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Home My WebLink About2013 12 18DECEMBER 18,2013 00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano Ricardo Pacheco Cruz Baca - Mayor - Mayor Pro Tern - Council Member Monica Garcia - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL. Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate recognition to the Baldwin Park High School Cross Country Team. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons,- or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome acci6n en algCln asunto a menos que sea incluido en la agenda, o a menos que exista algClna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1d fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — DECEMBER 18, 2013 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands 2. APPROVAL AGREEMENT FOR ATTORNEY SERVICES — TAFOYA & GARCIA LLP It is recommended that the City Council (1) authorize termination of the Agreement for Legal Services with Aleshire & Wynder and (2) approve the attached Agreement for Legal Services with Tafoya & Garcia LLP 3. CLAIM REJECTION Staff recommends City Council reject the claim of James Grant and Warren Huncovsky and direct staff to send the appropriate notice of rejection to claimant. 4. ACCEPT PLANS AND SPECIFICATION, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR THE CONSTRUCTION OF THE BARNES PARK IMPROVEMENTS It is recommended that the City Council approve the plans, specifications, and Notice Inviting Bids for the Barnes Park Improvements and direct staff to advertise. 5. ADOPTION OF RESOLUTION NO. 2013-039 ESTABLISHING A GREEN STREETS POLICY It is recommended the City Council introduce resolution No. 2013-039 by reading its title only and waive further reading. 6. AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO WEST COAST ARBORIST Staff recommends that the City Council: 1. Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of $95,000-1 and 2. Authorize the Mayor to execute the attached agreement. 7. AWARD OF CONTRACT FOR THE STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013-2014 Staff recommends that the City Council: 1. Award Construction contract(s) to AEGIS ITS, Inc; in an amount not to exceed 2. Authorize Staff an allowance of 10% for unforeseen change orders related to this project from Measure R. 3. Authorize the Mayor to execute the attached agreement. City Council Agenda — DECEMBER 18, 2013 Page 3 8. SECOND READING OF ORDINANCE 1361 ADOPTING 2013 EDITION OF CALIFORNIA BUILDING CODE (CBC), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CMC) AND, 2013 GREEN BUILDING CODE Staff recommends that the City Council adopt Ordinance 1361 on second reading, read by title only and waive any further reading thereof. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 9. AN APPEAL OF THE PLANNING COMMISSION'S FAILURE TO REACH A MAJORITY DECISION ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR A 27 -BED, ADULT RESIDENTIAL CARE FACILITY WITHIN THE R -1, SINGLE - FAMILY RESIDENTIAL ZONE (LOCATION: 3562 -3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE INC.; CASE NO.:CP -801). Staff recommends that the City Council receive any public comment on the item, close the public hearing, and direct staff to EITHER: bring back to the January 15, 2014 City Council meeting a resolution of approval, Resolution 2013 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R -1, SINGLE - FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 -3572 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE INC.; CASE NUMBER:CP -801); or 2. bring back to the January 15, 2014 City Council meeting a resolution of denial, Resolution 2013 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R -1, SINGLE- FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 -3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE INC.; CASE NUMBER:CP -801). City Council Agenda — DECEMBER 18, 2013 Page 4 ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of December 2013. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero(aDbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — DECEMBER 18, 2013 Page 5 1 BALDWIN n, A,V -Y ,. TO: Honorable Mayor and Members of the City Counc FROM: Craig A. Graves, Interim Finance Director Date: December 18, 2013 I ® ®!®AT_ lllF________a_ B_ SUBiE_C 1 : warrants and Deman -s - The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting; the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 195904 — 195933. Additionally, Automatic Clearing House (ACH) Payroll depositswere made on behalf of City Employees from control numbers 232103 - 232346 for the period of October 27, 2013 through November 09, 2013 inclusive; these are presented and hereby ratified, in the amount of $348,349.43. 2. General Warrants, including check numbers 197989 to198246 inclusive, in the total amount of $992,050.65 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. Staff recommends City Council ratify the attached Warrants and Demands. M 0 629 h tX it L9 dk 0 Ab itk 1� UM VI Ci ri moot UPS A! 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BACKGROUND/DISCUSSION On December 10, 2013, the City Council appointed Robert N. Tafoya as City Attorney and will enter into an agreement with the law firm of Tafoya & Garcia LLP. As of December 18, 2013, Mr. Tafoya will be providing legal services to the City of Baldwin Park. DISCUSSION The attached agreement will permit Mr. Tafoya and his Law Firm to represent the City of Baldwin Park. The proposed rates and other terms and conditions are as follows: Attorneys $175.00 per hour, Paralegal $110.00 per hour, for Special Services and Third-Party Cost Recovery $250.00 per hour, and for Bond Counsel and Financial Services $350.00 per hour. RECOMMENDATION, It is recommended that the City Council 1) authorize termination of the Agreement for Legal Services with Aleshire & Wynder and 2) approve the attached Agreement for Legal Services with Tafoya & Garcia LLP. IN i r CITY ATTORNEY CITY OF BALDWIN P4 This CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES (the "Agreement ") is effective as of the 10th day of December, 2013, by and between the law firm of TAFOYA & GARCIA, LLP, a California limited liability partnership ( "T & G "), and the CITY OF BALDWIN PARK, a municipal corporation ("City"), The term "City" shall also include all boards, commissions, financing authorities, and other bodies of City. APP__OINTMENT City Council hereby appoints Robert N, Tafoya as the City Attorney, and hues T & G as its City Attorney, to render such legal services as are customarily rendered by such officials and as further specified herein, including attending meetings of the City Council, Planning Commission, Economic Development, Housing Authority, if any, and other boards and bodies of City, and its affiliated agencies, as directed by the City T & G represents that it employs, or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services set forth herein, T & G shall not replace the designated City Attorney (or any successors to such persons) without the City Council's prior approval, except from time to time necessary due to illness or vacation scheduling. Approvall of any such temporary substitute, or of any additional Assistant City Attorney shall be obtained from the Chief Executive Officer, City Attorney may appoint various deputies as City Attorney deems appropriate, without the need for amendment hereof. 2. SCOPE OF WORK AND DUTIES A. T & G shall perform any and all work necessary for the provision of City Attorney services to City, including, without limitation, the following: (i) Attendance at City Council, Economic Development, Housing Authority and Planning Commission unless excused by the Chief Executive Officer or his /her designee, and other board and commission meetings on request of the Chief Executive Officer or his /her designee; and (ii) Provide legal advice, written legal opinions, and consultation on all matters affecting the City to the City Council, Chief Executive Officer, boards, commissions, committees, officers, and employees of City and as requested by the City Council, the Chief Executive Officer, or his /her designee, in accordance with such policies and procedures as may be established by City from time to time; and (iii) Be available for telephone consultation with City staff, as needed on legal matters which are within their area of operation; and (iv) Prepare or review necessary legal documents such as: ordinances and resolutions; all agreements of any nature; all real property instruments of any nature including purchase agreements and escrows, leases, covenants, deeds, easements and licenses; bond size, amount, and offering terms and conditions; public works construction documents including bid specifications, contracts, bonds, insurance, liens and related documents; memorandums of understanding; franchise agreements; and all similar documents, all as requested by City; and (v) Represent and advise City on pending and potential litigation as requested by City; notwithstanding the foregoing, it is expressly understood that T & G shall not be responsible for any pending litigation matter(s) handled by attorneys previously or otherwise employed by the CI y' until all files have been transferred to T & G and T & G has specifically appeared in the matter(s) as attorneys of record on behalf of City; and (vi) Monitor pending and current legislation and case law as appropriate; and (vii) Supervise outside legal services, if any. B. T & G, as a full - service law firm, is prepared to, and will upon request of City, provide representation to City in all of its legal affairs, including, but not limited to, municipal law, land use, environmental, toxics, mining, water, tort defense, personnel, labor representation, code enforcement, criminal prosecution, redevelopment, housing, cable television, finance, franchising, contracts, enterprise and other matters, except where conflicts exist or where the City Council may otherwise direct. The City Attorney shall represent City in all of the foregoing legal matters, and in initiating and defending all litigation unless otherwise directed by the City Council_ C. The City Attorney will keep City informed as to the progress and status of all pending matters in accordance with such procedures as the City may establish from time to time. The City Attorney is expected to manage, control and oversee the delivery of legal services in a competent, professional, and cost - effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned. If outside special counsel is retained, unless otherwise directed by the City Council, such special counsel shall be supervised by the City Attorney, D. All legal services shall be coordinated under the direction of the Chief Executive Officer. Notwithstanding any other provision contained herein, any legal services can only be authorized by the City Council or Chief Executive Officer. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign legal matter of City from or to T & G. CITY DUTIES City agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for T & G to effectively render its professional services under this Agreement. To the extent City desires services to be rendered on site, City, at 2 City's expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and secretarial support, as approved by the Chief Executive Officer, as may be necessary therefor. City further agrees to abide by this Agreement, and to timely pay T & G's bills for fees, costs, and expenses, as established by this Agreement. However, nothing in this Section, or any other part of this Agreement, shalt be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign legal matters of City from or to T & G. PERSONNEL Assignments may be modified as provided in Section 1 above and except as so provided, T & G will exercise its discretion to utilize whichever attorneys and staff it determines to be best suited to its rendition of legal services under this Agreement, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient manner. COMPENSATION. City Attorney agrees to provide all standard City Attorney legal services at the following hourly rates: Personnel Rate Attorneys Paralegal $175.00 $1 10.00 6, 13OND OR 1, INANCI_AL SERVICES SE[VICES FOR THIRD PARTIES Notwithstanding the foregoing, T & G provides special services in a number of areas where special rates apply. City shall generally utilize such special services, when applicable, but City retains discretion over the assignment of legal matters as provided in Section 3. Special services include: (a) Cost Recovely from "Third Party. Where legal services are undertaken for the sole benefit of a private third party and are subject to cost recovery from that private third party (such as review of CC &Rs for a developer), the hourly rate will be Two Hundred Fifty Dollars ($250) per hour, or such other hourly rate as has been agreed to by such third party. (b) Bond or Financial Services. Bond or Financial Services shall mean those situations where T & G acts as Bond Counsel for City with regard to the issuance of securities by City; after review and accord of the proposed issue by independent review counsel, if selected by City, T & G shall be compensated for Bond or Financial Services on a flat fee non - contingent basis of Three Hundred Fifty Dollars ($350) per hour or on a contingent finance option. The choice of options shall be solely at the choice of City. The contingent finance option fee structure shall be as follows: (i) For land based issues (i.e. CFD, Assessment or Improvement Districts) one and one - half (Ph) percent of the first $1 million executed and delivered; three - quarters percent of the next $4 million executed and delivered; one -third percent of the next $10 million; one - eighth percent of the next $10 million; and one -tenth percent of any amount over $25 million; subject to a minimum fee of Forty Thousand Dollars ($40,000); or (ii) For all other financings the above schedule applies with a 15% discount. In the event that multiple series of bonds or notes are issued, the foregoing fee schedule would be applied to each issue. Fees shall be contingent unless otherwise directed by the client. if contingent, payment of the fees is entirely contingent upon the successful execution and delivery of the bonds or notes to he payable on or after delivery, except for out-of-pocket expenses, including but not limited to fees and expense of federal tax consultants. At the discretion of the City, City may choose a non- contingent structure in lien of the above schedule at the rate of $350 per hour on a blended rate for all attorney time incurred. COSTS AND OTHER CHARGES T & G may incur various costs and expenses in rendering the legal service-- required by this Agreement which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by City. These costs and expenses are described in more detail in Exhibit "A", All clerical services, ordinary travel costs (e.g., from the T & G office to court or City Hall), and miscellaneous expenses (e.g., telephone and facsimile charges) are included within the rates set forth above, and there shall be no additional charges for such expenses. City agrees to reimburse T & G for expenses such as experts' or consultant fees, or litigation expenses such as court reporters, which shall be passed through to the City at the actual costs thereof. Reimbursable costs shall not include any overhead or administrative charge by T & G or T & G's cost of equipment or supplies except as provided herein. T & G may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). City will be responsible for paying such fees and charges. T & G will not, however, retain the services of any outside investigators, consultants, or experts without the prior agreement of City. T & G will select any investigators, consultants, or experts to be hired only after consultation with City. Extraordinary travel expenses, including transportation, meals, and lodging, when incurred on behalf of the client shall be reimbursed by City only with the prior agreement of City. Finally, periodically, when on-site, T & G personnel may be required to make local and long-distance telephone calls, or make photocopies, or incur other expenses on behalf of the City as well as other clients. T & G will not be charged for such expenses and, in exchange, will not charge the City for calls made from our office or other locations to the City. STATEMENTS AND PAYMENT T & G shall render to City a statement for fees, costs, and expenses incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work pet-formed. Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or such other basis as the City may direct. Reimbursable costs shall be separately itemized. Payments shall he made by City within thirty (30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. Payments made more than thirty (30) days after the dine date shall draw interest at the legal rate. 9. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT The experience, knowledge, capability and reputation of T & G, its partners, associates, and employees, was a substantial inducement for City to enter into this Agreement. Therefore, T & G shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors, or otherwise, without the prior written approval of City. Adding attorneys to T & G, changes in the partnership, name changes and similar changes shall not be deemed a transfer or assignment requiring approval of City or amendment hereof: 10. INDEPENDENT CONTRACTOR T & G shall perform all legal services required under this Agreement as an independent contractor of City, and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement. Neither City, nor any of its employees, shall have any control over the manner, mode, or means by which T & G, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge, supervision or control of T & G employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service, 11. INSURANCE T & G shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than a combined single limit of One Million Dollars ($1,000,000.00), and One Million Dollars ($1,000,000.00) products and completed operations. (b) Workers' Compensation Insurance. A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both T & G and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. kj Automobile Insurance. A policy of comprehensive automobile liability insurance written oou per occurrence basis inuo amount not less than u combined single limit liability o[ One MdUuu Dollars ($l,000,O00.ON. Said policy shall include coverage for owner, non-owner, leased and hired cars. (d) Errors and Omissions Insurance, A policy of professional liability issuance written oil uo|uiony made basis inuuumoont not less than Three Million Dollars ($3,0O0`000.00). Except for the policy of professional liability insurance, all of the above policies of insurance abo|| he primary insurance and abu|| name City, its officers, onopioycm and agents as additionally insured. Except for the policy ofprofessional liability ivaumnuc' the insurer ubuU waive all rights of subrogation and contribution i< may have against the City, its officers, employees and agents and their respective insurers. 'Except for the policy of professional liability insurance, all of said policies of insurance obu|| provide that said insurance may not bu muoudud or canceled vvhboui providioAdbirty (30) days prior written notice by registered mail to the City, In the event any of said policies of insurance are ounod|od, the attorney shall, prior to the uuooeUo1iou du1o' submit new evidence of insurance in conformance with this Section to the City. F ailure to do so is cause forteri-nination. 12, INDEMNIFICATION A. T&Gagrees to indemnify City, its officers, employees and agents against, and will hold and save each ofthem hnun|eau from, any and all actions, suits, claims, damages |m persons or property, luaocm, costs, peuuJtioo' ob|iQx1inoo, onnm, onoiooiooy or |iu6ildica (herein "claims or |iabi|dieo") that may fie asserted or claimed 6v any person, Dnnnr entity arising out nfuriuconnection with the vxvk operations or activities of 6i (|, its agents, employees, subcontractors, or bmi{eca, provided for herein or arising Gnm the m1a or omissions of7& {} hereunder, or arising from T8c {7e performance ufo,failure to pedhnu any term, pu`viaion, covenant orcondition nf this Agreement, except N the extent such u|ui/no or UuhUhicx arise from the negligence cowillful misconduct ofCity, its officers, agents oremployees. B. City acknowledges that T8c G is being appointed as City Attorney pursuant to the uudmrityo[Govcrnn`entCudcScoiioo36505,mndhaathuoodhorhvofdh*o[Duc./\c000diu&|y,thaOh/ ia responsible pursuant to Government Code Section 825 for providing u defense for the City Attorney for actions within the aoupu of its engagement hereunder. Therefore, City u8r000 to undertake its statutory duty and bndonuii� T8c0' its nF6onm, employees and agents against and will hold and auvo each of them hmm|mao from, any and all claims or Uu6i|Nem that may be asserted or okdamo by any person, 6no or entity arising out ofoo in connection with the work, operations or activities of?&(} within the 000mc and scope of its employment hereunder, but nothing herein ahuU require City to indemnify T & G for liability arising from its own negligence, In connection herewith: (i) City will yronuFu|y provide o defense and pay any judgmentrendered against the City, its officers, agency or employees for any such claims or liabilities arising out of or in connection with such work, operations or activities of City hereunder; M (ii) In the event T & G, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against City for such damages or other claims solely arising out of or in connection with the work operation or activities of City hereunder, City agrees to pay to T & G, its officers, agents or employees any and all costs and expenses incurred by attorney, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 13. NOTICES. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified, or by delivery of same into the custody of the United States Postal Service, or its 'lawful successor; postage prepaid and addressed as follows: CITY: City of Baldwin Park 14403 East Pacific Ave. Baldwin Park, CA 91706 -4297 Attention: Chief Executive Officer ATTORNEY: Robert Tafoya. Tafoya and Garcia, LLP 316 West 2 `1 1 Street, Suite 1000 Los Angeles CA 90012 Phone: (213) 617 -0600 Fax: (213) 617 -2226 Service of a notice by personal service shall be deemed to have been given as of the date of such personal set-vice, Notice given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service. Either party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that specified above. 14. NON- DISCRIMINATION In connection with the execution of this Agreement, T & G shall not discriminate against any employee or applicant for employment because of race, religion, marital status, color, sex, handicap, sexual persuasion, or national origin. T & G shall take affirmative action to ensure that applicants are employed, and that employees are treated fairly during their employment, without regard to their race, religion, color, sex, marital status, handicap, sexual persuasion., or national origin. Such actions shall include, but not be limited to the following: employment, promotion, demotion, transfer, duties assignment; recruitment or recruitment advertising; layoff of termination; rates of payor other forms of compensation; and selection for training, including annrenticeshin. 15. TERMINATION DISCHARGE AND WITHDRAWAL This Agreement shall commence on December 10, 2013, and shall remain in full force and effect until terminated by either party hereto City may discharge T & G at any time. The City Attorney shall have no right to hearing or notice, and may be discharged with or without notice. T & G may withdraw from City's representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon at least sixty (60) days' notice to City. In the event of such discharge or withdrawal, City will pay T & G professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation, including without limitation, proration of the monthly retainer amount to the date of such cessation. City agrees to execute, upon request, a stipulation in such form as to permit T & G to withdraw as City's attorneys of record in any legal action then pending, T & G shall deliver all documents and records of City to City, or to counsel designated by City, and assist to the fullest extent possible in the orderly transition of all pending matters to City's new counsel. 16. CONFLICTS T & G has no present or contemplated employment which is adverse to the City. T & G agrees that it shall not represent clients in matters either litigation or non - litigation against the City. However, T & G may have past and present clients or may have future clients, which, from time to time, may have interests adverse to City, and T & G reserves the right to represent such clients in matters not connected with its representation of the City. If a potential conflict of interest arises in T & G representation of two clients, if such conflict is only speculative or minor, T & G shall seek waivers from each client with regards to such representation, However, if real conflicts exist, T & G would withdraw from representing either client in the matter, and assist them in obtaining outside special counsel. 17. INTERPRETATION OF AGREEMENT AND FORUM This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California. In the event of any dispute hereunder, forum shall be the Superior Court, Los Angeles County. 1s. INTEGRATED AGREEMENT: AMENDMENT This Agreement contains all of the agreement of the parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. 'This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 19. CORPORATE AUTHORITY The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said patties and that in so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the patties hereto have executed this Agreement as of the date of execution by the City. Dated: December 2013 ATTEST: By: City Clerk "CITY" CITY OF BALDWIN PARK, A municipal corporation By:_ Mayor By Taf6ya & EXHIBIT "A" STATEMENT OF BILLING PRACTICES T & G's fees are charged on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill. The current hourly design rate for the attorneys and staff working on this matter will be set :forth in the billing statement. Annually, you will be provided with the prevailing hourly design rates for the attorneys who will spend the predominate amount of time on this matter. It should be understood that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in seniority and experience as well as inflationary factors. These increases are generally made on an annual basis effective at the beginning of each calendar year. However, where contract rates are established, they prevail over design rates. T & G will incur various costs and expenses in performing legal services. These costs and expenses are separately billed to the client and include fees fixed by law or assessed by public agencies, litigation costs including deposition, reporter fees, and transcript fees, long distance telephone calls, messenger and other delivery fees, postage, photocopying (charge of twenty cents ($.20) per page) and other reproduction costs, staff overtime when necessitated and authorized by the client, and computer - assisted research fees when authorized by the client, all based on the actual and reasonable cost (mileage, reproduction and other costs are periodically adjusted in accordance with the Firm's actual costs). However, where designated by contract, such costs and expenses shall be included in the contract rates. Except as established by contract, travel costs, including mileage (current IRS rate), parking,, airfare, lodging, meals, and incidentals, are charged in connection with administrative or judicial proceedings, or when traveling outside of Los Angeles County. Travel time may also be charged in connection with such proceedings. In addition, the client will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with the client. It is understood that T & G will generally not charge for mileage or travel time between out, office and City facilities, nor for local telephone calls or calls made to the City. In exchange, Firm shall not be charged for calls made or received at the City, whether local or long - distance, or for copyirig charges since copying onsite will reduce the charge to the client. The monthly billing statements for fees and costs shall indicate the basis of the fees, including a detailed and auditable breakdown of the hours worked, the billable rates charged and description of the work performed. All bills are expected to be paid within thirty (30) days of the date of the billing statement. In the event any statement remains unpaid for more than thirty (30) days after the date of the statement, interest thereon at the rate of ten percent (10 %) per annum shall be due and payable thereafter on the unpaid balance, Registration fees for attorneys attending conferences and seminars are paid by T & G and are never charged to the City (unless expressly requested by the City). L1 P A - R, K C�L AGENDA CITY Cot) , IY`ls DEC 1 8 ITEM NO. %3 AGENDA STAFF REPOIJX TO: Honorable Mayor and City Council f1lembers FROM: Shama P. Curian, Senior Human Resources Analyst DATE.- December 18, 2013 A This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. Staff recommends City Council reject the claim of James Grant and Warren Huncovsky and direct staff to send the appropriate notice of rejection to claimant. Attachment(s) Claim filed by: • James Grant • Warren Huncovsky l 2 3 4 5 0 7 Q� � 9� lO � � ll � � 12 13 14 15 ]6 17 18 ]g 20 21 22 Z} 24 25 26 27 *� SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT JAMES VS. NOTICE OF CLAIM GOVERNMENT CODE SECTION 910,911, ET SEQ. I ] 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 |6 17 18 19 20 2] 22 2] 24 25 20 37 %8 �'be sent to claimant, JAMES GRANT, directly at 3829 Penn Mar Avenue, El Monte On or about May 31, 2013 at about, Claimant, JAMES GRANT, also linown as AM GRANT, sustained severe and permanent physical and emotional injuries, including a fractured right leg, and property damage as a result of falling on a public sidewalk and/or driveway, located within the City of Baldwin Park, California. The Fall, or accident, was caused by a crevice which existed between asphalt, brickwork and/or cement at the south driveway of the del Taco located at 12690 E. Ramona Blvd., Baldwin Park, CA 91706. The claimant was injured while exiting the driveway on the easterly side of the property that leads onto Syracuse Avenue. While doing so, a dangerous condition(s) of private and/oi public property caused the front wheels of the claimant's wheelchair to become lodged into a hole causing claimant to be thrown forward and onto the driveway and/or sidewwalk. BACKGROUND The above named public and other entities are believed to own and control the subjed sidewalk and appurtenances thereto where the accident described herein occurred. In addition, the above named Defendants hired, retained, controlled and employed others, who at all relevan, times, were within the course and scope of their respective employments with named entitie� and/or other individuals and/or entities and/or perfon-ning tasks that were non-delegable. At all relevant times, claimant was a resident of El Monte, in the County of Los Angeles, address ol which is, and was, 3829 Penn Mar Avenue, El Monte, CA 91732. At all relevant times, the claimant was a business invitee of the subject Del Taco it Baldwin Park, CA and was lawfully present at said subject Del Taco, as well as the surroundinE public streets, located in the City of Baldwin Park, State of California. NATURE OF INCIDENT On or about May 31, 2013, claimant, JAMES GRANT, was exiting the subject Del Tac( driveway in an easterly direction towards /onto the public sidewalk on the west side of Syracuse all of which was public property and/or within the public right-of-way, of the City of Baldwii � � 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Park in the County of Los Angeles, California. This area was controlled by the herein and used by the residents, citizens, businesses and other individuals and/or entities within the respondent city as well as those coming from outside the city or area to cond business and/or personal matters with those residing within arid/or conductrig business within City of Baldwin Park. As claimant, JAMES GRANT was proceeding towards the public sidewalk, wheelchair encountered a crevice in the driveway in close proximity to the public sidewalk the west side of Syracuse Street. The crevice was located near the sidewalk and brickwork in driveway which appears to have been intended for purposes of drainage of water. There been metal covers over the crevice that had been intended to allow vehicles, pedestrians others to safely pass over the crevice while providing drainage for water in the area that could have, otherwise, accumulated. Some of the metal covers had been caused to become removed during the two or more year period prior to the accident described herein which caused a dangerous condition in that feet, shoes, wheelchair wheels and other items used for traversing and/or moving about the area could be caused to become "trapped", "stopped", "stuck" or otherwise restricting the movement of persons, wheelchairs etc. Photographs of the subject area are attached to this claim by way of photograph and I computer dise(s) As attempting to exit the driveway and onto the public sidewalk, the fi-ont wheels of claimant's "caught" or "stuck" in a portion of the sidewalk, causing claimant to be thr( forward upon the cement sidewalk area to the south of the trip. This area of the drive) and/or sidewalk, constituted a dangerous condition and was installed, constructed, contro and/or otherwise, maintained by the respondents and/or those who were hired by the responde to perform legal and other duties that were non-delegable as to the respondents herein. Each and every one of the respondents, subject entities, assignors and/or assignees rights, etc. owned the I subject public and/or quasi public property property, and had legal and other duties to properly install, inspect, maintain, repair, warn of dangerous conditions and to. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 otherwise, avoid exposing others to unreasonable risks of harm, had actual and/or constructive notice, over a period of, at least a year and a half (1 1/2) , as to the subject dangerous condition. Despite the foregoing, the respondents and their employees, contractors, etc., after creatin and/or improperly installing the driveway, sidewalk and failing to secure and/or inspect the subject metal covers had sufficient time prior to the injury to have corrected the dangerous condition, but took, absolutely, no action to inspect, maintain, repair, to eliminate, or reduce the risk of harm to others, and failed warn others of the dangerous condition by, at least, marking the sidewalk with fluorescent paint and/or effectively restricting pedestrian traffic upon the dangerous public driveway, casement, right-of -way, and/or sidewalk. There is direct and circumstantial evidence of actual and constructive notice of the condition to the respondents based upon, among other things, the following: 1) Evider obtained by "Google" indicates the condition existed a year and one half (I V2) earlier(,, enclosed photos from a year or more earlier) and respondents had actual, if not constructs notice of the condition, 2) Respondents and their agents engaged in other asphalt and/or cem( repairs in the immediate area within a year prior to the accident, and 3) The respondents a their agents, conducted graffiti removal and other maintenance in the immediate or nearby a] within the year prior to the subject accident, etc. Despite the foregoing, the respondents, as 'A as the adjacent and/or actual property owner of the business where the condition existed, d absolutely nothing to prevent injury or to avoid risks, of harm to others. Attached are photos and/or electronic prints that include evidence in the form of grap] depictions of the subject area and dangerous condition obtained from "Google" at least a y' prior to the accident, The attached digital and other photographs, as well as other attachme are incorporated into this claim by reference as though set forth in the body of this claim. Liability is based upon general negligence and/or a dangerous condition of put property with respect to the Defendants/respondents who owed claimants a duty of due care the carrying out of their duties and/or to maintain public streets, sidewalks, driveways and ot] public property in a safe manner. Furthermore, doctrines of Res 1psa Loquitur, Public arV1 4 \ 2 3 4 5 6 7 8 9 ]O ll 12 � 13 14 }5 16 |7 18 19 20 `- 21 22 23 24 25 28 2? 28 ! / Premises Liability, General Negligence, Negligence per se or failure to comply with Fedel State and local laws and ordinances, includii ; ig building codes and safety regulations standards, and such other basis which are not currently known and/or are being investigated, explored and claimant reserves the right to include any other legal basis of liability within, civil complaint which may later be required following any express denial of claim or denial operation of law. i Claimant, JAMES GRANT, sustained 'serious personal injuries and continues to suffer the same, including neck, back, knees, head, face, scarring, dental injuries and multiple bumps, braises and contusions and such other injuries according to proof. The most significant injury was a fractured right leg with a 4-5 inch easily visible scar on the front of the claimant's light Claimant, JAMES GRANT, was required to seek emergency room care at Greater El Monte Hospital, which included, among other things, Diagnostic testing, surgery to his right leg, detailed examinations, x-rays, medication, etc. These injuries required further examinations wit], an orthopedist A fall copy of the current "Resume of Damages" is attached hereto and/or included with this claim and incorporated by reference and ffirther details the accident related injuries and damages. The resume of damages references general, as well as special damages inherent with this claim. The total general and special damages sustained by JAMES GRANT are believed to within the unlimited jurisdiction of the Los Angeles County Superior Court. As such, a precise amount is not stated herein. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This notice of claim will be mailed and postmarked on this date which is the effective date to constitute filing of a claim. Plaintiff) claimant will also mail a copy of this claim with return receipt and an original claim will be served directly upon the City Clerk of the City of Baldwin Park on this date. All referenced claim forms shall contain an original signature. I Dated: November 27, 2013 LAW 0 IM I with attachments as noted, and otherwise, all of I [Uyr* �11 are incorporated into this claim r'rTt-%'rTf'T-' nu CT A TM nV T A T%A-Pq CI-R ANTI DATE OF ACCIDENT: MAY 30, 2013 NATURE OF ACCIDENT: FALL FROM WHEELCHAIR DUE TO DANGEROUS CONDITION OF COMMERCIAL PROPERTY NATURE OF INJURIES: RIGHT LEG FRACTURED, MISC BUMPS, BRUISES AND CONTUSIONS, RESIDUAL 4 INCH PLUS SCAR ON FRONT OF RIGHT LEG OBJECTIVE FINDINGS: VISIBLE, CLINICAL RADIOLOGY 1. AMBULANCE $ PENDING 2. GREATER EL MONTE HOSPITAL $ PENDING 3. SAN GABRIEL COMMUNITY HOSPITAL (surgery) $ PENDING 4. MISSION CARE CENTER (Convalescent I-lospital),Rosemead $ PENDING 5. TAKEI, M.D., ORTHOPEDIST 2 X since surgery $ PENDING 6. HAPPY HOME CARE, BALDWIN PARK 7. No outside therapy TOTAL ACCIDENT RELATED HEALTH CARE $ PENDING VaX bUrVOl- -LV/.L.L/ 4VdLO -4 0 C3 -0 T 0 o Z6 m C cS o-, ID 3 c'nD �(D LU 0 0 0 0 0 o o a o o o -n 0) o CO 4�- co 0) --j t31 3 co CD co R5 N 0 CO w co w co w co Cl) w [a 0 N Ft t A N -rQ) it it pl, 8 -3 (0 3 'o p co 8 Sol C', 0 Ol m 0) cn O 0071 .A O ID 0) .0, 0 m Q Q N CO w m I-j 0 4� rk) 0 M N (D 3 > 0 ti < Z m zo z DI DI z 8 CL 0 0 7\ > W,:: > m 0 0 Tm mm mz >z 0 6 z 0 0 G) m 8 m m M > m > c Z c w tow to w w -W u > N) (D b b 8 8 210 00 c 0 0 b m w ww > p w -W p p a') 0 0 0 0 - 0 0 00 a -0 SU 2 22 W Cl) C.) W w w w w co W w ci iI z z z z z z z z z z z z 0 0 0 0 0 0 0 a a 0 0 a CD 0 womom mw CnN IN -(111 100 N w m N N P, il) b K) L- K3 b� b b K) b K) �3 wo 0 ca 0 0000 41, Z. D. A <0 W R) N M. 2 C? ".1 81 N CD Q momomomocm OTCMM-ncm 0 mg:62T�12SZH SFM 77Z --I C:wc -U 0 WK-Voco%o xw mm � 0 Dimu pspsg 0 0 v 2 � ?, � 21 w wmm n5�MlIpwM51M3 CU00 0 > 000 Ct- 0 Z>o 0 z z P� MWA %�� 6 8 0-0�, qTpx pom m < m m -< r- r- m F> M< �;R2 0-22 5 UO) mz WA m MMO => mo omo : moo :1 00 do >E m 71 0 m n 0 M M -n m m jj c ni m 33 m m m ;U O ?i (D -4 0 C3 -0 T 0 o Z6 m C cS o-, ID 3 c'nD �(D LU oo3. (n CiS iv CD 4�- F :3 0- Co (n 0) o CO 4�- co 0) --j t31 3 co CD co (D 0 -69 -G4 N. 0 0 0 (D i;� 40 �(D LU o (D 0 R- -co W m 00 co 0 -69 -G4 CC) co 0 i;� 40 o W m 00 co Welcome To Del Taco #971 Baldwin Park, CA 91706 Store # (626) 3313-6202 MAIN 1-800-852-7204 ORDER #26 Host: HORACIO 5 ORDER #26 10:15) ptl 1) 16 9 Order Type: To-Go Fiery 'E, Layer Burrito 59 FREE DEL TACO FOOD fall U'S abin-L't YOUF Visit and receive r,r- -1:1311-owing Uri Your lif, t 't 0A j 11 De dG FREE CIrilled ChWren Taco* 9 1 (12) � 1, ,twith any purchase Of $3 or more OR FREE 1/211 Bean & Cheese Burrito* (#10; *;pith an purchase of $3 or more .4 -Y V OFF any purch?ria of $3 or more ( #104) STEPS 1. Visit ,sy� 1+aco.,com within 72 hours and the following code: 921 695 jor `97 323 a4l. tine quick survey and write the Vdlidatikin code below: encuj3sta estd disponible en espaflol„ Coupon jexpjres 60 days from receipt dat i4jil. valid with any other coupon. Subtotal 1,59 9,000% Tax 0, 1 14 -j"o—Go -rotal i m 73 Amt Tender 1,73 --- Check Closed --- i r �� ti� Order TYPe' -10-6o 59 Piery Layer Burrito FREE DEL TACO FOOD 4 t and receive jh,0Ljt your visit -; �h fgll,,)Wi.ng Gri dO: o Be O y, 3,k j vis FREE Grilled ChiGken Taco* ,,,qjth anY purchase Of $3 or more -OR- FREE, 1/21b bean & Cheese Burrito* W purchase. of T,3 or more P) R - $'i OFF anY pur&a-sa of $3 or more i Z04, 2 STEPS j:,, ...-,jt.aco,com within 1, visit lqlykfltli�— i�, 72 hours and the fol")w'n,g 921 5,.35 lop 97 323 write the qi.;ick, survey and 2 lf Ta v,ilidat,an code below. -------------- ----- - - - - -- ',,I enculeste, �std disponible en espanol Coupon . expires 60 days f rom receipt date t4ot valid with any other coupon - 1.59 Subtotal 0.14 g,000% Tax I-o—Go Tota'] 73 1,73 qjnt Tender --- Check closed C'� �Avyl oi- 0 "- aF--t W-4 C 12 Vyl 0 0 Sodium Restricted Diet ✓ Sunday Please Circle Your Setectiot$ Appetizer &a Salads Tossed Green Salad with Diet Dressing * lore .E Soup p" e 7u' e Rice Porridge Entree s4-Select 1 *Sa YFfee Chick jitas Sa k Free Beef Tip Vegetables &a Starches *SWtEte h -Rice Salt Free Pars Noodles *Salt F ixed egetables Desserts (Select 1) * el dike Jell -O Ice Cream ' Breads & Spreads Wheat Bread Corn Tortilla White Bread *Margarine Sodium. Free Crackers. Jelly B erages &C di t *Coffe *Creamer Decaf Coffee Lemon Wedge Tea Hot Cocoa Ice Tea Mocha Mix *Sugar Sugar Sub '-Black Pepper "Whole h * 4oz Reduced Fat Milk Fat Free Milk Ik GRANT JIM T 30569651 ROOM.416 -A AGE..61 SEX..M DR..WASEF RASH TECH_____ Name NUTRITION SE 6/02/'13 06:34 _ ,"Ell M.D., INCA„) MORRIS BAUMIGARTEN, M.D., INC. 931 Buena Vista Street, Suite 505 Duarte, California 91010-1727 Telephone: (626) 357-9931 Fax: (626) 359-0739 NAME DATE ADDRESS T' et CALIF. PLEASE LABEL MD. BNDD No. AT7792662— GLENN K. TAKEI, M.D., INC. REP TIMES. BNDD No. AB9798185 — MORRIS BAUMGARTEN, M.D., INC. #25-8293-03S 1113 RX67136.01 Keep Track of Your Shots Im EFOON SANGABRIELU VA L L E Y Medical Center, AHMC Dear Valued Guest, It is very important to us that we provide A clean and comfortable environment for you. During your stay, we will provide daily room cleaning services. If at any time during your stay you need additional housekeeping services, please dial Extension 3154 . Have a pleasant stay. Your Environmental Services Team E CD Q C r% td En o, w � I•• j w rn r ro 6 N r H Q 1 ra � � O U � C CD I o E' o o O O r to Q `° ¢ �� CD r-r O n RO � o �'' n H 0 (D t::) cn o rn � Z) Oo n r CD A p CD ' �' c• (D uQ at I i I a - nt/,Ro od'insibre P arty , is re - sp 11 ( I -n ', . ;ible for assuring tha ail. pPrscIlria, Q go- are, properly .marKea, mij m3rfi6 ' brought in after:admission are ac , to this inventory at the reqUeST. or rauen- poti6iyie 1-dJ Ly. T D K PROSTHETIC VICES�' Dentures: Cj Upppr �ff'j— Q—TY-1 .-APPLIANCES.: Belts �.V. - Ser. #: ,Blouses Radio - Ser. #: Cl Lower U Partial Date ,iggj� ,Goats Hair Dryer Eve Wear Dresses Electric Razor Gloves -Walker Ser. #: Hats W/chair -Ser. #: Robes JEWELRY' Brace -f-1 —.,Housecoats Jackets Rinq (Describe) ht owns amas ��,_,N! Purses Watch (Describe ) OTHER Shaving Kit Shoes -Shorts J" Slacks Slippers Slips FURNITURE ., -Socks/Hose _,Suitcases it .-Sweaters Ties LIndershirts Underwear I certify that this is a correct list of my clothes and belongings which I wish to retain in my possession and for which I take ENTIRE RESPONSIBILITY. I have received a copy of this list. n Siqk, ature of PatientJResp. Party Date ``- 'Signature of Facility - Representative Date If the patient is unable to sign, state reason: P Signature of Witness: PATIENT NAME-LAST FIRST MIDDLE HOSR NO. ROOM NO. Form 833/2 eb BRIGGS, Des Moines, IA 50306 (800) 247-2343 —BriggsCorocorn Unauthorized copying or use violates copyright law. PRINTED IN U.S A. BRiGGS. James Grant DOL: 5/' 3 James Grant DOL 5 /30/13 htt�:rima i. t i If3 . R mow+ x PW � ' e r i c- � ' e r 1 PROOF OF SERVICE ®® C.C.P. 1013A, 2015® 2 STATE OF CALIFORNIA. ) 3 COUNTY OF LOS ANGELES ) SS. 4 1 am employed in the County aforesaid; I am over the age of eighteen years and not a party 5 to the within action; my business address is 112 Shoppers Lane, Covina, California 91723. 6 On November 27, 2013, I served the within NOTICE OF CLAIM OF JAMES GRANT on the 7 7 interested parties in said action, by placing a true copy thereof enclosed in a sealed envelop, addressed as 9 follows: 10 SEE ATTACHED SEI2VIGE FLYER I 1 XX BY MAIL I deposited such envelope in the mail at West Covina, California. The envelope 12 mailed with postage thereon fully prepaid and by Registered Mail / return receipt. 13 XX I am "readily familiar" with my fine's practice of collection and processing correspondence, pleadings or other related materials for mailing. It is deposited with the U.S. Postal Service on that 14 same day in the ordinary course of business. I am aware that on motion of party served, service is 15 presumed invalid if postal cancellation date or postage meter date is more than one (1) day after the 16 17 date of deposit for mailing affidavit. 18 BY PERSONAL SERVICE I delivered such envelope by hand to the offices of the addresses. 19 — BY FACSIMILE In addition to regular mail, I sent this documents via facsimile, number (s) listed on 20 below the mailing address, on 21 I declare under penalty of perjury under the laws of the State of California that the foregoing 22 is true and correct. 23 Executed on November 27, 2013 at Nest Covina, California. 24 25 26 DECLARANT 27 28 i fPRC1CIF ()F CRRVICR1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE C.C.P. 1013A5 2015 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. Re: William "Bill" Puklus CITY OF BALDWIN PARK City Clerk's Office 14403 East Pacific Avenue Baldwin Park CA 91706 [PROOF OF SERVICE] 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911,2) To: City of Baldwin Park CITY OF BALDWIN PARK C1 5. aimants Occupation 0 C-- a 6. Home Telephone Number 3 S-1 9 C, Hui T PARK BALDWIN CLAIM FOR DAMAGES 9. When did DAMAGE or INJURY occur?' A P ov- D P I A K TO PERSON OR PROPERTY If claim is for Equitable Indemnity, give date claimant _PT INSTRUCTIONS served with complaint: Z0113 11. Where did DAMAGE or INJURY occur? _5 6 :� , L ta t- U 6 ( s) , 0-02 1N A 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 14. If physician was visited due to injury, include dale of first visit and physician's If yes, was a report filed? Yes N No ❑ Q .. — SIGNED -..v om aincn If yes, what is the Report No? il - -7 _2 9 Filing Stamp 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911,2) To: City of Baldwin Park 4. Claimants Date of Birth (if a minor) 1. a of Claimant Na 71k , C, Pi V �1 5. aimants Occupation 0 C-- 2. Home d re s of Claimant 1'2 F, L f-I 6 W k-00,44 6. Home Telephone Number 3 S-1 9 C, 3. Business Address of Claimant 7. Business Telephone Number 8. Name and address to which you desire notices or communications to be sent di g this claim: A P (Jo pi co v _s�,i M56, S, I-C-i-AIVO -vC Jo; 90VIrVA, CA_ I 9. When did DAMAGE or INJURY occur?' A P ov- 10. Names of any City employees involved in INJURY or DAMAGE: Date: Time: J, , Name D ;) artment If claim is for Equitable Indemnity, give date claimant served with complaint: 11. Where did DAMAGE or INJURY occur? _5 6 :� , L ta t- U 6 ( s) , 0-02 1N A . 12. Describe in detail how the DAMAGE or INJURY urred OT Z._+ 13. Were police or paramedics called? Yes 19 No ❑ 14. If physician was visited due to injury, include dale of first visit and physician's If yes, was a report filed? Yes N No ❑ name, address and phone number: If yes, what is the Report No? il - -7 _2 9 IQ U;2- 0 0 6 S7 0 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific -Use additional sheet if necessary) 5u�_Acod r(46,1 5k ,e eV- � X i4<-c( C't-0- LL) it, (,e 1+ S-hl YX G V, 15. List damages incurred to date? 16. Total amount of claim to date: $ qq 5,A 2-� Basis for Computation.- M &kt b 01 Z09,21 -0'v'(0 ,Wq.cf 9 Limited Civil Case: U Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ Basis for Computation: a Av-ro_ a_� cLb o k?, 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name 4 e, 66 4 tN C__0 vj� [<�� Address L_&(__A lu 1) AVL- /. I, Phone6 Z6, 532 9,01c/ f Name Address Phone 19. Signature of Claimant or person filing on claimants behalf, relationship to claimant and date: I hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. uki WAR i kowcov /� S - 20 ) -3 Signature Relationship to Claimant Printed Name Date Note: Presentation ot a Talse claim IS a Telony ti-enai L;oue beciion iz) CC Form 1 (Rev I/U6) I 12. Phillip Weiner was following the suspect in his patrol car. Suspect ran into driveway of 1336 S. Leland Ave. Weiner exited his vehicle while is was still moving and gave chase up my driveway, between my Cadillac and Dodge pickup. He caught the suspect between garage door and the two vehicles. That morning around 9AM , I got into my 2005 Cadillac and noticed the right mirror was pushed forward and the glass was broken. I called the West Covina police dept. to report it because they came to my door at 3 AM to get my name, address, etc. And left a card saying the report would be handled by them. Whoever answered the phone said the officers were not available but the info about the mirror would be passed on to them. No report apparently was ever made, since is was not part of the collision. 1,1 rnII - - I- 1 0 Leland land . .. Collision reDort states Weiner saw the suspect run into the back yard of 1140 T Ave. This is an error. He ran up the driveway at 1336 S. Leland Ave and was so determined to get the suspect, he forgot to put his car in park or set the brake, that he may not remember if he hit a mirror. An officer, with all his equipment on would take up a larger area than the suspect would. There are only two people who could have done it. The officer, the suspect, or both. SUBJECT: - PLANS AND SPECIFICATIONS, AND AUTHORI .` D, FOR • OF THE BARNES PARK IMPROVEMENTS - •M It is requested that the City Council accept the plans and specifications, and authorize staff to publish a Notice Inviting Bids for the construction of the Barnes Park Improvements. On November 7, 2012, the City Council authorized staff to publish and request proposals from design firms for the planning and design of the Barnes Park Improvements. These improvements were to include ADA compliant rubberized surfacing in the playground equipment areas, expanding and installing environmentally friendly water features at the existing splash pad, and expanding the existing picnic shelter. On December 5, 2012, the City Council awarded a contract for consultant services to Hirsch & Associates, Inc. (HAI) for the design of the Barnes Park Improvements. In early 2013, staff received bids for the construction of the Barnes Park improvements and unfortunately all bids received were above the City's construction budget. The City Council rejected all bids and no construction contract was awarded. DISCUSSION In order to rebid the project and successfully award a construction contract, staff identified and applied for additional funding to cover the budget shortfall. The City was awarded $300,000 by the Los Angeles County Regional Park and Open Space District, to use towards constructing the previously planned improvements. The City was also awarded $60,500 from the Land and Water Conservation Fund to construct an ADA accessible, shaded fitness zone at Barnes Park. Accept and Authorize Notice Inviting Bids for Barnes Park Improvements Page 2 of 3 December 18, 2013 New plans and specifications have been prepared. The first couple pages of these documents are included as Attachment 1. The full set of documents is available for review in the City Engineer's office. HAI has incorporated the fitness zone and a shade sail into the previous design which includes an expanded splashpad area with additional water play features and a water efficient re- circulating water system, the installation of a multicolored, ADA compliant, resilient rubber surfacing at both play areas, and an expanded picnic area with a larger shelter and additional seating, as shown in Attachment 2. The expanded picnic area will be listed in the bid documents as an additive alternate, and will be built only if funding allows. I m•7_T01► I' There are no fiscal impacts at this time. Upon review of bids, staff will recommend a construction contract award. At that time, staff will also provide a construction cost estimate with a breakdown by improvement to be constructed. The following table lists the available funds: Available Funds Total Available Funds $787,430 The designer's preliminary construction estimate, Attachment 3, shows an estimated cost of $786,394, which is within the construction budget shown above. It is recommended that the City Council approve the plans, specifications, and Notice Inviting Bids for the Barnes Park Improvements and direct staff to advertise. Accept and Authorize Notice Inviting Bids for Barnes Park Improvements Page 3 of 3 December 18, 2013 ATTACHMENTS 1. Notice Inviting Bids 2. Site Plan 3. Preliminary Construction Estimate Attachment 1 CITY OF BALDWIN ..- Public Works Dep. Funding Provided by: Los Angeles County Regional Park and Open Space District Cities and Specified Excess Funds Grant Program Community Development Block Grant Transportation Development Act (TDA) Article 3 Program Upper San Gabriel Valley Municipal Water District Land and Water Conservation Fund San Gabriel Valley Water Company CalRecycle Grant Sealed bids for the project will be received in the offices of the Public Works Director at 14403 East Pacific Avenue, Baldwin Park, CA 91706 up to the hour of 11:00 a.m. on January 16, 2014, at which time they will be publicly opened. Please note: Mandatory Pre -Bid Job -Walk on January 6, 2014 on site at 10:00 AM. BARNES PARK IMPROVEMENTS IN THE CITY OF .- PUBLIC NOTICE IS HEREBY GIVEN that the City of BALDWIN PARK as AGENCY, invites sealed bids for the above stated project and will receive such bids in the offices of the Director of Public Works, at 14403 East Pacific Avenue, Second Floor, Baldwin Park, CA 91706 up to the hour of 11:00 a.m. on Thursday, January 16, 2014, at which time they will be publicly opened. Copies of the Bid and Contract Documents are available free of charge on the City of Baldwin Park's website ( .PaldwinPark.co ). Bidder is responsible for checking website regularly for posting of addenda or project updates up to and including the day of bid opening. The general nature of work involves the demolition of the existing playground area surfacing and splashpad area, site preparation and the installation of new playground area resilient rubber surfacing, an expanded splashpad area, and a fitness zone. The uid ite� i �s and the 'time e allowed to complete Iplete t ie work are listed in the Bidder's Proposal. The descriptions of bid items are defined in the Technical Provisions. The construction cost is estimated to be $715,000. There is a mandatory pre -bid job walk for this project at Barnes Park located at 3251 Patritti Avenue, Baldwin Park, CA 91706, at 10:00 a.m. on Monday, January 6, 2014. Bids must be accompanied by a bid bond, made payable to the City of Baldwin Park for an amount no less than ten percent (10 %) of the bid amount. At the time of the contract award, the Contractor shall possess California Contractor License Class "A ". This is a federally- assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. This is a HUD Section 3 construction contract. First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan). In the procurement of supplies, equipment, construction, and services by sub - recipients, the conflict of interest provisions in (State LCA — 24 CFR 85.36 and Non - Profit Organizations — 24 CFR 84.4), OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Buy America requirements apply. Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. For questions regarding this project contact Edward Torres by e -mail at ETorres @BaldwinPark.com. Attachment 2 Barnes Park Improvements Site Plan Attachment 3 BARNES PARK City of Baldwin Park Play Area, Fitness Zone & Splash Pad Concept _HMSCH,% Assoc'ATES, INC, Preliminary Estimate of Probable Costs Option E September 6, 2013 SITE DEMOLITION QTY UNIT COST TOTAL I Site Demolition 1 LS $10,578.00 $ 10,578,00 2 SUBTOTAL $ 10,578.00 SITE GRADING QTY UNIT COST TOTAL 3 Fine Grading 8,435 SF $ 0.25 $ 2,1•8.75 4 Excavated & Compacted Backfill 50 CY $ 133.00 1$ 6,650.00 5 Soil Export 30 CY $ 6.QU 6 240,00 6SUBTOTAL $ 8,999,00 WET UTILITIES 7 4" VCP Sewer Line %a,,/ Clean -Guts and Backwater Valve 80 LF $ 60.00 $ 4,800,00 10 SUBTOTAL $ 4,800,00 SITE CONSTRUCTION QTY UNIT COST TOTAL 11 4" Thick integral Colored Concrete @ Spfashpad 1,281 SF $ 9.00 $ 11,529,0:0 12 12" Wide x 18" High Poured in Place Concrete Seat Wall at Splash Pad 23 LF $ 175.00 $ 4,025,0,0 13 Park. Benches 3 EA $ 690.00 $ 2,070.00 14 6" Wide x 8" High MCVV CUrb at Fitness Zone 77 LF $ 10.00 $ 770-00 15 3" Thick Decomposed Granite Surfacingwm� 4" Thick MiscellaneOLIS Base 1,600 SF $ 3.00 $ 4,800,00 17 12" Wide, x 8' High Mo,,,v Curb at Guardrail 55 LF $ 12.00 $ 660.00 18 42" High Steel' Guardrail -16-3 LF S 75.00 $ 12,225,00 19 42" High x 5' Wilde Steel Gate at Guardrail: 1 EA $ 1,000.00 $ 1,000,00 20 5" Thick Type I I Base for Play Areas 148 TON $ 22.00 $ 3,256..00 21' 50'50 Poured in Place Rubber Surfacing with Binder 6,322 SF $ 12.00 $ 75,864,00 22 Greenfel'ds Exercise Equipment I LS $ 44,067.00 $ 44,067,00 23 Exercise Equipment Signage Kiosk 1 LS $ 3,922.00 $ 3,922,00 24 4 Spl:ashpad Play Features and Vortex Water Containment/Treatment System I LS $ 285,000.00 $ 265,000,00 2 5 -75 126 6 Site Electrical (Conduit, Pull Boxes, Wiring, & Ccaa�aectic�n SUBTOTAL, 1, LS $ 14,906.00 $ 141906.00 , $ 464,094.00 IRRIGATION QTY UNIT COST TOTAL 217 Autornatic Irrigation System Retrofit 11,600 SF $ 1.25 $ 2,000..00 28 SUBTOTAL $ 21000'r0'0' 29 30, LANDSCAPE -- QTY UNIT COST TOTAL 31 32 Soil Preparation and Fine Grading Sod Replacement at Damaged Areas (due to construction, activity) 914 9114 SF SF $ 0,25 $ 0.60 $ 228-50 $ 548,40 33 30 Day Plant Establishment Period 914 SF $ 0.0 $ 18.28 34 60 Day Landscape Maintenance 914 SF $ 0.04 $ 36,56 35 SUBTOTAL $ 832,00 ADD ALTERNATE ITEMS COST TOTAL Picnic Area Add Alternate Items --Troup 136 Site Demolition 1 LS $ 13,954,50 $ 13,954,50 37 Fine Grading 5,943 SF $ 0,25 $ 1,485.75 38 4" Thick Natural ire y Concrete 2,830 SF $ 7,00 $ 19,610.00 39 Shade Shelter 1 LS $ 34,270,00 $ 34,270.00 40 6' Benches 4 EA $ 690,00 $ 2,760,00 41 8' Picnic Tables 8 EA $ 1,200.00 $ 9,600.00 42 42" High Decorative Guardrail 138 LF $ 7100 $ 9.936.00 43 Automatic Irrigation System Retrofit 5,943 SF $ 1.25 $ 7.428.75 44 Soil Preparation and Fine Grading 2,670 SF $ 0.25 $ 667.50 45 24" Box Trees 14 EA $ 300.00 $ 4,200.00 46 Sod Replacement at Damaged Areas (due to construction activity) 2,605 SF $ 0,60 $ 1,563.00 47 Sl rubs and Groundcover Allowance 508 SF 4,00 $ 2,032.00 48 3" Thick Bark Mulch 508 SF $ 0,25 $ 127,00 49: 30 Day Plant Establishment Period 3,113 SF $ 0.02 $ 62.26 00 I -to Day 'Landscape Maintenance 3 1 13 SF $ 0.04 124.02 511 Electrical to Shade Structure 1 1 LS $ 4,400.00 $ 4,400.00 52 SUBTOTAL $ 112,421.00 Misc. Add Alternate Items 53 Relocate and Install Existing Shade Structure I $ 10,000,00 $ 10,000.00 54 Shade Structure 1 _LS. ELI $ 49,000,00 $ 49,000.00 56 SUBTOTAL $ 59,000.00 ITEMS ADDRESSED TO MEET ADA REGUIATIONS SITE DEMOLITION (ADAI 57!Site Demolition 1 LS $7,569.00 $ 7,569.00 58, SUBTOTAL $ 7,569.00 SITE GRADING (ADA) UNIT COST TOTAL 59 Site Grading _QTY 103 CY $ 20.00 $ 2,060.00 60 SUBTOTAL $ 2,060.00 SITE CONSTRUCTION ADA 61: 4 " Thick Concrete Waik 3,4402 SF $ 7.00 $ 231814.00 622 Reset Existing Rag Poles to New Grade 4 EA $ 2,730.00 $ 10,920_00 673, SUBTOTAL $ 34.734.00 IRRIGATION (ADA J QTY UIVIT COST TOTAL. 64 Automatic Irrigation System Retrofit 1,084 SF $ 1.25 $ 1355.0.0 65 SUBTOTAL $ 1,355,00, LANDSCAPE (ADA l OTY UIVIT COST TOTAL 66 Soil Preparation and'; Fine Grading 1,084 SF $ 0,25 $ 271.0,0 67.24 "" Box Trees 6 EA 300.00 $ 1.800.010 E2 Shrubs and GrOUndcover Ailawance 1,084 SF _$ $ 4.00 $ 4,336.00 69 3" Thick Bark Mulch 1,084 SF $ 0.25 $ 271,00 70 30 Day Plant Establishment Period 11,084 SF $ 0.02. $ 21.•8 71 60 Day Laind,5cape Maintenance 1,054 $F $ 0,04 $ 43,,3e 72 SU2TOTAL $ 6,743,00 73 TOTAL ADA IMPROVEMENTS $ 52461.00 74 PROJECT SUBTOTAL $ 715,185.0,0 7• Construction Contingency $ 35,75915 76. General Conditions to Construction Contract LS $ 35,450.90 of the Park 77 GRAND TOTAL $ 786,394.25 ME F11 BALDWIN P ' A ' R' K CITY OF BALDWIN PARK TO: FROM: DATE: SUBJECT: CITY COUNCIL AGENDA STAFF PO • DEC 1 8 pop ITEM N0. This report recommends the adoption of Resolution No. 2013 -039 Establishing A Green Streets Policy to meet the requirements of the current Municipal Separate Storm Sewer System (MS4) Permit (Order No. R- 2012 -0175) adopted by the California Regional Water Quality Control Board, Los Angeles Region (RWQCB). �r7Z�I�P►f 7 The MS4 Permit requires Permittees electing to prepare an Enhanced Watershed Management Program to demonstrate that there are green streets policies in place and /or commence development of a policy that specifies the use of green street strategies for transportation corridors. The MS4 Permit does not strictly define a green streets policy, however it does include a reference to the USEPA guidance document "Managing Wet Weather with Green Infrastructure: Green Streets" as follows: "Street and road construction of 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weatherwith Green Infrastructure: Green Streets (December 2008 EPA - 833 -F -08 -009) to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects." In the absence of specific guidance for green streets policies from the RWQCB, staff recommends that the City adopt the County of Los Angeles Green Streets Manual. DISCUSSION i in rAw stormwater close to its source. Urban Resolution Establishing Green Streets Policy December 17, 2013 streets." Green streets provide source controls for stormwater runoff and pollutant loads. In addition, green infrastructure approaches complement street facility upgrades, street aesthetic improvements, and urban tree canopy efforts that also make use of the right-of- way and allow it to achieve multiple goals and benefits. Green streets are beneficial for new road construction and for retrofitting existing roads. Green streets can provide substantial economic benefits when used in transportation applications. Coordinating green infrastructure installation with broader transportation improvements can reduce the cost of stormwater management by including it within larger infrastructure improvements. A large municipal concern regarding green infrastructure use is maintenance access; using roads and right-of-ways as locations for green infrastructure not only addresses a significant pollutant source, but also alleviates access and maintenance concerns by using public space. Green streets can incorporate a wide variety of design elements including street trees, permeable pavements, bio-retention, and swales. Although the design and appearance of green streets will vary, the functional goals are the same; provide source control of stormwater, limit its transport and pollutant conveyance to the collection system, restore pre-development hydrology to the maximum extent practicable, and provide environmentally enhanced roads. Successful application of green techniques will encourage soil and vegetation contact and infiltration and retention of stormwater. FISCAL IMPACT There is no foreseeable impact to the General Fund. Green streets projects would be incorporated into future capital street improvement projects where practical. Capital street improvement projects are typically funded with restricted funds and not General Funds. RECOMMENDATION It is recommended the City Council introduce resolution No. 2013-039 by reading its title only and waive further reading. Attachment: V' RESOLUTION NO. 2013-039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A GREEN STREETS POLICY" i RESOLUTION OF • • STREETS POLICY WHEREAS, The Municipal Separate Storm Sewer System (II Permit (Order No. R- 2012 -0175) was adopted by the California Regional Water Quality Control Board, Los Angeles Region on November 8, 2012. Municipalities electing to prepare a Watershed Management Program or an Enhanced Watershed Management Program under this Permit are required to demonstrate that Green Street policies are in place that specify the use of green street strategies for transportation corridors. WHEREAS Green Streets are enhancements to street and road projects to Improve the quality of storm water and urban runoff through the implementation of infiltration, bio- treatment, xeriscaping parkways and tree lined streets. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City Council of the City of Baldwin Park, California, hereby directs the Director of Public Works/ City Engineer to implement Green Streets for transportation corridors as described in the County of Los Angeles Green Streets Manual attached hereto. Routine maintenance including but not limited to: slurry seals, grind and overlay and reconstruction to maintain original line are grade are excluded from the Green Streets Policy. PASSED, APPROVED, AND ADOPTED this 18th day of December 2013. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES �( SS: CITY OF BALDWIN PARK _J I, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013 -039 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 20, 2013 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK I tp:, 14 SUBJECT: AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO YY`EST COAST ARBORIST NPEMM It is requested that the City Council award a one -year contract to West Coat Arborist, Inc. for Citywide Tree Trimming Services in the amount not to exceed $95,000, with four optional one -year renewal extensions. BACKGROUND A well maintained urban forest contributes significant social, neighborhood, environmental and economic benefits to the community. Trees play an important role in creating safer, more livable neighborhoods, establishing community image, improving air quality and increasing property values. The City of Baldwin Park is recognized by the Arbor Day Foundation as a Tree City, USA, and has an urban forest of more than 9,000 street trees. Historically, tree trimming has been done in -house by staff, and over the past decade has been supplemented by West Coast Arborist on an as- needed basis. Reductions in Public Works staff and equipment have diminished the City's ability to perform this work in a timely manner. This contract will ensure the proper maintenance and preservation of established trees that are essential to the continued health of the urban forest and the safety of the public through regular systematic tree trimming. Under this contract and future extensions, every street tree in the City will be pruned every four to five years. This contract will also update the tree inventory system which has not been updated for over ten -years and establish a grid pruning program. Award of Contract for Citywide Tree Trimming December 18, 2013 DISCUSSION Page 2 of 3 The work being performed under this contract will augment and complement the work being performed by the City's Tree Crew. The Requests for Proposals (RFP) was advertised beginning on October 10, 2013 with a proposal submission deadline of October 23, 2013. Three proposals were received, reviewed, and evaluated by a staff. The following table lists the firms that submitted proposals, and their ranking. Under the proposed contract, West Coast Arborist will trim approximately 200 trees a month regardless of size at a cost of $37 per tree. In addition the following optional services are also being offered under this contract: Street Tree Aesthetic Trimming Palm Tree Trimming Tree and Stump Removal (hourly) Emergency Work on an as needed basis Call Out Three (3) man crew 24hrs response (hourly) Additional service provided at No Cost To City ❑ Conduct a complete GPS street and park tree inventory ❑ Provide web based tree inventory program ❑ Keep System Current and Accurate ❑ Pictures or Video of "before" and "after" trimming when requested by City ❑ Update current Tree Master Plan FISCAL IMPACT The proposed annual contract for Tree Trimming Services is $95,000. $60,000 will come from the Landscaping and Lighting Assessment District revenues, and the remaining $35,000 will come from Measure R funds. No General Fund money will be used to pay for this contract Award of Contract for Citywide Tree Trimming Page 3 of 3 December 18, 2013 RECOMMENDATION Staff recommends that the City Council: Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of $95,000; and 2. Authorize the Mayor to execute the attached agreement,,, ATTACHMENTS 1. Proof of State Contractor's License �. %. Services I �yiccii�ci�L MENT OF CONSUMER AFFAIRS 6ontractor's State License Board Contractor's i it License # 366764 el DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw (BP 712406) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per kP 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to com ply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Issue Date Expire Date License Status 366764 WEST COAST ARBORISTS INC Business Phone Number: (714) 991 -1900 2200 E V IA BURTON STREET ANAHEIM, CA 92806 12/13/1978 12/31/2014 Extract Date 12/12/2013 This license is current and active. All information below should be reviewed. =G RI. l ?m Classifications D49 TREE SERVICE C27 LANDSCAPING .'r = This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC685555 Bond Amount: $12,500 Effective Date: 03/02/2009 Contractor's Bondj:istory OP QU � ,IF I w Bonding 1. The Responsible Managing Officer (RMO) MAHONEY PATRICK O'MALLEY certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. Abond of qualifying individual is not required. Effective Date: 01 /01 /1980 2. The Responsible Managing Officer (RMO) EPPERSON ROSE MARIE certified that he /she owns 10 percentor more of the voting stock/equityofthe corporation. A bond of qualifying individual is not required. Effective Date: 06/01/1992 This license has workers compensation insurance with LIBERTY MUTUAL INSURANCE COMPANY Workers' Compensation Policy Number: WA266D039499073 Effective Date: 07/01/2012 Expire Date: 07/01/2014 Workers' CorEpens ation Hi toj Personnel listed on this license (current or disassociated) are listed on other licenses. ondifion , of tJ ( fjri \qcy-Pohcy Copyright © 2010 State of California SERVICES AGREEMENT THIS AGREEMENT is made and entered into this - 18 th day of December, 2013 by and between the City of Baldwin Park, ( "City "), and West Coast Arborists Inc. ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as "Technical Specifications ". 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Schedule of Compensation, in an amount not to exceed $95,000 in the current City Fiscal Year. 3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this Agreement. This is an annual contract with up to four one -year extensions upon mutual agreement of the parties. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform with Consultant Services Agreement — West Coast Arborists, Inc. such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, hold harmless, and defend City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and /or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity to the proportionate extent arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) the City, and its officials, officers, agents and employees are named as additional insured and Worker's Compensation); (2) the coverage provided shall be primary and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self - insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. Consultant Services Agreement — West Coast Arborists, Inc. (F) With respect to Workers' Compensation |nounanu*' the insurer shall agree to waive all rights of subrogation against Qty and City personnel for losses arising from work performed by Consultant for {}ity, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11, OWNERSHIP OF DOCUMENTS, All of the documents required to be prepared pursuant hereto sha||, upon the completion thoronf, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, cornputations, p|ons, correspondence and/or other pertinent data, information, documents, and computer medio, including disks and other materials gathered or prepared by Consultant in performance of this Agreement, Such work product shall be transmitted to City within ten (10) days after written requantthonak)re, Consultant may retain copien ofeuoh prVducts, 12, RE COR DS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters oVvnn*d under this Agreement. City ohm|| have free access at all reasonable times to such reoords, and the right to examine and audit the same and to make transcripts there fronn, and to inspect all prng[orn data, donurnente, proceedings and activities. Consultant shall maintain an up-to-date list ofkey personnel and telephone numbers for emergency contact after normal business hours. 11 TAXPAYER IDENTIFICATION NUMBER. Consultant mhm|| provide City with a complete Request for Taxpayer Identification Number and Certificedmn, Form VV-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST, Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable fedara|, state and county |uwo and regulations governing conflict of interest, 15. Consultant may not conduct any motivity, including any payment to any pernon, officor, or employee of any governmental agency orbody or member ofCongress in connection with the awarding of any federal contract, grant. |oan, intended to influence |egie|ation, administrative ru|ennaking or the election of candidates for public office during time compensated under the representation that such activity io being performed aea part of this Agreement. 18, RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion. with thirty (3O) days written notice. 17. EFFECT OF TERMINATION, Upon termination as stated in Paragraph ''16^ of this Aoneennent. City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Aoreement, unless the termination is for cause, in which event Consultant need be compensated only tothe extent required by |nvv, Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B^ attached hereto, Such payment will be subject to City's receipt of close-out billing. 18, LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenseo, including reasonable attorney's Consultant Services Agreement — West Coast /\[bVhst3. Inc. fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith, "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall bein the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual oett|emont, mrbitration, or mediation ofthe dispute. 19. COVENANTS AND CONDITIONS. Each tonn and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20 This Agreement represents the entire Agreement bebween the City and Consultant. No verbal agreement or implied covenant shall be held tn vary the provisions of this agreernont. This Agreement shall bind and inure to the benefit ofthe parties {o this Agreement, and any subsequent successors and assigns. 20 , This Agreement may not be modified, nor may any of the terme, provisions or conditions be modified or waived or otherwise affected. except hya written amendment signed by all parties. 21 The Consultant Representative (A) designated below shall be responsible for job perfVrmonce, negotiationa, contractual nnattors, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf ae Project Monoger. (A) CONSULTANT West Coast Arborists, Inc.. 2200E. Via Burton Street Anaheim, CA 92806 (3) Daniel Wall, P.E. Director ufPublic Works City of Baldwin Park 144O3 East Pacific Avenue Baldwin Park, CAS17O0 22. NOTICES, Notices pursuant to this Agreement oheU be in writing and may be given by personal delivery or by mail, Notices shall be directed to City's Designated Representative identified in Paragraph "21^of this Agreement. Consultant shall send o copy of all notices to the City Attorney. City Attorney: Joseph Pannone /A|eohire &VVvnder. LLP Continental Park Terrace 23G1RosecranaAvenue, Suite 475 B Segundo, C/\ 90245-4910 (310) 527-6663 SAFETY. Neither the professional activities of consultant, nor the presence of Consultant's employees or sub-consultants at the construction/project site(s), shall relieve the General Consultant ServiceSAgreement — West Coast /rbOrists'Inc. Contractor(s) of their ob|igadions, duties and responsibilities inc|uding, but not limited ho, construction meone, nlethods, uequnnoe, techniques or procedures necessary for perfonning, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. IN VV|TNE88 VVHEREDF, the parties have executed this Agreement on the day first above ATTEST: City Clerk CITY OF BALDWIN PARK Manuel Lozano, Mayor Dated: CONSULTANT: FIRM NAME Name: Dated: Title: Address: Telephone:. Consultant Services Agreement — West Coast Arborists, Inc. Scope of Services City of Baldwin Park Technical Specifications The intent of this document is to solicit proposals from highly trained and qualified contractors 44-1, ;- Tv�� Tr�rnm;na Q,,�-rvit-pz Thp. City iq Inn-L-i-no, for flit-. ronst responsive and responsible contractor that will be committed to provide the best level of service in maintaining the City's trees. Through a competitive qualification and bid based procurement process, the City of Baldwin Park intends to enter into an agreement with a qualified contractor for Tree Trinuning Services. The contractor will be expected to use its own equipment, tools, traffic control and manpower to trim the City's trees. The contractor will also be responsible for material disposal. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and/or make and model of all components when not exactly as specified- State "As Specified" if item is exactly as set forth in the left-hand column, CATEGORY I ACCEPTABLE I AS I I SPECIFIED 11MMI MR A. Street trimming Acceptable B. Street tree aesthetic trimming C. Tree and stump removal (hourly basis) IN For clarification, street tree trimming is raising the skirt and removing any hazardous limbs. Aesthetic trimming is raising the skirt, removing all dead or dying limbs, thinning, shaping, and crown reduction as needed. Please provide a cost breakdown for each section that serviced in categories All trees assimed for trimming in any given month should be Acceptab trimmed in thirty (30) working days or less. i General Services will not include emergency service calls. The trimming will be request-driven and trees will vary in size according to the request. We have mature trees and developing trees and the best way to get a feel for the size of trees is to dive different areas of the City and look at the trees. Approximately 200 trees will be assigned for trimming each month. U The Contractor shall meet with the City representative on Mondays between 9:30 a.m. and 10:00 a,m, in the City Yard office for the purpose of reviewing the week's work, receiving special instructions, and discussing any problems encountered Acceptable on the job. A list of the City trees that need work shall be given to the Contractor monthly, or more frequently if deemed necessary. The City will. provide maps and location of trees requiring maintenance. 10 R-Rig Three (3) men including all necessary equipment/disposal fees included and zero material markup. Emergency response should be within 24 hours. A cost per hour;:i Acceptable per emergency shall also be proposed. This must include all manpower, equipment, tools, traffic control and disposal costs. The emergency call out includes travel time. IE Qualified personnel shall perform all services. The contractor represents that it, its employees and subcontractors have all licenses, including the State of California Contractors License, Acceptable License types (D-49, C-61, C-27). Permits, certifications, qualification and approvals of whatever nature that are legally required to perform the services, including a City business license, and that such license and approvals shall be maintained throughout the term of this contract. 6. SUBCONTRACTORS The contractor must disclose all subcontractors prior to being Acceptabl* awarded the bid. A. The contractor will provide all equipment and trained personnel to provide timely tree trimming services. Provide a feedback mechanism to keep the City informed As Specified on the status of each tree that is trimmed or completed work. The crew leader must be a certified Arborist. IN Provide a pricing proposal that is a fixed fee per tree. AlQ1 include a cost per inch of trunk diameter on complete tree a stump removals. I Prevailing wage must be paid for the term of this contra," Prevailing wage reports shall accompany all invoices. I The contractor shall be knowledgeable of matters pertaining to tree trimming services. The contractor must have a minimum of five (5) years experience in providing quality tree trimming services. All crewmembers performing trimming services must also have an Arborist license. The City of Baldwin Park desires a contractor that considers tree-trimming services a high priority. The contractor must turn in all dump and weight slips for waste disposal. IN FUWTS�# • WM=# T WiF.0131M Billing is to be by address and include tree species, caliper, variety (botanical and common), trim date, condition and Acceptable appropriate data acceptable to the Public Works Director, or his/her designee. The Operations and Maintenance Division maintains a database I of the existing trees in the City. The contractor will be Acceptable responsible for providing the City with information to keep the system current and accurate. The contractor is to supply, at no cost to the City, some representative pictures or video of "before" and "after" Acceptable trimming that are suitable for reproduction when requested by the City. 15. CONTRACT LENGTH The length of this contract shall be for one (1) year with four (4) one-year extensions at the City's option. Provide three (3) local government agencies and/or company's previous or current contact references that support your ability to provide Tree Trimming Services. E FAT CC- 0� = B. Should the contractor fail to correct any deficiencies within the stated time frame, the Public Works Director, or his/her designee, may exercise the following measures: 1. Deduct from the contractor's payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. 2. Withhold the entire or partial payment. 3. Terminate the contract, M M� M N--T--TnqT-= 1@7313, •. lllg%IE�� REQUEST FOR QUOTES: DESCRIPTION OF RFP: COMPANY NAME/ADDRESS NAME OF AUTHORIZED REPRESENTATIVE PRINT NAME TELEPHONE NO. FAX NO. A. GENERAL SERVICES 1. Cost per Street Tree Trimming 2. Cost per Palm Tree Trimming (714) 991-1900 (714) 991-1027 3. Cost per Inch of Trunk Diameter on Tree and Stump Removal *34* 17 FIRM FIXED PRICE $ 37.00 N11", I MI, Price Form (Continued) B. EMERGENCY WORK 1. Call Out Cost per Hour $ 60.00/ man hour (includes all manpower, equipment, tools, traffic control, disposal costs, and zero material markup) rolmoreffilm TOTAL: $153.00 Attach additional pages, if necessary, for other services not listed above. 10 0 DEC 1 8 CITY OF BALDWIN PARK ITEM N0. --7--STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Wall, Director of Public Work - DATE: December 18, 2013 SUBJECT: AWARD OF CONTRACT FOR THE STREET SIGNAGE AND IISNS REPLACMENT PROGRAM FY 2013 -2014 PURPOSE This report requests that the City Council award a construction contract for the replacement of street signs and internally illuminated street name signs to Aegis ITS, Inc in the amount of $68,428.79 BACKGROUND This project will replace faded, damaged, mismatched, and missing internally illuminated street name signs with highly reflective street name signs at signalized intersections. long term energy and maintenance savings. The new signs will have at minimum ten year life, will exceed the Manual on Uniform Traffic Control Devices (MUTCD) requirements for visibility and reflectivity, and will result in long term energy and maintenance savings. This project was advertised by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance with the City's procurement policy. DISCUSSION On November 21, 2013, five bids were received, opened, and declared publicly. A summary of the bids received is shown below. Award Contract for the Street Signage and IISNS Replacement Program FY 2013 -2014 Contractor Bid Amount 1. Aegis ITS, Inc Material $51,533.45; Labor $16,895.34; Total $68,428.79 2. PTM General Material $35,500.00; Labor $39,557.00; Total $75,057.00 3. Steiny and Co. Material $53,053.00; Labor $40,505.00; Total $93,558.00 4. Unique Performance Material $58,230.00; Labor $44,486.00; Total $102,706.00 5. Sign Excellence Material $124,383.34; Labor $16,895.34; Total $147,186.47 The lowest responsive bidder overall is Aegis ITS, Inc. Aegis ITS, Inc has recently completed similar improvements for the Cities of Santa Ana andLa Verne. This Contractor has a Contractors' Licenses in good standing with the State of California Contractors' Board (CLB). A background search including an Internet search shows no irregularities regarding this Contractor. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. Staff has obtained authorization to expend $110,000 of Measure R funds for this project. The following table summarizes the funds authorized for the project: RECOMMENDATION Staff recommends that the City Council: 1. Award Construction Contract(s) to AEGIS ITS, Inc; in an amount not to exceed $68,428.79; and 2. Authorize Staff an allowance of 10% for unforeseen change orders related to this project from Measure R. 3. Authorize the Mayor to execute the attached agreement. Award Contract for the Street Signage and IISNS Replacement Program FY 2013 -2014 ATTACHMENTS 1. Construction Contract / Agreement Attachment 1 STREET SIGNAGE AND IISNS REPLACMENT PROGRAM FY 2013 -2014 AGREEMENT THIS AGREEMENT, made and entered into this 18th day of December, 2013 by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and Aegis ITS, Inc "CONTRACTOR." WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree .. X- 11 .x...... as 1vnuws. 1. The complete Construction Contract / Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Street siqnage and IISNS Replacement Program FY 2013 -2014 (the "Work of Improvement ") all in accordance with the Contract Documents and CONTRACTOR'S Proposal dated November 21 2013 . CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman -like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement an amount not to exceed the stipulated sum of sixty eight thousand four hundred twenty eight and 79/100 dollars ($68,428.79) which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a Notice To Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within sixty — (60) - Calendar days (also specified in the CONTRACTOR'S Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and /or State rates of wages applicable to the Work of Improvement. CONTRACTOR understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. CONTRACTOR acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. |N WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. CONTRACTOR BY (Title) BY CITY {)FBALDVV|NPARK Manuel Lozano, MAYOR APPROVED ASTO FORM: Alejandra Avila, CITY CLERK CITY ATTORNEY EXHIBIT "A" STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013 -2014 IN THE CITY OF BALDWIN PARK Bidder's Proposal Specifications SECTION C. BIDDER'S PROPOSAL STREET SIGNAGE AND IISNS REPLACMENT PROGRAM FY 2013 -2014 To the best of the City's knowledge, Section C "BIDDER'S PROPOSAL," contains all the documents necessary for successful submission of a construction bid. CA BID SCHEDULE CITY OF BALDWIN PARK 14403 EAST PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder affirms familiarity with the work and certifies having EXAMINED THE PLANS, CONTRACT DOCUMENTS, AND PROJECT SITE, and hereby proposes to furnish all materials, equipment, tools, labor, transportation, services, taxes, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein, and to complete said wont within the time specified in the Agreement [Fifty (60) — Calendar days] after the commencement date stated in the Notice to Proceed. BID UNIT ITEM ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE IN WORDS PRICE IN TOTAL IN NO. NUMBERS NUMBERS GENERAL 1 Mobilization, includes Bonds, Insurance, acquisition of 1 LS $ $ $ permits, business License, traffic control MATERIAL 2 Pole Street Name Sign 4 EA $ i /� $ 18 X18" with Hardware `r fG� Je` i 3 Overhead Street Name Sign 68 EA $ lam' r€ �F 72"X18' with Hardware k-fd r 4 Overhead Street Name Sign 84'X 18n with Hardware 8 EA $ Alp4aeD ry 1.5w $ ( rc rN 5 Overhead Street Name Sign 96" X 18" with Hardware 19 EA $ � y° 7 $ 2,03 / r 0� C.2 BID ITEM NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE IN WORDS UNIT PRICE IN NUMBERS ITEM TOTAL IN NUMBERS LABOR AND EQUIPMENT 6 Labor, Equipment and Traffic Control to Remove Existing and Install New Signs 99 EA / $ 1 ' ° A. MATERIAL (2 thru 5) =$ 1, B. LABOR AND EQUIPMENT(6) and MOBILIZATION (1) =$ C. TOTAL BASE BID (SUM OF A. and B.)= $_ - In case of a discrepancy in a bid item, unit prices shall govern over extended amounts, and words shall govern over unit prices. The City reserves the right to award a contract to the lowest responsive responsible Bidder for "A. Material (2 thru 5)" and/or to award a contract for "B. Labor and Equipment (6) with Mobilization (1)" or a Contract for "C. Total Base Bid "(A +B), as the project budget allows. The undersigned bidder acknowledges receipt of the following addendum issued for the above project. If no addendum has been received, write "none ". i 1 1,- t 4Z ta The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work to be performed. The bidder also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. C.3 It is understood and agreed that: (1) No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal. (2) The City will not be responsible for any errors or omissions on the part of the undersigned in making up his bid, nor will bidders be released on account of errors. (3) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought, by collusion, to secure for himself an advantage over any other bidder. CA OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF-L-OS-A-NttTES 0r0-4ge,) SS! CITY OF- K kalt&.r�) /Uk �UJt&4-11, being duly sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co- partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co- partnership. Q CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, that the bidder has not colluded, conspired, connived, or agreed, directly or indirectly with any other bidder or person to put in a sham bid or to refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Baldwin Park or any person interested in the proposed contract for hjatse# or any other person. 7) f -- Signature oT tsiaaer Subscribed and sworn to before me this —111tC— day of '/Oye -%6e' 20/, �lkz,el. R zul-�_ Sign ture of officer Administering Oath (Notary Public) LESLIE CLEVELAND Commission 1969117 C.5 z , Notary Public - California z z Orange County My Comm. Expires Mar 8, 2016 f DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one -half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows: Name, address, and phone number of subcontractors, suppliers, and vendors Name portion of work, materials, and /or equipment Contractor's License No. Dollar Value of Sub - Contract % of Total Bid Amount 4 ®/0 4i OIO % V % % % P % Total C.7 REFERENCES The bidder isnequired to state what work of a similar character to that included in the proposed contract he has successfully performed and give references which will enable the City Council to judge of his responsibility, expehenca. skill and business and financial standing. Minimum 3 references shall be provided. Additional numbered pages outlining this portion of the proposal may ba attached to this page. Reference I Project Narne: Year Completed: of, J ot 1\1 C3 Reference Name: VRA-J vu Title: 5,AP-�Jisca- NON - COLLUSION AFFIDAVIT STREET SIGNAGE AND IISNS REPLACMENT PROGRAM FY 2013 -2014 To Be Executed By Each Bidder Of A Principal Contract STATE OF CALIFORNIA ) COUNTY O . -S ) tL�/- �uy-'t& being first duly sworn deposes and says that he is the C�oe�Y�. =f.�i5 �l'l�rt/��f {sole owner, a partner, president, etC) of or,i ra �,�ir ih .+ tom' +k- . rrt a i °c pa, .y manii eg a is foregoing bid; that such bid i not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed: Title Subscribed and sworn to and before me this day of WO'VeW21e-P 20 Seal ot Notary LESLIE CLEVELAND ` Commission # 1969117 Notary Public - California a Z' Orange County MY Comm. Expires Mar 6, 2016 j C.9 •II Addendum No. 1 STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013 -2014 t November 5, 2013 The following changes to the Bid and Contract Documents shall apply to proposals made for this project. All other conditions shall remain the same. This Addendum consists of this page only. CHANGES TO THE BID AND CONTRACT DOCUMENTS - Replace section 9. of the Agreement on Page D.2 with the following: 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least twenty -five percent of the final contract .price. Approved by: .. F 1i :-.r avid Lopez, III c.,i y o a win a Associate Engineer IW:,Il A A V 1:1914 11ONTA I f i Funding Provided by Prop C and Measure R Bids open on Thursday, November 21, 2013, at 11:00 A.M. Prepared by: City of Baldwin Park Public Works Department David Lopez Associate Engineer TABLE OF CONTENTS / � DESCRIPTION SECTION NOTICE INVITING SEALED BIDS ........ .................. ........... _____________________/\ | INSTRUCTIONS TO BIDDERS ... ............. ........... --........ ...... -----------------�B Information for Bidders BIDDER'S PROPOSAL ......... .................... --........... ................ -----------------C Bid Schedule Ownership Affidavit | RHBond � Designation of Subcontractors References (Technical Ability and Experience) Non-Collusion Affidavit (City Standard Form) C[)NTRACT'................ ..'....'............. —.......�'�.��'��.'�� Agreement Performance Bond | Material and Labor Bond ! Worker's Compensation Certificate | Warranty Performance and Payment Bond SPECIFICATIONS.......... --................. .......... ...... ....... '--'�------'�-----------.E Special Provisions Technical Provisions APPENDIX |— PROP C AND MEASURE R PROJECT REQUIREMENTS APPENDIX I] - LOCATION MAPS AND PLANS I SECTION A. NOTICE INVITING SEALED BIDS STREET SNGNAGEAND 11SNS i REPLACMENT PROGRAM FY 2013-2014 PUBLIC NOTICE |G HEREBY GIVEN that the City ofBALBVVN PARK, invites sealed bids for the above stated project and will receive such bids at our Public Works Dept oounter, at 14403 East Pacific Avenue. 2"« floor, Baldwin Park, CA 81706 up to the hour of 11:00 a.m. on November 21.2O13.mt which time they will be publicly opened. Copies of the Bid and Contract Documents are available from the City of Baldwin Park, Public Works Departnlent, 14403 East Pacific Avenue, Baldwin Park, CA 81706. Bid Documents will be provided free of charge at the Public Works counter and they are dovvn|oadab|a from the Citv'avvebsite. The City will not mail the Bid and Contract Documents. The work involves (A) removing existing Internally Illuminated Street Name Signs (I|8NS) at twenty-six intersections and installing ninety-nine 2012 California N1.U.T.C,D. compliant Highly Reflective Diamond Grade Street Name Signs (RSNS) in their place. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Bidder's Proposal. The descriptions of bid denna are defined in the Technical Provisions, SPECIAL NOTICE Contractor shall possess a valid California Contractor License Class 7\ License mt the time contract is avvanded, and any subcontractor shall be licensed for the daooUhoabon of work to be performed. A C-10 Electrical, C-45 Electrical Signs, and C-81 Limited Specialty License are acceptable. The Contractor shall also obtain a City business license, This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. The City of Baldwin Park hanybv notifies all bidders that in any contract entered into pursuant to this edverhe8m8nt, minority and woman owned business enterprises must be afforded full opportunity to submit bids in response to this invitation and must not be discriminated against on the grounds of race, oo|nr, gender or national ohgin in consideration for an award. This is o locally funded project and California State Labor Standards will be enforced, A contractor working on o locally assisted project must be eligible to participate in the evvmrd of that contract. The contractor shall adopt the current general prevailing State rates of wages applicable to the work to be done. For questions regarding this project e-mail David Lopez, /\aondata Enoineor, at SECTION B. INSTRUCTIONS TO BIDDERS STREET SIGNAGE AND 11SNS REPLACEMENT PROGRAM FY 2013-2014 PROPOSALFORMS Bids shall be submitted in writing on the Proposal forms provided by the City. The following forms must be completed and submitted with the Contractor's Bid Proposal or the bid may be considered non-responsive- STANDARD FORMS 1. Bid Schedule 2. Ownership Affidavit 1 Bid Bond 4. Designation of Subcontractors 5, References (Technical Ability and Experience) 6. Non-Collusion Affidavit (City Standard Form) The above proposal forms are found in: SECTION C. BIDDER'S PROPOSAL of these Contract Documents. All information requested therein must be clearly and legibly set forth in the manner and form indicated, The City will not consider any proposal not meeting these requirements. The remaining information in this SECTION B. INSTRUCTIONS TO BIDDERS provides additional information regarding the bid opening, bid analysis, and contract award actions by the City. This is a locally funded project and California State Labor Standards, will be enforced. A contractor working on a locally assisted project must be eligible to participate in the award of that contract. The contractor shall adopt the current general prevailing State rates of wages applicable to the work to be done. 13.1 This scope mfwork provides for the supply and delivery of2O12 Calif. WY.UT.C.D. compliant Highly Rmtrorefuctive Diamond Grade Street Name Signs (R8NE), complete with necessary handware, all in accordance with and described in the Contract Provisions and Plans. The work also involves UQ removing existing Internally Illuminated Street Name Signs (IiSN8) and installing RSNG in their place. GENERAL Each proposal must be submitted on the blank forms furnished herewith, and must be presented in a sealed envelope and filed prior to the time and date, and at the place designated in the Notice Inviting Bids The proposal hznns must be completely mode out in the manner and form indicated therein, clearly and legibly showing the proposed unit prices in both words and nurnbers, the extended item totals in numbers, the total bid in both words and nunnbero, and must be property signed bythe bidder. The bidder's addnass, telephone number and State Contractor's License number must be included. The City Council reserves the right to reject any bid if all the above information is not furnished. To be eligible to perform work, the bidder must be a Licensed California State Contractor in good standing prior tobeoinningvvodc OPENING OF BIDS All bid proposals submitted as prescribed inthe Notice Inviting Bids will be publicly opened and read immediately after the time set and at the place designated in the Notice Inviting Bids. BID QUOTES AND UNIT PRICE EXTENSIONS The unit prices and the lump sum prices quoted bvthe bidder must be entered in words and numbers in the spaces provided on the Contractor's Bid Proposal form. In case there is a discrepancy between a unit price as stated inwords and unit price aastated in nurnbara, in general, the unit price as stated in words shall govern. However, the City reserves the right to use the extended price to determine the bidder's intention. Sinni|mdy, in case there is a discrepancy between the sum total of the extended prices and the total amount bid, unit prices in both vvnrde and numbers shall be used to verify extended pricing and the total amount bid. The results shall be considered as representing the bidder's intantinn, and the bid total shall be corrected. ' If a Contractor's Bid Proposal contains discrepancies that make it difficult or impossible to determine the bidders hntentkon, then such bid may be considered unnaspoDsiva, in which case the bid may be dionegarded, and bid guarantees returned without further consideration of awarding a contract for the proposed work. ALTERNATE PROPOSALS The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination. The cOFdnao± shall be awarded to the |uvmast responsive bidder based on the award. AN ROP0SALGUARANTEE Bids shall beaccompanied by cash, a certified or cashiers check, oran acceptable bidder's bond for an amount not less than ban percent (10%) of the bid, made payable to the City of Baldwin Park. Said check or bond shall be given as a guarantee that the bidder will enter into a contract if avvon1ed the vvork, and in case of refusal or failure to enter into said cVntract, the check Vr bond shall be forfeited (o the City. WITHDRAWAL OF PROPOSALS A proposal may te withdrawn bva written request signed bvthebidde Such requests must Le delivered to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after the bid opening hour stipulated in the Notice Inviting Bids without forfeiture of the proposal guarantee. After such time, a bidder may not withdraw its bid until after 'the expiration of sixty (60` days The vvithdrovvml of m proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so IRREGULAR PROPOSALS Unauthorized conditions, Unnitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without intedineatmna. m|terationo, or erasures. SIGNATURE OF CONTRACTOR a. Corporation - Any bids submitted by a corporation must include the name of the corporadion, and must be signed by the President and Secretary or Assistant Georetary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to dnooionnfile in the City Clerk's Office. b. Partnerships ' Any bids submitted by a partnership must contain the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of certified copy of certificate of partnership acknowledging the signer to be e general partner is presented tn the City Clerk. c. Joint Ventures -Any bids submitted by o joint venture must so state that and must be signed by each joint venturer. d, Individuals -Any bids submitted by an individual must be signed by that individual unless an up-to-date power of attorney is on file in the City Clerk's Office, in which case the person indicated in the power of attorney may sign for the individual. The above rules also apply inthe case of a fictitious firm name. |n addition, however, where the fictitious name is used, it must be so indicated where the signature appears. EXAMINATION OF PLANS, CONTRACT DOCUMENTS, AND PROJECT SITE The Plans' if any, and Contract Documents are on file and available for inspection in the office of the City Engineer. The Bidders are required to carefully examine the she. Plans, and Contract Documents. The Bidder shall be satisfied as to the character, quality, and quantities of 13.3 work tobe performed, materials toba furnished, and asto the requirements mf the proposed Bidders shall not, at any time after submission of the bid, diapute, complain, or assert that there was any misunderstanding in regard to the nsduna or amount nf work to be done. It is mutually agreed that the submission of a Contractor's Bid Proposal shall be prima facie evidence that the Bidder has nnedo such examination and is satisfied as to the conditions to be encountered in performing the vvork, and as to the requirements of the proposed Plans and Contract Documents, INTERPRETATION OF PLANS AND DOCUMENTS If any person or contractor contemplating submitting o bid for the proposed work is in doubt as to the true meaning of any pert of the P!ans. Specification, or Contract [}ocurnentm, or other proposed docunnemte, or finds discrepancies in, or omissions from the drawings or specdlcotions, u written request may be submitted to the City Engineer for all interpretations or corrections thereof. The person submitting the request will be responsible for its prompt delivery. Requests for interpretation must be received at least five (S) days prior to the bid opening date, Any interpretation or correction of the proposed documents will be made only by an /\ddendurn, and a copy of such will be mailed or delivered to each person or contractor on the plan-holders list in receipt ufa set of such documents. The City of Baldwin Park will not be responsible for any other explanations or interpretations or any on*| interpretation of the meaning of the P}unn` Specification, or Contract Documents. Telephone communications with City staff are not encouraged, but are permitted. However, any such oral communication shall not bo binding on the City. INTENT OF CONTRACT DOCUMENTS The Contract Documents including any apeoificatiVna, p|ans, and drawings thereof are intended to complement each other so that any work exhibited in ehher, whether inthe other or not, is to be furnished according to the true intent and meaning, as if shown or required by all the documents including the speoifinations, p|ans, and drawings. In the event there is conflict between Contract Documents, the Specifications establish the precedence of documents. ADDENDA Any addenda issued during the time of bidding, or for preparation of bids, shall be made o port of the Contract Documents. MODIFICATIONS AFTER BID OPENING A modification which is received from an otherwise successful bidder and which makes the terms of the bid more favorable to the City will beconsidered at any time it is received and may thereafter be accepted. The City reserves the right to reject any and all modifications after bids have been opened. Within ten (10) days after the award of the contract, the City of Baldwin Park will return the proposal guaranties, other than Bid Bonds, except any guaranties that have been forfeited. AWARD OF CONTRACT The award of the contract, if it is awarded, will be to the lowest responsive bidder complying with the Notice Inviting Bids, Instructions to Bidders, and the Information for Bidders. The City reserves the right to reject any or all proposals, to waive technical errors or discrepancies, to waive any informality or to waive non- substantial irregularities in the bids, and to take the bids under advisement for a period of 90 days, as may be required to provide for the best interests of the City. In the case of combined bids, alternate bids, additive bids, or deductive bids, the City may specify the basis of determining the lowest responsive bidder in the Contractor's Bid Proposal. The City, however, reserves the right to choose which alternate, additive, or deductive bid will be awarded based on the available funding the City has. The City also reserves the right to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations. Before award, the Bidder may be required to furnish evidence of adequate capability, equipment, and financial resources to perform the job. Bidders found not qualified may have their bids considered unresponsive and the proposals rejected. If the City Council finds that reasonable cause exists to believe collusion exists among Bidders, or that bid prices are unbalanced between bid items, any or all proposal may be rejected. EXECUTION OF CONTRACT The Contract Agreement is included in the CONTRACT section of these Contract Documents. These documents should be carefully examined by the Bidder. The contract shall be signed by the successful Bidder, in duplicate, and returned, together with the contract bonds and insurance within ten (10) calendar days of receipt of these documents from the City. No contract shall be binding upon the City until it has been completely executed by the Contractor, approved by the City Attorney, and executed by the City. Failure to execute a contract and file acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of contract award and the forfeiture of the proposal guarantee. The City will file the Contract Agreement, together with the required certificates and bonds, with the City Clerk after complete execution. BONDS AND INSURANCE The successful bidder, simultaneously with the execution of the Contract Agreement, will be required to furnish certificates evidencing that the required worker's compensation and liability insurance is in effect, as well as the faithful performance bond and the payment bond. Said bonds shall be in the form and based upon conditions in Section 2 -4 of the Specifications. A faithful performance bond in an amount equal to one hundred (100) percent of the contract price shall be furnished as security for completion of this contract, and a separate payment bond in an amount equal to one hundred (100) percent of the contract price shall be furnished as security for payment of all persons performing labor and furnishing materials in connection with this M contract. The Bond Forms that are required are included in the CONTRACT section of these k i� Contract Documents. Copies will befurnished to prospective bidders upon request. |, .' ' Prior to final acceptance of the improvements by the Aoency, a warranty performance and payment bond in an amount equal to twenty five (25) percent of the contract price shall be � obtained by the contractor and shall nannein in effect until at least one year after the date of acceptance of the work bv the Agency. Whenever any Surety or Sureties on any such bonds, or any bonds required by Law for the protection of the n|airna of laborers and nnobahu| men become insufficient or the City Engineer has cause to believe that such Surety or Sureties have become insufficient, a demand in writing [� may be made of the Contractor for each further bond or bonds or additional surety, not |� exceeding that originally required, as is considered nemeaoary, considering the extent of the work remaining to be done. Thereaftar, no payment shall be mode upon such contract tothe Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. RETENTION At the request and expense of the contractor, securities equivalent to the ton percent (10Y6) } Yvbhho|d from progress payments pursuant to the City of Baldwin Park's Standard General � Conditions shall be deposited with the City Clerk or a state or federally charted bank as the � escrow agent, who mhm|| pay such monies to the contractor upon satisfactory completion of the � contract. Securities eligible for investment shall include those jiabad in Section 16430 of the � Government Code or bank orsavings and |Von certificates of deposit. The contractor shall be � the beneficial owner nfany securities substituted for monies withheld and ah@U receive any interest thereof, i BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm or corporation shall bo allowed to make Dr file orbo interested in more than one bid, as phma oontractor, for the same work. /\ penaon, finn or corporation who has submitted a sub-proposal to o biddar, or who has quoted prices on rnedeho| to a bidder' is not hereby disqualified from submitting a sub-proposal or quoting prices for other bidders. ASSIGNMENT OF CONTRACT No assignment by the contractor ofany contract to be entered into hereunder or of any part thereof, or of funds to be received there under by the contractor, will be recognized by the City unless such assignment has had the prior approval nf the City and the surety has been given due notice nf such assignment inwriting and has consented thereto inwriting. LABOR Bidders one required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per them wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Qty Hall, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Parh, California 13.6 g17OG. and are available to any interested party Vnrequest, In entering into o public works contnect, or subcontract, to supply goods, services, or materials pursuant to o pubic works contract, the Contnactor, or subonntn*dnr, offers and agrees to assign zothe awarding body all nQnos, Dz/e and interest in, and to, all ruumas of action it may have under Section 4 of the Clayton Act (15 U.S,C. Section 15) or under the Cartwright Ad (Chapter 2 [commencing with Section 10700] of Part of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. PERMITS AND LICENSES The Contractor shall procure all pennKa and |icanees, pay all charges and fees, and give all notices necessary and incidental to the due and |ovfu| prosecution of the work. No fee is charged for the permit issued by the City for public works project. The Contractor and subcontractors shall pay for and obtain o City Business License. SOCIAL SECURITY ACT The successful Bidder agrees to comply with and to require all of his subcontractors tocomply with all the provisions of the Act ofCongress approved August 14.1S35. known and cited oothe "Social Security Act' and also the provisions of the act of the State Legislature approved, and known as the State Unemployment Compensation Law and all other laws and regulations pertaining to labor and workmen and all amendments to such data, and the contractor further agrees to indemnify and hold harmless the City of EA\LDW|N PARK of and from any and all doinls and demands made against it by virtue of the failure of the contractor or any subcontractors to comply with the provisions of any or all of said oCta and amendments. For questions regarding this project, contact David Lopez, Associate Engineer, via e-mail at� The final date for submitting inquiries is 5 working duva prior to the bid opening date. NV response will be provided to inquiries received after the final date. The fdlovAng shall eooy for submittal requirement to request any alternatives, and variations from the specified products: ffe bidder desires tosubmit any alternatives, and variations from the specified products, such alternatives ��hosu��e ��e��w��o0 days prior to bid due date for City's review and app0va/. The City will review the submitted information and issue an Addendum accordingly. SECTION C. BIDDER'S PROPOSAL STREET SIGNAGE AND IISNS REPLACMENT PROGRAM FY 2013-2014 Name of Bidder: Contractor License No.: Class: Contact Person: Address: Tel: Fax: E-mail: To the best of the City's knowledge, Section C "BIDDER'S PROPOSAL," contains all the documents necessary for successful submission of a construction bid. CA BID SCHEDULE CITY DFBALDVVNPARK 144O3 EAST PACIFIC AVENUE BALOVVN PARK' CALIFORNIA 91706 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNC|L� Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder affirms familiarity with the work and certifies having EXAMINED THE PLANS, CONTRACT DOCUMENTS, AND PROJECT SITE, and hereby proposes to furnish all nneteha|n, equipment, tools, labor, tnanspodation, aen/ioes, taxeo, and incidentals required for the above stated project as set forth in the P|ans. Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein, and to complete said work within the time specified in the Agreement [Fifty /60> — Calendar days] after the commencement date stated in the Notice toProceed. BASE BID BID ITEM NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE IN WORDS UNIT PRICE IN NUMBERS ITEM TOTAL IN NUMBERS GENERAL 1 Mobilization, includes Bonds, Insurance, acquisition of permits, business License, traffic control I LS $ $ $ MATERIAL 2 Pole Street Name Sign 36" X1 8" with Hardware 4 EA 3 Overhead Street Name Sign 72" X1 8' with Hardware 68 EA $ 4 Overhead Street Name Sign 84" X 18" with Hardware 8 EA $ 5 Overhead Street Name Sign 96" X 18" with Hardware 19 EA $ C.2 BID UNIT ITEM ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE IN WORDS PRICE IN TOTAL IN NO. NUMBERS NUMBERS LABOR AND EQUIPMENT Labor, Equipment and Traffic $ $ $ 6 Control to Remove Existing 99 EA and Install New Signs A. MATERIAL (2 thru 5) =$ B. LABOR AND EQUIPMENT(6) and MOBILIZATION (1)=$ C. TOTAL BASE BID (SUM OF A. and B.)= $ In case of a discrepancy in a bid item, unit prices shall govern over extended amounts, and words shall govern over unit prices. The City reserves the right to award a contract to the lowest responsive responsible Bidder for "A. Material (2 thru 5)" and/or to award a contract for "B. Labor and Equipment (6) with Mobilization (1)" or a Contract for "C. Total Base Bid"(A+B), as the project budget allows. The undersigned bidder acknowledges receipt of the following addendum issued for the above project. If no addendum has been received, write "none"- List of Addendum Received: Signature of Bidder The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. All bids will be compared on the basis of the Engineer's estimated quantities of work to be performed. The bidder also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. C.3 |tis understood and agreed that: (1) No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal. (2) The City will not be responsible for any errors or omissions on the part of the undersigned in making up his bid, nor will bidders be released on account oferrors. (3) The undersigned hereby certifies that this Proposal is genuine and is not sham or ooUusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder tn put in m sham bid, or any other pereon, firm or corporation to refrain from bidding, and that the undersigned has not in any manner snught, by co||usion, to secure for himself an advantage over any other bidder. CA � OWNERSHIP AFFID"IT STATE ()FCALIFORNIA > COUNTY OF LOS ANGELES >SS: � ` CITY OF B/\LDVV|N PARK ) '� � � . being duly sworn, deposes and says: � INDIVIDUAL That he/she is the party making the foregoing proposal- PART NERSHP That he/she k*a member of the co-partnership firm designated as: / and who has been and is duly vested with the authority to make and execute instruments for the : co-partnership ' |` ' � ` who constitute the other mannoern of the co-partnership, ` � ' F-1 CORPORATION That he is of: a corporation which is making the foregoing proposal: JOINT VENTURE That he is of- one of the parties making the foregoing proposal as o kjoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or shmmn, that the bidder has not cnUuded, cnnspnad, connived, or agreed, directly or indirectly with any other bidder or person to put in o sham bid or to refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Baldwin Pork or any person interested in the proposed contract, for himself or any other person. Signature ofBidder Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) C.5 KNOW ALL MEN BY THESE PRESENTS that, .aa BIDDER, and .as SURETY, � are held and firmly bound unto the CITY UFBALDVV|N PARK, as AGENCY, in the penal aunn of Oo||ora ( . which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above-stated project, for the payment of which sum, BIDDER and SURETY agree tobebound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above-stated project, ifnaidbidia rejected, oFif said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor ofAGENCY, IN VV|TNEGG WHEREOF the parties hereto have se{their namnms, tit|es, handa, and seal this day of .2 . SURETY* Subscribed and sworn tV before [ne_ ._-______' Signature: this day of Notary Public in and for the County of . State of *Provide BIDDER/ SURETY norne, address, and telephone number and the name. title, address, and telephone number of authorized representative, DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows: Name, address, and phone number of subcontractors, suppliers, and vendors Name portion of work, materials, and/or equipment Contractor's License No. Dollar Value of Sub-Contract % of Total Bid Amount Total C.7 REFERENCES The bidder is required to state what work of similar character to that included in the proposed contract he has successfully performed and give references which will enable the City Council !� to judge of his responsibility, expehenoe, skill and business and financial standing, K8ininnunn 8 y references shall be provided. Additional numbered pages outlining this portion cf the proposal �� may be attached to this page. Reference I Project Name'. Type of Work: Year Completed: Contract Amount: Name/ Address of Reference Name: Title: E-mail: Tel: Reference 2 Project Name: Type of Work: Year Completed: Contract Amouft Name/ Address of Reference Name: Title: E-mail: Tel: Reference 3 Project Name: Type of Work: Year Completed: Contract Amount: Name/ Address of Reference Name: Title: E-mail: Tel: CX NON-COLLUSION AFFIDAVIT STREET SNGNAGE AND 11SNS REPLACMENT PROGRAM FY 2013-2014 0£e Executed 8v Each Bidder OfA Principal Contract STATE C)FCALIFORNIA ) COUNTY OF LOS ANGELES being first duly sworn deposes and says that hekathe A*n|e owmar, a partner, pnasident, etc.) of the party making the foregoing bid� that such bid is not made in the intorest of or behalf ofany undisclosed perSon, partnership, company, osoocimtion, organization or corporation, that such bid is genuine and not collusive or ahonn` that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or that anyone shall refrain from bidding, that said bidder has not in any nnanner, directly or indirectly sought by agneements, communication or conference with anyone to fix the bid price of said bidder orofany other biddar, or to fix the overhead, profit, or cost element of such bid phoe, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone intenaated in the proposed contract; that all statements contained in such bid are true, and furthnr, that said bidder has not, directly or indineut|y, submitted his bid phce, or any breakdown thereof, or the contents thereof, or divulged information or date relative theneto, or paid and will not pay any fee in connection, therewith to any corporation, partnerohip, company, association, organizmtion, bid depository' or to any member or agency thereof, or to any other individual infunneUnn or date relative thereto, or paid and will not pay any fee in oonnect)on, therewith to any corporahon, partnership, company association, orgenization, bid depository, or to any member oragency thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in his general business, Title Subscribed and sworn to and before me this Seal of Notary day of .2D SECTION D. CONTRACT STREET SPGNAGEAND 11SNS REPLACEMENT PROGRAM IFY 2013-2014 THIS AGREEMENT, made and entered into this day of . ` by and between CITY OFBAL[WINPARK, CALIFORNIA, o general law cityhereinafterreferred to as "CITY" and "CONTRACTOR." That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1 The complete Construction Contract / Agreement consists of the Contract Documents set forth in Exhibit 'A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions, CONTRA "'TOR �ha/| everything .ohaU and n�d furnish all the labor, moheria|s, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY2O13-2014 8he'Worhof|mprovement^\ all in accordance with the Contract Documents and Contractor's Proposal dated CONTRACTOR agrees to perform all the work and furnish all the materials at his nvvn cost and expense necessary to construct and complete in a good and workman-like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the p|ana, specifications, and Contract Documents (the ^Speci5ootiona^) therefore prepared by City's Engineering Department and adopted bv the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of Dollars - which is based on performing all work related to all ofthe bid quantities shown on Bid Schedule an full compensation for furnishing all nnateria|s, performing all work, and fulfilling all obligations hereunder, CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 4, CONTRACTOR agrees to commence construction ofthe Work of Improvement within ten /10days after issuance ofoNotice To Proceed, and to continue inodiligent and workman- like FO@OOer without interruption, and to complete the construction thereof vWtbin Thirty (6.0) calendar days (also specified in the Contractor's Bid Proposal) from the commencement date stated in the Notice to Proceed. ME 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract_ 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8, The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and/or State rates of wages applicable to the Work of Improvement, Contractor understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. Contractor acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: °I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.' 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. D.2 |N WITNESS WHEREOF, the said CONTRACTOR and the CITY MAYOR and CITY CLERK of the CITY have caused the names of said parties to be affixed horeto, each in triplicate, the day and year first above written. CITY CLERK ME CONTRACTOR BY 'Title` BY CITY OFBALDVV|NPARK Manuel Lozano, MAYOR APPROVED AGTOFORM: CITY ATTORNEY STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013 -2014 NOTICE INVITING SEALED BIDS INSTRUCTIONS TO BIDDERS & INFORMATION FOR BIDDERS BIDDER'S PROPOSAL CONTRACT /AGREEMENT SPECIFICATIONS DOCUMENTS IN THE APPENDIX MODIFICATIONS AKIID AMENDMENTS THERETO m UM * ♦ i M KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR and , a corporation organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Baldwin Park, as AGENCY, in the penal sum of Dollars ($ ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated for if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terns of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of , 20 CONTRACTOR* SURETY* Subscribed and sworn to before me this day of , 20 Signature: Notary Public in and for the County of Rate of premium on this bond is $ Total amount of premium charge is $ , State of per thousand. . To be filled in by Surety *Provide CONTRACTOR/ ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. I MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR and a corporation organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Baldwin Park, as AGENCY, in the penal sum of Dollars ($ } which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated for if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures, provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of , 20 CONTRACTOR` YVJCIZOV i Subscribed and sworn to before me _ day of , 20 Signature: Notary Public in and for the County of , State of this Rate of premium on this bond is $ per thousand. Total amount of premium charge is $ . To be filled in by Surety Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. EDE WARRANTY PERFORMANCE AND PAYMENT BOND TO BE SUBMITTED UPON PROJECT COMPLETION AS A CONDITION OF PROJECT ACCEPTANCE KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR and , a corporation organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Baldwin Park, as AGENCY, in the penal sum of Dollars ($ ) which is 25 percent of the final contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated for if CONTRACTOR faithfully warrants the Work of Improvement done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY, provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY, IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of , 20 CONTRACTOR* SURETY* Subscribed and sworn to before me day of , 20 Signature: Notary Public in and for the County of Rate of premium on this bond is $ _ Total amount of premium charge is $ this , State of per thousand. . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. JIM SECTION E. SPECIFICATIONS STREET S[GNAGE REPLACMENT AND IIISNS REPLACEMENT PROGRAM IFY 2013-2014 DEFINITION The Contract Documents control constructinn, work perfbrmed, and materials furnished hereunder. The Contract Documents are specified in the Construction Contract //\oreenlent. and includes the Specifications for the Work of Improvement. The Specifications include the Standard Specifications, the Special Provisions which �ukann o od e �n�r�oe�ca�ns, the Tnona| PrVvok�na. Phann, ond pp�n1 h Standard Plans, STANDARD SPECIFICATIONS The Standard Specifications ia the 2O13 edition of the Standard Specifications forPub|icVVnrka Construction, including supplemerts, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California. The State of California Department of Transportation Standard Goecificatono, Standard Plans, and Manual nf Traffic Controls, 2012 edition of each, and the Los Angeles County Department of Public Works Standard 2006 Plans are incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference SpecjfiCEtinnaare intended togovern certain construction nnateha|s, methods, and details except as modified herein or are inconsistent with the provisions herein SPECIAL PROVISIONS The section and subsection numbering system used in these Special Provisions and Technical Provisions corresponds to that used in the Standard Specifications. SECTION I- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-2 DEFINITIONS Add the following h7 this subsection: Acceptanca — Thofonna|whttenacceptancebytheAoenoyofthecomp|etedp ject. Addendum — The modification of the plans and/or specifications issued to all prospective Bidders during the period when necessary to change, correct, clarify or further define any phase of the work. Agency — City of Baldwin Park Approved Gqual — orwordooflikmimportnefer to and indicate material that has been approved by the (]tv Engineer as similar and equal in all respects and acceptable for use in lieu of the particular materials as specified herein, No "approved equal" material shall be used in any of Ak the work unless approved to use it is first obtained in writing from the City Engineer. The City reserves the right to reject any and all materials, either before or after installation that are not specified or approved by the City Engineer in writing. In all cases where proprietary articles are specified, it is the intent of these specifications to permit the use of approved equals, unless specifically prohibited. Requests for "Approved Equal" status for proposed substitutions shall be submitted within ten (10) days after the award of the contract. Such requests shall include substantiating data and the proposed credit to the contract price for the use of such substitution, should it be approved. Approved, Required, Directed — or words of similar import, refer to and indicate that the work or materials shall be "approved," "required," or "directed" by the City of Baldwin Park or its duly authorized representative. Bidder — any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Board — City Council of the City of Baldwin Park City — City of Baldwin Park City Council — The body constituting the awarding authority of the City, namely the City Council of the City of Baldwin Park. Contractor — The person or persons, co- partnership or corporation, private or municipal, who have entered into contract for this work as parties or party of the second part of his or her legal representatives. Day — Working day or Calendar day as specified in the Construction Contract/Agreement and/or in the Contractor's Bid Proposal. Department of Public Works or Department — City of Baldwin Park Public Works Department_ Due Notice — A written notification, given in due time, of a proposed action where such notification.is required by the contract to be given a specified interval of time (usually 48 hours or two working days) prior to the commencement of the contemplated action. Notification may be from City to Contractor or from Contractor to City. Engineer — The City Engineer of the City of Baldwin Park, acting either directly or through authorized agent. Laboratory — Any laboratory of a public agency or a recognized commercial testing laboratory. Owner — City of Baldwin Park Prompt — The briefest interval of time required for a considered reply, including time required for approval by a governing body. W 1 -2 ABBREVIATIONS Add the following to this subsection: SSPWC Standard Specifications for Public Works Construction, latest edition, including all amendments AGC Associated General Contractors of America APWA American Public Works Association ASA American Standards Association ASTM American Society for Testing and Materials BMP Best Management Practices CALTRANS State of California Department of Transportation or DOT LACDPW Los Angeles County Department of Public Works LACSD County Sanitation Districts of Los Angeles County NPDES National Pollution Discharge Elimination System SCG Southern California Gas Company SCE Southern California Edison Company SWPPP Storm Water Pollution Prevention Plan WWECP Wet Weather Erosion Control Plan SECTION 2 — SCOPE AND CONTROL OF WORK 2 -1 AWARD AND EXECUTION OF CONTRACT Add the following to this subsection: By mutual consent in writing of the parties signatory to the contract, alterations or deviations, increase or decreases, additions or omissions, in the plans and specifications may be made and the same shall in no way affect or make void the contract. 2-4 CONTRACT BONDS Add the following to this subsection: The performance bond shall remain in effect at least until the date of acceptance by the Agency, unless the Engineer allows the date of substantial completion, or except as otherwise provided. The payment bond shall remain in effect until the Agency makes the final payment including retention that is due to the contractor. The contractor warrants and guarantees to the Agency that all work will not be defective. Therefore, the contractor shall furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater, before the contract payment bond may be released or the retention payment paid. The warranty performance and payment bond shall be in effect until at least one year after the date of acceptance of the work by the Agency. 2 -5 PLANS AND SPECIFICATIONS Add the following to this subsection: All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. Changes shall not be made to any plan or drawing after the same has been approved by the Engineer, except by written direction of the Engineer. Should it appear that the work to be done, or any matter relative thereto is not sufficiently detailed or explained in these Specifications, Special Provisions, Technical Provisions, or Plans, the contractor shall E.3 I. apply to the Engineer for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the original specifications. In the event of doubt or questions relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final. 2 -5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following supersedes the provisions of this subsection: In case of conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be as follows: 1) Permits 2) Change Orders 3) Construction Contract / Agreement 4) Addenda 5) Bid Proposal 6) Plans 7) Technical Provisions 8) Special Provisions 9) Standard Plans 10) Standard Specification 11) Reference Specifications Detail drawings shall take precedence over general drawings 2-6 WORK TO BE DONE Add the following to this subsection' Where the manufacturer of any material or equipment provides written recommendations or instructions for its use or method or installation (including labels, tags, manuals or trade literature), such recommendations or instructions shall be compiled with except where the contract documents specifically require deviations. 2 -8 RIGHT -OF -WAY Add the following to this subsection: When the contractor arranges for additional work areas and facilities temporarily required by him, he shall provide the City with proof that the additional work areas and /or facilities have been left in a condition satisfactory to the owner(s) of said work areas and /or facilities prior to acceptance of the work. 2 -10 AUTHORITY OF BOARD AND ENGINEER Add the following to this subsection: The Engineer shall retain all written protests filed, and, upon completion of the work, shall submit all such protests to the City Council, together with a copy of the Engineer's prior written decisions for consideration by the City Council at the time of final acceptance of the work. The Contractor or its representative may appear and be heard by the City Council concerning any such protests. In connection with acceptance of the work and final payment under the Contract, the City Council shall make its determination with respect to each protest filed with the Engineer. The decision of the City Council shall be final. EA 2-9.2 SURVEY SERVICE The following supersedes the provisions of this subsection: The Contractor shall furnish all labor, materials, equipment and oervioes, and be responsible for all surveying, staking, and layout necessary for the construction of the improvements. Consequently, any reference to the Engineer providing such services shall be disregarded. Lines and grades for construction shall be the responsibility of the Cnntnactor. All work under this contract shall be built in accordance with the lines and grades shown on the plans. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trade involved. Field uumvay for establishing Unaa and grades and for the control of construction shall be the responsibility of the [ontoaotor. All such surveys, including construction staking' shall be under the supervision of a California-Licensed Land Surveyor or Civil Engineer. The Contractor shall provide a copy of the office oa|om|ebona and grade sheets to the [}vvneru Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking, The contractor ksresponsible for locating and tying existing survey monuments and centerline points prior to constnuotimn, reestablishing such monuments or points after construction, and filing a Corner Record with the County Surveyor before the project may be considered for acceptance by the agency, The contractor shall cover the cost of the survey service, which is considered incidental work and no additional compensation will be allowed therefor. 2-11 INSPECTION Add the following to this subsection: The City may provide inspection for an 8-hour day and 40-hour week for normal working days. Inspection work requested by the contractor outside of the prescribed working hours shall be paid by the contractor at the City's overtime rate. SECTION 3'CHANGES IN WORK 3-3 EXTRA WORK Add the following b/ this subsection: The contractor shall proceed with extra work only VpnD written order from the Engineer. For such extra work the contractor shall receive payment as agreed upon in writing, or shall be paid on force account. Work involving contract unit prices, the contractor shall not exceed any ofthe quantities in the proposal unless prior authorization from the engineer is obtained in writing. 3-3.2.3 MARKUP Add the following hz this subsection: Markup limited to: Labor 20% K8atmha|n 5% Equipment Rental 5% Subcontractors 5% Bonding and Insurance 2% 3-5 Disputed Work Add the following to this subsection: A. In accordance with Public Contract Code Section 20104, and for the purposes of Paragraphs B on|y, the term "Defined Claim" shall mean a separate demand by the Contractor to the [h^mer of e value of $375.000 or |sms, for any of the following: (a) a, time extension, (b) payment of money or damages arising from work done by the Contractor pursuant to the Contract Documents and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (c) an amount of payment which ie disputed bv the Owner. B. RESOLUTION OF DEFINED CLAIMS Pursuant to Sections 20104 et seq., of the Public Contracts Code, the provisions of this Paragraph B shall apply to all "Defined Claims," as such term is defined in Paragraph A (i.e., claims that are in the amount of $375,000 or less). Filing and Response to Defined Claim The Defined Claim shall be in vvrhino, include the documents necessary to substantiate the Defined Claim, and be filed with the Owner onor before the date of the final payment for the If the Defined Claim is less than $50,000, the new Owner shall respond in writing to the Defined Claim within 45 days of its receipt; or the Owner may request in writing within 30 days of receipt of the Defined Claim any additional documentation supporting the Defined Claim or relating to defenses or claims the Owner may have against the Contnoctor, and in such event the Owner's response shall be submitted to the Contractor within the later of 15 days after the receipt of the further documentstion, or the time taken by the Contractor in producing the additional information. If the Defined Claim is over $50,000, the Owner shall respond in writing to the Defined Claim Within 60 days of its receipt, mrthe Owner may request in writing within 3Odays of receipt of the Defined Claim any additional documentation supporting the DafinedClaim or relating to defenses or claims the Owner may have against the ContraCiO[, and in such event the Owner's response shall be submitted tothe Contractor within the later of 30 days after the receipt of the further docuDlent8tinn. Or the time taken by the Contractor in producing the additional information or requested documentation. Meet and Confer Regardinq Defined Claim If the Contractor disputes the Owners written nesponsa, or if the Owner fails to respond within the prescribed tinle, to the Defined Claim, the Contractor may notify the Owner in writing within 15 days, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of the demand, the Owner shall schedule a meet and confer conference within 30 days. If the dg|nn or any portion thereof remains in dispute following the meet and confer conference, the Contractor may file a claim pursuant to Government Code Section QOO. et seg. For purposes of this Paragraph B, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits the Defined Claim until the time such Defined C|minO in denied, including any period of time utilized by the meet and confer conference. Procedures for Civil Actions Filed to Resolve Defined Claims The following shall apply to any civil action filed pursuant to this Paragraph B.- Non-Bindin_q Mediation Within GQ days, but nn earlier than 3Odays, following the filing of responsive o|eadings, the court shall submit the matter to non-binding mediation unless waived bv mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of disinterested third person as mnediator, and shall be commenced within 30 days of the submittal and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon e good cause showing 10 the court. Judicial Arbitration If the matter remains in dispute, the omge shall be submitted to judicial arbitration pursuant to Section 1141.1O'eiseg.. of the Code of Civil Procedure, notwithstanding Code of Civil Procedure Section 1141.11. The civil discovery procedures of Code of Civil Procedure Section 2D1G.et seq.. shall apply, consistent with the rules pertaining to judicial arbitration. In addition to the provisions of Code of Civil Procedure Section 1141.10. et seg., (a) arbitrators aheU, upon stipulation of the partiea, be expehmnued in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees, also pay the attorneys fees on appeal of the other party. Interest on Award of Judgment In any suit filed pursuant to Paragraph (G)3.2. the Owner shall pay interest at the legal rote on any arbitration ovvand or judgment, which interest shall begin to accrue on the date the suit is filed in a court of law. C. RESOLUTION OF CLAIMS OTHER THAN DEFINED CLAIMS The provisions of this Paragraph C shall apply to all claims that are not 'Defined Claims,' as such term is defined in Paragraph A (i,e., claims that are in excess of $375,000.00). Written Claim K the Contractor io not satisfied with any action by the City Council to resolve the protest of any claim other than e Defined C}mhn, it shall file with the City Council, within fifteen (15) days after such dotarminatiVn, a written o|airn which shall comply with the requirements for claim under Division 3.6 of Title 1 (commencing with Section 010\ of the California Government Code. The City Council shall take action with respect to any such claim ms provided in Division 3.8Vf Title 1of the Government Code. Denial of such claim by the City Council shall be a prerequisite to the institution of any legal proceeding challenging the action of the City CnuOd| If the Contractor fails to file n o|oirn within the time specified herein, it shall he deemed satisfied with the action of the City Council with respect to its protests, and such failure to file a c|mirn shall be deemed to be a waiver of all dairno and demands arising out ofor relating to this Contract. i Limitation Period Demand for Arbitration of any claim other than a Defined Claim shall be served upon the Owner within the time limits set forth in Division 3.6 of the California Government Code for commencement of legal proceedings against a local public agency. Arbitration Except as provided to the contrary herein, arbitration of any claim other than a Defined Claim may be initiated by the Contractor and shall be conducted in accordance with the provisions of California Code of Civil Procedure Sections 1280, et sect. The parties hereto agree that there shall be a single neutral Arbitrator who shall be selected in the following manner: (1) The Demand for Arbitration shall include a list of five names of persons acceptable to the Contractor to be appointed as Arbitrator. The Owner shall determine if any of the names submitted by Contractor are acceptable and, if so, such person will be designated as Arbitrator; (2) In the event that none of the names submitted by Contractor are acceptable to Owner or if for any reasons the Arbitrator selected in Step (1) is unable to serve, the Owner shall submit to Contractor a list of the five names of persons acceptable to Owner for appointment as Arbitrator to Contractor who shall in turn have 10 days in which to determine if one such person is acceptable; (3) If after Steps (1) and (2) the parties are unable to mutually agree upon a neutral Arbitrator, the matter of selection of an Arbitrator shall be submitted to the Los Angeles County Superior Court pursuant to Code of Civil Procedure Section 1281.6. SECTION 4 - CONTROL OF MATERIALS 4 -1.3 Inspection Requirements Add the following to this subsection: At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of material to be used in the work, for testing or examination as desired by the Engineer. All tests of industry materials furnished by the contractor shall be made in accordance with commonly recognized industry standards or special methods and tests as prescribed in these specifications. The contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of material. SECTION 5 - UTILITIES 5 -1 LOCATION Add the following to this subsection: The contractor is responsible to determine the exact location of utilities and its service connections during construction. The contractor shall notify the City of the exact location of any utility or service connection which is not shown or incorrectly shown on the plans. The contractor shall be expected to maintain liaison with the affected utility company representatives, and shall notify them prior to beginning of the job and each time the particular utility is or could possibly be affected at least 24 hours in advance: E.8 SECTION 6— PROSECUTION, PROGRESS AND ACCEPTANCE C}F THE WORK 6-3 SUSPENSION OF WORK Add the following bo this subsection: Should suspension of work be ordered by reason of the failure of the contractor to carry out orders or to perform any provisions of the contract,- or by reason of weather conditions being unsuitable for performing any hern or denna of work; the contractor, at its expenae, shall do all the work necessary to provide a safe, ornooth, and unobstructed passageway through construction for use bv public traffic during the period uf such suspension. |n the event that the contractor fails to perform the work above specified, the City will perform such work and the cost thereof will be deducted from payment due or to become due to the contractor. if the Engineer orders a suspension of all of the work mo portion of the work which is the current controlling operation or operations due to unsuitable weather or to such other conditions as are considered unfavorable to the suitable prosecution of the vvnrk, the days on which the suspension is in effect shall not be considered working days. If a portion of work at the time of such suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the detemnination of working days will be made on the basis of the then current controlling operation oroperations- If a suspension of work is ordered by t contractor to carry out orders given or to z which the suspension order is in effect working days audefined. 6-7 TIME OF COMPLETION Add the following to this subsection: he a due to the failure on the part of the perform any provision of the uontract, the days on shall be considered working days if such days are Where a single ehht is worked, eight UB consecutive hours between 7 a. rn. and 5 p.m- shall constitute o day's work at straight time for all workers. Forty (40) hours between Monday, 7 a'no,. and Friday, 5 p.m. shall constitute m week's work at straight time. Holidays as herein referred to shall be deemed tnbe: New Year's Day Martin Luther King Day President's [)ay Memorial Day Independence Day 6-7.2 Working Day Add the following to this subsection, Labor Day Veterans Day Thanksgiving Day & day after Christmas Construction work is limited to normal working hours uOheoS prior written approval is obtained from the Enoinemr. NoOnal working hours are between the hours of7:3OA.M. and O:DU P�M. Deviation from these hours and days will not be permitted unless prior written consent is obtained from the Engineer` except in emergencies involving immediate hazard to persons or property. The Contractor shall obtain approval for any deviation from regular working hours or days by submitting avvhtten request tothe Engineer at least 5working days in advance, for approval bv the Engineer. Expenses for such deviation shall be included in the proposal prices, and will not be considered as an addition to the contract. Working hours in traffic lanes will be restricted to between the hours of8:3D/LM. and 3:30 P�K8, and working hours for onamo not affecting inaffio are between 7:30 A.M. and 6:00 P.M. Monday through Friday, excluding legal holidays and weekends. 6-9 LIQUIDATED DAMAGES The provisions of this subsection apply except ao herein modified: It is agreed by the parties that if the improvements are not completed by the time prescribed to complete the vvod\. City and Contractor agree that Contractor will pay to City, not as m penalty, but as predetermined liquidated dmnlmgem, the ourn specified in the Construction contract / Agreement mf Five Hundred Dollars ($5QO'D0) per day for each and every working day's delay beyond the time prescribed to complete the work. Contractor agrees to pay such liquidated damages, and in case the same are not paid. Contractor agrees that the Agency may deduct the amount thereof from any money due orthat may become due the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the Agency shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City- and if it decides to extend the time limit for the completion of the contnaot, it shall further have the right to charge to the Controot, his heirs' assigns or sureties; and to deduct from the final payment for the work, all or any part, as it may deem propar, of the actual ouat of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension. SECTION 7—RESPONSIBILITIES OF THE CONTRACTOR 7.1 CONTRACTOR'S EQUIPMENT AND FACILITIES Add the following to this subsection: Parking of the Contractor's vehicles at any given location on City stn*et$ for more than twenty- four (24) hours, shall not be permitted. 7-2.2 LAWS Add the following b) this oubxnction. Certified Payroll Records shall be submitted to the Engineer every two weeks beginning with the actual start day of construction, and shall be consecutively numbered until the completion of the vxDM(. Progress payments will be withheld pending receipt ofany outstanding reports. Eight hours constitutes a |eAm| day's work. The Contractor shall hJrfeit, as a penalty to the City. $26.00 for each worker employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor (�0de.and inpa�icu|ar. Sections 1B10 to 1815 thereof' inclusive, except that vvorkpe�nnned by employees of Contractors in excess of | eight hours per day, and 40 hours during any one week, shall be permitted at not less than one and one-half times the basic rate of pay, as provided in said Section 1815. The Contractor will assure that m qualified supervisor is present at all times when work is being 7.3 LIABILITY INSURANCE The provisions of this subsection apply except wo herein modified. The Contractor shaU, at its ovxO expense, take out and maintain during the life of the contract such public |iab{|bv and property damage insurance protecting the contractor and any sub- contractor performing work covered bv the contract from claims for damages for personal injury, including accidental death, as well as from claims for property donnages, which may arise from his operations under the montract, and shall protect him and the City from o}mimo for such donmaQno, naming the City as an additional insured under the pn|icy, whether such operations be by himself or by any sub-contractor or by anyone directly or indirectly employed by either of them and the amount of such insurance shall beasfollows: Public LiabilitV Insurance in an amount not k*es than five hundred thousand dollars ($500,000.00) for injuries, death, to any one person, and subject tothe same limit for each person in on amount not less than one million dollars ($1,000,000.00) on account of one accident. Property Damage Insurance in an amount of two hundred and fifty thousand dollars ($250.000.00) resulting from any one accident that may arise from the operations of the Contractor |n performing the work provided herein. If and whenever the Contractor or any sub-contnactor, in carrying on the contract operations, shall use and operate autoRlobkas, trucks or other vehicles on public streets and highways, each shall carry, at his own expense, Automobile Public Liability and Property Damage Insurance, with limits of not less than two hundred and fifty thousand dollars ($250,000.00) for anyone person and five hundred thousand dollars ($5OO.ODO.00) for any one ecnident, and one hundred thousand dollars ($1OO,OOO.OD) property damage. Equivalent Combined Policy 8combined single limit policy with aggregate limits in the amount of one million dollars ($1.ODD.000.00 will be considered equivalent to the required minimum limits specified above. The term 'public streets and highways" shall be deemed to include without limiting the generality thereof, all roads, roadways and thoroughfares used for access to the site of the work.. The Contractor shall furnish the City with satisfactory proof of insurance required. Such proof shall bn furnished with the executed Contract Documents, naming the City as an additional 7-4 WORKER'S COMPENSATION INSURANCE Add the following to this subsection: The Contractor shall furnish the Agency with satisfactory proof of insurance required, The insurance shall be taken out with a responsible insurance carrier authorized under the kavvS of the State of California and satisfactory to the City. In case any work is sublet, the contract shall require the subcontractor similarly provide Worker's Compensation Insurance for the subcontractor's employees. The Contnactor�hsU! provide, and shall cause subcontractor � . � � to pnDvide, adequate insurance for the protection of his employees not otherwise protected. .� 7-5 PERMITS Add the following to this subsection: �. The Contractor shall, at his own expense, obtain 8 business license from the City of Baldwin Park. The Contractor shall comply will all Federal, State or local |owo, ordinances or rules and � regulations relating to the performance of the work. 7-8.2 AIR POLLUTION CONTROL i [ Add the following h} this subsection: , All organic solvents used must comply with the rules, regulations and orders of the Southern California Air Pollution Control District relating to organic solvents. � 7-10.1 TRAFFIC AND ACCESS Add the following to this subsection: | | It nheU be the Contractors responsibility to furnish a detailed traffic control plan identifying the maintenance of traffic during construction to the Engineer for approval. All traffic control plans shall be submitted to the Engineer minimum of working days in advance of its planned | / implementation for review and approval. / Signs, |ightn, flagn, and other warning and safety devices and their use shall conform to the requirements set forth in the current State of California Manual of Traffic Control for | | Construction and Maintenance Work Zones, Construction area signs shall removed when no longer required. In the event that the Contractor toUs to adequately provide for the public safety during the ! course of construction under this contmmot, and the City is required to provide for said public ! safety, the Contractor shall pay the City the coot of each service C@U, which will include all direct labor and material costs including fringe benefits, overhemd, and applicable rental rates for the � various pieces of equipment. Any and all costs incurred by the City as o result of the failure of the Contractor in provide for the public safety will be deducted from the amount due to the ! Contractor for the work done under this contract. The Contractor may be required to cover certain signs during ' theprogness of the work. Signs that are no longer required or that convey inaccurate information to the public abaU be immediately covered. Covers for construction area signs ahoU be of sufficient size and density to completely block out the complete face of the eiQOe. The etnorefiective fmom of the covered signs shall not be visible either during the day oratnight. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. If closure is not reopened to public traffic by the specified time, Liquoted Damages may apply as specified above in Section O-8. 7 -10.2 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS Add the following to this subsection: Storage of equipment and materials in the public right of way during non- working hours will not be allowed, and may only be placed in the public right of way for purposes of use that day. Overnight stockpiling of construction debris or excavated materials is not allowed. The Contractor shall remove equipment, materials, and rubbish from the work areas at the conclusion of each working day. SECTION 8 — FACILITIES FOR AGENCY PERSONNEL 3 -2 FIELD OFFICE FACILITIES Add the following to this subsection: No field office. SECTION 9 — MEASUREMENT AND PAYMENT 9 -3.2 PARTIAL AND FINAL PAYMENT Add the following to this subsection: Prior to judicial determination of any claim or claims or in accord therewith, the City may apply an amount withheld to the payment and satisfaction of sub - contractors for labor and services rendered and materials furnished. in so doing, the City shall be deemed the agent of the Contractor and any payment so made by the City shall be considered as a payment made in good faith; provided that such payment shall not be made except by court order if the Contractor furnished a bond satisfactory to the City to indemnify the City against any lien or claim. If any lien or claim should remain unsatisfied after final payment to the Contractor, the Contractor, upon demand, shall refund to the City any money that the latter may be compelled to pay to discharge such lien or claim, including all costs and reasonable attorney's fees. Before the City will make the final payment to the Contractor, the Contractor shall furnish the City with lien releases from all sub - contractors and suppliers of material, together with a certified statement that the releases represent all the materials furnished and all the sub - contractors engaged for the work. 9 -3.4 MOBILIZATION Add the following to this subsection: Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site. Mobilization shall additionally include the establishment of any temporary facilities and the installation of project signs. The Contractor will provide the project signs and install them. Prior to commencing any work, the Contractor shalt submit the proposed work schedule to the City for approval. This schedule shall be updated weekly or as directed by the Engineer. E.13 TECHNICAL PROVISIONS STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013 -2014 TECHNICAL SPECIFICATIONS A. GENERAL NATURE OF WORK The work to be performed under this contract is described in the Notice Inviting Sealed Bids. B. PRE - CONSTRUCTION MEETING AND MISCELLANEOUS REQUIREMENTS Prior to commencing work, there will be a preconstruction meeting to be attended by the Engineer, and Contractor at which time the Contractor shall be informed of specific instructions necessary to meet construction quality standards and other documentation which may be required such as Davis -Bacon provisions. The Contractor shall submit a detailed construction schedule, traffic control plan, and components, parts, and materials specifications proposed for use on the project during this meeting. The Contractor shall secure approval of the traffic control plan prior to beginning any work. The Contractor shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or material within the one (1) year period from date of acceptance, ordinary and normal wear and tear excepted. C. PLANS AND TECHNICAL SPECIFICATIONS The plans to be utilized in conjunction with these specifications are the attached approved City of Baldwin Park Plans. For convenience and cross- reference ease, the section and subsection numbering system used in these Technical Provisions corresponds to that used in the Standard Specifications. Subsection 300 -1.3 Removal and Disposal of Materials The provisions of Subsection 300 -1.3, Removal and Disposal of Materials, shall apply except as modified and supplemented below: Excavated material shall be disposed of in a manner that adheres to all applicable federal, state, and local laws and shall be the sole responsibility of the Contractor. Material to be removed from the site shall become the property of the Contractor and shall be disposed of by adhering to the City's Construction and Demolition Debris Ordinance which species that disposal of solid waste shall be done only through the City's Franchise Hauler (Waste Management), except that recycling operations may be done by a subcontractor who in some way compensates Contractor for recyclable materials. If the latter option is chosen, the City must receive a full manifest detailing the volume (weight) of the material sold, and the location it was taken to_ E.14 D. TIME OF COMPLETION The Contract Time of Completion is specified in the Bid Schedule and the Construction Contract (Section D). E. DEFINITION OF BID ITEMS The unit prices to be paid for the items listed in the Contractor's Proposal as defined herein shall be considered full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown on the Plans, as specified herein, and as directed by the Engineer. All incidental work which is neither shown on the Plans nor otherwise specified, and which is necessary to complete the construct-Ion of improvements as shown on the Plans and as specified herein, shall be furnished and installed as though such work were shown on the Plans or specified herein, and no additional compensation will be allowed therefor. The scope of work includes, but is not limited to, each bid item listed in the Contractor's Proposal and as described in the following corresponding items: Bid Item No. 1: Mobilization: The work under this item consists of mobilizing the Contractor's workforce, labor, traffic safety control and plan per MUTCD, equipment, and tools; providing bonds and insurance; obtaining any necessary permits; obtain a City business license; and performing daily and final cleanup. All work shall be performed to the satisfaction of the Engineer. Payment at the price bid per lump sum shall be considered as full compensation for doing all work as specified above and no additional or separate compensation will be allowed therefor. Bid Item No. 2: Pole Provide Pole Street Name Signs The work under this item consist of supplying overhead reflective street name signs for locations shown and listed in Appendix 11. The RSNS shall be single sided aluminum signs with frames and with 3M Diamond Grade (DG) Reflective Sheeting (wide angle prismatic lens reflective sheeting), and shall include new pole mounting assemblies for traffic signal poles or street light poles. The RSNS shall meet or exceed California MUTCD 2012 Edition standards for Type X1 and shall be ultra violet (UV) light resistant and fade resistant for a minimum of ten (10) year out door use. The sign material shall be 18 inch tall, 0.08 inch thick flat aluminum with standard 12 Inch letters and 9 inch lower case letters. The sign material, brackets, and mounting assembly shall be per Caltrans Standard Plans and Specifications. The contractor, prior to ordering, shall submit material product and final design cut sheets for approval by the City Engineer. The product type shall be Zurnar, Nu Art, Maneri Sign, USA Traffic, or approved equal. E.15 a) This bid item is for the supplying 36 inch long Reflective Street Name Signs. Payment at the bid price per each shall be considered as full compensation for supplying signs and all hardware needed to mount and install the signs as specified above and no additional or separate compensation will be allowed therefor. Bid Item No. 3, 4, 5 Provide Overhead Reflective Street Name Signs The work under this item consist of supplying overhead reflective street name signs for locations shown and listed in Appendix IL The RSNS shall be double sided aluminum signs with frames and with 3M Diamond Grade (DG) Reflective Sheeting (wide angle prismatic lens reflective sheeting), and shall include new swivel mounting assemblies. The RSNS shall meet or exceed California MUTCD 2012 Edition standards for Type X1 and shall be ultra violet (UV) light resistant and fade resistant for a minimum of ten (10) year outdoor use. The sign material shall be 18 inch tall, 0.08 inch thick flat aluminum with standard 12 inch letters and 9 inch lower case letters. The sign material, brackets, and swivel mounting assembly shall be per Caltrans Standard Plans and Specifications. The contractor, prior to ordering, shall submit material product and final design cut sheets for approval by the City Engineer- The product type shall be Zurnar, Nu-Art, Maned Sign, USA Traffic, or approved equal. a) This bid item is for supplying 72 inch long Reflective Street Name Signs, b) This bid item is for supplying 84 inch long Reflective Street Name Signs. c) This bid item is for supplying 96 inch long Reflective Street Name Signs.. Payment at the bid price per each shall be considered as full compensation for supplying signs and all hardware needed to mount and install the signs as specified above and no additional or separate compensation will be allowed therefor. Bid Item No. 6: Labor and Equipment The work under this item consists of removing existing IISNS (Internally Illuminated Street Name Signs) frames and mounting hardware, and replacing them with highly Reflective Street Name Signs (RSNS). The work also includes removing overhead street name signs, securing signs to existing traffic signal pole mast arms, street light poles, traffic signal poles and sealing electrical terminals per "SSPVVG" including tucking and sealing wire leads into the traffic signal mast arms. Payment at the price bid per each shall be considered equipment, tools for performing all work as specified separate compensation will be allowed therefor. 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KA A ► r IMTJ STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013 -2014 November 5, 2013 The following changes to the Bid and Contract Documents shall apply to proposals made for this project. All other conditions shall remain the same. This Addendum consists of this page only. CHANGES TO THE BID AND CONTRACT DOCUMENTS - Replace section 9. of the Agreement on Page D.2 with the following: 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least twenty -five percent of the final contract .price. Approved by: avid Lopez, Date City of Baldwin Park Associate Engineer TO: FROM: DATE: SUBJECT: • r75• 5 ITEM NO. r VA Ya Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community Development M Gene Logan, Building Official December 18, 2013 SEC(3NU READING OF ®RDINANCE 1361 AD®PTIN(� `v my a evI® OF CALIFORNIA BUILDING CODE (CBC), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CMC) AND, 2013 GREEN BUILDING CODE This report requests that the City Council adopt the 2013 California Building Code (CBC), with local amendment, 2013 California Electrical Code (CEC), 2013 California Plumbing Code (CPC), 2013 California Mechanical Code (CMC), and 2013 California Green Building Code. BACKGROUND /DISCUSSION This ordinance was introduced at the City Council meeting on November 6, 2013 for first reading, and at that meeting Ordinance 1361 was approved by the City Council. The 2013 CBC, which is the state amended 2012 IBC, it provides the latest building standards used Statewide. Each California City is required to adopt the 2013 CBC to become effective on January 1, 2014. Notice for the public hearing to adopt the Ordinance 1361 was published in the San Gabriel Valley Tribune on November 14, 2013 and on November 20, 2013 Staff recommends that the City Council adopt Ordinance 1361 on second reading, read by title only and waive any further reading thereof. ATTACHMENT • Ordinance No. 1361 `� "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REPEALING CHAPTER 150 OF TITLE 15 AND ADDING A NEW SECTION TITLE 15 TO CHAPTER 150 OF BALDWIN PARK MUNICIPAL CODE BY ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2013 CALIFORNIA GREEN BUILDING CODE; THE 2013 CALIFORNIA RESIDENTIAL CODE; THE 2013 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA MECHANICAL CODE: THE 2013 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE; THE 2013 EDITION OF THE CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE; THE 2013 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE; THE 2013 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE; 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE; INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 ". WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and, WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference. Ordinance No. 1361 Page 2 of 4 SECTION 2. The City Council hereby finds and determines all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following: Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Local Geological Conditions — The City of Baldwin Park is located in the greater Los Angeles /Long Beach region which is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major ear Lhquaix Onakiuding but nvt iim�ted to ti ie I :e° IL 1.994 Nor iht"Idge Earthquake. Due to the large numbers of tall buildings in this region as well as the increased fire -life safety associated with such a seismic failure, the proposed modification to have a higher minimum base shear consistent with previous edition of the building codes need to be incorporated into the code to assure that new buildings and additions to existing buildings are designed and constructed in accordance with the scope and objectives of the State Building Codes. In addition, the City of Baldwin Park is within Seismic Design Category D and E. A severe seismic event could cause wide - spread damage, disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of rescue and fire fighting resources resulting in failure to meet the fire and life safety needs of the community. Therefore, other changes are required (i) to assure the public health and safety in connection with suspended ceilings and return walls and fins /canopies at entrances; (ii) for structural observation of the construction of certain types of buildings by the registered design professional in responsible charge for the structural design since poor quality in construction, especially for wood frame buildings, exacerbates earthquake damage and requiring that the registered design professional in responsible charge for the structural design observe the actual construction will ensure acceptable standards of workmanship and quality of construction; (iii) to limit the design of buildings based on rotation thereby restricting potential soft -story designs and excessive deflections; (iv) to establish certain performance requirements for hold -down connectors, essential to preventing failure of a shear wall due to excessive deflection, (v) to require mechanically driven nails to have the same dimension as hand driven nail resulting in improvement in the quality of construction and performance of shear wall panels, (vi) to delete Gypsum wallboard and exterior Portland cement plaster which have performed poorly during recent California seismic events (the shear values for gypsum wallboard and Portland cement stucco and staple fasteners contained in the code are based on mono - directional testing only); (vii) restrictions on conventional framing which does not address the need for a continuous load path, critical shear transfer mechanisms, connection ties, irregular and flexible portions of complex shaped structures; and (viii to reduce and eliminate electrical fire hazard at the time of any disaster, natural or manmade. Local Geological, Climatic, Topographic Conditions — The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. Ordinance No. 1361 Page 3 of 4 These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion. SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City. SECTION 4. This ordinance shall go into effect and be in full force and effect a t 12:01 -.01 a. m . on the thirty -first (31st) day after its passage. SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk's Office. PASSED AND APPROVED on the day of _, 2013 MANUELLOZANO MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERCK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I 1, ALEJANDRA / certify that the foregoing the City Council held on its regular meeting held Counc 11 Ordinance No. 1361 Page 4 of 4 ss. ,VILA, City Clerk, of the City of Baldwin Park, do hereby Ordinance No. 1361 was introduced at a regular meeting of 2013, and was adopted by the City Council at on _ —1 2013, by the following vote of the AYES: COUNCIL MEMBERS: NOES.- COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS.- ALEJANDRA AVILA CITY CLERK Exhibit A to Ordinance No. 1361 Page 1 of 55 Part 1. Administrative Provisions 150.001 TITLE. This chapter shall be known as the Baldwin Park Building Code, may be cited as such and hereinafter referred to herein as "this Code." The purpose of this Code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the city and certain equipment specifically regulated herein. i I� • The provisions of this Code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City. II. This Code is adopted pursuant to the authority granted by Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference. : i�iI�F1•�� »[• _ 31 11 19Z•Z•7jitagunLe7m"n��a7i a : • • REQUIRED. The provision of this Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated areas of the City of Baldwin Park. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit or suffer the same to be done, in Exhibit A to Ordinance No. 1361 Page 2 of 55 violation of this Chapter or in violation of any of the provisions of the Codes adopted hereunder. Exception: Public Projects located in the public way and not subject to the City of Baldwin Park land use regulations, public utility towers and poles; mechanical equipment not specifically regulated by this Code; floor control structures, buildings and structures owned and constructed by a Federal, State or other agency which authority pre -empts that of City government. 11. 9 11 91019! The provisions of this Chapter contain cross - references to the provisions of the 2013 CBC- Amended Administrative, promulgated by the International Code Council in order to facilitate reference and comparison to those provisions. § 150.007 CREATION OF DIVISION OF BUILDING & SAFETY. There is hereby contained with the City of Baldwin Park government structure the Division of Building & Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time. 1�• •• • c • A. GENERAL. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules supplemental to this Code as may be deemed necessary in order to clarify the applications and the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code. B. INTERPRETATIONS AND POLICIES. The Building Official shall have the power and authority to render interpretations of this Chapter and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, Exhibit A to Ordinance No. 1361 Page 3 of 55 procedures, rules and regulations shall be in conformance with the intent and purpose of this Chapter. 1 The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this Chapter: a. when necessary to make an inspection to enforce any of the provisions of this Chapter and the technical codes, or b. when the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this Chapter which makes the building or premises unsafe, dangerous or hazardous. 2. The Building Official shall adhere to the following procedures in making an entry: a. if such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry. b. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. C. Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection. D. STOP WORK ORDERS. When work is being done contrary to the provisions of this Chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this Chapter, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. E. OCCUPANCY VIOLATIONS. When a building or structure or building service equipment therein regulated by this Chapter and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use Exhibit A to Ordinance No. 1361 Page 4 of 55 discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. F AUTHORITY TO DISCONNECT UTILITIES. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this Chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. G. AUTHORITY TO CONDEMN BUILDING SERVICE EQUIPMENT. 1 When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. 2. The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice. 3. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within twenty four (24) hours to the serving utility, the owner and occupant of such building, structure or premises. 4. When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this Chapter, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. H. CONNECTION AFTER ORDER TO DISCONNECT. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment. 1. CUSTODIAN OF RECORDS. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the Exhibit A to Ordinance No. 1361 Page 5 of 55 responsibility to keep and maintain a permanent record of all building permits issued by the Division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method. J. LIABILITY. It is the intent of this Code to establish minimum standards for the protection of the health, safety and welfare of the public. This Code shall not be construed to establish standards of performance, strength or durability other than those specified. This Code, nor any of the services rendered in connection with its terms by City officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this Code or any permits granted hereunder. No cause of action shall arise in favor of any person against the City of Baldwin Park, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction. K. CONFLICTING PROVISIONS. 1. When conflicting provisions or requirements occur between this Chapter, the technical codes and other codes or laws, the most restrictive shall govern. 2. When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern. 3. Where in a specific case different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict Exhibit A to Ordinance No. 1361 Page 6 of 55 between a general requirement and a specific requirement, the specific requirement shall be applicable. 1. The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official. 2. The Building Official may approve an alternate, provided the Building OHIcial finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. 3. The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. 4. The details of an action granting approval of an alternate shall be recorded and entered in the records. 5. The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. M. MODIFICATIONS. 1. Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases. 2. The Building Official shall first find that: a. A special individual reason makes the strict letter of the technical code impractical; b. The modification is in conformity with the intent and purpose of the technical code, and C. Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. 3. The details of actions granting modifications shall be recorded and entered in the records. Exhibit A to Ordinance No. 1361 Page 7 of 55 4. The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense. N. TESTS AND RESEARCH REPORTS. 1 Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be A &t- maue at U le applicant's expense. 2. Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures. 3. Tests shall be made by an approved agency. 4. Reports of such tests shall be entered in the records. 5. The Building Official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. The provisions of this Code shall not be construed to conflict with the provisions of the State Housing Law, nor any other provisions of State or Federal laws. Any requirements of this Code or the codes adopted hereby, which are more restrictive shall apply. A. BOARD ESTABLISHED. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Exhibit A to Ordinance No. 1361 Page 8 of 55 Appeals shall have no authority relative to interpretations of the administrative provisions of this Code. The Board shall have no authority to waive requirements of this Code. 1. An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals. G. An application for appeal shad be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or and equally good or better form of construction is proposed. If any section, subsection, sentence, clause or phrase of this Code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this Code or the application of such provision to other persons or circumstances. Part 2. Definitions 161111 The definitions set forth in this Section shall govern the application and interpretation of this Chapter. Alter or Alteration "Alter" or "Alteration" means a change or modification in construction or building service equipment. Administrative Authority "Administrative Authority" is the Building Official or a regularly authorized deputy. Approved "Approved," as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved Agency Exhibit A to Ordinance No. 1361 Page 9 of 55 "Approved Agency" means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code "Building Code" means the Baldwin Park Building Code. Building Service Equipment "Building service equipment" refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use. CBC "CBC" means the California Building Code as adopted by the State of California. Code, Or this Code "Code and this Code" is Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted. Condominiums "Condominiums" shall mean any building or portion thereof that contains three or more dwelling units that does not meet the definition of townhouse as set forth below; for purposes of this Code, condominiums shall be classified as R-2 occupancy. Electrical Code "Electrical Code" means the Baldwin Park Electrical Code.. Existing Building "Existing Building" means a building legally erected prior to effective date of this chapter. Fin= (r)HP "Fire Code" is the International Fire Code (IFC), 2012 edition, promulgated by the International Code Council, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of regulations, and Title 24 of the California Code of Regulations. Jurisdiction "Jurisdiction" is the City of Baldwin Park. Listed and Listing "Listed" and "Listing" are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current Exhibit A to Ordinance No. 1361 Page 10 of 55 productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. Mechanical Code "Mechanical Code" is Baldwin Park Mechanical Code. Occupancy "Occupancy" is the purpose for which a building, or part thereof, is used or intended to be used. Permit "Permit" is an official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official. Plumbing Code "Plumbing Code" is the Baldwin Park Plumbing Code.. Repair "Repair" is the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance. Shall "Shall" as used in this Code is mandatory. Structure "Structure" is that which is build or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Technical Codes "Technical Codes" refer to those codes adopted by this Chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment. Townhouse "Townhouse" shall mean a single family dwelling in a row of at least three (3) such units, not more that three stories above grade, in which each unit shall be located on a separate parcel, having its own access to the outside, no unit located over another unit, and each unit shall be separated by a property line from any other unit. For the purpose of this chapter, all town houses shall be classified as R -3 occupancy. • •. N!J-1#ii • Exhibit A to Ordinance No. 1361 Page 11 of 55 ON When any structure or site is being used or constructed in violation of this Code, or any of the Codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed. M-4110KIF1111! The Building Official shall inspect or cause to be inspected a building, structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this Code, State Health and Safety Code, State Housing Regulations, or any of the codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this Code, State Health and Safety Code, State Housing Law, or any of the codes adopted by reference herein, the Building Official shall give a written Notice and Order to the owner, tenant or user of the building or property pursuant to the provisions of the State Health and Safety Code, State Housing Law and this Code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately. If a Notice and Order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the City of Baldwin Park in the processing of the Notice and Order to abate. Such processing fees shall be calculated at the rate indicated in the Schedule of Service Charges adopted by the City Council. Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds seventy-five (75) percent of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this section. , and if necessary the safety of the damaged structure will be determined by an engineering study paid by the owner of the property. ;;i� 11 11F PACE r s 0 � I F :14FAI'Mij Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this Code, any of the codes adopted by reference herein, or the State Housing Law shall be liable for, and obligated to pay to the City of Baldwin Park all costs incurred by the City in obtaining Exhibit A to Ordinance No. 1361 Page 12 of 55 abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the City its officers, agents, and employees as a result of such violation or efforts to abate the violation. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes. Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this Code, the State Housing Law or any code adopted herein, the Building Official may cause a Notice of Non-Compliance to be recorded with the County Recorder and shall notify the owner of such property of such action. The Notice of Non-Compliance shall describe the property, shall set forth the non- complying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a Notice of Release of the Notice of Non- Compliance with the County Recorder when it has been determined by the Building Official that the non-complying conditions have been corrected. y ,lm Buildings or structures or portions thereof which are regulated by this Code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the State Housing Law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this Code or any other law or ordinance, shall be declared unsafe buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this Code. It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this Code, or cause the same to be done in violation of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. The penalty shall be as set forth in Section 10.99 of Exhibit A to Ordinance No. 1361 Page 13 of 55 the Baldwin Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this Code or any codes hereby adopted by reference, State Housing Law or other applicable State or local law. Part 4. Existing Buildings and Building Service Equipment KOMWII REM BUILDINGS BUILDING ' VICE EQUIP The provisions of this Part govern the application of the technical codes to existing buildings and building service equipment. The buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this Chapter. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment. A. Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. Exhibit A to Ordinance No. 1361 Page 14 of 55 B. An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded, may not provide adequate egress in compliance with the provisions of the Building Code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life. STORIES AND ♦ ,•. A. A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the Building Code for new buildings. B. A building plus new additions, shall not exceed the height, number of stories and area specified by the Building Code for new buildings. CODE REQUIREMENTS. Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the Building Code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken. EXCEPTION: Alterations of existing structural elements, or additions of new structural elements which are initiated only for the purpose of increasing the lateral- force - resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: 1. The capacity of existing structural elements required to resist forces is not reduced; 2. The lateral loading to required existing structural elements is not increased beyond their capacity, 3. New structural elements are detailed and connected to the existing structural elements as required by these regulations; 4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and 5. An unsafe condition is not created. Exhibit A to Ordinance No. 1361 Page 15 of 55 Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Building Official. Installation or replacement of glass shall be as required for new installations. Building service equipment lawfully in existence prior to the effective date of this Chapter, may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment. § 150.048 EXISTING OCCUPANCY. A. Buildings in existence prior to the effective date of this Chapter may have their existing use or occupancy continued if the use or occupancy was legal prior to the effective date of this Chapter, and provided continued use is not dangerous to life, health and safety. B. A change in the use or occupancy of any existing building or structure shall comply with the provisions of this Code. A. Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. B. Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. C. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. D. The Building Official may cause a structure to be reinspected to determine compliance with this subsection. Buildings, structures and their building service equipment moved into or within the City shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment. M Z Z 1:1 41*010 Exhibit A to Ordinance No. 1361 Page 16 of 55 A. Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC Section 3103. B. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. L'i I M 1 1 r-*A 9 1 &A C01014 10 1 M I 111 -111 Z Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made provided: A. The building or structure has been designated by official action of the legally constituted authority of the City as having special historical or architectural significance. B. Unsafe conditions as described in this Chapter are corrected. C. The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building. D. The structure meets the requirement of 2013 California Historical Building Code, Part 8 of Title 24. Except as specified in this Part, no building, structure or building service equipment regulated by this Chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. § 150.061 WORK EXEMPT FROM PERMIT. A. A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this Part. B. Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or City ordinances. Exhibit A to Ordinance No. 1361 Page 17 of 55 A. A building permit shall not be required for the following: 1 One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 M2), the building is 14 feet or less in height, and does not contain electrical, mechanical or plumbing work. 2. Fences not over seven (7) (2134 mm) high. 1) 0 -c'- it U err 1 K s. 4. Non-fixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches (1753 mm) high. 5. Retaining walls which are not over four (4) feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class 1, 11 or 111-A Liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons (18925 liters) and the ratio of height to diameter or width does not exceed two to one. 7. Platforms, sidewalks and driveways not more than thirty (30) inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route. 8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings supported by an exterior wall of detached one- and two-family dwellings, and Group U Occupancies when projecting not more than fifty-four (54) inches (1372 mm) and do not require additional support 13. Prefabricated swimming pools accessory to a detached one- and two- family dwellings. Occupancy in which the pool walls are entirely above Exhibit A to Ordinance No. 1361 Page 18 of 55 the adjacent grade and if the capacity does not exceed five thousand (5,000) gallons (18925 liters), and less than twenty-four (24) inches (610 mm) deep. 14. Replacement, repair or overlay of less than ten percent (10%) of an existing roof within any twelve (12) month period. B. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items. A plumbing permit shall not be required for the following: 1 The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. VIIIII 0,! 1 ; , ipl 1111 1 i i A A N A mechanical permit shall not be required for the following: 1. A portable heating appliance. 2. Portable ventilating equipment. 3. A portable cooling unit. 4. A portable evaporative cooler. 5. A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the Mechanical Code. 6. Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes. Exhibit A to Ordinance No. 1361 Page 19 of 55 7. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes. 8. A unit refrigerating system as defined in the Mechanical Code. I An electrical permit shall not be required for the following: 1 Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, conductor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefore. 6. Replacement of any over current device of the required capacity in the same location, except service equipment. 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty five (25) volts and not capable of supplying more than fifty (50) wafts of energy, except in hazardous (classified) locations. Exhibit A to Ordinance No. 1.361 Page 20 of 55 13. Low-energy power, control and signal circuits of Class 11 and Class III as defined in the Electrical Code. 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. 1510121_11 111111711! . 0 1 A , 0 . . 150.0�A A � A � �MMII� 1 -1 APP-LIkAA I IVIN rum rr_M1V1 1. A. T o obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the Building Official for that purpose. B Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC Section 107. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as may be required by the Building Official. C. The work to be covered by the permit for which application is made, shall comply with the Code, standards, and laws in effect at the time such application is filed with the Building Official. A. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall Exhibit A to Ordinance No. 1361 Page 21 of 55 constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. Plans must be wet signed sealed with expiration date on the stamp inserted by the licensed engineer or the licensed architect. . B. When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. C. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. D. EXCEPTION: The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Chapter. MINJI 01: MMIVAILOR A. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and all relevant laws, ordinances, rules and regulations. B. Plans for buildings of other than detached one- and two- family dwellings and Group U Occupancies shall indicate how required structural and fire- resistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. r r a�a��iT��`Cr71 �I�- fZs7�7��IiT:7� A. When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. B. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. C. The Building Official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. D. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. Exhibit A to Ordinance No. 1361 Page 22 of 55 A. For the purposes of this Chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period. B. Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents. Additional plan review fee shall be paid by the applicant for deferred submittals for review by the Building Official prior to their installation. C. Submittal documents for deferred submittal items shall be submitted to the registered design architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. D. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. A. When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the permit. B. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors. C. The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work. D. When structural observation is required by CBC Chapter 17, the observation program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. E. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. A. Except as provided below, a permit application shall expire if no permit is issued within one year after the date the permit application is filed. A permit Exhibit A to Ordinance No. 1361 Page 23 of 55 application filed prior to the effective date of this Chapter, shall expire if no permit is issued within one year after the date the permit application is filed. The Building Official may issue a permit for work shown on an expired application for a permit without requiring the re- submittal of plans and payment of a plan review fee provided: 1. No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and 2. No pertinent laws or ordinances have been amended subsequent to the date the original application was filed, and 3. The time allowed to obtain the permit does not exceed one year and one month from the date the original application was filed; and 4. Circumstances beyond the control of the applicant have prevented action from being taken. B. Except as provided in this Section, no action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. To obtain a permit, applicants shall submit a new application, documents and pay a new plan review fee. All applicable codes, standards, and laws in affect at the time of the new application shall then apply to the project. Part 7. Permit Issuance A. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be reviewed by other City departments to verify compliance with other applicable laws. B. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Chapter and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid, the Building Official shall issue a permit therefore to the applicant. C. The Building Official shall endorse, in writing or stamp, the required plans and specifications. Exhibit A to Ordinance No. 1.361 Page 24 of 55 D. Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this Chapter shall be done in accordance with the approved plans. Vii; - - -• • - • A. The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. B. The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted. A. One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than one hundred eighty (180) days from the date of completion of the work covered therein or as required by the State or local laws. B. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. i i ) *; A. The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this Chapter or the technical codes, or of any other law or ordinance. B. Permits presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. C. The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this Chapter or of any other City ordinances. i i Exhibit A to Ordinance No. 1361 Page 25 of 55 A. Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. B. All permits shall expire by limitation of time and become null and void unless an inspection indicating substantial progress in construction has been requested and performed every 180 days or sooner. C. Before work terminated � ooil dated pursuant to subsection B above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. D. The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year. E. If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full. A. A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, if the permittee can demonstrate that, for good and satisfactory reasons, it is not feasible to commence the work within the required time. B. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. C. Permits shall not be extended more than once, except that, the Building Official may approve a maximum of one CONSECUTIVE additional extension of one hundred and eighty (180) days when the applicant demonstrates that special unusual circumstances exist. In this case, the Building Official may require that additional fees be paid and plans be revised to partially or fully comply with the current codes. D. Permit time extension when there are multiple permits on a single project must comply with all of the following: 1. For the purpose of permit expiration, all permits associated with a single project (i.e., same address, suite, portion of building) will be considered Exhibit A to Ordinance No. 1361 Page 26 of 55 as one project. If an inspection has been performed on any of the permits for the project, all permits will be considered to have been extended for an additional 180 days. However, no permit more than three years old may be extended by the extension of another permit on the same project. 2. In order to extend a permit described in subsection 1, above, one of the permits must be extended subject to aforementioned limitations and payment of required fees. Additionally, an inspection indicating that the applicant has made substantial progress must be requested and performed on the permit that has been extended within 180 days, from the date of permit issuance. An expired building permit may be renewed provided it has not been expired for more than one (1) year, no changes have been made to the plans or specifications previously approved by the expired permit and appropriate permit renewal fees are paid. In instances where work has been initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to the degree of progress made on the work authorized by the permit. Permit renewal fees shall be assessed by the Building Official pursuant to latest adopted fees. 150.088 PERMIT SUSPENSION OR REVOCATION. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete, or fraudulent information provided by the applicant, or when such permit is in violation of an ordinance, regulation, State law or the provisions of this Code. All suspension or revocation of permits must be in writing showing the cause and the time period for such action. 1 • K 11 9 Except where special building designs or other mitigation measures have been approved by the Building Official and co- operating officials of other City and County agencies, a building permit may be denied where physical features of a building site are such that denial of the building permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical features which justify denial of a permit shall include but shall not be limited to the following: 1. Precipitous cliffs or other adjacent vertical landmasses of unknown stability. 2. Unstable soils or geologic conditions. 3. Terrain, which is subject to flooding or severe soil erosion. Exhibit A to Ordinance No. 1361 Page 27 of 55 4. Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous material. All fees required pursuant to this Chapter shall be paid in the amount established set forth in the Schedule of Service Charges established by resolution of the City Council. 150.10-1 PLAN REVIEW FEES). A. When a plan or other data is required to be submitted with an application for permit, pursuant to this Chapter, a Plan Review Fee shall be paid at the time of submitting plans and specifications for reviewing. The Plan Review Fee is separate and in addition to the Building Permit Fee. B. The Plan Review Fee shall be as set forth in the Schedule of Service Charges established by resolution of the City Council, plus a surcharge as set forth in the Schedule of Service Charges if additional plan review is required for the accessibility for the disabled and /or energy conservation standards as set forth in Title 24 of the California Code of Regulations. C. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in this Chapter an additional plan review fee shall be charged at the rate established in the Schedule of Service Charges. D. Whenever a permit is requested for the construction of a single - family or duplex structure as part of a subdivision previously plan- checked and approved, a fee as set forth in the Schedule of Service Charges established by the City Council for each such structure shall be paid at the time of application for each such Building Permit. E. The amount of initial plan review fee for submittal of a model plan as defined herein shall be the full plan review fee as specified above. The plan review fee for subsequent submittal of a plan which qualifies as a model plan shall be one -half (1/2) the plan review fee. A "model plan" is hereby defined as a prototype plan for a building or structure which is to be utilized on more than one site, and which incorporates the same structural features, dimensions, and calculations as the original approved plan. F. Upon request to review plans on file, a fee as set forth in the Schedule of Service Charges shall be paid, if the plans for such building or structure must be obtained from the City storage vault. Exhibit A to Ordinance No. 1361 Page 28 of 55 A. Whenever any work for which a permit is required by this Chapter has been commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work. B. The Investigation Fee in an amount set forth in the Schedule of Service Charges, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The Investigation fee shall not be less than 50% of the total permit fees as determined by the Building Official. D. The payment of such Investigation Fee shall not exempt any person from compliance with all other provisions of this Chapter nor from any penalty prescribed by law. § 150.103 FEE REFUNDS. A. The Building Official may authorize partial refunding of any fee paid hereunder which was erroneously paid or collected. B. The Building Official may authorize the refunding of not more than eighty (80%) percent of the Permit Fee paid when no work has been done under a Permit issued in accordance with this Chapter. A processing fee of $100.00 shall be deducted from the refund amount. Permit fee under $100.00 is non- refundable. C. The Building Official may authorize the refunding of not more than eighty (80%) percent of the Plan Review Fee paid when an application is withdrawn or canceled before any plan reviewing has been started, and the refund amount is not less than or equal to one hour of plan review service fee. A processing fee of $100.00 shall be deducted from the refund amount. Plan review fee under $ 200.00 is non-refundable. D. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred and eighty (180) days after the date of fee payment. 1611]J11T.'M :a 9 to] 0 A. Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the Building Official has no jurisdiction for issuance of permits. B. However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees shall be charged. Exhibit A to Ordinance No. 1361 Page 29 of 55 Part 9, inspections t-1115 -• • A. Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special inspection and structural observation as specified in Chapter 17 of the CBC. B. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Chapter or of other City ordinances. Inspections presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. C. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. D. A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. E. All inspections specified herein shall be at the discretion of the Building Official and nothing in the CBC or in this Chapter shall be construed as requiring the City to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the CBC nor this section shall be construed to hold the City or any officer, employee or representative of the City, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or re- inspection. M115 E •' • A. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. B. The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the Building Official. A. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. Exhibit A to Ordinance No. 1361 Page 30 of 55 B. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. C. It shall be the duty of the person requesting any inspections required either by this Chapter or the technical codes to provide access to and means for inspection of the work. A. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. B. Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. C. The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this Chapter. D. Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. E. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. % V1 #A S Before issuing a permit, the building official is authorized to examine or cause to be examined, buildings, structures and sites for which an application has been filed. The Building Official, upon notification, shall make the following inspections: A. Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards ASTM C94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the Building Official. Building Pad Grade Certification and Compaction Report is required Exhibit A to Ordinance No. 1361 Page 31 of 55 prior to Foundation Inspection on the form provided by the jurisdiction as approved by the Building Official. B. Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the sub-floor. C. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved. T- 1- - made -1- aft r the roof, framing, fire blocking and U Framing Inspection. I a De made Tie n T, T1 D bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved. E. Lath and/or wallboard inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished. F. Fire-resistant penetrations. (CBC Chapter 1, Section 110.3.6) Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. G. Energy efficiency inspections. (CBC Chapter 1, Section 110.3.7) Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HAVC and water- heating equipment efficiency. H. Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use. LAMM` A. General. Building service equipment for which a permit is required by this Chapter shall be inspected by the Building Official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Building Official. B. Operation of building service equipment The requirements of this section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied Exhibit A to Ordinance No. 1361 Page 32 of 55 portion of the building in the event a request for inspection of such building service equipment has been filed with the Building Official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building. In addition to the called inspections specified above, the Building Official may make or require other inspections of construction work to ascertain compliance with the provisions of this Chapter or technical codes and other applicable laws and ordinances of this City. i A. A re- inspection fee may be assessed for each inspection or when such portion of work for which inspection is called is not complete or when corrections called for are not made. B. This section is not to be interpreted as requiring fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. C. fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. D. To obtain a re- inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the fee in accordance with the Schedule of Fees. E. In instances where fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. Special inspection shall be provided in accordance with Section 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official. 1 I I 1 0 0. .0 c Pursuant to the requirements of CBC section 1704, each contractor responsible for the construction of a main wind -or seismic - force - resisting system, designated seismic system or a wind - or seismic resisting component listed in the Exhibit A to Ordinance No. 1361 Page 33 of 55 statement of special inspections shall submit a written statement of responsibility to the Building Official and the owner prior to the commencement of work on the system or component. The contractor's statement of responsibility shall contain acknowledgement of awareness of the special requirements contained in the statement of special inspection. Structural observation shall be provided in accordance with Section 1704 of the CBC. Additional structural observation may be required when deemed necessary by the Building Official. Structural observation does not include or waive any inspection required by this Code- 4 150.122 CONNECTION TO UTILITIES. A. Energy Connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this Chapter, until approved by the Building Official. B. Temporary Connections. The Building Official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. This temporary connection will be allowed for a specific purpose and for a specific period of time. The temporary connection must be removed or detached when the permitted time period is over. Part 10. Certificate of Occupancy 141111511MIM •- t - A. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore as provided herein. B. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Chapter or of other City ordinances. C. Certificates presuming to give authority to violate or cancel the provisions of this Chapter or of other City ordinances shall not be valid. Exhibit A to Ordinance No. 1361 Page 34 of 55 Changes in the character or use of a building shall not be made except as specified in the Building Code. 61 &040111 MIA 0 After the Building Official inspects the building or structure and finds no violations of the provisions of this Chapter or other laws, the Building Official shall issue a certificate of occupancy which shall contain the following: A . Ming permit number. A. The builul L L) B. The address of the building. C. The name and address of the owner. D. A description of that portion of the building for which the certificate is issued. E. A statement that the described portion of the building has been inspected for compliance with the requirements of this Chapter for the group and division of occupancy and the use for which the proposed occupancy is classified. F The name of the Building Official. G. The edition of the code under which the permit was issued. H. The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC. I. The type of construction as defined in Chapter 6 of the CBC. J. The design occupant load. K. If an automatic sprinkler system is provided, whether the sprinkler system is required. L. Any special stipulations and conditions of the building permit. Exhibit A to Ordinance No. 1361 Page 35 of 55 A. If the Building Official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure. B. Applicant shall pay required fees prior to issuance of temporary certificate of occupancy. C. The Building Official will develop policies and procedures to administer issuance of a temporary certificate of occupancy. 150.134 POSTING. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this Chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this Chapter. ♦ 111 11111111111 111 Oil ��. MIME, 1 • ' • A. The International Building Code, 2012 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code. B. The International Residential Code, 2012 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code. C. The California Green Building Standards Code, 2013 edition, including the Exhibit A to Ordinance No. 1361 Page 36 of 55 appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building Code. The following portions of the California Green Building Standard Codes are amended as follows: Section 304.1 Purpose. Voluntary tires are intended to further encourage building practices that improve public health, safety and general welfare by promoting the use of building concepts which minimizes the building's impact on the environmental and promote a more sustainable design. Section 304.1.1 Tiers: The provisions of Division A4.6 Tier 1 for Residential are adopted and enacted, as the mandatory tiers. The verification of requirement of these provisions shall be made by the jurisdiction. SECTION A4.602 'ISIDENTIAL OCCUPANCIES APPLICATION CHECKLIST (continued) 2013 CALIFOVIII& GREEN BUILDING STANDARDS CODE 85 VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electives' Enforcing Agency Installer or Third Designer party FEATURE OR MEASURE Mandatory Tier I _J Tier All All _A111— PLANNING AND DESIGN Site Selection A4.103.1 A site which complies with at least one of the following characteristics is selected: 1. An infill site is selected. 13 2. A greyfield site is selected. ❑ ❑ 171 ❑ 171 3, An EPA-recognized Brownfield site is selected ❑ ❑ ❑ A4.103.2 Facilitate community connectivity by one of the following methods: 1. Locate project within a 1/4-mile true walking distance of at least 4 basic services; ❑ ❑ ❑ ❑ ❑ 2. Locate project within 1/2-mile true walking distance I of at least 7 basic services; ❑ ❑ ❑ ❑ ❑ 3. Other methods increasing access to additional resources. ❑ ❑ ❑ ❑ ❑ Site Preservation A4.104.1 An individual with oversight responsibility for T the project has participated in an educational program promoting environmentally friendly design or development ❑ ❑ ❑ ❑ ❑ and has provided training or instruction to appropriate entities.— Deconstruction and Reuse of Existing Materials A4.105.2 Existing buildings are disassembled for reuse or recycling of building materials. The proposed structure utilizes at lust one of the following materials which can be easily reused: 1. Light fixtures 2. Plumbing fixtures ❑ ❑ ❑ ❑ ❑ 3. Doors and trim 1 4. Masonry 5, Electrical devices G. Appliances 7. Foundations or portions of foundations Site Develo ent 14.106.2 A plan is developed and implemented to manage stonn water drainage during construction- 1X7 4.106.3 Construction plans shall indicate how site grading or a drainage system will manage all surface water flows FRI to keep water from entering buildings. A4.106.1 Reserved. ❑ A4.1061.1 Soil analysis is performed by a licensed design professional and the findings utilized in the structural design of the buil ing. (continued) 2013 CALIFOVIII& GREEN BUILDING STANDARDS CODE 85 SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 86 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electives' Enforcing Agency Installer or Designer Third party FEATURE OR MEASURE ❑ ❑ ❑ Mandatory Tier 1 Tier 2 All All All A4.106.2.2 Soil disturbance and erosion are minimized by at least one of the following: 1. Natural drainage patterns are evaluated and ❑ ❑ ❑ ❑ ❑ erosion controls are implemented to minimize erosion during construction and after occupancy. 2. Site access is accomplished by minimizing the ❑ ❑ ❑ ❑ ❑ amount of cut and fill needed to install access roads and driveways. 3. Underground construction activities are ❑ ❑ ❑ ❑ ❑ coordinated to utilize the same trench, minimize the amount of time the disturbed soil is exposed and the soil is replaced using accepted compaction methods. A4,106.2,24 Topsoil shall be protected or saved for reuse as specified in this section. Tier 1. Displaced topsoil shall be stockpiled for pp 2 reuse in a designated area and covered or protected from erosion. Tier 2. The construction area shall be identified and [g]2 delineated by fencing or flagging to limit construction activity to the construction area. A4.106.3 Postconstruction landscape designs accomplish one or more of the following: 1. Areas disrupted during construction are restored ❑ 13 to be consistent with native vegetation species and patterns. 2, Limit turf areas to the greatest extent possible. a. Not more than 50 percent for Tier I b, Not more than 25 percent for Tier 2. ❑ ❑ ❑ ❑ 3, Utilize at least 75 percent native California or ❑ ❑ ❑ ❑ ❑ drought tolerant plant and tree species appropriate for the climate zone region. 4. Hydrozoning irrigation techniques are ❑ ❑ ❑ ❑ ❑ incorporated into the landscape design. A4.106.4 Permeable paving is utilized for the parking, walking or patio surfaces in compliance with the following: Tier 1. Not less than 20 percent of the total parking, rx-12 ❑ ❑ ❑ walking or patio surfaces shall be permeable. I Vier 2. Not less than 30 percent of the total parking, M2 ❑ ❑ ❑ walking or patio surfaces shall be permeable. A4.106.5 Roofing materials shall have a minimum 3-year aged solar reflectance and thermal emittance or a minimum Solar Reflectance Index (SRI) equal to or greater than the values specified in Tables A4.106,5, 1 (1) and A4,106.5.1(2) for low-rise residential buildings and Tables A4.106.5.1(3) and A4.106.5,1(4) for high rise residential buildings. Low-rise Residential Tier 1 roof covering shall meet or exceed the values contained in Table A4.106.5. I (]). ©2 Tier 2 roof covering shall meet or exceed the values contained in Table A4. 106.5,1(2). 21 2 High -rise Residential, Hotels and Motels Tier I roof covering shall meet or exceed the values contained in Table A4A06.5.1(3). MX 2 Tier 2 roof covering shall meet or exceed the values contained in Table A4.106.5.1(4). (continued) 86 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 87 VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electives' Enforcing Installer or Third FEATURE OR MEASURE Agency Designer party Mandatory Tier I Tier 2 All All All— A4.106.6 Install a vegetated roof for at least 50 percent of the ❑ ❑ ❑ ❑ ❑ roof area. Vegetated roofs shall comply with requirements for roof gardens and landscaped roofs in the California Building Code, Chapters 15 and 16. A4.106.7 Reduce nonroof heat islands for 50 percent of ❑ ❑ ❑ ❑ ❑ sidewalks, patios, driveways or other paved areas by Using one or more of the methods listed. A4.106.8 Provide capability for the installation of electrical ❑ ❑ ❑ ❑ ❑ vehicle supply equipment in single-family and multifamily structures. A4.1069 Provide bicycle parking facilities as Doted below or meet a local ordinance, whichever is more stringent. Number of bicycle parking spaces may be reduced, as approved by the enforcing agency, due to building site characteristics, including but not limited W, isolation from other development- 1. Provide short-term bicycle parking, per Section A4.106.9.1. 2. Provide long-term bicycle parking for multifamly ❑ buildings, per Section A4.106.9.2. 171 3. Provide long-term bicycle parking for hotel and motel buildings, per Section A4.106.9.3. 0 0 0 0 A4.106.10 [HRI Outdoor lighting systems shall be designed and installed to comply with: 1. The minimum requirements in the California Energy Code for Lighting Zones 1-4. and 2. Backlight, Uplight and Glare (BUG) ratings as defined in ❑ ❑ ❑ ❑ ❑ IES TM- 15 -1.1; and 3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or Comply with a lawfully enacted local ordinance, whichever is ❑ ❑ ❑ ❑ ❑ more stringent, L_ I (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 87 SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKUST—continued LE (continued) LEVELS VERIFICATIONS APPLICANT TO SELECT ELECTIVE ENFORCING AGENCY TO SPECIFY MEASURES VERIFICATION METHOD Prerequisites and efectivesi Enforcing Installer or Third FEATURE OR MEASURE Agency Designer party 0 11 11 Mandatory Tier 1 Tier 2 All All All Innovative Concepts and Local Environmental Conditions A4.107.1 Items in this section are necessary to address innovative concepts or local environmental conditions. Item 1 ❑ ❑ Item 2 ❑ ❑ ❑ ❑ ❑ ❑ Item 3 ❑ ❑ ❑ ❑ ❑ ❑ Energy Efficiency General 4.201.1 Building meets or exceeds the requirements of the El 02 lK2 0 11 El California Building Energy Efficiency StandardS3. Performance Approach for Newly Constructed Buildings A4.203.1.1.1 An Energy Design Rating for the Proposed Design Building is included in the Certificate of Compliance 02 [K2 ❑ ❑ ❑ documentation. A4.203.1.1.2 Qll procedures specified in the Building Energy Efficiency Standards Reference Residential Appendix RA3.5 are p2 02 ❑ ❑ ❑ completed. A4.203.1.1-3 All permanently installed lighting is high efficiency 02 pxi 2 and has required controls. A4.203.1.2.1 The Energy Budget is no greater than 85 percent of the Title 24, Part 6, Energy Budget for the Proposed Design C2 ❑ ❑ 1-] Building. A4.203.1.2.2 The Energy Budget is no greater than 70 percent of the Title 24, Part 6, Energy Budget for the Proposed Design E]2 Building. Performance Approach for Additions and Alterations A4.204.1.1.1 All newly installed, permanently installed lighting 2 Q2 ❑ ❑ 13 is high efficacy and has required controls. A4.204.1.2.1 When one and only one mechanical system is added or modified, the Energy Budget is no greater than 95 percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building. When two or more mechanical systems are DX ❑ ❑ added or modified, the Energy Budget is no greater than 90 percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building, A4.204.1,2.2 When one and only one mechanical system is added or modified, the Energy Budget is no greater than 90 percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building. When two or more mechanical systems are ❑ added or modified, the Energy Budget is no greater than 85 percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building. LE (continued) RESIDENTIAL VOLUNTARY MEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 89 VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electives' Enforcing Installer or Third Agency Designer party FEATURE OR MEASURE WATER EMCIENCY AND CONSERVATION Al All Mandatory 1 Tier 1 Tier 2 All Ali AEI 91 ❑ ❑ ❑ Indoor Water Use 4.303.1 Plumbing fixtures (water closets and urinals) and fittings (faucets and showarheads) installed in residential buildings shall comply with the prescriptive requirements of Sections 4.303.1.1 through 4.393.1.4.4. 4303.2 Plumbing fixtures and fittings required in Section 4303.1 shall be installed in accordance with the El California Plumbing Code, and shall meet the applicable referenced standards. A4303.1 Kitchen faucets. The maximum flow rate of kitchen faucets shall not exceed 1.5 gallons per minute at 60 psi. Kitchen faucets may temporarily increase the flow above the maximum rate, but not to exceed 2.2 gallons per minute at 60 psi, and must default to a maximum flow 1_1 ❑ ❑ 1 ❑ i ❑ rate of 1.5 gallons per minute at 60 psi. Note: Where complying faucets are available, aerators or other means may be used to achieve reduction. A4.303.2 Alternate water source for nonpotable applications. Alternate nonpotable water sources are used for indoor potable water reduction. Alternate nonpotable ❑ water sources shall be installed in accordance with the California Plumbing Code. A4,3033 Appliances. Dishwashers and clothes washers in residential buildings shall comply with the following: Install at least one qualified ENERGY STAR appliance with maximum water use as follows: 1. Standard Dishwashers - 4.25 gallons per cycle, 1 ❑ ❑ ❑ ❑ ❑ 2, Compact Dishwashers - 3.5 gallons per cycle. ❑ ❑ ❑ ❑ ❑ 3. Clothes Washers - water factor of 6 gallons per cubic feet of drum capacity. ❑ ❑ ❑ ❑ ❑ A4.303.4 Nonwater supplied urinals or waterless toilets are installed. ❑ ❑ ❑ 13 ❑ Outdoor Water Use 4.304.1 Automatic irrigation systems controllers installed at the time of final inspection shall be weather or soil MX ❑ ❑ ❑ moisture-based. A4.304.1 Install a low-water consumption irrigation system which minimizes the use of spray typeheads. ❑ A4.304-2 A rainwater capture, storage and re-use system is designed and installed. ❑ ❑ ❑ ❑ ❑ A4.304.3 A water budget shall be developed for landscape irrigation. Ell OZ El ❑ ❑ I - (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 89 ; , � , I a � I 1 1. 1 " IK Z SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 90 2013 CALIFORNIA GREEN BUILDING STANDARDS CODA VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD FEATURE OR MEASURE Prerequisites and electives - Enforcing Installer or Third Agency Designer party El 11 ❑ Mandatory Tier 1 Tier 2— All All All A4304.4 Provide water efficient landscape irrigation ❑ ❑ ❑ design that reduces the use of potable water. Tier 1, Does not exceed 65 percent of ETo times the Z2 landscape area. Tier 2. Does not exceed 60 percent ofETb times the o2 landscape area. A4.304.5 A landscape design is installed which does not utilize potable water. A304.6 For new water service connections, landscaped irrigated areas more than 2,500 square feet shall be ❑ ❑ ❑ ❑ ❑ provided with separate submeters or metering devices for outdoor potable water use. 'WATER REUSE SYSTEMS A4.305.1 Piping is installed to permit future use of a graywater irrigation system served by the clothes ❑ ❑ ❑ ❑ ❑ washer orol—erfixtures. A4_305.2 Recycled water piping is installed, ❑ 1 ❑ ❑ ❑ ❑ A4305.3 Recycled water is used for landscape ❑ irrigation. Innovative Concepts and Local Environmental Conditions A4.306.1 hems in this section are necessary to address innovative concepts or local environmental conditions. Item 1 ❑ ❑ ❑ ❑ ❑ ❑ Item 2 ❑ ❑ ❑ 1:1 ❑ ❑ Item 3 ❑ ❑ ❑ ❑ ❑ 1:1 MATERIAL CONSERVATION AND RESOURCE EFFICIENCY Foundation Systems A4.403.1 A Frost-protected Shallow Foundation ❑ ❑ ❑ ❑ (FPSF) is designed and constructed. A4.403.2 Cement use in foundation mix design is ❑ ❑ ❑ reduced. Tier I. Not less than a 20 percent reduction in N12 cement use. Tier 2. Not less than a 25 percent reduction in nX cement use. Efficient Framing Techniques A4.404.1 Beams and headers and trimmers are the 0 1771 0 ❑ ❑ minimum size to adequately support the load. A4.404.2 Building dimensions and layouts are designed ❑ ❑ 0 13 D to minimize Waste. A4.404-3 Use premanufactured building systems ❑ 0 ❑ ❑ ❑ eliminate solid sawn lumber whenever -po,ssib A4.404.4 Material lists are included in the plans which I specify material quantity and provide direction for ❑ ❑ ❑ on-site cuts. (continued) 90 2013 CALIFORNIA GREEN BUILDING STANDARDS CODA SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 91 VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD FEATURE OR MEASURE Prerequisites and electives' Enforcing Agency Installer or Designer Third party ❑ ❑ ❑ Mandatory Tier I Tier 2 All All All Material Sources A4,405.1 One or more of the following building materials, ❑ ❑ ❑ ❑ ❑ that do not require additional resources for finishing are used: 1. Exterior trim not requiring paint or stain 2. Windows not requiring paint or stain 3. Siding or exterior wall coverings which do not require paint or stain A4.405.2 Floors that do not require additional coverings are used including but not limited to stained, natural or ❑ ❑ ❑ El ❑ stamped concrete floors. A4.405.3 Postconsumer or preconsumer recycled content value (RCV) materials are used on the project. Tier 1. Not less than a I0- percent recycled content value. Ti—). Not less than a 15--ercent re—cled content i rxi 2 value. A4.405A Renewable source building products are used. ❑ E" Enhanced Durability, and Maintenance _Reduced 4.406.1 Annular spaces around pipes, electric cables, ❑ ❑ ❑ conduits or other openings in plates at exterior walls shall be protected against the passage of rodents by closing such openings with cement mortar, concrete masonry or similar method acceptable to the enforcing agency. Water Resistance and Moisture Managernent A4.407.1 Install foundation and landscape drains. ❑ A4.407.2 Install gutter and downspout systems to route water at least 5 feet away from the foundation or connect to landscape drains which discharge to a dry well, sump, bioswale, rainwater capture system or other approved on-site location. A4.407-3 Provide flashing details on the building plans and comply with accepted industry standards or 13 manufacturer's instructions. A4.407.4 Protect building materials delivered to the construction site from rain and other sources of moisture. ❑ ❑ ❑ ❑ ❑ A4.407-5 In Climate Zone 16 an ice/water barrier is installed at roof valleys, eaves and wait to roof ❑ ❑ ❑ ❑ 0 intersections. A4.407.6 Exterior doors to the dwelling are protected to prevent water intrusion. ❑ --I ❑ ❑ 1-] ❑ A4,407.7 A permanent overhang or awning at least 2 feet in depth is provided. j ❑ (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 91 0 SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 92 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electivesi Enforcing Installer or Third FEATURE OR MEASURE Agency Designer party ❑ ❑ ❑ Mandatory Tier 1 Tier 2 All All All Construction Waste Reduction, Disposal and Recycling 4.408.1 Recycle and/or salvage for reuse a minimum of 50 MX ❑ ❑ ❑ percent of the nonhazardous construction and demolition waste in accordance with one of the following: 1. Comply with a more stringent local construction and demolition waste management ordinance; or 2. A construction waste management plan, per Section 4.408.2; or 3. A waste management company, per Section 4.408.3; or 4.The waste stream reduction alternative, per Section 4,409.4. A4,408.1 Construction waste generated at the site is diverted to recycle or salvage in compliance with one of the following: 1. Ti er I at least a 65 p ercern reduction, u Lj Li ❑ 2, Tier 2 at least a 75 percent reduction. D2 0 ❑ ❑ Exception: Equivalent waste reduction methods are developed by working with local agencies, Building Maintenance and Operation 4.410.1 An operation and maintenance manual shall he to the building occupant or owner. .Eroyjtkd Innovative Concepts and Local Environmental Conditions 1 A4.411.1 Items in this section are necessary to address I innovative concepts or local environmental conditions. Item 1 ❑ ❑ ❑ ❑ ❑ ❑ Item 2 ❑ ❑ ❑ ❑ ❑ ❑ Item 3 ❑ ❑ 1 ❑ ❑ ❑ ❑ ENVIRONMENTAL QUALITY Fireplaces 4.503.1 Any installed gas fireplace shall be a direct-vent sealed-combustion type. Any installed woodstave or pellet stove shall comply with US EPA Phase It emission limits [El ❑ ❑ ❑ where applicable. Woodstovm pellet stoves and fireplaces shall also comply with applicable local ordinances. Pollutant Control 4.5041 Duct openings and other related air distribution component openings shall be covered during construction. 4.504.2.1 Adhesives, sealants and caulks shall be compliant with VOC and other toxic compound limits. 4.504.2.2 Paints, stains and other coatings shall be compliant with VOC limits, 4.504.23 Aerosol paints and coatings shall be compliant with product weighted MIR limits for ROC and other toxic Fxl ❑ ❑ ❑ compounds. 4.504.2.4 Documentation shall be provided to verify that compliant VOC limit finish materials have been used, IE ❑ ❑ ❑ (continued) 92 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE F.TWINN WRIJIUMAIN SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 93 VERIFICATIONS LEVELS APPLICANT TO SELECT ELECTIVE MEASURES ENFORCING AGENCY TO SPECIFY VERIFICATION METHOD FEATURE OR MEASURE Prerequisites and electives' Enforcing Installer or Third Agency Designer party ❑ Mandatory Tier Tier All Ail All 4.504.3 Carpet and carpet systems shall be compliant ❑ E) ❑ with VOC limits. 4,504.4 90 percent of floor area receiving resilient flooring shall comply with the VOC-emission limits defined in .be Collaborative for High Performance Schools (CHPS) High Performance Products Database or be certified under the Resilient Floor Covering Institute (RFCI) FloorScore program; or meet California Dept. of Public Health, "Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers", Version 1. 1, February 2010 ` (also known as Specification 01350.) 4.504.5 Particleboard, medium density fiberboard (MDF) and hardwood plywood used in interior finish ❑ El ❑ systems shall comply with low formaldehyde emission standards, 414.504.1 'Use composite wood products inadde With either California Air Resources Board approved ❑ El 0 13 13 no-added formaldehyde (NAF) resins or ultra-low emitting formaldehyde (ULEF) resins. A4.504.2 Install VOC compliant resilient flooring ❑ ❑ ❑ systems. Tier 1. At least 90 percent of the resilient flooring rxi 2 installed shall comply. Tier 2. At least 100 percent of the resilient flooring 02 installed shall comply. A4.504.3 Thermal insulation installed in the building ❑ shall meet the following requirements: Tier 1. Install thermal insulation in compliance with O2 the VOC-emission limits defined in Collaborative for High Performance Schools (CHPS) Low-emitting Materials List. Tier 2. Install insulation which contains No-Added E12 Formaldehyde (NAF) and is in compliance with the VOC-emission limits defined in Collaborative for High Performance Schools (CHPS) Low-emitting Materials List. Interior Moisture Control 4.505.2 Vapor retarder and capillary break is installed at [3 ® ❑ slab-on-grade foundations. 14-505.3 Moisture content of building materials used in ❑ wall and floor framing is checked before enclosure. Indoor Air Quality and Exhaust 4.506.1 Return air filters with a value greater than MERV 6 shall be installed on HVAC systems, Pressure ❑ ❑ ❑ ❑ 171 drop across the filter shall not exceed 0.1 inches water column. A4.506.2 [Hit] Provide filters on return air openings rated MERNT 6 or higher during construction when it is ❑ ❑ ❑ ❑ ❑ necessary to use HVAC equipment. A4.506.3 Direct-vent appliances shall be used when equipment is located in conditioned space; or the ❑ 1 ❑ ❑ ❑ ❑ equipment must be installed in an isolated mechanical room. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 93 >I I RESIDENTIAL VOLUNTARY MEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued M Green building measures listed in this table may be mandatory if adopted by a city, county, or city and county as specified in Section 101.7. Required prerequisite for this Tier. These measures are currently required elsewhere in statute or in regulation. VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electives' Enforcing Agency Installer or Designer Third party FEATURE OR MEASURE Mandatory Tier 1 Tier 2 All All All Environmental Comfort 4.507.1 Reserved. 4.507.2. Duct systems are sized, designed, and equipment IE ❑ ❑ ❑ is selected using the following methods: 1. Establish heat loss and heat gain values according to ANSUACCA 2 Manual 1-2004 or equivalent. 2. Size duct systems according to ANSVACCA 1 Manual D-2009 or equivalent. 3. Select beating and cooling equipment according to ANSI/ACCA 3 Manual S-2004 or equivalent, Outdoor Air Quality Reserved Innovative Concepts and Local Environmental Conditions A4.509.1 Items in this section are necessary to address innovative concepts or local environmental conditions. Item 1 ❑ ❑ 1 ❑ Item 2 ❑ Item 3 ❑ Installer and Special Inspector Qualifications Qualifications 702.1 HVAC system installers are trained and certified in the proper installation of 14VAC systems. IK ❑ ❑ ❑ 702.2 Special inspectors employed by the enforcing agency must be qualified and able to demonstrate competence in the discipline they are inspecting. Verifications 703.1 Verification of compliance with this code may include consmetion documents, plans, specifications builder or installer- certification, inspection reports, or rxi ❑ other methods acceptable to the enforcing agency which show substantial conformance. M Green building measures listed in this table may be mandatory if adopted by a city, county, or city and county as specified in Section 101.7. Required prerequisite for this Tier. These measures are currently required elsewhere in statute or in regulation. Exhibit A to Ordinance No. 1361 Page 37 of 55 Additional requirement for residential: Every new single family home shall install a prewired 40 AMP circuit dedicated for future Electric car charging device. Every multifamily dwelling apartment building shall install a sufficient number of Level III charging stations for eclectic cars. The number of charging devices shall be 5 percent of total required parking spaces, but not less than one The charging stations shall be designated for charging only. Section 304.4.1.2 Tiers: The provisions of Divisions A5.6 Tier 1 for non-residential are adopted and enacted, as the mandatory tiers. The verification of requirements of these provisions shall be made by the jurisdiction. NONRESIDENTIAL {VOLUNTARY MEASURES TABLE A5.601 NONRESIDENTIAL BUILDINGS: Green Building Standards Code Proposed Performance Approach Note: This table is intended only as an aid in illustrating the nonresidential tier structure 1. Exception: Allowance may be permitted in Tier 2 for up to 5- percent specialty purpose flooring. Exceptions for solar water- heating system requirement: 2. Buildings with a natural gas service water heater with a minimum of 95- percent thermal efficiency. 3. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. 4. Life cycle assessment compliant with Section A5.409A in this code may be substituted for prescriptive measures from Division A5.4, 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 133 ENVIRONMENTAL CATEGORY PERFORMANCE GOAL TIER'S TIER 2 Meet all of the provisions Meet all of the provision All j Minimum Mandatory of Chapter 5 of Chapter 5 Planning and Design Designated Parking for 10% of total spaces 12% of total spaces Fuel Efficient Vehicles Cool Roof to Reduce Heat Roof Slope < 2:12 SRI 64 Roof Slope < 2:1.2 SRI 78 Island Effect Roof Slope > 2:12 SRI 16 Roof Slope > 2:12 SRI 30 1 additional Elective from Division 3 additional Electives from Division A5.1 A5.1 Energy Ef'f'iciency Energy Performance ,' Outdoor lighting power 90% of Outdoor lighting power 90% of Part 6 allowance Part 6 allowance If applicable, solar water - heating If applicable, solar water- heating system with minimum solar savings system with minimum solar savings fraction of 0.15 fraction of 0.15 If applicable, certain functional areas If applicable, certain functional areas comply with residential indoor comply with residential indoor lighting requirements lighting requirements Energy Budget 95% or 90% of Energy Budget 90% or 85% of Part 6 calculated value of allowance Part 6 calculated value of allowance Water Efficiency Indoor Water Use 30% Savings 35% Savings and Conservation Not to exceed 60% of ETo Not to exceed 55% of ETo Outdoor VVater Use times the landscape area times the landscape area 1 additional Elective 3 additional Electives from Division A5.3 from Division A5.3 Material Conservation and Resource Efficiency ¢ Construction Waste Reduction At least 65% reduction At least 80% reduction Utilize recycled content materials for Utilize recycled content materials for Recycled Content 10% of total material cost 15% of total material cost 1 additional Elective 3 additional Electives from Division A5.4 from Division A5.4 Environmental Quality Low -VOC Resilient Flooring 90% of flooring meets VOC limits 100% of flooring meets VOC limits, Install no-added formaldehyde Low -VOC Thermal Insulation Comply with VOC limits insulation and comply with VOC limits 1 additional Elective 3 additional Electives from Division A5.5 from Division A5.5 Added measures shall be Additional Measures achieved across at least 3 1 Additional Elective 3 Additional Electives categories Approximate Total Measures 14 24 1. Exception: Allowance may be permitted in Tier 2 for up to 5- percent specialty purpose flooring. Exceptions for solar water- heating system requirement: 2. Buildings with a natural gas service water heater with a minimum of 95- percent thermal efficiency. 3. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent. Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. 4. Life cycle assessment compliant with Section A5.409A in this code may be substituted for prescriptive measures from Division A5.4, 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 133 NONRESIDENTIAL VOLUNTARY MEASURES SECTION ,t, i w ;;; . ; (continued) 134 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY' CALGreen CALGreen ! APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 Requirements Project meets all of the requirements of Divisions 5.1 through 5.5. ❑ ❑ Planning and Design Site Selection A5.103.1 Community connectivity. Locate project on a previously developed site within a 1 /2- mile radius of at least ten basic services, listed in Section A.5.103.1. © ❑ A5.103.2 Brownfield or greyfield site redevelopment or infill area development. Select for development a brownfeld in accordance with Section A5.103.2.1 or on a greyfield or infrll site as { defined in Section A5,102, � ❑ A5.103.3.1 Brownfield redevelopment. Develop a site documented as contaminated and fully remediated or on a site dafined as a brownfield. Site Preservation A5.104.1.1 Local zoning requirement in place. Exceed the zoning's open space requirement for ❑ ❑ vegetated open space on the site by 25 percent. A5.104.1.2 No local zoning requirement in place. Provide vegetated open space area adjacent ❑ ❑ to the building equal to the building footprint area. A5.104.1.3 No open space required in zoning ordinance. Provide vegetated open space equal ❑ ❑ to 20 percent of the total project site area. Deconstruction and Reuse of Existing Sft -wares A5.105.1.1 Existing building structure. Maintain at least 75 percent of existing building ❑ structure (including structural floor and roof decking) and envelope (exterior skin and framing) ❑ based on surface area. Exceptions: 1. Window assemblies and nonstructural roofing material. 2. Hazardous materials that are remediated as a part of the project. 3. A project with an addition of more than two times the square footage of the existing building. ❑ A5.105.1.2 Existing nonstructural elements. Reuse existing interior nonstructural elements ❑ (interior walls, doors, floor coverings and ceiling systems) in at least 50 percent of the area of the completed building (including additions). Exception: A project with an addition of more than two times the square footage of the existing building. J ❑ A5.105.1.3 Salvage. Salvage additional items in good condition such as light fixtures, plumbing ❑ fixtures and doors for reuse on this project in an onsite storage area or for salvage in dedicated collection bins. Document the weight or number of the items salvaged. Site Development 5.106.1 Storm water pollution prevention. Newly constructed projects which disturb less than l]x one acre of land shall prevent the pollution of stormwater runoff from the construction activities through local ordinance in Section 5.106.1.1 or or Best management practices (BMP) in Section 5.106.1.2. A5.106.2 Storm seater design. Design storm water runoff rate and quantity in conformance with Section A5.106.3.1 and storm water runoff quality by Section A5.106.3.2 or by local requirements, whichever are stricter. A5.106.2.1 Storm water runoff rate and quantity. Implement a storm water management © ❑ plan resulting in no net increase in rate and quantity of storm water runoff from existing to developed conditions. Exception: If the site is already greater than 50 percent impervious, implement a storm water management plan resulting in a 25- percent decrease in rate and quantity. A5.106.2.2 Storm water runoff quality. Use post construction treatment control best ❑ ❑ management practices (BMPs) to mitigate (infiltrate, filter or treat) storm water runoff from the 85th percentile 24 -hour runoff event (for volume -based BMPs) or the runoff produced by a rain event equal to two times the 85th percentile hourly intensity (for flow -based BMPs). A5.106.3 Low impact development (LID). Reduce peak runoff in compliance with Section _ 5.106.3.1. Employ at least two of the following methods or other best management practices to allow rainwater to soak into the ground, evaporate into the air or collect in storage receptacles for ❑ ❑ irrigation or other beneficial uses. LID strategies include, but are not limited to those listed in Section A5.106.4. (continued) 134 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 Ali: ESIDE11T14L OCCUP4,11CIES4PPLICATION CHECKLISTS---continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 135 VOLUNTARY' CALGreen Tier I CALGree. F APPLICATION CHECKLIST FOR BSC 5.106.4 Bicycle parking. Comply with Sections 5.106.4.1, 4.106.4.1 and 5.106.4.1.2; or meet local MANDATORY 1E ordinance, whichever is stricter. 5.106.41.1 Short-term bicycle parking If the new project or addition or alteration is 0 anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 20 to o' feet of the visitors' entrance, readily visible to passers-by, for 5 percent of new visitor motorized vehicle parking spaces being added, with a minimum of one two -bike capacity rack. 5.106.4.1.2 Long-term bicycle parking For buildings with over 10 tenant-occupants, provide El secure bicycle parking for 5 percent of tenant-occupied motorized vehicle parking spaces being added, with a minimum of one space. See exception for addition or alterations. A5.106.4.3 Changing rooms. For baildings, with over 10 tenant - occupants, provide changing/shower facilities in accordance with Table A5.106.4.3 or document arrangements with nearby changing/shower facilities. A5.106.5.1 Designated parking for fuel-efficient vehicles. Provide designated parking for any coinbinatiou Of low - emitting, fuel-efficient and carpool" van pool. vehicles as shown in: A5.106.5.1.1. Tier 110% of total spaces per Table A5.106.5.1 I . A5.106.5,1.2. Tier 2 12% of total spaces per Table A5. 106.5.1.2. 5.106-5.2 Designated parking. Provide designated parking for any combination of low-emitting, Fx-1 fuel-efficient and carpool/van pool vehicles as shown in Table 5.106.5.2. A5.106.53.1 Single charging space requirements. When only a single charging space is required, ❑ ❑ install a listed raceway capable of accommodating a dedicated branch circuit. The raceway shall not be less than trade size 1. The raceway shall be securely fastened at the main service or subpariel and shall terminate in close proximity to the proposed location of the charging system into a listed cabinet, box or enclosure. Exception: Other pre-installation methods approved by the local enforcing agency that provide sufficient conductor sizing and service capacity to install Level 2 EVSE A5.106.53.2 Multiple charging spaces required. When multiple charging spaces are required, ❑ ❑ plans shall include the location(s) and type of the EVSE, raceway method(s), wiling schematics and electrical calculations to verify that the electrical system has sufficient capacity to charge simultaneously all the electrical vehicles at all designated EV charging spaces at their full rated amperage. Plan design shall be based upon Level 2 EVSE at its maximum operating ampacity. Provide raceways from the electrical service panel to the designated parking areas which are required to be installed at the time of construction. Note: Utilities and local enforcing agencies may have additional requirements for metering and EVSE installation, and should be consulted during the project design and installation. A5.106.533 Tier 1. At least 3 percent of the total parking spaces, but not less than one, shall be ❑ capable of supporting installation of future electric vehicle supply equipment (EVSE). A5.106.5.3.4 Tier 2. At least 5 percent of the total parking spaces, but not less than two, shall be ❑ capable of supporting installation of future EVSE. A5.106.5.3.5 Labeling requirement. A label stating EV CHARGE CAPABLE' shall be posted in ❑ ❑ a conspicuous place at the service panel 91 sub anel and the EV charging s ace. A5.106.6 Parking capacity. Design Parking capacity to meet but not exceed minimum local zoning requirements. A5.106.6.1 Reduce parking capacity. With the approval of the enforcement authority, employ strategies to reduce on-site parkin.- area by 1. Use of on street parking or compact spaces, illustrated on the site plan or 2. Implementation and documentation Of programs that encourage occupants to carpool, ride ❑ ❑ share or use alternate transportation.. A5.106,7 Exterior walls. Meet requirements in the current edition of the California Energy Code and comply with either Section A5.106.7.1 or A5.106.7.2 for wall surfaces: A5.106.7.1 Fenestration. Provide vegetative or man-made shading devices for all fenestration on east-, south- and west-facing walls. A5.106.7.1.1 East and west walls. Shading devices shall have 30% coverage to a height of ❑ ❑ 20 feet or to the top of the exterior wall, whichever is less. A5.106.7.1.2 South walls. Shading devices shall have 60% coverage to a height of 20 feet or ❑ ❑ to the top of the exterior wall, whichever is less. A5.106.7.2 Opaque wall areas. Use wall surfacing with SRI 25 (aged), for 75 To of opaque wall areas. ❑ ❑ (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 135 >II NONRESIDENTIAL VOLUNTARY MEASURES SECTION 1 NO • w- a a ! 1 ■ r c • i ■ R VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC_ MANDATORY Tier t Tier 2 5.106.8 Light pollution reduction. [N] Outdoor Iighting systems shall be designed and installed to comply with the following: 1. The minimum requirements in the California Energy Code for Lighting Zones 1-4 as defined in Chapter 10 of the California Administrative Code; and 2. Backlight, Uplight and Glare (BUG) ratings as defined in TESNA TM- 15 -11; and D 3. Allowable BUG ratings not exceeding those shown in Table 5.106.8, or or Comply with a local ordinance lawfully enacted pursuant to Section 101.7, whichever is more stringent. 0 Exceptions: [N] 1. Luminaires that qualify as exceptions in Section 147 of the California Energy Code 2. Emeency lighting 5106.10 Grading and paving. Construction plans shall indicate how site grading or a draina e g p g. Y,a. g g g fl system will manage all surface water [lows to keep water from entering buildings. Examples of methods to manage surface water include those shown in Items 1 -5. See exception for additions or alterations. A5.106.11 Beat island effect. Reduce nonroof heat islands and roof heat islands as follows: A5.106.11.1 Hardseape alternatives. Use one or a combination of strategies I through 3 for 50 ❑ p percent of site hardscape or put 50 percent of parking underground. 1. Use light colored materials with an initial solar reflectance value of at least .30 as ❑ ❑ determined in accordance with ASTM Standards E 1918 or C 1549. ❑ ❑ 2. Use open -grid pavement system or pervious or permeable pavement system. A5.106.11.2 Cool roof for reduction of heat island effect. Use roofing materials having a 11 Ll minimum aged solar reflectance, thermal emittance complying with Sections A5.106.11.2.2 and A5.106.11.2.3 or a minimum aged or Solar Reflectance Index (SRI)3 equal to or greater than the values shown in: Table A5.106.11.2.2 -'Tier 1 or Q Table A5.106.11.2.3 - Tier 2 FRI Exceptions: 1. Roof constructions that have a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 Iblsf. 2. Roof area covered by building integrated solar photovoltaic and building integrated solar thermal panels. (continued) 136 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 W#AW,WJNF1W (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 137 VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 Energy Efficiency Performance Requirements 5.201.1 Scope. Building meets or exceeds the requirements of the California Building Eneigy [E2 Oz A5.203.1 Energy efficiency. Nonresidential, high-rise residential and hotel/motel buildings that include lighting and/or mechanical systems shall comply with Sections A5.203.1.1 and either A5.203.1,2. I or A5.203.1.2.2. Newly constructed buildings, as well as additions and alterations, are included in the scope of these sections. Buildings permitted without lighting or mechanical systems shall comply with Section A5.203.1.1 bat are not required to comply with Sections A5.203.1.1.2 or A5.203.1.2, A5.203.1.1.1 Outdoor lighting, Newly installed outdoor lighting power is no greater than 90 ercent of the Title 24, Part 6 calculated value of allowed outdoor li Ming awes A5.203.1.1.2 Service water heating in restaurants. Newly constructed restaurants 8,000 square feet or greater and with service water heaters rated 75,000 Bm/h or greater installed a solar Z2 02 water - heating minimum solar savings fraction of 0.15 or meet one of the excTti2ns. A5.203.1.1.3 Functional areas where compliance with residential lighting standards is required. For newly constructed high-rise residential dwelling units and hotel and motel guest rooms, indoor lighting complies with the applicable requirements in Appendix A4 Residential Voluntary Measures, Division A4.2 — Energy Efficiency, Section A4.203.1.1.3. For additions and rX7 2 [K2 alterations to high -rise residential dwelling units and hotel and motel guest rooms, indoor lighting complies with the applicable requirements in Appendix A4 Residential Voluntary Measure-s, Division A4.2 — Energy Efficiency, Section A4,204.1.1.1. A5.203.1.21 Tier 1. For building projects that include indoor lighting or mechanical systems, bat not both, the Energy Budget is no greater than 95 percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building. For building projects that include indoor lighting and mechanical DZ systems, the Energy Budget is no greater than 90 percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building. A5.203.1.2.2 Tier 2. For building projects that include indoor lighting or mechanical systems, but not both, the Energy Budget is no greater than 90 Percent of the Title 24, Part 6, Energy Budget for the Proposed Design Building. For building projects that include indoor lighting and mechanical 2 systems, the Energy Budget is no greater than 85 percent of the Title 24, Part 6, Energy Budget for Renewable Energy A5.21 1.1 On-site renewable energy. Use on-site renewable energy for at least I percent of the electrical service overcurrent protection device rating calculated in accordance with the 2013 California Electrical Code or I KW, whichever is greater, in addition to the electrical demand required to meet I percent of natural gas and propane use calculated in accordance with the 2013 California Plumbing Code. A5.211.1.1 Documentation. Calculate renewable on-site system to meet the requirements of Section A5.211.1. Factor in net-metering, if offered by local utility, on an annual basis. A5.211.3 Green power. Participate in the local utility's renewable energy portfolio program that provides a minimum of 50-percent electrical power from renewable sources. Maintain documentation through utili billings. Elevators, Escalators and Other Equipment A5.212.1 Elevators and escalators. In buildings with more than one elevator or two escalators, provide systems and controls to reduce the energy demand of elevators and escalators as follows. Document systems operation and controls in the project specifications and commissioning plan. A5.212.1.1 Elevators. Traction elevators shall have a regemrative drive system that feeds electrical power back into the building grid when the elevator is in motion. ❑ 0 A5.212.1.1.1 Car lights and fan. A parked elevator shall turn off its car lights and fan automatically until the elevator is called for use. 171 0 A5-212.1.2 Escalators. An escalator shall have a variable voltage variable frequency (VVVF) motor drive system that is fully regenerative when the escalator is in motion. ❑ 13 A5.212.1.4 Controls. Controls that reduce energy demand shall meet requirements of CCR, Title 8, Chapter 4, Subehapter. 6 and shall not interrupt emeigency operations for elevators required in CCR, Title 24, Part 2, California Building Code. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 137 NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 (continued) 2D13 CALIFORNIA •." a .. sip'.► CODE VOLUNTARY' CALGreen _ CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 �IIer Ef cieni 9Ee raffi7Ct A5.213.1 Steel framing. Design for and employ techniques to avoid thermal bridging. ❑ ❑ V�R$BA` �+ EI�tC�eltc3 'sidl(I.�orIS8T4atiol4 I11dt1U: Watex'i�38 5303.1 Meters. Separate meters shall be installed for the uses described in Sections 5.303.1.1 and 530112. ' 5.303.1.1 New buildings or additions in excess of 50,1100 square feet. Separate subneers shalt be installed as follows: 1. For each individual leased, rented or other tenant space within the building projected to consume more than 100 gal /day. 2. Where separate submeters for individual building tenants are unfeasible, for water supplied to the following subsystems: a. Makeup water for cooling towers where flow through is greater than 500 gma 130 L I x b. Makeup water for evaporative coolers greater than 6 gpm (0.04 Us) {� FRI i c. Steam and hot -water boilers with energy input more than 500,000 Btu/h (147 kW) 5.303.1.2 Excess consumption. Any tenant within a new building or an addition that is projected to consume more than 1,000 gal/day (3 800 Uday). 5.303.2 Water reduction. Plumbing fixtures shall meet the maximum flow rate values shown in 0 Table 5.303.2.3. Exception: Buildings that demonstrate 20- percent overall water use reduction. In this case, a calculation demonstrating a 20- percent reduction in the building "water use baseline," as D establisbed in Table 5.303.2.2, shall be provided. 5.303.2.1 Areas of additions or alteration. For those occupancies within the authority of the California Building Standards Commission as specified in Section 103, the provisions of Section 5.303.2 and Section 5.303.3 shall apply to new fixtures in additions or areas of alterations to the building. A5.303.2.3.1 Tier I — 30- percent savings. A schedule of plumbing fixtures and fixture fittings that will reduce the overall use of potable water within the building by 30 percent shall be provided. A5.303.2.3.2 Tier 2 — 35- percent savings. A schedule of plumbing fixtures and fixture px fittings that will reduce the overall use of potable water within the building by 35 percent shall be provided. A5.303.2.3.3 Forty - percent savings. A schedule of plumbing fixtures and fixture fittings that L7 will reduce the overall use of potable water within the building by 40 percent shall be provided. (Calculate savings by Water Use Worksheets) ❑ A5.303.23.4 Nonpotable water systems for indoor use. Utilizing nonpotable water systems (such as captured rainwater, treated gaaywater, and recycled water) intended to supply water closets, urinals, and other allowed uses, may be used in the calculations demonstrating the 30, 35 or 40 percent reduction. The nonpotable water systems shall comply with the current edition of the California Ptumbin Code. 5.3033 Water conserving plumbing fixtures and fittings. Plumbing fixtures (water closets and 21 urinals) and fittings (faucets and showerheads) shall comply with the following: 5.303.3.1 Water closets. The effective flush volume of all water closets shall not exceed 1.28 p gallons per flush. Tank -type water closets shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank -Type Toilets. Note: The effective flush volume of dual flush toilets is defined as the composite, average flush volume of two reduced flushes and One full flush. 5303.3.2 Urinals. The effective flush volume of urinals shall not exceed 0.5 gallons per flush. 5.303.3.3 Sbowerheads. Q 5303.3.3.1 Single showerhead. Showerbeads shall have a maximum flow rate of not more than 2.0 gallons per minute at 80 psi. Showerheads shall be certified to the performance criteria of the U.S. EPA WaterSense Specification for Showerheads. 5.303.3.3.2 Multiple showerheads serving one shower. When a shower is served by 1E more than one showerhead, the combined flow rate of all showerheads and/or other shower outlets controlled by a single valve shall not exceed 2.0 gallons per minute at 80 psi, or the shower shall be designed to allow only one shower outlet to be in operation at a time. Note: A hand -held shower shall be considered a showerhead. (continued) 2D13 CALIFORNIA •." a .. sip'.► CODE SECTION Y 1' (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 139 VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR SSC MANDATORY Tier 1 Tier 2 A5.303.3 Appliances. 1. Clothes washers shall have a maximum Water Factor (WF) that will reduce the use of water. ❑ ❑ 2. Dishwashers shall meet the criteria in Section A5.303.3(2)(a) and (b). ❑ ❑ 1 Ice makers shall be air cooled. D D 4. Food steamers shall be connectionless or boilerless. ❑ ❑ 5. The use and installation of water softeners shall be limited or prohibited by local agencies. ❑ ❑ 6. Combination ovens shall not consume more than 10 gph (38 L /h) in the full operational ❑ ❑ mode. 7. Commercial pre -rinse spray valves manufactured on or after January 1, 2006 shall function at 171 ❑ equal to or less than 1.6 gprn (0.10 L/s) at 60 psi (414 kPa) and a. Be capable of cleaning 60 plates in an average time of not more than 30 seconds per plate b. Be equipped with an integral automatic shutoff c. Operate at static pressure of at least 30 psi (207 kpa) when designed for a flow rate of 13 gnm (0.08 LIs) or less 5.303.4 Wastewater reduction. (NJ Each building shall reduce the generation of wastewater by one of the followine methods: As applicable 1. The installation of water- conserving fixtures or ❑x 2. Utilizing nonpotable water systems. A5.303.5 Dual plumbing. New buildings and facilities shall be dual plumbed for potable and ❑ recycled water systems. 5.303.6 Standards for plumbing fixtures and fittings. Plumbing fixtures and fittings shall be As applicable installed in accordance with the California Plumbing Code, and shall meet the applicable standards referenced in Table 1401.1 of the California Plumbing Code and in Chapter 6 of this code. �txtdo€tr Water'�3se _ 5.304.1 Water budget. A water budget shall be developed for landscape irrigation use.3 Applies to [] additions or alterations. 5.304.2 Outdoor potable water use. For new water service, separate meters or submeters shall be Q installed for indoor and outdoor potable water use for landscaped areas of at least 1,000 square feet but not more than 5,000 square feet, separate submeters shall be installed for outdoor potable water use. Applies to additions or alterations. A5.304.2.1 Outdoor potable water use. For new water service not subject to the provisions of ❑ ❑ Water Cods Section 535, separate meters or submeters shall be installed for outdoor potable water use for landscaped areas of at least 500 square feet but not more than 1,000 square feet (the level at which Section 5.304.2 applies). 5304.3 Irrigation design. In new nonresidential projects with at least 1,000 square feet but not more than 2,500 square feet of landscaped area (the level at which the MLO applies), install irrigation controllers and sensors which include the following criteria and meet manufacturer's recommendations. Applies to additions or alterations. 5.3043.1 Irrigation controllers. Automatic irrigation system controllers installed at the time of final inspection shall comply with the following. 1. Controllers shall he weather- or soil moisture -based controllers that automatically As applicable adjust irrigation in response to changes in plants' needs as weather conditions change. iX 2. Weather -based controllers without integral rain sensors or communication systems that account for local rainfall shall have a separate wired or wireless rain sensor which connects or communicates with the controller(s). Soil moisture -based controllers are not required to have rain sensor input. A5.304.4 Potable water reduction. Provide water efficient landscape irrigation design that _ reduces by the use of potable water. A5.304.4.1 'Tier 1— Reduce the use of potable water to a quantity that does not exceed 60 1 1R percent of ETo times the landscape area. A5304.4.2 Tier 2 — Reduce the use of potable water to a quantity that does not exceed 55 percent of ETo times the landscape area Methods used to accomplish the requirements of this section shall include, bat not be limited to, the items listed in A5.304.4. A5.304.43 Verification of compliance. A calculation demonstrating the applicable potable O IK water use reduction required by this section shall he provided. A5.304.5 Potable water elimination. Provide a water efficient landscape irrigation design that eliminates the use of potable water beyond the initial requirements for plant installation and establishment. ❑ ❑ Methods used to accomplish the requirements of this section shall include, but not be limited to, the items listed in Section A5.304.4. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 139 NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 NON + ! . i 4PPLIG • (continued) 140 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY' CALGreen GALGreen APPLICATION CHECKLIST FOR 89C MANDATORY Tier 1 Tier 2 A5.304.6 Restoration of areas disturbed by construction. Restore all areas disturbed during _ 13 ❑ construction by planting with local native and/or noninvasive vegetation. A5.304.7 Previously developed sites. On previously developed or graded sites, restore or protect © ❑ at /cast 50 percent of the site area with native and /or noninvasive vegetation. A5304.8 Graywater irrigation system. Install graywater collection system for onsite subsurface ❑ ❑ irrigation using graywater. Water Reu,Se A5.305.1 Nonpotable water systems. Nonpotab €e water systems for indoor and outdoor use shall ❑ ❑ comply with the current edition of the California Plumbing Code. A5.305.2 Irrigation systems. Irrigation systems regulated by a local water efficient landscape ❑ ❑ ordinance or by the California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) shall use recycled water. Material Conservation and .Resource Efiicieney Efficient Framing Systems A5.404.1 Wood framing. Employ advanced wood framing techniques or OVE, as permitted by the ❑ enforcing agency. Material Sources A5.405.1 Regional materials. Select building materials or products for permanent installation on the project that have been harvested or manufactured in California or within 500 miles of the ❑ ❑ project site, meeting the criteria listed in Section A5.405.1, A5.405.2 Bio -based materials. Select bio -based building materials per Section A5.405.2.1 or A5.405.2.2. A5.405.2.1 Certified wood products. Certified wood is an important component of green ❑ ❑ I building strategies and the California Building Standards Commission will continue to develop a standard through the next code cycle. A5.405.2.2 Rapidly renewable materials. Use materials made from plants harvested within a ❑ ❑ ten -year cycle for at least 15 percent of total materials value, based on estimated cost. A5.405.3 Reused materials. Use salvaged, refurbished, refinisbed or reused materials for at least 5 ❑ percent of the total value, based on estimated cost of materials on the project. A5.405.4 Recycled content. Use materials, equivalent in performance to virgin materials, with a total (combined) recycled content value (RCV) of: Tier 1. The RCV shall not be less than 10 percent of the total material cost of the project. 0 Tier 2. The RCV shall not be less than 15 percent of the total material cost of the project. D Nate: Use the equations in the subsections for calculating total materials cost, recycled ❑ ❑ content, RCV of materials and assemblies, and total RCV. A5.405.5 Cement and concrete. Use cement and concrete made with recycled products and complying with the following sections: A5.405.5.1 Cement. Cement shall comply with one of the following standards: 1. Portland cement shall meet ASTM C 150. ❑ ❑ 2. Blended hydraulic cement shall meet ASTM C 595, 3. Other Hydraulic Cements shall meet ASTM C 1157. A5.4055.2 Concrete. Unless otherwise directed by the Engineer of Record, use concrete manufactured with cementitious materials in accordance with Sections A5.405.5.2.1 and A5.405.5.2.1.1, as approved by the enforcing agency. ❑ ❑ A5.405.5.2.1 Supplementary cementitious materials (SCMs). Use concrete made with one or more of the SCMs Listed in Section A5.405.5.2. L ❑ ❑ A5.405.5.2.1.1 Mix design equation. Use any combination of one or more SCMs, satisfying Equation A4.5 -14. a Exception: Minimums in mix designs approved by the Engineer of Record may be lower where high early strength is needed. A5.405.5.3 Additional means of compliance. Any of the following measures shall be permitted to be employed for the production of cement or concrete, depending on their availability and suitability, in conjunction with Section A5.405.5.2, A5.405.5.3.1 Cement. The following measures may be used in the manufacture of cement. A5.405.5.3.1.1 Alternative fuels. Where permitted by state or local air quality ❑ ❑ standards. A5.405.5.3.1.2 Alternative power. Alternate electric power generated at the cement ❑ plant and/or green power purchased from the utility meeting the requirements of Section A5.211. (continued) 140 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 110119ESIDE'LIT14L OCCUPUCIES APPLICATION CHECKLISTS—continued (continued) P013 CALIFORNIA GREEN BUILDING STANDARDS CODE 141 VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier I Tier 2 A5.405.5.3.2 Concrete. The following measures may be used in the manufacture of concrete, A5.405.5.3.2.1 Alternative energy. Renewable or alternative energy meeting the ❑ ❑ requirements of Section A5.211. A5.405.5.3.2.2 Recycled aggregates. Concrete made with one or more of the ❑ ❑ materials listed in Section A5.405.5.3.2.2. A5.405.53.2.3 Mixing water. Water recycled by the local water purveyor or water ❑ ❑ reclaimed from manufacturing processes and conforming to ASTM C 1601 A5.405.5,3.2.4 High strength concrete. Concrete elements designed to reduce their ❑ ❑ total size compared to standard 3,000 psi concrete, as approved by the Engineer of Record. Enb,anced Durability and Reduced Maintenance_ A5.406.11.11 Service life. Select materials for longcviLy and minimal deterioration under conditions of use. A5.406.1.2 Reduced maintenance. Select materials that require little, if any, finishing. ❑ ❑ A5.406.1.3 Recyclability. Select materials that can be re-used or recycled at the end of their ❑ ❑ service life. 777777777777777 Ta�eathet< ltesisauce and Moisture Managemexit _ -- __ 5.407.1 Weather protection. Provide a weather-resistant exterior wall and foundation envelope as required by California Building Code, Section 1403.2 and California Energy Code, Section 150, manufacturer's installation instructions or local ordinance, whichever is more stringeat.3 5.407.2 Moisture control. Employ moisture control measures by the following methods, 5.407.2.1 Sprinklers. Prevent irrigation spray on structures. 5.407.2.2 Entries and openings. Design exterior entries and openings to prevent water intrusion into buildings. ar�decyeling 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 50% [E of the non- hazardous construction waste in accordance with Section 5.408.1.1, 5,408, 1.2 or or 5.408,13; or meet a local construction and demolition waste management ordinance, whichever is more stringent. 5.408.1.1 Construction waste management plan. Where a local jurisdiction does not have a rx-1 construction and demolition waste management ordinance that is more stringent, submit a construction waste management plan that complies with Items I through 4 of this section. 5.408.1.2 Waste management company. Utilize a waste management company that can provide IR verifiable documentation that the percentage of construction waste material diverted from the landfill complies with this section. Exceptions to Sections 5.408.1.1 and 5.408,1.2: 1. Excavated soil and land-clearing debris 2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist. 3. Demolition waste meeting local ordinance or calculated in consideration of local recycling facilities and markets 5.408.1.4 Documentation. Provide documentation of the waste management plan that meets the requirements listed in Sections 5,408.1.1 through 5.408,13, and the plan is accessible to the enforcement authority. 5.408.3 Excavated soil and land clearing debris. 100 percent of trees, stumps, rocks and 0 associated vegetation and soils resulting primarily from land clearing shall be reused or recycled, Exception. Reuse, either on-or off -site, of vegetation or soil contaminated by disease or pest I infestation. (continued) P013 CALIFORNIA GREEN BUILDING STANDARDS CODE 141 NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 NONRESIDENTIAL OCCUM11CIES APPLICATIOV GYEQYLIST_S—=Ttitvei-% (continued) 142 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 A5.408.3.1 Enhanced construction waste reduction—Tier 1. Divert to recycle or salvage at least 65% of 21 nonhazardous construction and demolition waste generated at the site. A5.408.3.1.1 Enhanced construction waste reduction—Tier 2. Divert to recycle or salvage at least 80% of 0 nonhazardous construction waste generated at the site, A5.408.3.1.2 Verification of compliance. A copy of the completed waste management report or documentation MR 0 of certification of the waste management company utilized shall be provided. Exceptions: 1. Excavated soil and land-clearing debris 2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist 3. Demolition waste meeting local ordinance or calculated in consideration of local recycling facilities and markets. A5.409.1 General Life cycle assessment shall be ISO 14044 compliant- The service life of the building and EI ❑ materials assemblies shall not be less than 60 years. A5.409.2 Whole building life cycle assessment. Conduct a whole building life assessment, including operating ❑ ❑ energy, showing that the building project achieves at least a 10-percent improvement for at least three of the impacts listed in Section A5.409.21, one of which shall be climate change, compared to a reference building. A5.409.3 Materials and system assemblies. If whole building analysis of the project is not elected, select a ❑ ❑ minimum of 50% of materials or assemblies based on life cycle assessment of at least three for the impacts listed in Section A5.409.2.2, one of which shall be climate change. A5.409.4 Substitution for prescriptive standards. Performance of a life cycle assessment completed in accordance ❑ ❑ with Section A5.409.2 may be substituted for other prescriptive provisions of Division A5.4, including those made mandatory through local adoption of Tier I or Tier 2 in Division A5.6. A5.409.5 Verification of compliance. Documentation of compliance shall be provided as follows: 1. The assessment is performed in accordance with ISO 14044. ❑ ❑ 2. The project meets the requirements of other parts of Title 24. ❑ ❑ 3. A copy of the analysis shall be made available to the enforcement authority. ❑ ❑ 4. A copy of the analysis and any maintenance or training recommendations shall be included in the operation ❑ ❑ and maintenance manual. See notes for available tools. 5.410,1 Recycling by occupants. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of nonhazardous materials for recycling.3 5.410.1.1 Additions. [A] All additions conducted within a 12-month period under single or multiple permits, Z resulting in an increase of 30 percent or more in floor area, shall provide recyling areas on site. Exception: Additions within a tenant space resulting in less than a 30- percent increase in the tenant space floor area. 5.410.2 Commissioning. [N] For new buildings 10,000 square feet and over, building commissioning for all building El systems covered by Title 24, Part 6, process systems and renewable energy systems shall be included in the design and construction processes of the building project. Commissioning requirements shall include items listed in Section 5.4102. Exceptions: 1. Dry storage warehouses of any size 2. Areas under 10,000 square feet used for offices or other conditioned accessory spaces within dry storage warehouses 3. Tenant improvements under 10,000 square feet as described in Section 303.1.1. 5.410.2.1 Owner's Project Requirements (OPR). [N] Documented before the design phase of the project IF] begins the OPR shall include items listed in Section 5.410.4. 5.410.2.2 Basis of Design (BOD). [N] A written explanation of how the design of the building systems meets the El OPR shall be completed at the design phase of the building project to cover the systems listed in Section 5.410.2.2. 5.410.2.3 Commissioning plan. [N] A commissioning plan describing how the project will be commissioned shall include items listed in Section 5.410.2.3. 5.410.2.4 [N] Functional performance testing shall demonstrate the correct installation and operation of each FXl component system and system-to-system interface in accordance with the approved plans and specifications, 5.410.25 Documentation and training [N] A Systems manual and systems operations training are required. 5.410.25.1 Systems manual. [N] The systems manual shall be delivered to the building owner or representative and facilities operator and shall include the items listed in Section 5.410.2.5.1. 5.410.25.2 Systems operations training. M A program for training of the appropriate maintenance staff for each equipment type and/or system shall be developed and shall include items listed in Section 5.410.2.5.2. FX1 5.410.2.6 Commissioning report. [N] A report of commissioning process activities undertaken through the design and construction phases of the building project shall be completed and provided to the owner or representative, 91 (continued) 142 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE SECTION A5.602 APPLICATION CHECKLISTS—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 143 VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier t Tier 2 5.410.4 Testing and adjusting. Testing and adjusting of systems shall be required for buildings less than � 10,000 square feet. Applies to new systems serving additions or alterations. 5.410.4.2 Systems. Develop a written plan of procedures for testing and adjusting systems. Systems to be lX] included for testing and adjusting shall include, as applicable to the project, the systems listed in Section 5.410.4.2, 5.410.4.3 Procedures. Perform testing and adjusting procedures in accordance with applicable standards C] on each system as determined by the enforcing agency. 5.410.4.3.1 UVAC balancing. Before a new space - conditioning system serving a building or space is operated for normal use, balance in accordance with the procedures defined by national standards listed in Section 5.410.4.3.1 or as approved by the enforcing agency. 5.410.4.4 Reporting. After completion of testing, adjusting and balancing, provide a final report of testing signed by the individual responsible for performing these services. 5.410.4.5 Operation and maintenance manual. Provide the building owner with detailed operating and L7 maintenance instructions and copies of guaranties /warranties for each system prior to final inspection. 5.410.4.5.1 Inspections and reports. Include a copy of all inspection verifications and reports required D by the en orcing agency. Et nvlromnenw i. ti0 mire aces - 5.503.1 install only a direct -vent sealed- combustion gas or sealed wood - burning fireplace or a sealed woodstove (� and refer to residential requirements in the Catif6rnr— Energy Ccde, Title 24, Part 6, Subchapter 7 Section 150. As applicable 5.503.1.1 Woodstoves. Woodstoves shall comoly with US EPA Phase II emission limits where atVicable. pollttiant ebil i A5.504.1 Indoor air quality (IAQ) during construction. Maintain IAQ as provided in Sections A5.504.1.1 and A5.504.1.2. A5.504.1.1 Temporary ventilation. Provide temporary ventilation during construction in accordance with ❑ ❑ Section 121 of the California Energy Code, CCR, Title 24, Part 6 and Chapter 4 of CCR, Title 8 and as listed in Items I and 2 in Section A5.504.1.2. A5.504.1.2 Additional IAQ measures. Employ additional measures as listed in Items 1. through 5 in ❑ ❑ Section A5.504.1,3. 5.504.1.3 Temporary ventilation. If the HVAC system is used during construction, use return air filters with a MERV of 8, based on ASHRAE 52.2 -1999, or an average efficiency of 30% based on AS14RAE 52.1 -1992. Replace all filters immediately prior to occupancy. Applies to additions or alterations. A5.504.2 IAQ posteonstruetion. Flush out the building per Section A5.5042 prior to occupancy or if the ❑ ❑ building is occupied. ❑ ❑ A5.504.2.1 IAQ Testing. A testing alternative may be employed after all interior finishes have been installed, using testing protocols recognized by the United State Errvironmental Protection Agency (U.& EPA) and in accordance with Section A5.504.11.2. Retest as required in Section A5.504.2.1.3. A5.504.2.1.1 Maximum levels of contaminants. Allowable levels of contaminant concentrations measured by testing shall not exceed the following: As applicable As applicable 1. Carbon Monoxide (CO): 9 parts per million, not to exceed outdoor levels by 2 parts per million; ❑ ❑ 2. Formaldehyde: 27 parts per billion; ❑ 0 3. Particulates (PMIO): 50 micrograms per cubic meter; ❑ ❑ 4. 4- Phenyleyelohexene (4 -PCH): 6.5 micrograms per cubic meter; and ❑ ❑ 5. Total Volatile Organic Compounds (TVOC): 300 micrograms per cubic meter. ❑ ❑ A5304.2.1.2 Test protocols. Testing of indoor air quality should include the elements listed in Items 1 © ❑ through 4. A5.504.11.3 Noncomplying building areas. For each sampling area of the building exceeding the ❑ ❑ j maximum concentrations specified in Section A5.504.2.1.1, flush out with outside air and retest samples taken from the same area. Repeat the procedures until testing demonstrates compliance. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 143 SECTION A5.602 NONRESIDENTIAL OCCUPANCIES APPLICATIOU CWE_PKLISTS=caiti-fu (continued) 144 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE V VOLUNTARY' 0 _ CALGr-een CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier I Ter I Tier 2 5.5043 Covering of duct openings and protection of mechanical equipment during construction, At the time of rough installation and during storage on the construction site and until final startup of the heating, cooling and ventilating equipment, all duct and other related air distribution component openings shall be covered with FXl tape, plastic, sheetmetal or other methods acceptable to the enforcing agency to reduce the amount of dust water and debris which may enter the system. 5.504.4 Finish material pollutant control. Finish materials shall comply with Sections 5.504.4.1 through 5.504.4.4. 5504.4.1 Adhesives, sealants, caulks. Adhesives and sealants used on the project shall meet the requirements of the following standards. 1. Adhesives, adhesive bonding primers, adhesive primers, sealants, sealant primers and caulks shall E comply with local or regional air pollution control or air quality management district rules where applicable or SCAQMD Rule 1168 VOC limits, as shown in Tables 5.504.4.1 and 5.504.4.2. 2. Aerosol adhesives and smaller unit sizes of adhesives and sealant or caulking compounds (in units 21 of product, less packaging, which do not weigh more than one pound and do not consist of more than 16 fluid ounces) sball comply with statewide VOC standards and other requirements, including prohibitions on use of certain toxic compounds, ofCalifomia Code of Regulations, Title 17, commencing with Section 94507, 5.504.4.3 Paints and coatings. Architectural paints and coatings shall comply with Table 5,504.4.3 0 unless more stringent local limits apply. 5.504.4.3.1 Aerosol paints and coatings. Aerosol paints and coatings shall meet the Product- Weighted El MIR Limits for ROC in Section 94522(a)(3) and other requirement-,, including prohibitions on use of certain toxic compounds and ozone depleting substances (CCR, Title 17, Section 94520, et seq.). 5,504.4.3.2 Verification. Verification of compliance with this section shall be provided at the request of the enforcing agency. 5.504.4.4 Carpet systems. All carpet installed in the building interior shall meet the testing and product El requirements of one of the standards listed in Section 5,504.4.4. 5504.4.4.1 Carpet cushion. All carpet cushion installed in the building interior shall meet the El requirements of the Carpet and Rug Institute's Green Label program. 5504.4.4.2 Carpet adhesive. All carpet adhesive shall meet the requirements of Table 5.504.4-1 5.504.4.5 Composite wood products. Hardwood plywood, particleboard and medium density fiberboard rXi composite wood products used on the interior or exterior of the building shall meet the requirements for formaldehyde as specified in Table 5.504.4.5. A5,504.45.1 Early compliance with formaldehyde limits, Tier 1. Meet the requirements contained ixl in Table A5.504.8-5 before the compliance dates. A5.504.4.5.2 No added formaldehyde, Tier 2. Use composite wood products approved by the ARB as MR no-added formaldehyde (NAF) based resins or ultra-low emitting formaldehyde (ULEF) resins. 5504.45.3 Documentation. Verification of compliance with this section shall be provided as IK ❑ ❑ requested by the enforcing agency. Documentation shall include at least one of the following: As applicable 1. Product certifications and specifications. El 2. Chain of custody certifications. 21 3. Product labeled and invoiced as meeting the Composite Wood Products regulation (see CCR, 21 Title 17, Section 93120, et seq.). 4. Exterior grade products marked as meeting the PS- I or PS-2 standards of the Engineered El Wood Association, the Australian AS/NIZS 2269 or European 636 3S standards. 5. Other methods acceptable to the enf ency. El 5504.4.6 Resilient flooring systems. Comply with the VOC- emission limits defined in the 2012 CUPS 0 criteria and listed on its High Performance Products Database; products compliant with CHPS criteria certified under the Greenguard Children & Schools program; certified under the FloorScore program of the Resilient Floor Covering Institute; or meet California Department of Public Health 2010 Specification. A5-504.4.6.1 Verification of compliance. Documentation shall be provided verifying that resilient 0 flooring materials meet the pollutant emission hirrits, A5.504.4.7 Resilient flooring systems, Tier 1. For 90 percent of floor area receiving resilient flooring, 23 install resilient flooring complying with the VOC- emission limits defined in the 2009 CHPS criteria and listed on its High Performance Products Database; products compliant with CHPS criteria certified under the Greenguard Children & Schools program; certified under the FloorScore program of the Resilient Floor Covering Institute; or meet California Department of Public Health 2010 Specification 01350. A5504.4.7.1 Resilient flooring systems, tier 2. For 100 percent of floor area to scheduled to receive resilient flooring, install resilient flooring complying with the VOC-emission limits defined in the 2009 CHPS criteria and listed on its High Performance Products Database; products compliant with CHPS criteria certified under the Greenguard Children & Schools program; certified under the FloorScore, program of the Resilient Floor Covering Institute; or meet California Department of Public Health 2010 Specification 01350. A5504.4.72 Verification of compliance. Documentation shall be provided verifying that resilient r7X flooring materials meet the pollutant emission limits, A5.504.4.8 Thermal insulation, Tier 1. Comply with the standards listed in Items 1 through 3. IR A5.504.4.8.1 Thermal insulation. Tier 2. Install thermal insulation which complies with Tier I plus OD I does not contain any added formaldehyde. LA5504.4.8.2 Verification of compliance. Documentation shall be provided verifying that thermal El insulation materials meet the pollutant emission limits, (continued) 144 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 (continued) 2013 s STANDARDS •r VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 A5.504.4.9 Acoustical ceilings and wall panels. Comply with Chapter 8 in Title 24, Part 2 and with the VOC- emission limits defined in the 2009 CHPS criteria and listed on its High Performance Products ❑ ❑ Database. A5.504.4.9.1 Verification of compliance. Documentation shall be provided verifying that ❑ ❑ acoustical finish materials meet the pollutant emission limits. A5.504.5 Hazardous particulates and chemical pollutants. Minimize and control pollutant entry into buildings and cross - contamination of regularly occupied areas. ❑ ❑ A5.5045.1 Entryway systems. Install permanent entryway systems measuring at least six feet in the primary direction of travel to capture dirt and particulates at entryways directly connected to the outdoors as listed in Items I through 3 in Section A5.504.5.1. ❑ ❑ A5.504.5.2 Isolation of pollutant sources. In rooms where activities produce hazardous fumes or chemicals, exhaust them and isolate them from their adjacent rooms as listed in Items I through 3 in Section A5.504.5.2. 5.504.5.3 Filters. In mechanically ventilated buildings, pr .— regularly occupied areas of the building 0 with air filtration media for outside and return air that provides at least a MERV of 8. MERV 8 filters f shall be installed prior to occupancy, and recommendations for maintenance with filters of the same value shall be included in the operation and maintenance manual. Exceptions: I.An ASHRAE 10- percent to 15- percent efficiency filter shall be permitted for an HVAC unit meeting the 2013 California Energy Code having 60,000 Btu/h or less capacity per fan coil, if ❑ ❑ the energy use of the air delivery system is 0.4 W /cfm or less at design air flow. 2.Existing mechanical equipment. 5.504.53.1 Labeling. Installed filters shall be clearly labeled by the manufacturer indicating the MERV rating. A5.504.5.3.1 Filters. In mechanically ventitlated buildings, provide regularly occupied areas of the building with air infiltration media for outside and return air prior to ocupancy that provides at least a MERV of 11. 5.504.7 Environmental tobacco smoke (ETS) control. Prohibit smoking within 25 feet of building entries, outdoor air intakes and operable windows where outdoor areas are provided for smoking and within the building as already prohibited by other laws or regulations; or as enforced by ordinances, ❑ regulations or policies of any city, county, city and county, California Community College, campus of the California State University or campus of the University of California, whichever are more stringent. TndoorMoisiure and Radon Ct�ntrtti '. 5.505.1 Indoor moisture control. Buildings shall meet or exceed the provisions of California BuiIding Code, CCR, Title 24, Part 2, Sections 1203 and Chapter 14.13 ABC c tAaljt and E ittW 5.506.1 Outside air delivery. For mechanically or naturally ventilated spaces in buildings, meet the minimum requirements of Section 121 of the California Energy Code and Chapter 4 of CCR, Title 8 or the ❑D applicable local code, whichever is more stringent.3 M. 5.506.2 Carbon dioxide (CO,2) monitoring. For buildings or additions equipped with demand control ventilation, CO2 sensors and ventilation controls shall be specified and installed in accordance with the D requirements of the California Ener y Code, CCR, Section 120(c)(4).3 Environxnelxtai Comfort A5.507.1 Lighting and thermal comfort controls. Provide controls in the workplace as described in Sections A5.507.1.1 and A5.507.1.2. A5.507.1.1 Single- occupant spaces. Provide individual controls that meet energy use requirements in ❑ ❑ the California Energy Code by Sections A5.507.1.1.1 and A5.507.1.1.2. A5.507.1.11 Lighting. Provide individual task lighting and/or daylighting controls for at least 90 ❑ ❑ percent of the building occupants. A5.507.11.2 Thermal comfort. Provide individual thermal comfort controls for at least 50 percent ❑ ❑ of the building occupants by Items I and 2 in Section A5.507.1.1.2. A5. 507.1.2 Multi- occupant spaces. Provide lighting and thermal comfort system controls for all ❑ ❑ shared multi- occupant spaces. A5.507.2 Daylight. Provide dayiit spaces as required for toplighting and sidelighting in the California ❑ ❑ Energy Code. In constructing a design, consider Items I through 4 in Section A5.5073. (continued) 2013 s STANDARDS •r NONRESIDENTIAL VOLUNTARY MEASURES SECTION ,0 -14ON RESIDENTIAL OCCUPANCIES APPLICATION CHECKLISTS—continue-4 (continued) 2013 e- BUILDING D, -r •D VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 5.507.4 Acoustical control. Employ building assemblies and components with STC values iX determined in accordance with ASTM E 40 and ASTM E 413 or OITC determined in accordance with ASTM E 1332, using either the prescriptive or performance method in Section 5.507.4.1 or 5.507.4.2. 5.507.4.1 Exterior noise transmission, prescriptive method. Wall and floor - ceiling assemblies Cpl exposed to the noise source making up the building envelope shall have exterior wall and roof ceiling assemblies meeting a composite STC rating of at least 50 or a composite OITC rating of no less than 40 with exterior windows of a minimum STC of 40 or OTCC of 30 in the locations described in Items 1 and 2. Also applies to addition envelope or altered envelope. 5.507.4.1.1 Noise exposure where noise contours are not readily available. Buildings IR exposed to a noise level of 65 dB L,-1 Hr during any hour of operation shall have exterior wall and roof - ceiling assemblies exposed to the noise source meeting a composite STC or rating of at least 45 (or OITC 35), with exterior windows of a minimum STC of 40 (or OITC 30). Aso applies to addition or alteration exterior wall 5.507.4.2 Performance method. For buildings located as defined in Sections A5.507.4.1 or Q A5.507.4.1.1, wall and roof - ceiling assemblies making up the building envelope shall be constructed to provide an interior noise environment attributable to exterior sources that does not exceed an hourly equivalent noise level (L,q IHr) of 50 dBA in occupied areas during any hour of operation. Also applies to addition envelope or altered envelope. 5.507.4.2.1 Site features. Exterior features such as sound walls or earth berms may be 1X utilized as appropriate to the project to mitigate sound migration to the interior. Also applies to addition envelope or altered envelope. 5.507.4.2.1 Documentation of compliance. An acoustical analysis documenting complying El interior sound levels shall be prepared by personnel approved by the architect or engineer of record. 5.507.4.3 Interior sound transmission. Wall and floor- ceiling assemblies separating tenant D spaces and tenant spaces and public places shall have an STC of at least 40. Outdoor Air 6nali ty ; 5508.1 Ozone depletion and global warming reductions. Installations of HVAC, refrigeration and fire suppression equipment shall comply with Sections 5.508.1.1 and 5.508.1.2. As applicable 5.508.1.1 CFCs. Install HVAC and refrigeration equipment that does not contain CFCs.' ID 5.508.1.2 Halons. Install fire suppression equipment that does not contain Halons., 121 A5.508.1.3 Hydroeblorofluorocarbons (HCFCs). Install HVAC and refrigeration equipment ❑ Cl that does not contain HCFCs. A5.508.1.4 Hydrofluorocarbons (HFCs). Install HVAC complying with either of the following: 1. Install HVAC, refrigeration and fire suppression equipment that do not contain HFCs or ❑ ❑ that do not contain HFCs with a global warming potential greater than 150. 2. Install HVAC an d refrigeration equipment that it the use of HFC refrigerant through ❑ ❑ the use of a secondary heat transfer fluid with a global warming potential no greater than 1. 5.508.2 Supermarket refrigerant leak reduction. New commercial refrigeration systems shall 0 comply with the provisions of this section when installed in retail food stores 8,000 square feet or As applicable more conditioned area, and that utilize either refrigerated display cases, or walk -in coolers or freezers connected to remote compressor units or condensing units. The leak reduction measures apply to refrigeration systems containing high - global- warming potential (high -GWP) refrigerants with a GWP of 150 or greater. New refrigeration systems include both new facilities and the replacement of existing refrigeration systems in existing facilities. Exception: Refrigeration systems containing low - global warming potential (low -GWP) refrigerant with a GWP value less than 150 are not subject to this section. Low -GWP refrigerants are nonozone- depleting refrigerants that include ammonia, carbon dioxide (CO2), and potentially other refrigerants. (continued) 2013 e- BUILDING D, -r •D SECTION A5.602 I APPLICATION CHECKLIST FOR BSC I MANDATORY 5, 08,2.1 Refrigerant Taiping.. Piping compliant with the California AfLchani ul Codt shalt be installed to be accessible for leak protection and repairs. Piping runs using threaded pipe, copper tubing with an outside diameter (OD) lless than rf4 inch, flared tubing connections and short radius elbows -,hall not be used in refrigerant systems except, as noted below. 5.508.2.1.1 Threaded pipe. Threaded connections are permitted at the compressor racy, 5.508.2.1.2 Copper pipe.. Copper tubing with an OD less than 14t inch may be used in systems with a refrigerant' chi ye of 5 pounds or less. 5.508.2.1.2.1 Anchorage. inch D tubing shall be securely clamped to a rigid base to keep vibration levels below N .mils: 5.508.2.1.3 Flared tubing ccatanection& Double-flared tubing connections may be used for pressure controls, valve pilot lines and trail. Exception: Single- flared tubing; connections may be used with a muitiring seal dieted with industrial sealant suitable for rise with refrigerants and tightened in accordance with manufacturer's recommendations. 5.508.2.1.1 Elbows. Short radius elbows are only permitted wbeae space, limitations prohibit use of long radius elbows, 5.50$ 2.2 Valves. -Valves and littings .shall comply with 'he Cah ", ruio kled -meal Code attd as follows- 5.508.2.2.1 Pressure relief valyes„ For vessels containing high -GWP refrigerant, ;a rupture disc shall be installed between the cutlet of the vessel and the inlet of the pressure relief valve. 5.508.2.2,1.1 pressure defection, A pressure gauge, pressure transducer or other; device shall be installed in time space between the rupture disc and the relief valve inlet to indicate a disc rupture of discha,ye of the relief valve. SZ08.2.2.2 Access valves. Only Schrader access valves with a brass or steel body are permitted for use: 5,508.2.2.2.1' Valve caps. For systems with a refrigerant charge of 5 pounds or more, value caps sla di be brass or steel and not plastic. 5.508,2.2.2.2 Seat caps. if designed for it, the cap shall have a neoprene 0 -ring in place, 5.5498:2°2.12.1 Chain tethers. Chain tethers to fit over the steam are required for valves designed to bave seat caps- Exception: aceptissrte salves with seal caps that are not removed from the valve during stem operation. 5.508,2.3 Refrigerated service cases. , Refrigerated service cases holding food products containing vinegar and salt shalt have evaporator coils of corrosion-resistant material. such as stainless steel; or be coated to prevent corrosion from these subsea ces. 5.541$:23.1. Coil contirng, Consideration shall be. given t' he beat transfer efficiency of coil coating to maximize energy efficiency. 5.508.2.4 Refrigerant receivers. Refrigerant receivers with capacities greater than 200 pounds shall be fitted with a device that indicates` the level of refrigerant in the receiver. 5.508.2.5 Pressure testing. The system shall be pressure tested during installation prior to evacuation and charging 5.508,2.5.1 N'linimurnp ressure. The system shall be charged with regulated dry nitrogen and appropriate tracer gas to bring system pressure up to 300 prig minimum. 5.508.2.5.2 Leaks, Cheep the system for leaks, repair atay leaks, and retest for pressure j using the same gauge: 5.508.2.5.3 Allowable pressure change. The system shall stand, unaltered. for 24 hours with no more than a -rt. , one pound pressure chance from 300psig, measured with the same gauge. 5.508.2.6 Evacuation. The system shall be evacuated after pressure testing and prior to charging. 5.508.2.6.1 First vacurim. PulI a system vacuunm down to at least 1000 microns ( +1- 5 .microns), and hold for 30 minutes. 5.5082.6.2 Second vacuum. lull a second,systern vacuum to a minimum of 500 .microns and hold for 30 minutes. 5.508.2.6.3 Third vacuum. Pull a third -vacuum down to a minimum cif 300 microns, and hold for 24 hours with a maximum drift of 100 microns over a 24 -hour period. CAL Green CALGreen Tier i Tier :2 Green building measures in this table may be mandatory if adopted by a city, county, or city and county as specified in Section 1013. Required prerequisite for this Tie.. These measures are r: unently required elsewhere in statute or in regulation. 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 147 Exhibit A to Ordinance No. 1361 Page 38 of 55 Additional requirement for non - residential Every new non - residential project shall install a sufficient number level III electric car charging stations as determine during planning stage. The number of charging stations shall be equal to 5 percent of required parking spaces, but not less than one. Charging stations shall be designated for charging only. This requirement is in addition to parking requirement for low emission vehicles. D. One copy of the adopted codes has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. The following provisions shall constitute local amendments to the cross - referenced provisions of the CBC and shall be deemed to replace the cross - referenced section of the CBC with the respective provisions set forth in this Chapter. (A) Section 1505, Fire Classification, is hereby amended as follows: Sections 1505.1, 1505.1.3 and Table 1505.1 are deleted: Sections 1505.1 through 1505.3 are amended to read as follows: The entire roof covering of every existing structure where more than 25% of the total roof area is replaced within any one year period; the entire roof covering of every new structure and any roof covering applied in any alteration, repair or replacement of the roof of every existing structure shall be a fire retardant roof covering that is at least Class B fire rating. No wood shakes or wood shingles, treated or untreated shall be permitted. EXCEPTION: Repairs and additions to existing wood roofs, under twenty -five (25 %) percent of the total existing roof area, shall be allowed to match the existing wood roof if the new materials are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be allowed within a 12 -month period. (B) Section 1510, Re- roofing, is hereby amended as to read as follows: SECTION 1510.1 GENERAL. All re- roofing shall conform to the applicable provisions of Chapter 15 of the CBC and as otherwise required in this section. Repairs to existing roofs shall be limited to 25% of the total roof area within any one -year period. Repairs exceeding 25% of the total roof area shall be considered complete re -roofs and subject to the provisions of this Code. Exhibit A to Ordinance No. 1361 Page 39 of 55 All re-roofing work which requires complete removal of existing roof coverings shall be considered as new work, and shall be reviewed and inspected under Chapter 15 of this Code. Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed per the roofing manufacturer's specifications and applicable ICC reports. Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum 8d common nails spaced 6 inches on center on the edge and 12 inches on center in the field. Lightweight roofs not exceeding 6 pounds per square foot, which are replaced with heavier roofs, shall comply with the provision of Chapter 16 of the CBC and subiect to plan check. Sheathing over existing space sheathing shall be a minimum of 3/8" in thickness. SECTION 1510.3.3. REROOFING OVERLAYS ALLOWED Not more than one overlay of composition shingles shall be allowed. (C) Section 1613.6, Suspended Ceilings is hereby added to the Code to read as follows: Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of CBC Section 2506.2.1 of this Code and this subsection. 1613.6.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein. 1613.6.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect. � f l 21IT111113,157,111 K;jl11:MMM= 1613.6.3.1 Bracing at Discontinuity. Positive bracing to the structure shall be provided at changes in the ceiling plane elevation or at discontinuities in the ceiling grid system. 1613.6.3.2 Support for Appendages. Cable trays, electrical conduits and piping shall be independently supported and independently braced from the structure. 1613.6.3.3 Sprinkler Heads. All sprinkler heads (drops) except fire- resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or Exhibit A to Ordinance No. 1361 Page 40 of 55 adaptors through the ceiling tile, in accordance with Section 13.5.6.2.2 (e) of ASCE 7. Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code. 1613.6.3.4 Perimeter Members. A minimum wall angle size of at least a two inch (51 mm) horizontal leg shall be used at perimeter walls and interior full height partitions. The first ceiling tile shall maintain 3/4 inch (19 mm) clear from the finish wall surface. An equivalent alternative detail that will provide sufficient movement due to anticipated lateral building displacement may be used in lieu of the long leg angle subject to the approval of the Superintendent of Building. 1613.6.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions. 1613.6.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobby's accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby. 1613.6.4.2 Assembly Device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4-foot (1219 mm) radius of the exit lights and exit signs. 1613.6.4.3 Emergency Systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1006.3 of this Code. 1613.6.4.4 Supports for Appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements. (D) Section 1616, Seismic Design Requirements, is hereby added to the Code to, read as follows: SECTION 1616 SEISMIC DESIGN REQUIREMENTS 1616.1 General. The text of ASCE 7 is hereby amended to read as follows- Exhibit A to Ordinance No. 1361 Page 41 of 55 12.11.2.2.3 Wood Diaphragms. In wood diaphragms, the continuous ties shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal nor shall wood ledgers or framing be used in cross -grain bending or cross -grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section. For wood diaphragms supporting concrete or masonry walls, wood diaphragms shall comply with the following: 1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form sub - diaphragms to transmit the anchorage forces to the main continuous crossties. 2. The maximum diaphragm shear used to determine the depth of the sub - diaphragm shall not exceed 75% of the maximum diaphragm shear. 1616.1.8 ASCE 7, 12.12.4. 12.12.4 Deformation Compatibility for Seismic Design Category D through F. For structures assigned to Seismic Design Category D, E, or F, every structural component not included in the seismic force - resisting system in the direction under consideration shall be designed to be adequate for the gravity load effects and the seismic forces resulting from displacement to the design story drift (A) as determined in accordance with Section 12.8.6 (see also Section 12.12.1). Exception: Reinforced concrete frame members not designed as part of the seismic force - resisting system shall comply with Section 21.9 of ACI 318. Where determining the moments and shears induced in components that are not included in the seismic force- resisting system in the direction under consideration, the stiffening effects of adjoining rigid structural and nonstructural elements shall be considered and a rational value of member and restraint stiffness shall be used. When designing the diaphragm to comply with the requirements stated above, the return walls and fins /canopies at entrances shall be considered. Seismic compatibility with the diaphragm shall be provided by either seismically isolating the element or by attaching the element and integrating its load into the diaphragm. 1616.1.9 Section: 1609.3 of CBC shall be amended to read as follows: City of Baldwin Park is located within the Los Angeles County special wind region. The wind speed shall be as determined by the Los Angeles County. Exhibit A to Ordinance No. 1361 Page 42 of 55 1616.10 Section 1609.4.2 of CBC shall be amended to read as follows: City of Baldwin Park is surrounded by open train on the north and east. Unless otherwise approved by the Building Official, Surface Roughness C shall be used to determine wind forces. SECTION 1808.6.1 FOUNDATIONS. When buildings are located on expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts, piping, and /or other non - erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Foundations in expansive soil shall be designed to comply with the following Table: Number of Floors Thickness of Width of Thickness Depth of Supported by Foundation Wall Footing of Footing Footing Foundation (inches) (Inches) (inches) (inches) Concrete I Masonry 1 6 16 12 6 24 Exception: for residential monolithically places concrete foundation located in non - hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. Minimum slab reinforcement for any building shall be #3 bars at 18 -in on center each way. (H) SECTION 3109.2 DEFINITION- The following definition is hereby added to this section of the code. BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire length. (1) Section 3109.4.1 is amended to read as follows: SECTION 3109.4.1 BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the Exhibit A to Ordinance No. 1361 Page 43 of 55 swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. (J) Section 3109.4.1.4 is amended to read as follows: 3109.4.1.4 Widely spaced horizontal members. Barriers shall not have a design configuration that provides a ladder-like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited. kdawmeynamaj This following section is hereby added to the Code.- SAFETY ASSESSMENT PLACARDS A. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. B. Application of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Baldwin Park. The City Council may extend the provisions as necessary. C. Definitions Safety assessment is a visual, non-destructive examination of a building or structure for purpose of determining the condition for continued occupancy. D. Placards 1 The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED — Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has Exhibit A to Ordinance No. 1361 Page 44 of 55 been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (c) UNSAFE — Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 2. This Municipal Code section number, the name of the City, its address, and phone number shall be permanently affixed to each placard. 3. Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. A. Appendix J, Grading, Section J 103 is amended to read as follows: BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of Public Works (except grading around building foundation and swimming pool.). B. APPENDIX J GRADING. SECTION J106 EXCAVATIONS. This section is amended by the addition of the following: EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing slope stability shall be submitted for plan review when an excavation or construction of a swimming pool, spa, or similar structure encroaches into the projected plane of a 31 or steeper slope. Exhibit A to Ordinance No. 1361 Page 45 of 55 1 Ks] U 9 [Loll. A. The National Electrical Code (NEC), 2011 Edition, promulgated by the National Fire Protection Association, 1 Batterymarch Park, (P.O. Box 9146), Quincy, MA 02269 -9959, together with the 2013 California Amendments adopted by the California Building Standards Commission as Title 24, Part 3 of the California Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein subject to the following amendments and shall be known as the Baldwin Park Electrical Code. B. One copy of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. 1 ' A permit shall be required for the installation of portable wiring for equipment for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions including wiring in, or on, all structures. For the purpose of this section temporary wiring shall be defined as temporary electrical power and lighting installations permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. Temporary wiring shall be removed immediately upon completion of construction or purpose for which the wiring was installed. The main service of a building or space shall not be energized to provide temporary lighting during construction. AMIAKI # # . . - • A Conditional Electrical Service Connection may be authorized by the Building Official when in the opinion of the Building Official the need for such connection exists and such connection cannot be achieved following the standard adopted policy or process. Conditional electrical service may be terminated at the completion of a specific purpose for which the electrical connection was granted or at the discretion of the Building Official. 11% Exhibit A to Ordinance No. 1361 Page 46 of 55 A. The Uniform Mechanical Code, 2012 Edition, promulgated by the International Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, CA, 91761-2816, together with the 2013 California Amendments adopted by the California Building Standards Commission as Title 24, Part 4 of the California Code of Regulations, is hereby adopted and enacted as the primary Mechanical Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Mechanical Code. B. One copy of each of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. PRENEWW9191:1 A. The Uniform Plumbing Code, 2012 Edition promulgated by the International Association of Plumbing & Mechanical Officials, 5001 East Philadelphia Street, Ontario, CA, 91761-2816, together with the 2013 California Amendments adopted by the California Building Standards Commission as Title 24, Part 5 of the California Code of Regulations, is hereby adopted and enacted as the Primary Plumbing Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Plumbing Code. B. One copy of each of the Codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. 111�111;1�5�j Ejji;!I1; mot irorfrOTIF 0 0 ps"I v-111wilblegal A. "Building Energy Efficiency Standards-Standards for Residential and Nonresidential Buildings" which incorporates Title 24, Part 6 of the California Code of Regulations as published by the California Energy Commission and the California Building Standards Commission, and is hereby adopted and enacted as the primary Energy Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2013 California Energy Code. B. One copy of the 2013 California Energy Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Exhibit A to Ordinance No. 1361 Page 47 of 55 �. • •r• •; • • I M I ! • • ♦ •♦ 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE. A. The California Elevator Safety Construction Code, as adopted by the California Building Standards Commission as Title 24, Part 7 of the California Code of Regulations, is hereby adopted and enacted as the Primary Elevator Safety Construction Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2013 California Elevator Safety Construction Code. B. One copy of the 2013 California Elevator Safety Construction Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 17. Adoption of the California Historical Building Code t �� ••• • A. The California Historical Building Code, as adopted by the California Building Standards Commission as Title 24, Part 8 of the California Code of Regulations, is hereby adopted and enacted as the primary Historic Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2013 California Historic Building Code. B. One copy of the 2013 California Historical Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. '• ♦• ♦ • • •. • ♦r ♦ « •r. A. The International Existing Building Code, 2012 edition, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24, Part 10 of the California Code of Regulations, is hereby adopted and enacted as the primary Existing Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2013 California Existing Building Code. B. One copy of the 2013 California Existing Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. I I I I I I I 1 9 1 111 � I'M I lI 1 1 LIMMOW141IF-11 Exhibit A to Ordinance No. 1361 Page 48 of 55 A. The California Referenced Standards Code, as adopted by the California Building Standards Commission as Title 24, Part 12 of the California Code of Regulations, is hereby adopted and enacted as the primary Referenced Standards Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the 2013 California Referenced Standards Code. B. One copy of the 2013 California Referenced Standards Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. SUBJECT: An appeal of the Planning Commission's failure to reach a majority decision on a request for a conditional use permit for a 27-bed, adult residential care facility within the R-1, Single- Family Residential Zone (Location: 3562-3572 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: CP-801). • I T.q 7-6- This report represents an appeal of the Planning Commission's failure to reach a majority decision on a conditional use permit to allow a 27-bed, adult residential care facility within the R-1, Single-Family Residential Zone pursuant to Table 153.040.020 of the City's Municipal Code. SUBJECT PROPERTY AND SURROUNDING LAND USES The site, which consists of two (2) properties is currently zoned R-1, single-family residential and has a consistent General Plan land use designation of Single-Family Residential. Each of the properties has 85 feet of street frontage and is about 273 feet deep, totaling approximately 46,410 s.f. of land area (1.07 acres). There are six (6) structures on the properties-, however, two (2) structures are proposed to be demolished. The table below provides a detail of the building data. TABLE #1 PROPOSED ON-SITE BUILDINGS TO REMAIN EXISTING FLOOR AREA BUILDING HEIGHT MISCELLANEOUS INFORMATION Building A 5,230 s.f. 15' Building B 800 s.f. 12' Building C 5,960 s.f. 23' 2,800 s.f. of floor area proposed to be added Building D 1,180 s.f. ill CP-801 (appeal) 3562 Vineland Avenue December 20, 2013 Page 2 of 9 The table below identifies the existing land uses that surround the subject property. TABLE#2 SURROUNDING LAND USES ADJACENT PROPERTY LOCATION ZONING PROPERTY USE North R-1 Single-Family Residential East R-1 Single-Family Residential South R-1 Vacant West R-1 Single-Family Residential 1:1 -.101 :1 a a I The property has had several hearings for entitlements before the Planning Commission and the City Council. The table below summarizes those hearings. TABLE #3 ENTITLEMENT SUMMARY CASE NUMBER REQUEST ACTION A 120 bed Planning Commission Resolution PC 63-61, CP-8 convalescent home approved, May 22, 1963. Condition of approval states CUP expires May 22, 1993 Appeal of Planning City Council Resolution 63-153 approved CP-8 Commission's stating (a) maximum of 52 beds, (b) only aged approval on persons no mental or alcoholic patients and (c) 5/22/1963. permit expires on December 31, 1977 Approval to operate a Planning Commission Resolution PC 78-25 CP-268 group home. approved July 12, 1978. Limited to 49 beds and developmentally disabled adults only. Planning Commission Resolution PC 79-37 approved October 10, 1979 revoking CP-268 no longer allowing the operation of a group home, specifically in violation of condition W, which states "on site activities or off-site Revocation by the activities that are reports to the Planning CP-268 Planning Commission Commission by the Planning Department as Revocation of CP-268 being detrimental to the public health or safety or as to constitute a nuisance may be grounds for revocation of this conditional use permit." The staff report indicates that there was a lack of basic supervision of the residents and the residents would wander off-site into the C:\Amy\AMY\W0RD\Reports\Counci1 Reports\CP-801 #8.doc CP-801 (appeal) 3562 Vineland Avenue December 20, 2013 Paqe 3 of 9 CASE REQUEST ACTION NUMBER neighborhood, prompting neighbors to contact the City's Police Department. Applicant filed an CP-268 appeal of the Planning City Council Resolution 79-116, approved on Revocation Commission's November 21, 1979, upheld Planning decision to revoke CP- Commission revocation of CP-268. 268 Applicant filed a court case to overturn the Planning Commission Resolution PC 84-12 111-10 CP-/-Uo revocat''n n io and wo. approved March 14, 1984, modified CP-268 to Modification This request is a allow a maximum of 57 residents in a modification of CP- handicapped care facility. 268 CEQA/NOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. A Notice of Public Hearing for this appeal was posted at the subject property, Esther Snyder Community Center and Barnes Park on December 5, 2013, and Public Hearing Notices were also mailed on December 5, 2013, to all property owners within a 300-foot radius of the subject site. DISCUSSION Prior Use of the Property In 1965, the property was utilized as a 52 bed rest home facility for the aged. No more than 30 beds could be utilized for ambulatory patients and 22 beds for non-ambulatory patients. No mental or alcoholic patients were allowed. In 1978, another public hearing was held for consideration of a conditional use permit for a developmentally disabled group home with no more than 49 residents permitted (but not including alcoholics or mentally ill patients). About one year later the City's Police Department requested that the facility's conditional use permit be revoked on the grounds the residents were unsupervised and wandering the neighborhood, day and night. The staff report indicates there were approximately 20 calls to the Police Department related to the residents of the facility creating a public nuisance. CAAmy\AMY\W0RD\Reports\Counci1 Reports\CP-801 #8.doc CP -801 (appeal) 3562 Vineland Avenue December 20, 2013 Page 4 of 9 In 1979, after a public hearing before the Planning Commission and the City Council on appeal, the conditional use permit was eventually revoked. However, the Applicant chose to initiate litigation and the court overturned the revocation. Since no further action was taken by the City, the conditional use permit remained in effect. The existing conditional use permit, CP -268 was modified in 1984 to allow a maximum of 57 residents in a handicapped care facility. Said facility remained in operation until the early 1990's, since that time the property has gone unutilized. Current Proposal The Applicant's original proposal requested approval of a conditional use permit to operate a 43 -bed res:denteal care facility for the ambulatory elderly. However, one August 14, 2013, revised plans were submitted which indicated the overall bed count would be reduced from 43 -beds to 27 -beds, with one (1) bed per room. According to the City's business license records, the site has not been utilized as a residential care facility, or in any other manner, since the very early 1990's. Since the early 1990's, the site and the existing structures on the property have deteriorated and fallen into disrepair. There have been numerous Code Enforcement violations for failing to secure the structures and failing to remove overgrown vegetation. This conditional use permit, if approved by the City Council, would allow for the renovation to the existing site and additions to the existing buildings, establishing a new, 27 -bed residential care facility. However, since there are two separate properties (3562 and 3572 Vineland Avenue) which encompass the Applicants' request, neither of the properties could function as a residential care facility indpendently. As such, if the conditional use permit is approved by the City Council, Staff would recommend a condition of approval requiring the Applicant to submit an application for a lot tie to the City's Engineering Division. The lot tie will bring the two properties together resulting in one property that meets the development standards for minimum lot size, lot width, and lot depth for a residential care facility use. Section 153.040.030 of the City's Zoning Code provides specific development standards for places of assembly, educational institutions, and residential care facilities. These standards include minimum lot size, minimum lot width, depth and street frontage as well as side yard setback. With the required lot tie, review of the plans indicates that the project proposal does meet and /or exceeds the development standards contained in Section 153.040.030 of the City's Zoning Code. The overall site has six (6) existing structures. Four (4) of the structures are proposed to be rehabilitated and renovated to accommodate the revised 27 -bed facility, associated dining, recreation, and facility staff areas. Two structures will be demolished to provide area for on -site parking and a landscaped open space area. Building A has sixteen (16) rooms, which will accommodate one (1) individual per room, C:Wmy\AMY \WORD \Reports \Council Reports\CP -801 #8.doc CP -801 (appeal) 3562 Vineland Avenue December 20, 2013 Pape 5 of 9 and each room has its own bathroom. Currently, the existing building contains approximately 5,300 s.f. of floor area; however, the Applicant is proposing an additional 2,800 s.f. addition which will include expanded floor area additions to the bedrooms, new laundry room and mechanical equipment room. The proposed floor area of Building A, including the new addition, would be 8,120 s.f. Elevation materials include earth -tone stucco, new vinyl energy efficient windows with decorative panel shutters, and a tile roof. Building B has three (3) single individual bedrooms each with their own bathroom. Elevations along this building include a combination of beige and white stucco and siding, along with new vinyl windows and a combination asphalt shingle and the roofing materials. Building C, contains the dining area and kitchen which are semi - subterranean, and eight (8) single, individual bedrooms above, each with their own bathroom. Elevations include a combination of beige and white stucco and lap siding along with new vinyl windows and a combination asphalt shingle and the roofing materials. Building D, has common area living and accessory rooms (Jacuzzi room for residents and offices for staff). New vinyl windows are proposed to be installed and the elevations will be beige and white, consistent with the City's color ordinance. Roofing material for this building is tile. Building D faces Vineland Avenue, and although will not be the primary entrance into the building, does have numerous windows and a large porch area which extends across the elevation. There are stairs along this elevation for pedestrian access. Not including the landscaped street -side setbacks, there is approximately 4,100 s.f. of open space area proposed throughout the site, landscaped with turf. Setbacks along both Stichman Avenue and Vineland Avenue range between 18 and 20 feet and are proposed to be fully landscaped primarily with turf and a variety of other plant materials. There are several existing, mature trees throughout the site, which appear to be incorporated into the proposed overall landscaping of the site. However, if approved, Staff recommends including a condition of approval requiring the Applicant to submit a formal tree removal application to the Tree Officer for review and approval, prior to any tree removal. On August 14, 2013, the Applicant submitted revised plans which indicate that the overall bed count would be reduced from 43 -beds to 27 -beds. A reduced set of those plans were included with the August 28, 2013 staff report requesting a continuance and in the subsequent staff reports after that date. (See Attachment #1, Exhibit "A" attached hereto.) Parking for the original 43 -bed facility was calculated at one parking space for each 3- beds, resulting in fourteen (14) required spaces. However, the revised bed count, utilizing the same formula of one (1) parking space for each three (3) beds, requires nine (9) parking spaces. Nineteen (19) on -site parking spaces are shown on the plans CAAmy\AMY \WORD \Reports \Council Reports \CP -801 #8.doc CP -801 (appeal) 3562 Vineland Avenue December 20, 2013 Paqe 6 of 9 for the entire facility. Based upon the facilities business plan (Attachment #8) and the plans shown as Exhibit "A ", Attachment #1, there could be a maximum of ten (10) employees at one given time. Exhibit "A" shows parking stalls that meet current code size of 10' by 20' (or 10.5' by 20' if adjacent to a wall). The only vehicular access to the site from Vineland Avenue is to a designated loading space which is nearby Building C and the kitchen /dining area. An entry statement to the facility's parking area, with textured concrete pavers, lushly landscaped planters, and signage is proposed at the Stichman Avenue entrance. As shown in Table #4 below, each Planning Commission meeting date is noted along with a brief summary of the comments and concerns as well as the Commission action. TABLE #4 SUMMARY OF PLANNING COMMISSION MEETING ACTIONS* *Copies of the staff reports and action minutes from each of the Planning Commission meetings are included as Attachments #4 and #5, respectively. C:Wmy\AMY \WORD \Reports \Council Reports \CP -801 #8.doc # # SPEAKING MEETING SPEAKING IN SUMMARY OF COMMENTS PLANNING DATE IN FAVOR OPPOSITION &CONCERNS COMMISSION ACTION OF TO PROJECT PROJECT Continued to June 26, May 22, 0 1 More traffic and noise 2013 —Staff was unable 2013 to complete the staff report in a timely manner Continued to July 24, June 26, 1 3 Traffic, noise, lack of a 2013 - -- Commission 2013 responsible property owner requested additional information. Type of residents at facility, Continued to August 28, July 24, traffic, noise, lighting, parking, 2013— Applicant was not 2013 0 19 lack of responsible property present at meeting. Staff working with Applicant on owner additional information. A "business" in residential Continued to October 9, August 28, zone, traffic, parking, noise, 2013 —Staff was unable 2013 2 17 number of existing residential to review the revised facilities in area, construction plans submitted 8/14113. noise October 9, Traffic, noise from Continued to October 23, 2013 2 16 ambulances, lighting, parking, 2013 —A full Commission proximity to elementary school was not present. Additional traffic, proximity to elementary school, unfamiliar October 23, 2 15 faces /visitors, ambulance Failure to reach a majority 2013 noise, parking, lighting, value decision by PC. depreciation of adjacent homes. *Copies of the staff reports and action minutes from each of the Planning Commission meetings are included as Attachments #4 and #5, respectively. C:Wmy\AMY \WORD \Reports \Council Reports \CP -801 #8.doc CP -801 (appeal) 3562 Vineland Avenue December 20, 2013 Paqe 7 of 9 Presumably in response to the public opposition, on August 14, 2013, after the May, June and July Commission meetings, the Applicant submitted a new set of plans which reduced the proposal from a 43 bed facility to a 27 bed facility. Unfortunately, given the late timing of the submittal of the revised plans, an analysis could not be provided for the Commissioners at their August 28, 2013 meeting. At the October 9th meeting, the Planning Commission considered the new proposal. Staff indicated that the revised bed count to 27 -beds would result in fewer residents at the facility and less required parking for the facility in accordance with the Code requirement. Nineteen on -site parking stalls have consistently been identified on the plans since the ,applicant's original submittal. Based upon the revised bed count (27- beds), a minimum of nine parking stalls would be required (one space for each 3- beds). In addition, the Applicant's business plan indicates that a maximum of 10 employees would staff the facility. This would leave 9 spaces for residents and visitors with the remainder utilizing on- street parking. Ial4XelynIg[H 7A _1z114,111[ex•7•7illiiII+'T -RelT i�l�l�iil�Ce�i • : � On Monday, October 14, 2013, Bruce Ashoori, President/Secretary of Eastern Keystone, Inc. submitted a letter to the City. (See Attachment #6.) In the letter, Mr. Ashoori, requests that the Planning Commission consider the original 43 -bed facility at its next scheduled public hearing on October 23, 2013, however given the late timing of the request, there was insufficient time for staff to reanalyze the project with additional beds and in light of the public's perceived concerns, including traffic, noise, and lighting impacts. The request was submitted to the Planning Commission though it took no action on this request. PLANNING COMMISSION MEETING OCTOBER 23 2013 Prior to the opening of the continued public hearing on October 23, 2013, and consistent with prior Commission public hearings on this item, Chair Muse stated that since he owned property within 500 feet of the subject property he would have to recuse himself from this item. At the conclusion of the public hearing, a motion was first made to bring back a resolution denying the item; a roll call vote had two Commissioners in favor and two Commissioners opposed. The motion died because of a lack of a majority vote. After further discussion, a second motion was made to bring back a resolution approving the item, this motion was seconded, and a roll call vote identified two Commissioners in favor and two Commissioners opposed. This motion also died because of a lack of majority vote. A complete appeal (both the written appeal and filing fee) of the Planning Commission's failure to reach a majority decision was received by the Planning Division prior to the deadline of November 4, 2013. C:Wmy\AMY \WORD \Reports \Council Reports \CP -801 #8.doc CP-801 (appeal) 3562 Vineland Avenue December 20, 2013 Page 8 of 9 LEGAL REVIEW This report has been reviewed and approved by the Assistant City Attorney as to legal form and content. 1:7 if, I J, lag, 157il 1 101w, Staff recommends that the City Council receive any public comment on the item, close the public hearing, and direct staff to EITHER: (1) bring back to the January 15, 2014 City Council meeting, a resolution of approval, Resolution 2013-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-11, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801); gr (2) bring back to the January 15, 2014 City Council meeting a resolution of denial, Resolution 2013-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801); ATTACHMENTS #1, Revised Exhibit "A" dated December 18, 2013 #2, Vicinity Map #3, Application Forms and Statements #4, Planning Commission Staff Reports #4A, May 22, 2013 #413, June 26, 2013 #4C, July 24, 2013 #4D, August 28, 2013 #4E, October 9, 2013 #4F, October 23, 2013 CAAmy\AMY\W0RD\Reports\Councii Reports\CP-801 #8.doc CP -801 (appeal) 3562 Vineland Avenue December 20, 2013 Paqe 9 of 9 #5, Planning Commission Minutes #5A, May 22, 2013 #5B, June 26, 2013 #5C, July 24, 2013 #51D, August 28, 2013 #5E, October 9, 2013 #5F, October 23, 2013 #6, Letter received October 14, 2013 from Bruce Ashoori #7, Appeal Letter #8, Business Plan for Keystone Horizon Elderly Care C:Wmy\AMY \WORD \Reports \Council Reports \CP -801 #8.doc � t I` � 1 r J � ,. r � � � � � � � s F , A � K � & TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CRA Conceptual Approval APPLICATION INFORMATION I I Name of Applicant(s) — -/ Address 4� 311 /, J1 + Phone No.- � 2- 3 2-Y - 6Y Capacity. Owner(s) of Record Owner's Address PROPERTY INFORMATION C '(OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813-5261 Redevelopment Overlay Zone Variance Conditional Use Permit Administrative Adjustment —Specific Plan Other ..7 Location ---5 �;-6 2- t/ l4 ve Assessor Parcel Number(s) � �el- 0 zz- - &c/o -C` L- -1/ Tract and Lot N umber(s) 36 4 -3'-) Existing General Plan Designation Existing Zoning for each Parcel Existing Land Use Code Section to be Amended Purpose of request --Ir6 4 FE CERTIFICATION STATEMENT: 1 /we acknowledge the filing of this application and certify that all the above information is true and accurate and that [/we have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) Signature Sig nature Date Date FOR CITY USE ONLY: File Fee: i 5u I * - Received by:_ Qm— Date: 13 9cev i tone 040 t 9 zon .41detig fa te Attention Amy Harbin: Dated 04/10/13 RE: CUP appl. Submittal; APN's 8554-022-040 & 8554-022-41: CP-801 From & Prepared by: (Applicant) Joe M Lopez Regarding: Justification Application Pages I thru 4 ( not includ. Face cover) CO . I�L-; APR 2 2 2013 R C We are hereby applying for a Conditional Use Permit for the On -Site operation facility of a Residential Care for the Elderly, within the Residential Zoning, pursuant to Table §153.040.020 & §153.040.030 of the City of Baldwin Park Zoning Code adopted 5 -2 -12. LOCATION OF SUBJECT PROPERTY: 3562 Vineland Avenue, Baldwin Park, CA 91706 FACTS & FINDINGS: (PLEASE NOTE: All code references refer to the City of Baldwin Park Municipal Code, unless otherwise stated.) LOCATION: The subject property's current address is located on Vineland Avenue which is perpendicular to two parallel main streets, Merced Avenue and Pacific Avenue. The subject property is adequate in size and shape to accommodate the proposed use thereof and occupies two lots of land (Lot No. 36 and Lot No. 37), totaling a combined overall land area of 1.07 acres (46,609 square feet). Of this, there is 28% of lot coverage, consisting of four building structures, exclusive of parking lot, driveways, walkways and miscellaneous. • Each "through lot" is of rectangular shape that exceeds the 70' minimum requirement in lot width, lot depth and lot street frontage, pursuant to § 153.040.030 (A.2.). ® Each lot meets the minimum requirement of one -half acre of land, pursuant to §153.040.030 (A.1.). In addition to our condition of Use Permit Application, we would like to request a Covenant Agreement to hold the two lots as one,.in which we will not, at any time present or future, use or sell said lots separately. All proposed existing structures, as well as add -on additional building space to existing "A" building meet the minimum setback requirements, pursuant to §153.040.030 and allowable building space, pursuant to the C.B.C. Chapter 5- 503.1. All structures are part of, subordinate, related and /or incidental to the primary function. The project contains several open spaces of sufficient size in order to facilitate outdoor enjoyment, recreational activities and safety evacuations, as described on Submitted Plans (Sheet L -101) [Keynote Legend 31, 33, 34,35 37, 39 and a open space area, South of Building 11D ".] I I P a g e TRAFFIC: Traffic circulation on Vineland Avenue momentarily becomes disruptive between and before two parallel side streets (Cloverside Street & Clyewood Street.), normally occurring during weekdays, between the beginning and after school hours of Vineland Elementary School (which is located approximately 130 Feet North of the Subject Property), wherein parents pick up and /or drop off their children. With the exception of the school, traffic volume activity is generally used by residents in the vicinity to cross over from Merced Avenue to Pacific Avenue, or vice versa to travel to and ? /or from work. We do not anticipate that it would cause any additional significant effects on traffic volume, safety or circulation due to business use and size, along with the relocation of the principal point of entrance from Vineland Avenue to Stichman Avenue. Stichman Avenue does not have a through street, but ends on a cul de sac on Oppos,te ends. Traffic activity to and from the subject property VJ ®uid Con Vey North allU South on Stichman Avenue and East and West on Cloverside Street and Clyewood Street to Vineland Avenue. That would leave access to two main streets, Merced Avenue and Pacific Avenue. Through this route, street circulation would avoid the traffic delay on both sides of Vineland Avenue from the congestion from Vineland Elementary School. The asphalt street pavement type, as per City standard and ADA driveway approach is sufficient to carry the quantity and quality of traffic. Stichman Street's paved asphalt , exceeds the City Standard width requirement, with a width dimension of 35' -10" and the ADA driveway approach exceeds the city standard minimum width requirement of 20', with a dimension of 26' in width, pursuant to §153.040.030 (A.4). There is also sufficient parking lot circulation, pursuant to §153.150.050 (A.4). Based on these facts and assessments, we do not expect to have significant adverse effects upon adjacent properties, but we anticipate minimal impact, such as traffic volume and circulation, on -site noise transmission, which is reduced by a 6' block wall located at the property line, pursuant to §153.150.60 (D.) and noise compliance which is not to exceed a decibal (dBA) level, pursuant to §153.140.070. VISITATION ASSESSMENT: Our pre - client visitation assessment is as follows: Weekends are expected to produce the largest part of visitation, followed by after work hours on weekdays, in collaboration with code compliance and analyzing staff, visitations, days and time frames, sufficient parking spaces are provided pursuant to table §153.150.40 (C.). As per the City of Baldwin Park Municipal Code requirements of a ratio of 1:8 parking spaces for 21 Page resident clients, 1:1 parking spaces for facility, 1:250 Square Footage of Office parking space and 1:25 ADA as required by state law. 1. Our maximum potential number of client beds, are 43, requires 5 parking spaces. 2. Our office operating space is 252 square feet, requires 1 parking space. 3. Our maximum number of employees, at a given time is assessed to be 10 staff members, which would require 10 parking spaces. Therefore, the required number of necessary parking spaces is 18, including facility and ADA, however the total number given is 19 parking spaces. •. • Off of subject property, there may be an occasional emergency response audio signal, but this is a long term elderly care facility, and not a nursing home. These residents are not in need of medical care supervision, so therefore, emergency responses are expected to be minimal. • Exterior lighting is directed away from adjacent properties, so as not to illuminate the adjacent properties, pursuant to §153.150.40 (F.) and §153.150.070 (G.). • Trash refusal containment is screened by a decorative masonary block wall which is away from public view and approximately 25' from the nearest property line, so trash refusal odor will not have an adverse effect. CONCLUSION: This proposed business to operate an RCFE facility, would be a contribution for the City of Baldwin Park towards meeting the goals outlined in the California Strategic Plan for the Aging Population prepared by the California Health and Human Services. In an excerpt from (2003) California's strategic plan for an aging population, Excerpts from reports by Scharloch A., Torres -Gil F. and Kaskie B and Lee R., Miller T., and Edwards R., Page 3 A. The Changing Demographics "The rapid aging of California's population represents a demographic imperative that cannot be ignored. California's population is expected to increase by 172% by 2040, with most of the growth occurring in the coming 20 years. The greatest growth will be among the oldest Californians, those age 85 years and older, whose numbers are projected to grow 200% over that 40 year period. By 2040, the ratio of the elderly to adults under age 65 will have increased by 80 % ". " 3 Page This proposed business will meet the needs of elderly assistance and growing demands which can be a resourceful tool for community development programs and activities to the City of Baldwin Parks objectives, goals and image. Due to the current inactivity of the subject property, and the appearance of abandonment, conformity will bring the proposed plan to an active, supervised environment, including maintenance that would substantially increase the property value and appreciated appearance, through aesthetic element design in structures, parking lot design and landscaping features. In essence, new activity on this street, has the potential to reduce crime, gang activity and the attraction of young teenagers, who are seeking low profile streets and street inactivity. Can the contrary of adverse effects, this business is in need of activity and exposure to bring a little bit of light into a dark area, where positive, lively contributions may improve the neighborhood of Stichman Avenue. Many tools and resources provided by Keystone Elderly Care, will provide neighbors and the community with adequate space and a peaceful atmosphere to hold meetings such as Neighborhood Watch programs and other ideas that will enhance the safety and quality of livelihood within the adjacent areas and community. Thank you for considering and reviewing our proposed plan. It is very appreciated. Signed: Applicant and Agent of Eastern Keystone Inc. Sincerly- 5o� At -dCope-z 41 Page 1 l ir • CATS] MUM 1 IA Rim n BALDWIN P -A - R- K TO: PLANNING COMMISSION Honorable Chair and Planning Commissioners Amy L. Harbin, AICP, City Plann6,?_-#j! 4,, � May 22, 2013 pk�� SUBJECT: CONTINUED TO JUNE 26, 2013. A request for consideration of a conditional use pen-nit to allow an adult residential care facility within the RX-1, Single-Family Residential Zone (Location: 3562 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: CP-801). 1:111a This report requests the Planning Commission continue this item to the June 26, 2013 meeting of the Planning Commission. BACKGROUND/DISCUSSION Although staff properly noticed this item for the May meeting of the Planning Commission, given the complexity of the submittal, staff was unable to complete the staff report in a timely manner and consequently is requesting a continuance to the June 26, 2013 meeting of the Planning Commission. RECOMMENDATION Since the item wasp properly noticed, Staff is recommending that the Planning Commission receive any public testimony or comments on the item and continue the public hearing to the June 26, 2013, Planning Commission meeting. C:14-Y1AM VVORDIRePcitsXCommission ReportsXCP-801 Continve.doo Rlll ilk I ► TO: Honorable Chair and Planning Commissioners FROM: Amy L. Harbin, AICP, City Plan DATE: June 26, 2013 SUBJECT: CONTINUED FROM MAY 22, 2013. A request for consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single-Family Residential Zone (Location: 3562-3572 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: GP-801). This application represents a request for Planning Commission's consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single- Family Residential Zone pursuant to Table 153.040.020 of the City's Municipal Code. The site, which consists of two (2) properties is currently zoned R-1, single-family residential and has a consistent General Plan land use designation of Single-Family Residential. Each of the properties has 85 feet of street frontage and is about 273 feet deep, totaling approximately 46,410 s.f. of land area (1.07 acres). There are six (6) structures on the properties; however, two structures will be demolished. The table below provides a detail of the building data. Table #1 REMAINING ON-SITE BUILDING DATA The table on the next page identifies the existing land uses that surround the subject property: ' EXISTING MISCELLANEOUS iFLOORAREA,;,' �zH E -10 FOIRMA-T, 6W' Building A 5,230 s.f. 15, Building B 800 s.f. 12' Building C 5,960 s.f. 23' 2,800 s.f. of floor area proposed I to be added L§ujilding D 1,180 s.f. III I The table on the next page identifies the existing land uses that surround the subject property: CP-801 3562 Vineland Avenue June 26, 2013 Paqe 2 of 9 TABLE#2 SURROUNDING LAND USES The property has had several hearings for entitlements before the Planning Commission and the City Council. The table below summarizes those hearings. TABLE #3 ENTITLEMENT SUMMARY ASF NUMBER".. U �A ��I ACTON CP-B A 120 bed PC 63-61, a pproved, May 22, 1963. C ondition convalescent home of approval states CUP expires May 22, 1993 Appeal of Planning CC Resolution 63-153 approved stating (a) CP-8 Commission's maximum of 52 beds, (b) only aged persons no approval on mental or alcoholic patients and (c) permit 5122/1963. expires on December 31, 1977 Approval to operate a PC 78-25 approved July 12, 1978. Limited to CP-268 group home. 49 beds and developmentally disabled adults only. PC 79-37 approved October 10, 1979 revoking CP-268 no longer allowing the operation of a group home, specifically in violation of condition W, which states "on site activities or off -site activities that are reports to the Planning Commission by the Planning Department as being detrimental to the public CP-268 Revocation by the health or safety or as to constitute a nuisance Revocation Planning Commission may be grounds for revocation of this of CP-268 conditional use permit." The staff report indicates that there was a lack of basic supervision of the residents and the residents would wander off-site into the neighborhood, prompting neighbors to contact the City's Police Department. C,;:'AmyVkMYkWORDkRepoftIComrrission ReportsVCP-801 #3,doc CP-801 3562 Vineland Avenue June 26, 2013 Paoe 3 of 9 CEOAINOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. A Notice of Public Hearing was posted at subject property, Esther Snyder Community Center and Barnes Park on May 9, 2013, and Public Hearing Notices were also mailed on May 8, 2013, to all property owners within a 300-foot radius of the subject site. Prior Use of the Property In 1965, the property was utilized as a 52 bed rest home facility for the aged. No more than 30 beds could be utilized for ambulatory patients and 22 beds for non-ambulatory patients. No mental or alcoholic patients would be permitted. Approximately 18 years later, another public hearing was held for a conditional use permit for a developmentally disabled group home with no more than 49 residents permitted, but no including alcoholics or mentally ill patients. About one year later the City's Police Department requested that the facility's conditional use permit be revoked on the grounds that residents were unsupervised and wandering the neighborhood, day and night. The staff report indicates that there were approximately 20 calls to the Police Department for service for situations with residents of the facility creating a public nuisance. After a public hearing before the Planning Commission and the City Council on appeal, the conditional use permit was eventually revoked. However, the Applicant chose to initiate litigation and the court overturned the revocation because one of the City Council members was disqualified. Since no further action was taken by the City, the C:\Amy44UYIWORD4ReportSiCommission ReportsNCP-801 #3.doc Applicant filed an CP-268 appeal of the Planning City Council Resolution 79-116, approved on Revocation Commission's November 21, 1979, upheld Planning decision to revoke CP- Commission revocation of CP-268. 268 Applicant filed a court CP-268 case to overturn the revocation and won. PC 84-12 approved March 14, 1984, approved Modification This request is a the modification of CP-268 to allow a maximum of CP_ of 57 residents in a handicapped care facility. Imodification 268 CEOAINOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. A Notice of Public Hearing was posted at subject property, Esther Snyder Community Center and Barnes Park on May 9, 2013, and Public Hearing Notices were also mailed on May 8, 2013, to all property owners within a 300-foot radius of the subject site. Prior Use of the Property In 1965, the property was utilized as a 52 bed rest home facility for the aged. No more than 30 beds could be utilized for ambulatory patients and 22 beds for non-ambulatory patients. No mental or alcoholic patients would be permitted. Approximately 18 years later, another public hearing was held for a conditional use permit for a developmentally disabled group home with no more than 49 residents permitted, but no including alcoholics or mentally ill patients. About one year later the City's Police Department requested that the facility's conditional use permit be revoked on the grounds that residents were unsupervised and wandering the neighborhood, day and night. The staff report indicates that there were approximately 20 calls to the Police Department for service for situations with residents of the facility creating a public nuisance. After a public hearing before the Planning Commission and the City Council on appeal, the conditional use permit was eventually revoked. However, the Applicant chose to initiate litigation and the court overturned the revocation because one of the City Council members was disqualified. Since no further action was taken by the City, the C:\Amy44UYIWORD4ReportSiCommission ReportsNCP-801 #3.doc CP-801 3562 Vineland Avenue June 26, 2013 Page 4 of 9 conditional use permit remained in effect. The existing conditional use permit, CP-268 was modified in 1984 to allow a maximum of 57 residents in a handicapped care facility. However, as mentioned below, the property has not been utilized in any manner since the early 1990's. Current Proposal The Applicant is requesting approval of a conditional use permit to operate a 43-bed residential care facility for the ambulatory elderly. According to the City's business license records, the site has not been utilized in this manner or any other manner since the very early 1990's. Since that time, the site and the existing structures on the property have deteriorated and fallen Into disrepair. There have been numerous Code Enforcement violations for failing to secure the structures and to remove overgrown vegetation. This conditional use permit will allow the renovation to the existing site and additions to the existing buildings which would establish a new residential care facility_ Section 153.040.030 of the City's Zoning Code provide specific development standards for places of assembly, educational institutions, and residential care facilities. These standards include, minimum lot size, minimum lot width, depth and street frontage as well as side yard setback. A review of the plans indicates that the project proposal meets and/or exceeds the development standards contained in Section 153.040.030 of the City's Zoning Code. Since there are two properties (3562 and 3572 Vineland Avenue) which encompass the Applicants request, and that neither of the properties could function as a residential care facility on their own, Staff is requiring as a condition of approval that the Applicant submit a lot tie to review and approval to the City's Engineering Division. The lot tie will bring the two properties together as one property. The site has six (6) existing structures, Four (4) of the structures are proposed to be rehabilitated and renovated to accommodate a maximum of 43-beds and associated dining, recreation, and facility staff areas. Two structures will be demolished to provide area for on-site parking and landscaped open space area. Building A has sixteen (16) rooms, which appear to accommodate 2 individuals per room and each room has its own bathroom. The existing building contains approximately 5,300 s.f. of floor area and the Applicant is proposing an additional 2,800 s.f. addition which will include expanded floor area additions to the bedrooms, new laundry room and mechanical equipment room. The proposed floor area of Building A, including the new addition would be 8,120 s.f. Elevation materials include earth-tone stucco, new vinyl energy efficient windows with decorative panel shutters, and a tile roof. Building B, has 3 single individual bedrooms each with their own bathroom. Elevations include a combination of beige and white stucco and lap siding along with new vinyl windows and asphalt shingle and the roofing material. C:%AMYIAMYXWORDkRoPoTts%Commissiori Reports4CP-801 #3.(Joc CP-801 3562 Vineland Avenue June 26, 2013 Page 5 of 9 Building C, contains the dining area and kitchen which are semi-subterranean, and 8 single, individual bedrooms above, each with their own bathroom. Elevations include a combination of beige and white stucco and lap siding along with new vinyl windows and asphalt shingle and tile roofing material. Building D, has common area living and accessory rooms (Jacuzzi room for residents and offices for staff). New vinyl windows will be installed and the elevations will be beige and white, consistent with the City's color ordinance. Roofing material for this building is tile. Building D faces Vineland Avenue, and although will not be the primary entrance into the building, does have numerous windows and large porch area which extend across the elevation stairs as well as stairs for access. Within the facility and not including the landscaped street-side setbacks, there is approximately 4,100 s.f. of open space area spaced throughout the site, landscaped with turf. Setbacks along both Stichman Avenue and Vineland Avenue range between 18 and 20 feet and are proposed to be fully landscaped primarily with turf and some other plant materials. There are also several existing, mature trees throughout the site, which appear to be incorporated into the proposed overall landscaping of the site_ However, a condition of approval is included such that if any trees are to be removed, the Applicant shall submit a formal tree removal application to the Tree Officer for review and approval prior to the tree's removal. Parking for the facility was calculated at one parking space for each 3-beds, which required 14 spaces; however nineteen (19) on-site parking spaces are provided for the entire facility. Based upon the facilities business plan (Attachment #4) there could be a maximum of ten (10) employees working during any one shift so it does not appear that on-site parking or traffic would be an issue. Exhibit "A" shows parking stalls that meet current code size of 10' by 20' (or 10.5' by 20' if adjacent to a wall). The only vehicular access to the site from Vineland Avenue is to a designated loading space which is nearby Building C and the kitchen/dining area. An entry try statement to the facility's parking area, with textured concrete pavers, lushly landscaped planters, and signage is proposed at the StiGhman Avenue entrance. Staff supports approval of the conditional use permit as it will allow for the beneficial use and improvement of a site that has fallen in disrepair over the years. Renovation of the existing site and structures will bring the structures into compliance with Building Code for residential care facilities. In addition the project will provide housing for the elderly, a group that is otherwise largely excluded from the City's Housing Market. In providing this housing, the project will not create any negative or undue impact upon the surrounding residential neighborhood. Most the property will be improved and maintained with lush landscaping which should prove beneficial to the residential and community alike. C:kAmIYAMYIWORD\Reports\Commission RepartskCP_801 93.C100 CP-801 3562 Vineland Avenue June 26, 2013 Page 6 of 9 This report has been reviewed and approved by the City Attorney's Office as to legal form and content. 1 Conditionally permitted. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter in that a residential care facility is a permitted use in the Single-Family Residential Zone through the conditional use. permit process. The site will be developed in accordance to all of the applicable development standards, including parking stall size and vehicular circulation; and 2. Zone integrity and character. The use will not impair the integrity and the character of the zone in which it is to be located, in that the use of the property as a residential care facility conforms with the neighboring residential uses. The proposed facility is located on properties totaling 46,609 s.f- of land area with a lot coverage of approximately 28%. The proposed lot coverage is considerably less than the maximum allowable lot coverage for the R-1 Zone which is 45%. 3. Site suitability. The subject site is physically suitable for the type of land being proposed in that the size of the combined properties is approximately 46,609 square-feet of lot area and 170' of street frontage along both Vineland Avenue and Stichman Avenue. Lot coverage is only 28% and there is approximately 13,000 s.f. of landscaped area which is 30% of the site; and 4. Existing compatibility. The use is compatible with the adjacent residential land uses and has been operated as a residential care facility in the past and there are conditions to address any potential nuisance activity. Additionally, there will be considerable new landscaping throughout the property and significant exterior renovations to the existing buildings; and 5. Future compatibility. The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be C:lAmYlAMY%WDRDkReports%Comffiss�ion RepGrtsXCP_801 ga,doc CP-801 3562 Vineland Avenue June 26, 2013 Pa.qe 7 of 9 located in that as part of the 2020 General Plan the parcels retains a Single- Family Residential land use designation; and 6. Utilities and services. Adequate provisions for water, sewer and public utilities and services are available to the site and have existed for numerous years; the use will not be detrimental to public health and safety in that the proposed use of the property as a residential care facility has operated at this location in the past; and 7. Public access. Adequate provisions for public access are available to serve the use in that the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use. The properties are through lots, meaning that they have street frontage along both Vineland Avenue and Stichman Street. However, primary access to the facility will be from Stichman Avenue, and 8. General Plan consistency. The use is consistent with the General Plan in that the proposed use supports Goal 3.0 of the Land Use Element by accommodating the revitalization of deteriorating uses and properties. Additionally, the use preserves the quality of the surrounding neighborhood and adds to a range of housing available to the community as the development will provide housing to a group which is otherwise typically restricted in the housing market; and 9. Safety and welfare. The use will not be detrimental to the public interest, health, safety, convenience or welfare in that the proposed use is an ambulatory residential care facility. According to the submitted Business Plan, the facility does have a safety plan and staff will be trained to identify hazards or safety concerns and as a result initiate plans(s) based on need or event. 1) That the property shall be developed and maintained in substantial accordance with Exhibit "A" to the staff report for CP-801, dated June 26, 2013; and 2) The Applicant shall obtain and maintain any required State or Federal licenses. If any state or federal licenses are not obtained and maintained then this conditional use permit shall become null and void; and 3) That the use shall be operated and the subject property maintained in a neat and orderly manner; and the site shall be kept free of litter and that all graffiti (throughout the property) shall be removed within twenty-four (24) hours at the expense of the applicant and/or owner; and 4) Detailed landscaping and irrigation plans shall be submitted at the plan check phase. All landscaped areas on-site as well as the parkways along Vineland G:IAMY1AA4'AWORD1RePartsICommission Reporj51CP_801 93.dm CP-801 3562 Vineland Avenue June 26, 2013 Page 8 of 9 Avenue and Stichman Avenue shall be automatically irrigated and maintained; and 5) Detailed construction drawings submitted to the Building Division for plan check shall include the locations of all new and existing mechanical equipment; and 6) Provide six (6) inch concrete curb to delineate all landscaped areas from vehicular driveway and parking lot areas; and 7) Applicant shall submit a complete lot tie application to the City's Engineering Division within 45 calendar days from the effective date of this Resolution to combine the two properties together into one. if a complete lot tie application is not submitted within 45 calendar days from the effective date of this Resolution, or said application Is denied, this CUP will become null and void; and 8) Submit a grading/drainage plan and erosion control plan to the City's Engineering Division along with the requisite fees; and 9) Provide landscaping and irrigation within the parkways along Vineland Avenue and Stichman Avenue. Proposed landscaping and irrigation shall be reviewed as part of the submitted on-site landscaping and irrigation plans; and 10) Four (4) street trees shall be provided, two (2) trees on Vineland Avenue and two (2) trees on Stichman Avenue and shall be shown on the landscaping and irrigation plans; and 11) Driveway approaches shall be (re)constructed to comply with ADA and City standards-, and 12) Remove and replace any existing broken concrete or damage incurred during the construction phase along both, street frontages; and 13) Pay for all Engineering/Public Works plan check fees at the time of submittal of plans to the City's Engineering Division. Project will also be subject to the Storm Water Mitigation Fee; and 14) That the Applicant shall comply with and maintain compliance with the City's National Pollution Discharge Elimination System (NPDES) requirements; and 15) Suitable lighting shall be provided to adequately illuminate the site and parking area. Proposed lighting shall be subject to review and approval by the City at the time of the plan check phase of the project, 16) Any proposed lighting shall not spill onto adjacent properties; and 17) In the event that the City receives three (3) legitimate, confirmed complaints within any six (6) month period from the surrounding residents, which creates an C:LAmy\AM'AWORDkRepodsIGo mission Reports4CP-801 #3.do,- CP-801 3562 Vineland Avenue June 26, 2013 Page 9 of 9 adverse impact on those residences, the City shall reserve the right to impose additional conditions of approval on CP-801 reasonably appropriate to the nature of the complaints; and 18) If within six (6) months after the date of approval of this CP-801, all conditions of approval, have not been satisfied, this CP-801 shall become null and void. However, if condition #7 is not met within 45 calendar days of the effective date of this Resolution, this conditional use permit shall become null and void; and 19) That the applicant shall sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant had read and accepts all of the conditions of approval. ATTACHMENTS #1, Exhibit "A" dated June 26, 2013 #2, Vicinity Map #3, Application Forms and Statements #4, Business Plan for Keystone Horizon Elderly Care #5, Resolution PC 13-09 C:\ArnV,ANMWORDIRePortskCommisston ReportskCP-801 93.dm ATTACHMENT EXHIBIT'A', DATED JUNE 26s .2013 ¢ I.. , H SH 99HIRSlSW D $PP86 Tito $a�g Win � �' SF p— P-Opg r €G' i■ C PFNi v g (D N CD c! N C> gill s a; o� jilt $ � e , F � 9 1 F! V-541 - Y m tf LANDSCAPELEGEND a z Q nr rn Q m O lit 14 9 1 F! V-541 - Y m tf LANDSCAPELEGEND a z Q nr rn Q m O wm' ..... ......... STiC�HMAN AVE la z CONCEP LANDSCA E ELEVISEC71DETAILS PREUMINARY NOT FOR CONSTM JCTIO N =gEr- A, z CONCEP LANDSCA E ELEVISEC71DETAILS PREUMINARY NOT FOR CONSTM JCTIO N =gEr- _.. -- �: = ;�� s �11 � �� fi � tea ®` � �� _�� -L � � . !!.i a �� r. t I / § �� El �� \ E3 Iff: ME � � \ }( /9 / I / § �� El �� \ E3 a M j :7 u pn" V n w u' atr � - -ice ^ w jjj €1 k4 C PRF. LIMINARY _ r -` -a.... - VA PROPOSED EL y -.._ ..7stt�� tvrri "' kLSIbENIW1GRE}JitYUIi' n *g _ NOT FOR CONSTRUCP70N c .. *° PLAT. �+: 4 ;4 TREEtDEFGi" IN IH r-D r--1 13 "B" & "C"BUILDING 1 PRF-LIMI 1-1777 HOT � | �§ I'ZI pith III |) r pFY i 4 E LIVMB 3 i I 0 e ss tJ } 4 S l7r, n rim 8 1 agm JE)aSTING"B'& "C" BUILDING FLOM PLAN GAD IF [VARGAS DESINK, NOT FOR CBH=CTTON wxflarrorNair -1?2- 72"U-2-2-T T�E agm JE)aSTING"B'& "C" BUILDING FLOM PLAN GAD IF [VARGAS DESINK, NOT FOR CBH=CTTON wxflarrorNair -1?2- 72"U-2-2-T Eli 81 k 1 8E Ril it it r 01 Z, FER J! of El I a R R R of In R g r"', C� EXISTING "A' &;B GARRIELVARGAS DERIGHt t �,BUILDING EL Ima rz i !� . F�� PL g AK*Eus, G SCOS 310.4 740 "IrTFORCOMMUTION El R D El El R R! R11 Fl: I R! 81 ;E El Fl! a R R R of In R g r"', C� EXISTING "A' &;B GARRIELVARGAS DERIGHt t �,BUILDING EL Ima rz i !� . F�� PL g AK*Eus, G SCOS 310.4 740 "IrTFORCOMMUTION El R D El El R 1771 R 8 18 �a F=3 F-=---i = -- z� ■ ■ ■ ■ INS it I it ii I EXISTING "C"& "D' BU[LDING ON WRIELU LOS bN LL1 5, CA OW13 ED Ell! IB77-1 RDTFOR MRSTRUCTION 'El �� I X "V Ty Kx Atli /J 4XII oz N7�, I Y, "V, A Site % , -IRS" 'Al 4� N A 'j 4!5 A AS" NY'A' 'IV x XI- V� City a Bakammm Park Oily ofB.Idia Park a a , s TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CRA Conceptual Approval APPLICATION INFORMATION C. Y'OF BALDWIN PARK PLANNING DIVISION 14403 E_ PACIFIC AVENUE BALDVVIN PARK, CA 91706 (626) 813-5261 Redevelopment Overlay Zone Vadarir-e Conditional Use Permit Administrative Adjustment —Specific Plan Other Name of Applicant(s) `-I 0 E '—/ to -P 6-: Z.-- Address 03// Phone No. 4,2- • 3 L/ - Owner(s) of Record Owner's Address PROPERTY INFORMATION Location D -2- L/� I Capacity Assessor Parcel Number(s) of Tract and Lot Numt)&.r(s) --d 23L a Zaca 3& Existing General Plan Designation Existing Zoning for each Parcel Existing Land Use f Al Code Section to be Amended Purpose of request CERTIFICATION STATEMENT: i1we acknowledge the filing of this application and certify that all . the above information is true and accurate and that 1/we have familiarized myself /ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) Signature Signature Date Date -2-10-13 FOR IT"' U File &_Ul LY: Fee: 15LO Received by:_� Date._2 ror, e, yitone diot'2zon,.,CIde-tI,Y jfatZ Attention Amy Harbin: Dated 04/10/13 RE: CUP appi. Submittal; API's 8554-022-040 & 8554-022-41: CP-801 From & Prepared by: (Applicant) Joe M Lopez Regarding: Justification Application Pages I thru 4 ( not includ. Face cover) E�EECD APR 2, 2'2,9,13 CTTY- Or. t- Ur - MRK -SALD'Vkff�, PLANNI` �-'G D I V fSTO�N I I We are hereby applying for a Conditional Use Permit for the On-Site operation facility of Residential Care for the Elderly, within the Residential Zoning, pursuant to Table §IS3'040J020 & §153.Q48.030uf the City mf Baldwin Park Zoning Code adopted 6-2-12. LOCATION OFSUBJECT PROPERTY: 3562 Vineland Avenue, Baldwin Park, CA 91706 FACTS & FINDINGS: (PLEASE NOTE: All code references refer to the City of Baldwin Park Municipal Code, unless otherwise stated.) ' LOCATION: The subiect property's, current address is located on Vineland Avenue which is perpendicular 10 two parallel main streets, Merced Avenue and Pacific Avenue. The subject property is adequate in size and shape to accommodate the proposed use thereof and occupies two lots of land (Lot NV. 36 and Lot Nn. 37), totaling a combined overall land area of 1.07 acres (46,609 square feet). Of this, there is 28% of lot coverage, consisting of four building structures, exclusive of parking lot, driveways, walkways and miscellaneous. � Each is of rectangular shape that exceeds the 70/ minimum requirement � Each lot meets the minimum requirement of one-half acre of land, pursuant to In addition to our condition of Use Permit Application, we would like to request a Covenant Agreement to hold the two lots as one, .in which we will not, at any time present or future, use or sell said lots separately. All proposed existing structures, as well as add-on additional building space to existing "A" building meet the minimum setback requirements, pursuant to §153.040.030 and allowable building space, pursuant to the C.B.C. Chapter 5-503.1. All structures are part of, subordinate, related and/or incidental to the primary function, The project contains sevenal open spaces of sufficient size in order to facilitate outdoor enjoyment, recreational activities and safety evacuations, as described on Submitted Plans (Sheet L-101) [Keynote Legend 31, 33, 34,35 37, 39 and a open space area, South of Building �-- 1�P ' uDe '�--- - --- — ---'--- -- -�� TRAFFIC: Traffic circulation on Vineland Avenue nmonoeobahh becomes disruptive between and before two parallel side streets e Street & Clyewood Street.), nonna|k/ occurring during between the beginning and after school hours of Vineland Elementary School (which is located approximately 13U Feet North of the Subject Prope.'', wherein parents pick up and/or drop off their children. With the exception of the school, traffic volume activity is generally used by residents in the vicinity to cross over from Merced Avenue to Pacific Avenue, or vice versa to travel to and?/orfrom work. We do not anticipate that it would cause any additional significant effects on traffic volume, safety or circulation due to business use and size, �|mn� v*�h the relocation of principal point ofen�ranc� frVnn Vineland Avenue to Stichrnan4venue. Shchrnan Avenue does not have a through street, but ends onacu|de sac on opposite ends. Traffic activity to and from the subject property would convey North and South on Stichman Avenue and East and West on Cloverside Street and Clyewood Street to Vineland Avenue. That would leave access to two main streets, Merced Avenue and Pacific Avenue. Through this route, street circulation would avoid the traffic delay on both sides of Vineland Avenue from the congestion from Vineland Elementary School. The asphalt street pavement type, as per City standard and ADA driveway approach issufficient to carry the quantity and quality of traffic. Stichmnen Street's paved asphalt , exceeds the City Standard width requirement, with a width dimension of 35'-10" and the ADA driveway approach exceeds the city standard minimum width requirement of 20', with a dimension of J6/(n width, pursuant to §153.040.080 (A.4). There is also sufficient parking lot circulation, pursuant to §153.150.050 (A.4). Based on these facts and assessments, we do not expect to have significant adverse effects upon adjacent properties, but we anticipate nm|n|rna/ impact, such as traffic volume, and circulation, on-site noise transmission, which is reduced by a 5' block vva>/ located at the property line, pursuant to §I53.150.60 (D.) and noise compliance which is not to exceed a decibal(dBA) level, pursuant to6I53.14O.O7O. VISITATION ASSESSMENT: Our pre-client visitation assessment is as follows: Weekends are expected to produce the largest part ofvisitation, followed by after work hours on weekdays, in collaboration with code compliance and analyzing staff, visitations, days and time frames, sufficient parking spaces are provided pursuant to table §153'1SU.4O(C.). Asper the City of Baldwin Park Municipal Code requirements of a ratio of 1:8 parking spaces for 2 |Page resident clients, 1:1 parking spaces for facility, 1:250 Square Footage of Office parking space and 1:25 ADA as required by state law. 1. Our maximum potential number of client beds, are 43, requires 5 parking spaces. 2. Our office operating space is 252 square feet, requires I parking space. 3. Our maximum number of employees, at a given time is assessed to be 10 staff members, which would require 10 parking spaces. Therefore, the required number of necessary parking spaces is 18, including facility and ADA, however the total number given is 19 parking spaces, ADDITIONAL INFORMATION: • Off of subject property, there may be an occasional emergency response audio signal, but this is a long term elderly care facility, and not a nursing home. These residents are not in need of medical care supervision, so therefore, emergency responses are expected to be minimal. • Exterior lighting is directed away from adjacent properties, so as not to illuminate the adjacent, properties, pursuant to §153.150.40 (F.) and §153.150.070 (G.). • Trash refusal containment is screened by a decorative masonary block wall which is away from public view and approximately 25' from the nearest property line, so trash refusal odor will not have an adverse effect. CONCLUSION: This proposed business to operate an RCFE facility, would be a contribution for the City of Baldwin Park towards meeting the goals outlined in the California Strategic Plan for the Aging Population prepared by the California Health and Human Services. In an excerpt from (2003) California's strategic plan for an aging population, Excerpts from reports by Scharlach A., Torres-Gil F. and Kaskie 8 and Lee R., Miller T., and Edwards R., Page 3 A. The Changing Demographics "The rapid aging of California's population represents a demographic imperative that cannot be ignored. California's population is expected to increase by 172% by 2040, with most of the growth occurring in the coming 20 years. The greatest growth will be among the oldest Californians, those age 85 years and older, whose numbers are projected to grow 200% over that 40 year period By 2040, the ratio of the elderly to adults under age 65 will have increased by 80 P/*". ' 31 Page This proposed business will meet the needs of elderly assistance and growing demands which can be a resourceful tool for community development programs and activities bzthe City of Baldwin Parks objectives, goals and image, Due to the current inactivity of the subject property, and the appearance of abandonment, conformity will bring the proposed plan to an active, supervised environment, including maintenance that would substantially increase the property value and appreciated appearance, through aesthetic element design in structures, parking lot design and landscaping features. in essence, new activity nn this street, has the potential to reduce crime, gang activity and the attraction of young teenagers, who are seeking low profile streets and street inactivity. On the contrary of adverse effects, this business is in need of activity and exposure to bring a little bit of light -into a dark area, where positive, lively contributions may improve the neighborhood of3tichrnan Avenue. Many tools and resources provided by Keystone Elderly [are, will provide neighbors and the community with adequate space and a peaoeful atmosphere to hold meetings such as Neighborhood Watch programs and other ideas that will enhance the safety and quality of livelihood within the adjacent areas and community. Thank you for considering and reviewing our proposed plan. It is very appreciated. 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" 0 3 (D LA :3 (D G*� -F n --I • V) '1 -1 -1 0 (D C) rD ID CD tA 0 rD Ln lu LA 0- 0 Ull (D rD LA 0 01 f-f- :3 Ln rD --I 0----3-w r- -6 3 ji - '0* r + 1-i- r7 3 r) = t—n w 0 rD LA rD W (D �< --1 0- — r) 0 (D rD = — 0 tA Eu rD 0- 3 rD n Cu :3 rD 0 0- l< < 01� • -0 oj U, CD O 0 n n -I ca rL, -j- n 0 D E�R -0 n- 0 W 0- --1, Ln CO EU 0 fm :3 3 0 (D 0 -- 0 �+ rD CU 0 Ln :3 CD tA 73 M 0 :r aj —3 rD rD rD -01 3 rD Ln r rD C: rl .0 LA (D -I- r-i- rD 0- Z; o m n rD tA rD rD 0- = 0 W rD < -1 cu m w �� rD -1 n rD r+ rD N iA __I 94 f 1-4 I'l H-1 A RS gs sit yy 'Xt - SL TE PI, S ZE N i.o i3�i.� ��.: r. 9 I ■ eQ I it r k K 1 r p.CAl9��9 1 iFPifY. • ►: BOARD ��Ys fE fi 1 i 9*11 a Via p M4'ahy rz.. \ .. \ �\ / }� /� z . , a A .0 ou F� rn rtl � r < \ =7 XD. % §? .- ~r\r- rV .« � >c :. %. :& «.. . rD . : o ID . LA 2 \ \ \ fb- . . .: r > 222 §.m 'GQ t< /a: o :> = maw \� . \0\¥ >m ' > \rn ?k «nj \\ 2 q v I. RESOLUTION PC 13-09 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE- FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER- CP-801). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the Cit4. Park does hereby find, determine, and declare as follows: (a) An application ("Application") for a conditional use permit was submitted on behalf of the owner of certain real property, located at 3562-3572 Vineland Avenue in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) The Application was sought to approve a conditional use permit to allow a residential care facility within the R-1, Single-Family Residential Zone pursuant to Table 153.050.020 in the City's Municipal Code; and (c) A duly noticed public hearing was held on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application are present and that the conditional use permit should be granted, subject to the terms of this Resolution; and (d) Each fact set forth in the staff report dated June 26, 2013 from Amy L. Harbin, AICP, City Planner to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. The Planning Commission does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Conditionally permitted. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter in that a residential care facility is a permitted use in the Single-Family Residential Zone through the conditional use permit process. The site will be developed in accordance to all of the applicable development standards, including parking stall size and vehicular circulation; and Resolution PC 13-09 June 26, 2013 Paae 2 (b) Zone integrity and character. The use will not impair the integrity and the character of the zone in which it is to be located, in that the use of the property as a residential care facility conforms with the neighboring residential uses. The proposed facility is located on properties totaling 46,609 S.f. of land area with a lot coverage of approximately 28%. The proposed lot coverage is considerably less than the maximum allowable lot coverage for the R-1 Zone which is 45%; and (c) Site suitability. The subject site is physically suitable for the type of land being proposed in that the size of the combined properties is approximately 46,609 square-feet of lot area and 170' of street frontage along both Vineland Avenue and Stichman Avenue. Lot coverage is only 28% and there is approximately 13,000 s.f. of landscaped area which is 30% of the site; and (d) Existing compatibility. The use is compatible with the adjacent residential land uses and has been operated as a residential care facility in the past and there are conditions to address any potential nuisance activity. Additionally, there will be considerable new landscaping throughout the property and significant exterior renovations to the existing buildings; and (e) Future compatibility. The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located in that as part of the 2020 General Plan the parcels retains a Single-Family Residential land use designation; and (f) Utilities and services. Adequate provisions for water, sewer and public utilities and services are available to the site and have existed for numerous years; the use will not be detrimental to public health and safety in that the proposed use of the property as a residential care facility has operated at this location in the past; and (g) Public access. Adequate provisions for public access are available to serve the use in that the site has sufficient access to streets and highways adequate in width and pavement to Garry the quantity and quality of traffic generated by the proposed use. The properties are through lots, meaning that they have street frontage along both Vineland Avenue and Stichman Street. However, primary access to the facility will be from Stichman Avenue; and (h) General Plan consistency. The use is consistent with the General Plan in that the proposed use supports Goal 3.0 of the Land Use Element by accommodating the revitalization of deteriorating uses and properties. Additionally, the use preserves the quality of the surrounding neighborhood and adds to a range of housing available to the community as the development will provide housing to a group which is otherwise typically restricted in the housing market; and Resolution PC 13-09 June 26, 2013 Paqe 3 (i) Safety and welfare. The use will not be detrimental to the public interest, health, safety, convenience or welfare in that the proposed use is an ambulatory residential care facility. According to the submitted Business Plan, the facility does have a safety plan and staff will be trained to identify hazards or safety concerns and as a result initiate plans(s) based on need or event. SECTION 3. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit "A" to the staff report for CP-801, dated June 26, 2013-1 and (h) The Applicant shall obtain and maintain any required State r-r-1 L1:11 or Federal licenses. If any state or federal licenses are not obtained and maintained then this conditional use permit shall become null and void; and (c) That the use shall be operated and the subject property maintained in a neat and orderly manner-, and the site shall be kept free of litter and that all graffiti (throughout the property; shall be removed within tweriby-four (24) hours at the expense of the applicant and/or owner; and (d) Detailed landscaping and irrigation plans shall be submitted at the plan check phase. All landscaped areas on-site as well as the parkways along Vineland Avenue and Stichman Avenue shall be automatically irrigated and maintained; and (e) Detailed construction drawings submitted to the Building Division for plan check shall include the locations of all new and existing mechanical equipment; and (f) Provide six (6) inch concrete curb to delineate all landscaped areas from vehicular driveway and parking lot areas; and (g) Applicant shall submit a complete lot tie application to the City's Engineering Division within 45 calendar days from the effective date of this Resolution to combine the two properties together into one. If a complete lot tie application is not submitted within 45 calendar days from the effective date of this Resolution, or said application is denied, this CUP will become null and void; and (h) Submit a grading/drainage plan and erosion control plan to the City's Engineering Division along with the requisite fees; and (i) Provide landscaping and irrigation within the parkways along Vineland Avenue and Stichman Avenue. Proposed landscaping and irrigation Resolution PC 13-09 June 26, 2013 Paae 4 shall be reviewed as part of the submitted on-site landscaping and irrigation plans; and 0) Four (4) street trees shall be provided, two (2) trees on Vineland Avenue and two (2) trees on Stichman Avenue and shall be shown on the landscaping and irrigation plans; and (k) Driveway approaches shall be (re)constructed to comply with ADA and City standards; and (1) Remove and replace any existing broken concrete or damage incurred during the construction phase along both street frontages; and (m) Pay all Engineering /Public Works plan check fees at the time of submittal of plan's to the City's Engineering Division. Project will also be subject to the Storm Water Mitigation Fee; and (n) That the Applicant shall comply with and maintain compliance with the City's National Pollution Discharge Elimination System (NPDES) requirements; and (o) Suitable lighting shall be provided to adequately illuminate the site and parking area. Proposed lighting shall be subject to review and approval by the City at the time of the plan check phase of the project; and (p) Any proposed lighting shall not spill onto adjacent properties; and (q) In the event that the City receives three (3) legitimate, confirmed complaints within any six (6) month period from the surrounding residents, which creates an adverse impact on those residences, the City shall reserve the right to impose additional conditions of approval on CP-801 reasonably appropriate to the nature of the complaints; and (r) If within six (6) months after the date of approval of this CP-801, all conditions of approval, have not been satisfied, this CP-801: shall become null and void. However, if condition #7 is not met within 45 calendar days of the effective date of this Resolution, this conditional use permit shall become null and void; and (s) That the applicant shall sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant had read and accepts all of the conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. Resolubon PC 13-09 June 26, 2013 Paae 5 PASSED AND APPROVED this 26th day of June, 2013. I *yAj a 9 Ajl� IffiNW11h '91A 'Ni , _jfjTjjjj1V Lj� _ 1h,21110 C209JIVII&IRIOU010 ATTEST: 0 A *• K UNW-9 NMI' Q 1, AMY HARBIN, AICP, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 13-06 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 26th day of June, 2013 by the following vote: AYES- COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: AMY L. HARBIN, AIGP BALDWIN PARK PLANNING COMMISSION l • J Rill W&ZA i TO: Honorable Chair and Planning Commissioners FROM: Amy L. Harbin, AICP, City Plann<U- DATE: July 24, 2013 SUBJECT: CONTINUED TO AUGUST 28, 2013. A request for consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single-Family Residential Zone (Location: 3562 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: CP-801). This report requests the Planning Commission continue this item to the August 28, 2013 meeting of the Planning Commission. This item was first scheduled for the May meeting of the Planning Commission; however, staff was unable to finalize the staff report and asked that the item be continued to the June meeting of the Commission. At the June meeting after the public comment, the Commission asked for some additional information, and requested that the item be continued until July 24, 2013. Staff has begun the work on obtaining the additional information, but would like to request that the Commission continue the item to August 28, 2013 in order to finalize everything. Since the item was properly noticed, Staff is recommending that the Planning Commission keep the public hearing open, receive any public testimony or comments on the item and continue the public hearing to the August 28, 2013, Planning Commission meeting, C:NAmylAMYkWORDkRepartskComn,dssion ReportstGp_801 Continue #2,doc � a i rrre�i BALD IN P - A - R � K CITY OF BALDWIN PARK PLANNING COMMISSION TO: Honorable Chair and Planning Commissioners FROM: Amy L. Harbin, AICP, City Plann DATE: August 28, 2013 Public Hearing SUBJECT: CONTINUED FROM JULY 24 2013. A request for consideration of a conditional use permit to allows an adult residential cure facility within the R -1, Single- Family Residential Zone (Location: 3562 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: CP -801). roul ..i This report requests the Planning Commission continue this item to the October 9, 2013 meeting of the Planning Commission. BACKGROUNDIDISCUSSION This item was first scheduled for the May meeting of the Planning Commission; however, staff was unable to finalize the staff report and asked that the item be continued to the June meeting of the Commission. At the June meeting after the public comment, the Commission asked for some additional information, and requested that the item be continued until July 24, 2013. By the July 24, 2013 meeting, staff had begun the work on obtaining the additional information, however requested a continuance to the August Planning Commission meeting in order to analyze the additional information received. At the July meeting, numerous individuals spoke in opposition to the item. As a result, Staff met with the Applicant and the Applicant submitted revised plans. After a very brief review by staff, the resubmitted plans indicate a reduction in the number of beds to 27 as opposed to the original submittal, which identified 52 beds. Staff has begun the review on the revised set of plans; however, would like to request that the Commission continue the item to October 9, 2013. Since the item was properly noticed, Staff is recommending that the Planning Commission keep the public hearing open, receive any public testimony or comments on the item and continue the public hearing to the October 9, 2013, Planning Commission meeting. CP -801 August 28, 2013 Paqe 2 of 2 ATTACHMENT Reduced size of resubmitted plans C' Amy\AM1'XWORDSReports�Commission Reports \CP -801 Continue #4.DOC � � • .:1 Nouon8iSNO AHVNIV41,d LI!HSIII;�IAID�, 4af 412 V2 $F * -1 ` EN CMC 3 �L'P �� i £ lid] ILI .......... CMC C> SISA:IVNV 3=)-38d lu U) I ----------------- % _.,A,.o, ,.w,s,y� i m ! ------------------ x .......... C> SISA:IVNV 3=)-38d lu U) I ----------------- % _.,A,.o, ,.w,s,y� i m ! ------------------ x AW7JYOO'I-IG3YOdOHl A70,13A NIVIva-) 90-4 101V AWAIIN1799d ii D", ---------- . ............ . A70,13A NIVIva-) 90-4 101V AWAIIN1799d ii D", J ■ I VAUZZIAMelm in�mlk ,qlr b BALDWIN P - A, R- K Im F-107AM r. Honorable Chair and Planning Commissioners Amy L. Harbin, AICP, City Planner October 9, 2013 SUBJECT: CONTINUED FROM AUGUST 28, 2013, A request for consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single-Family Residential Zone (Location: 3562-3572 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: CP-801). _91IW.*8R9_9 This application represents a request for Planning Commission's consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single- Family Residential Zone pursuant to Table 153.040.020 of the City's Municipal Code. The site, which consists of two (2) properties is currently zoned R-1, single-family residential and has a consistent General Plan land use designation of Single-Family Residential. Each of the properties has 85 feet of street frontage and is about 273 feet deep, totaling approximately 46,410 s.f. of land area (1.07 acres). There are six (6) structures on the properties; however, two structures are proposed to be demolished. The table below provides a detail of the building data. TABLE#1 REMAINING ON-SITE BUILDING DATA The table on the next page identifies the existing land uses that surround the subject property: EXISTING )U STIN G_ MISCELLANEOUS E IGF NFORMA1T ON Building A 5,230 s.f. 15 Building B 800 s-f. 12' Building C 5,960 s.f. 23' 2,800 s.f. of floor area proposed to be added Building D 1,180 s.f. I I The table on the next page identifies the existing land uses that surround the subject property: CP-801 3562 Vineland Avenue October 9, 2013 Page 2 of 7 TABLE#2 SURROUNDING LAND USES 1:2.-Iolumn ;Igno-I The property has had several hearings for entitlements before the Planning Commission and the City Council. The table below summarizes those hearings. TABLE #3 ENTITLEMENT SUMMARY CASE. NUMBER:, REQUEST ��;�ACTIOW CP-8 A 120 bed PC 63-61, approved, May 22, 1963. Condition convalescent home of a royal states CUP ex fires Ma 22, 1993 Appeal of Planning CC Resolution 63-153 approved stating (a) CP-8 Commission's maximum of 52 beds, (b) only aged persons no approval on mental or alcoholic patients and (c) permit 512211963. expires on December 31, 1977 Approval to operate a PC 78-25 approved July 12, 1978. Limited to CP-268 group home. 49 beds and developmentally disabled adults only. PC 79-37 approved October 10, 1979 revoking CP-268 no longer allowing the operation of a group home, specifically in violation of condition W, which states "on site activities or off-site activities that are reports to the Planning Commission by the Planning Department as being detrimental to the public CP-268 Revocation by the health or safety or as to constitute a nuisance Revocation Planning Commission may be grounds for revocation of this of CP-268 conditional use permit." The staff report indicates that there was a lack of basic supervision of the residents and the residents would wander off -site into the neighborhood, prompting neighbors to contact the City's Police Department. C:kAmY'AMYkWORDIRePortskCommission ReportskCP-WI #6,dm CP-801 3562 Vineland Avenue October 9, 2013 Pape 3 of 7 CEQA/NOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. A Notice of Public Hearing was posted at subject property, Esther Snyder Community Center and Barnes Park on May 9, 2013, and Public Hearing Notices were also mailed on May 8, 2013, to all property owners within a 300-foot radius of the subject site. This item has come before the Planning Commission on several occasions since May, 2013 as noted in the table below. On May 22, 2013 the public hearing was opened, public testimony was received and the hearing was continued. The same is true for all other dates listed. TABLE#4 PUBLIC HEARING AND RELATED CONTINUANCE] MEETING DATE Applicant filed a court ..May 22, 2013 Continued to June 26, 2013 case to overturn the PC 84-12 approved March 14, 1984, approved CP-268 I revocation and won, August 28, 2013 Modification This request is a the modification of CP-268 to allow a maximum modification of CP- of 57 residents in a handicapped care facility. 400 CEQA/NOTICING REQUIREMENTS In accordance with the provisions of the California Environmental Quality Act (CEQA), an environmental analysis has been completed for this case. As a result of that assessment, it has been determined that this case will not have a significant impact upon the environment, and is Categorically Exempt pursuant to Section 15301 (Class 1- Existing Facilities) of the CEQA Guidelines, no further analysis is required. A Notice of Public Hearing was posted at subject property, Esther Snyder Community Center and Barnes Park on May 9, 2013, and Public Hearing Notices were also mailed on May 8, 2013, to all property owners within a 300-foot radius of the subject site. This item has come before the Planning Commission on several occasions since May, 2013 as noted in the table below. On May 22, 2013 the public hearing was opened, public testimony was received and the hearing was continued. The same is true for all other dates listed. TABLE#4 PUBLIC HEARING AND RELATED CONTINUANCE] MEETING DATE PLANNING COMMISSION ACTION ..May 22, 2013 Continued to June 26, 2013 June 26, 2013 Continued to July 24, 2013 July 24, 2013 Continued to August 28, 2013 August 28, 2013 Continue to October 9, 2013 On August 14, 2013, the Applicant submitted revised plans which indicate that the overall bed count would be reduced from 43-beds to 27-beds. A reduced set of those plans were included with the August 28, 2013 staff report requesting a continuance. �:w y~TlvvUKL)IxeponslL;Orrffnmsion Reports%CP-801 #6.cioc CP-801 3562 Vineland Avenue October 9, 2013 Paqe 4 of 7 DISCUSSION Prior Use of the Property In 1965, the property was utilized as a 52 bed rest home facility for the aged. No more than 30 beds could be utilized for ambulatory patients and 22 beds for non-ambulatory patients. No mental or alcoholic patients were allowed. Approximately 18 years later, another public hearing was held for a conditional use permit for a developmentally disabled group home with no more than 49 residents permitted (but not including alcoholics or mentally ill patients). About one year later the City's Police Department requested that the facility's conditional use permit be revoked on the grounds that residents were unsupervised and wandering the neighborhood, day and night. The staff report Indicates that there were approximately 20 calls to the Police Department related to situations with residents of the facility creating a public nuisance. After a public hearing before the Planning Commission and the City Council on appeal, the conditional use permit was eventually revoked. However, the Applicant chose to initiate litigation and the court overturned the revocation.. Since no further action was taken by the City, the conditional use permit remained in effect. The existing conditional use permit, CP-268 was modified in 1984 to allow a maximum of 57 residents in a handicapped care facility. However, as mentioned below, the property has not been utilized in any manner since the early 1990's. Current Proposal The Applicant's original proposal requested approval of a conditional use permit to operate a 43-bed residential care facility for the ambulatory elderly. However, on August 14, 2013, revised plans were submitted which indicated the overall bed count would be reduced from 43-beds to 27 -beds one Lid per room. According to the City's business license records, the site has not been utilized in this manner or any other manner since the very early 1990's. Since that time, the site and the existing structures on the property have deteriorated and fallen into disrepair. There have been numerous Code Enforcement violations for failing to secure the structures and to remove overgrown vegetation. This conditional use permit, if approved, would allow the renovation to the existing site and additions to the existing buildings, establishing a new residential care facility. Section 153.040.030 of the City's Zoning Code provides specific development standards for places of assembly, educational institutions, and residential care facilities. These standards include minimum lot size, minimum lot width, depth and street frontage as well as side yard setback. A review of the plans indicates that the project proposal meets and/or exceeds the development standards contained in Section 153.040.030 of the City's Zoning Code. C:L"VAMW0R0XReP0rtsNC0mmisSt0n RepwsICP-801 #5 doc CP-801 3562 Vineland Avenue October 9, 2013 Page 5 of 7 However, since there are two properties (3562 and 3572 Vineland Avenue) which encompass the Applicants request, neither of the properties could function as a residential care facility on their own. If this request is approved by the Planning Commission, Staff would require a condition of approval that the Applicant submit an application for a lot tie to the City's Engineering Division. The lot tie will bring the two properties together resulting in one property that meets the minimum lot size, lot width, and lot depth for this specific use. The site has six (6) existing structures. Four (4) of the structures are proposed to be rehabilitated and renovated to accommodate the revised 27-bed facility, associated dining, recreation, and facility staff areas. Two structures will be demolished to provide area for on-site parking and landscaped open space area. Building A has sixteen (16) rooms, which will accommodate one (1) individual per room and each room has its own bathroom. The existing building contains approximately 5,300 s.f. of floor area and the Applicant is proposing an additional 2,800 s.f. addition which will include expanded floor area additions to the bedrooms, new laundry room and mechanical equipment room. The proposed floor area of Building A, including the new addition would be 8,120 s.f. Elevation materials include earth-tone stucco, new vinyl energy efficient windows with decorative panel shutters, and a tile roof. Building B, has 3 single individual bedrooms each with their own bathroom. Elevations include a combination of beige and white stucco and siding along with new vinyl windows and asphalt shingle and tile roofing material. Building C, contains the dining area and kitchen which are semi-subterranean, and 8 single, individual bedrooms above, each with their own bathroom. Elevations include a combination of beige and white stucco and lap siding along with new vinyl windows and asphalt shingle and the roofing material. Building D, has common area living and accessory rooms (Jacuzzi room for residents and offices for staff). New vinyl windows are proposed to be installed and the elevations will be beige and white, consistent with the City's color ordinance. Roofing material for this building is tile. Building D faces Vineland Avenue, and although will not be the primary entrance into the building, does have numerous windows and large porch area which extend across the elevation stairs as well as stairs for access. Within the facility and not including the landscaped street-side setbacks, there is approximately 4,100 s.f. of open space area proposed throughout the site, landscaped with turf. Setbacks along both Stichman Avenue and Vineland Avenue range between 18 and 20 feet and are proposed to be fully landscaped primarily with turf and some other plant materials. There are also several existing, mature trees throughout the site, which appear to be incorporated into the proposed overall landscaping of the site. However, a condition of approval is included such that if any trees are to be removed, the Applicant shall submit a formal tree removal application to the Tree Officer for review and approval prior to the tree's removal. �:w Y y%VVVKUviceporislt;ommzssion KeponsIGP-801 #5.doc CP-801 3562 Vineland Avenue October 9, 2013 Page 6 of 7 Parking for the original 43-bed facility was calculated at one parking space for each 3- beds, which required 14 spaces. Nineteen (19). on-site parking spaces are shown on the plans for the entire facility. However, the revised bed count, utilizing the same formula of one (1) parking space for each three (3) beds, requires nine (9) parking spaces. Based upon the facilities business plan (Attachment #4) and the plans submitted on August 19, 2013, there could be a maximum of ten (10) employees at one given time. Exhibit "A" shows parking stalls that meet current code size of 10, by 20' (or 10.5' by 20' if adjacent to a wall). The only vehicular access to the site from Vineland Avenue is to a designated loading space which is nearby Building C and the kitchen/dining area. An entry statement to the facility's parking area, with textured concrete pavers, lushly landscaped planters, C44-1— A and signage is proposed at the 11, ican Avenue entrance. 1199090 This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff recommends that the Planning Commission receive any public comment on the item, close the public hearing, and direct staff to EITHER: (1) bring back to the October 23, 2013 Planning Commission meeting, Resolution PC 13-09 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-11, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801); or (2) bring back to the October 23, 2013 Planning Commission meeting a resolution of denial Resolution PC 13-09 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.060.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801); 1T1Y~T %VVVKU1KeportsiL;ommmsion Reportskcp-aol #5 doc CP-801 3562 Vineland Avenue October 9, 2013 Paqe 7 of 7 WHONUMAM #1, Revised Exhibit "A" dated October 9, 2013 #2, Vicinity Map #3, Application Forms and Statements #4, Business Plan for Keystone Horizon Elderly Care N CASE NO.: cp - 8oi ADDRESS: 3562-3572 Vineland Ave DATE: October 9, 2013 Not to Scale CS of Baldwin Park r li r re�` Mo�l�flalSNOJ a"1 tnN ti r7Zr3=. = A101L')j2ML8,,VO.,)2fo-410Al fa^ aka O .......... 1e 1 ---------- "M®RISMIM O i ♦ , 1 1 TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CPA Conceptual Approval WIN C (OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813-5261 Redevelopment Overlay Zone Variance ')4 Conditional Use Permit / Administiative Adjustment —Specific Plan Other I Name of Applicant(s) '-,JO E= E. Z_ Address- O-3jl m -e,-, 4 � , --:; + Phone No. Z 32-'1- '-Y/f- Capacity ______, Owner(s), of Record Owner's Address 2_ , tel) ve Assessor Parcel Number(s) VO —0 Tract and Lot Numb6T(s)-7;;-e,-1eT �y -J -3 6, 1 a 1-at Existing General Plan Designation Existing Zoning for each Parcel - Existing Land Use Alf Code-Section to be Amended Purpose of req VA CERTIFICATION STATEMENT; C FE L/-_z; /#I 11we acknowledge the filing of this application and certify that all the above information is true and accurate and that I/we have familiarized myself/DUrselves With the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) Signature Signature FOR CITY USE ONLY: Fee: File A4/1'c 7.A -2-10-13 Date Date Received by: —Q&-- Date: 01 F. - 9Ce.y.5 t o a a OIV o t q z o a .CI det 11-y if a t e Attention Amy Harbin: Dated 04110/13 RE: CUP appl. Submittal; APN's 8554-022-040 & 8554-022-41: CP-801 From & Prepared by: (Applicant) Joe M Lopez Regarding: Justification Application Pages I thru 4 ( not includ. Face cover) RECEIV �TED APR4 2'?013 PL-k-,NNING MVITSTION We are hereby applying for a Conditional Use Permit for the On -Site operation facility of a Residential Care for the Elderly, within the Residential Zoning, pursuant to Table §153.040.020 & §153.040.030 of the City of Baldwin Park Zoning Code adopted 5 -2 -12. LOCATION OF SUBJECT PROPERTY: 3562 Vineland Avenue, Baldwin Park, CA 91706 FACTS & FINDINGS: (PLEASE NOTE: All code references refer to the City of Baldwin Park Municipal Code, unless otherwise stated.) LOCATION: The subject property's current address is located on Vineland Avenue which is perpendicular to two parallel main streets, Merced Avenue and Pacific Avenue. The subject property is adequate in size and shape to accommodate the proposed use thereof and occupies two lots of land (Lot No. 36 and Lot No. 37), totaling a combined overall land area of 1.07 acres (46,609 square feet). Of this, there is 28% of lot coverage, consisting of four building structures, exclusive of parking lot, driveways, walkways and miscellaneous. • Each "through lot" is of rectangular shape that exceeds the 70' minimum requirement in lot width, lot depth and lot street frontage, pursuant to § 153.040.030 (A.2.). • Each lot meets the minimum requirement of one -half acre of land, pursuant to §153.040.030 (A.1.). In addition to our condition of Use Permit Application, we would like to request a Covenant Agreement to hold the two lots as one,.in which we will not, at any time present or future, use or sell said lots separately. All proposed existing structures, as well as add -on additional building space to existing "A" building meet the minimum setback requirements, pursuant to §153.040.030 and allowable building space, pursuant to the C.B.C. Chapter 5- 503.1. All structures are part of, subordinate, related and /or incidental to the primary function. The project contains several open spaces of sufficient size in order to facilitate outdoor enjoyment, recreational activities and safety evacuations, as described on Submitted Plans (Sheet L -101) [Keynote Legend 31, 33, 34,35 37, 39 and a open space area, South of Building "D".] 1 Page 0 R—IM116 Traffic circulation on Vineland Avenue rnonoentahF« becomes disruptive between and before two parallel side streets ((]ovemide Street 8i Clyevvood Street.), normally occurring during weekdays, between the beginning and after school hours of Vineland Elementary School (which is located approximately 130 Feet North of the Subject Property), wherein parents pick up and/or drop off their children. With the exception of the school, traffic volume activity is generally used by residents in the vicinity to cross over from Merced Avenue to Pacific Avenue, or vice versa to travel to ond7/orfrom work. We do not anticipate that it would cause any additional significant effects on traffic volume, safety or circulation due to business use and size, along with the relocation of the principal point of entrance from Vine/and Avenue to S1ichrnan Avenue. Stichnman Avenue does not have a through street, but ends ona cut de sac on opposite ends. Traffic activity to and from the subject property would convey North and South on Stichman Avenue and East and West on Cloverside Street and Clyewood Street to Vineland Avenue. That would leave access to two main streets, Merced Avenue and Pacific Avenue. Through this route, street circulation would avoid the traffic delay on both sides of Vineland Avenue from the congestion from Vineland Elementary School. The asphalt street pavement type, as per City standard and ADA driveway approach is sufficient to carry the quantity and quality of traffic. Stichrnan Street's paved asphalt , exceeds the City Standard width requirement, with a width dimension of 35'-10" and the ADA driveway approach exceeds the city standard nnininnuno width requirement of 20/, with a dimension of ]6'in width, pursuant to §IS3.O4U.O30(A.4). There is also sufficient parking lot circulation, pursuant to §153.150.050 (A.4). Based on these facts and assessments, we do not expect to have significant adverse effects upon adjacent properties, but we anticipate minimal impact, such as traffic volume and circulation, on-site noise transmission, which is reduced by a G' block wall located at the property line, pursuant to §153'150.60 (D.) and noise compliance which is not toexceed a decibal (dBA) level, pursuant to §153.140.070. VISITATION ASSESSMENT: Our pre-client visitation assessment is as follows: Weekends are expected to produce the largest part of visitation, followed by after work hours time frames, sufficient parking spaces are provided pursuant to table §153'1S(l4O(C.). Asper the City of Baldwin Park Municipal Code requirements of a ratio of 1:8 parking spac es for ' --- ------- —--- -----'-------- 2 /Page '—'—�------------ resident clients, 1:1 parking spaces for facility, 1:250 Square Footage of Office parking space and 1:25 ADA as required by state law. 1. Our maximum potential number of client beds, are 43, requires 5 parking spaces. 2. Our office operating space is 252 square feet, requires 1 parking space. 3. Our maximum number of employees, at a given time is assessed to be 10 staff members, which would require 10 parking spaces. Therefore, the required number of necessary parking spaces is 18, including facility and ADA, however the total number given is 19 parking spaces. ADD[ TIC' NAL INFOIRMIATION: • Off of subject property, there may be an occasional emergency response audio signal, but this is a long term elderly care facility, and not a nursing home. These residents are not in need of medical care supervision, so therefore, emergency responses are expected to be minimal. • Exterior lighting is directed away from adjacent properties, so as not to illuminate the adjacent properties, pursuant to §153.150.40 (F.) and §153.150.070 (G.). • Trash refusal containment is screened by a decorative masonary block wall which is away from public view and approximately 25' from the nearest property line, so trash refusal odor will not have an adverse effect. CONCLUSION: This proposed business to operate an RCFE facility, would be a contribution for the City of Baldwin Park towards meeting the goals outlined in the California Strategic Plan for the Aging Population prepared by the California Health and Human Services. In an excerpt from (2003) California's strategic plan for an aging population, Excerpts from reports by Scharlach A., Torres -Gil F. and Kaskie 8 and Lee R., Miller T., and Edwards R., Page 3 A. The Changing Demographics 'The rapid aging of California's population represents a_demographic imperative that cannot be ignored. California's population is expected to increase by 172% by 2040 with most of the growth occurring in the coming 20 years. The greatest growth will be among the oldest Californians those age 85 years and older, whose numbers are projected to grow 200% over that 40 year period. By 2040 the ratio of the elderly to adults under age 65 will have increased by 80 %' " This proposed business will meet the needs of elderly assistance and growing demands which can be resourceful tool for community development programs and activities tothe City of Baldwin Parks objectives, goals and image. Due to the current inactivity of the subject property, and the appearance of abandonment, conformity will bring the proposed plan to an active, supervised environment, including maintenance that would substantially increase the property value and appreciated appearance, through aesthetic element design in structures, parking lot design and landscaping features. in essence, new activity onthis street, has the potential to reducecrinme, gang activity and the attraction of young teenagers, who are seeking low profile streets and street inactivity. On the contrary of adverse effects, this business is in need of activity and exposure to bring a little bit of light into a dark area, where pcohjve' |kxe|v contributions may improve the neighbnrhood.of5hchnoan Avenue. Many tools and resources provided by Keystone Elderly Care, will provide neighbors and the community with adequate space and o peaceful atmosphere to hold meetings such as Neighborhood Watch programs and other ideas that will enhance the safety and quality of livelihood within the adjacent areas and community. Thank you for considering and reviewing our proposed plan. Itis very appreciated. Signed: Applicant and Agent of Eastern Keystone Inc. '——- 4 1 P a g e ATTACHMENT a BUSINESS PLAN &T(; T(-. . i m ..... ..... Rl -42 7M I MR '�� • r!R, ........... ......................... . . . . . . . . . . . . . . . . . . . . . . O Q •c r � v C�i v a�i `( *f- O 'i-. 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" w w 0 Ul M 7v :D L- 071-0 . C: 0 w L- QJ ru f-L ul b- u 73011 '14 \ |�j�� .� � \< � � \ USE a4VVO ff AIOIJ VLAIISgffcf O Ell--,�-Ita -�OA IML �w7mm�li A -1111 F I, 4-4 GN� 'ji i ---------- � t � | LU � \~ t . | 2 ! \ uj } � ? \� � © 2 t « /a # � � \ \e ! � � } � \ƒ _7 _ - ! / � -- ! . , �i � }� 8 0 } f } 3 f i i } t 1 `.L bD i u- L n /LL- ru •-� L ;£ ,,'�. .L bjD -('c 0 �j� E_ uj �; W c C- O _d U' bA C a6 e LLJ W [Q AA fS7 3 zu UJ N IT i Ldp Qj,..,, C z ¢ rt N v C LS L R ru ( E.I.! d'. EII -'N r 3 } KJAMICAT'imm MAWm k ff BALDWIN P , A, R, K TO: F9q.*-TTA Honorable Chair and Planning Commissioners Amy L. Harbin, AICP, City Planner October 23, 2013 W0. � SUBJECT: CONTINUED FROM OCTOBER 9, 2013. A request for consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single-Family Residential Zone (Location: 3562-3572 Vineland Avenue; Applicant: Joe Lopez, representing Eastern Keystone, Inc.; Case No.: CP-801). This application represents a request for Planning Commission's consideration of a conditional use permit to allow an adult residential care facility within the R-1, Single- Family Residential Zone pursuant to Table 153.040.020 of the City's Municipal Code. 0�91 � 11 ill , 11 The site, which consists of two (2) properties is currently zoned R-1, single-family residential and has a consistent General Plan land use designation of Single-Family Residential- Each of the properties has 85 feet of street frontage and is about 273 feet deep, totaling approximately 46,410 s.f. of land area (1.07 acres). There are six (6) structures on the properties; however, two structures are proposed to be demolished. The table below provides a detail of the building data. TABLE #1 REMAINING ON-SITE BUILDING DATA The table on the next page identifies the existing land uses that surround the subject property- . EXISTING FLOOR AREA BUILDING HEIGHT MISCELLANEOUS INFORMATION Building A 5,230 s.f. 15' Building P 800 s.f. 12' Building C 5,960 s.f. 23' I 2,800 s.f. of floor area proposed to be added Building D 1,180 s.f. 111 1 The table on the next page identifies the existing land uses that surround the subject property- CP-801 3562 Vineland Avenue October 23, 2013 Pape 2 of 7 TABLE #2 SURROUNDING LAND USES ADJACENT PROPERTY LOCATION ZONING PROPERTY USE North R-1 Single-Family Residential East R-1 Single-Family Residential South R-1 Vacant West R-1 Single-Family Residential I He property has had several hearings for entitlements before the Planning Commission and the City Council. The table below summarizes those hearings. TABLE #3 ENTITLEMENT SUMMARY CAS ' E NUMBER REQUEST ACTION CP-8 A 120 bed PC 63-61, approved, May 22, 1963. Condition convalescent home of approval states CUP expires May 22, 1993 Appeal of Planning CC Resolution 63-153 approved stating (a) CP-8 Commission's maximum of 52 beds, (b) only aged persons no approval on mental or alcoholic patients and (c) permit 5/22/1963. expires on December 31, 1977 Approval to operate a PC 78-25 approved July 12, 1978. Limited to CP-268 group home. 49 beds and developmentally disabled adults only. PC 79-37 approved October 10, 1979 revoking CP-268 no longer allowing the operation of a group home, specifically in violation of condition W, which states "on site activities or off-site activities that are reports to the Planning Commission by the Planning Department as being detrimental to the public CP-268 Revocation by the health or safety or as to constitute a nuisance Revocation Planning Commission may be grounds for revocation of this of CP-268 conditional use permit." The staff report indicates that there was a lack of basic supervision of the residents and the residents would wander off-site into the neighborhood, prompting neighbors to contact the City's Police Department. C: AmyAMY\WORDkReports\Commission Reports\CP-801 #8.DOC CP-801 3562 Vineland Avenue October 23, 2013 Paqe3of7 CASE NUMBER REQUEST ACTION Continued to June 26, 2013 Applicant filed an Continued to July 24, 2013 CP-268 appeal of the Planning City Council Resolution 79-116, approved on Revocation Commission's November 21, 1979, upheld Planning decision to revoke CP- Commission revocation of CP-268. Applicant filed a court CP-268 case to overturn the revocation and won. PC 84-12 approved March 14, 1984, approved Modification This request is a the modification of CP-268 to allow a maximum modification of CP- of 57 residents in a handicapped care facility. C In GCcO[d@OOe with the provisions of the California EOVinDnDleOtGl Quality Act (CE(]4), an eDVi0]DD1eDt@| 8D8|VSiS has been completed for this case. As a nSSuU Of that 8SSesS[neDt, it has been determined that this case will not have @ significant impact upon the environment, and iS Categorically Exempt pursuant tO Section 15301 (Class 1- Existing Facilities) of the (|E[)/\ Guidelines, OO further analysis is required. A Notice of Public Hearing was posted at subject property, Esther Snyder Community Center and Barnes Park DD May 9, 2013. and Public Hearing Notices were also mailed on May 8, 2013, to all property owners within a 300-foot radius of the subject site. This denn has come before the Planning CornrnksSi0n on several occasions since May. 2013 as noted in the table below. UD May 22, 2013 the public hearing was opened. public testimony was received and the hearing was continued. The same iS true for all other dates listed. TABLE #4 PUBLIC HEARING AND RELATED CONTINUANCES MEETING DATE PLANNING COMMISSION ACTION May 22, 2013 Continued to June 26, 2013 June 26, 2013 Continued to July 24, 2013 July 24, 2013 Continued to August 28, 2013 August 28, 2013 Continue to October 9, 2013 October 9, 2013 Continue to October 23, 2013 CP -801 3562 Vineland Avenue October 23, 2013 Page 4 of 7 On August 14, 2013, the Applicant submitted revised plans which indicate that the overall bed count would be reduced from 43 -beds to 27 -beds. A reduced set of those plans were included with the August 28, 2013 staff report requesting a continuance. DISCUSSION Prior Use of the Property In 1965, the property was utilized as a 52 bed rest home facility for the aged. No more than 30 beds could be utilized for ambulatory patients and 22 beds for non - ambulatory patients. No mental or alcoholic patients were allowed. Approximately 18 years later, another public hearing was held for a conditional use permit for a developmentally disabled nrn�.n home with no more than A9 residents per � � fitted ;but n of �i including 13.0 1 alcoholics or mentally ill patients). About one year later the City's Police Department requested that the facility's conditional use permit be revoked on the grounds that residents were unsupervised and wandering the neighborhood, day and night. The staff report indicates that there were approximately 20 calls to the Police Department related to situations with residents of the facility creating a public nuisance. After a public hearing before the Planning Commission and the City Council on appeal, the conditional use permit was eventually revoked. However, the Applicant chose to initiate litigation and the court overturned the revocation.. Since no further action was taken by the City, the conditional use permit remained in effect. The existing conditional use permit, CP -268 was modified in 1984 to allow a maximum of 57 residents in a handicapped care facility. However, as mentioned below, the property has not been utilized in any manner since the early 1990's. Current Proposal The Applicant's original proposal requested approval of a conditional use permit to operate a 43 -bed residential care facility for the ambulatory elderly. However, on August 14, 2013, revised plans were submitted which indicated the overall bed count would be reduced from 43 -beds to 27 -beds, one (1) bed per room. According to the City's business license records, the site has not been utilized in this manner or any other manner since the very early 1990's. Since that time, the site and the existing structures on the property have deteriorated and fallen into disrepair. There have been numerous Code Enforcement violations for failing to secure the structures and to remove overgrown vegetation. This conditional use permit, if approved, would allow the renovation to the existing site and additions to the existing buildings, establishing a new residential care facility. Section 153.040.030 of the City's Zoning Code provides specific development standards for places of assembly, educational institutions, and residential care facilities. These standards include minimum lot size, minimum lot width, depth and street frontage as well as side yard setback. A review of the plans indicates that the project C:\AmyWMY \WORD1Reports \Commission Reports\CP -801 #8.DOC C P -801 3562 Vineland Avenue October 23, 2013 Paoe 5 of 7 proposal meets and /or exceeds the development standards contained in Section 153.040.030 of the City's Zoning Code. However, since there are two properties (3562 and 3572 Vineland Avenue) which encompass the Applicants request, neither of the properties could function as a residential care facility on their own. If this request is approved by the Planning Commission, Staff would require a condition of approval that the Applicant submit an application for a lot tie to the City's Engineering Division. The lot tie will bring the two properties together resulting in one property that meets the minimum lot size, lot width, and lot depth for this specific use. The site has six (6) existing structures. Four (4) of the structures are proposed to be rehabilitated �nri nr��i-�_r( +F. revised 77 hAi-1 Fa ,.'1' M'U abilitated and re_ -�Q�� to accommodate the revi ed ee-u „e , ci.it'yl, assocla«u dining, recreation, and facility staff areas. Two structures will be demolished to provide area for on -site parking and landscaped open space area. Building A has sixteen (16) rooms, which will accommodate one (1) individual per room and each room has its own bathroom. The existing building contains approximately 5,300 s.f. of floor area and the Applicant is proposing an additional 2,800 s.f. addition which will include expanded floor area additions to the bedrooms, new laundry room and mechanical equipment room. The proposed floor area of Building A, including the new addition would be 8,120 s.f. Elevation materials include earth -tone stucco, new vinyl energy efficient windows with decorative panel shutters, and a tile roof. Building B, has 3 single individual bedrooms each with their own bathroom. Elevations include a combination of beige and white stucco and siding along with new vinyl windows and asphalt shingle and tile roofing material. Building C, contains the dining area and kitchen which are semi - subterranean, and 8 single, individual bedrooms above, each with their own bathroom. Elevations include a combination of beige and white stucco and lap siding along with new vinyl windows and asphalt shingle and file roofing material. Building D, has common area living and accessory rooms (Jacuzzi room for residents and offices for staff). New vinyl windows are proposed to be installed and the elevations will be beige and white, consistent with the City's color ordinance. Roofing material for this building is tile. Building D faces Vineland Avenue, and although will not be the primary entrance into the building, does have numerous windows and large porch area which extend across the elevation stairs as well as stairs for access. Within the facility and not including the landscaped street -side setbacks, there is approximately 4,100 s.f. of open space area proposed throughout the site, landscaped with turf. Setbacks along both Stchman Avenue and Vineland Avenue range between 18 and 20 feet and are proposed to be fully landscaped primarily with turf and some other plant materials. There are also several existing, mature trees throughout the site, which appear to be incorporated into the proposed overall landscaping of the site. C \Amy'AMY \wORD\Reports \Commission Reports \CP -801 #8.DOC CP-801 3562 Vineland Avenue October 23, 2013 Page 6 of 7 However, a condition of approval is included such that if any trees are to be removed, the Applicant shall submit a formal tree removal application to the Tree Officer for review and approval prior to the tree's removal. Parking for the original 43-bed facility was calculated at one parking space for each 3- beds, which required 14 spaces. Nineteen (19) on-site parking spaces are shown on the plans for the entire facility. However, the revised bed count, utilizing the same formula of one (1) parking space for each three (3) beds, requires nine (9) parking spaces. Based upon the facilities business plan (Attachment #4) and the plans spaces. on August 19, 2013, there could be a maximum of ten (10) employees at one given time. Exhibit shows parking stalls that meet current code size of 10, by 20' (or 10.5' by 20' if adjacent to a wall). The only vehicular access to the site from Vineland Avenue is to a designated loading space which is nearby Building C and the kitchen/dining area. An entry statement to the facility's parking area, with textured concrete pavers, lushly landscaped planters, and signage is proposed at the Stichman Avenue entrance. PLANNING COMMISSION MEETING OCTOBER 9. 2013 At the Planning Commission meeting on October 9, 2013, the property owner stated during the public comment period that the use of the property is grandfathered. For clarity it should be noted that the property or the proposed use is not grandfathered. In the past, the property had been utilized convalescent home and a group home (as shown in Table #3 beginning on Page #2)-, however, because the property has not been utilized as such for over twenty (20) years, the proposed use as a residential care facility is required to comply with the current municipal code requirements. FOLLOWING PLANNING COMMISSION MEETING, OCTOBER 9 201 On Monday, October 14, 2013, Bruce Ashoori, President/Secretary of Eastern Keystone, Inc. submitted a letter which is Attachment #4 to this staff report. In the letter, Mr. Ashoori, requests that the Planning Commission make a decision on the original 43-bed facility, however given the late timing on this request, there is insufficient time for staff to analyze the project with additional beds and in light of the public's stated concerns. On August 14, 2013, the Applicant submitted plans for a 27 bed facility, which is the current proposal before the Planning Commission for consideration. This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff recommends that the Planning Commission receive any public comment on the item, close the public hearing, and direct staff to EITHER: C-\Amy\AMY\WORD\Reports\Commission Reports\CP-801 #8.DOC CP-801 3562 Vineland Avenue October 23, 2013 Paqe 7 of 7 (1) bring back to the November 13, 2013 Planning Commission meeting, a resolution of approval, Resolution PC 13-09 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-11, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801); or (2) bring back to the November 13, 2013 Planning Commission meeting a resolution of denial, Resolution PC 13-09 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801); ATTACHMENTS #1, Revised Exhibit "A" dated October 9, 2013 #2, Vicinity Map #3, Application Forms and Statements #-4, Letter received October 14, 2013 from Bruce Ashoori #5, Business Plan for Keystone Horizon Elderly Care C.AmyAMYVWORD\Reports\Commission Reports\CP-801 #B.DOC � r r � , i � ', � , � s # [NO75581SN �) 803 ION 9 VI A6VNion3ad B cs – ! - i '. .. – .. [ R I U-0— = 11 1 Im M j T3– F2'§ C: n WO PIR, (D 00 R CL n 0 c: Or a) t o Llj MR, u 8 LU o F- ul uj U) U) CL 0 U CL Uy g g n p4 I.Kn-.kH U hill. It t Est, EI-2-i 0 � a§ -- - - - - - - - - - - - - - - - VOW, fill III L------------------ -- - - - - - - - - - - - - - - - fill III L------------------ 0 x V17d110071,73119JOIld Nol 01291MV03 901 101V W HIM �El ----------- ----------------- Eaoo ------------ ------- - -- Nol 01291MV03 901 101V W HIM �El � r �' 40, N CASE NO.: cp - 801 ADDRESS: 3562-3572 Vineland Ave DATE: October 23, 2013 1 Not to Scale TYPE OF APPLICATION General Plan Amendment Zone Change Code Amendment Development Plan CPA Conceptual Approval Name of Applicant(s) - L. -- +? Lapa (}xvnerkd of Record . PROPERTY INFORMATION -`~ [ '(OF BALDW{N PARK ' PLANNING DIVISION 144O3E.PACIFIC AVENUE BALDWIN PARK, C& 91706 (626) 813-5261 Redevelopment Overlay Zone Variance \/ Conditional Use Permit /\dminisffi3fiveAcUustnlent Specific Plan Other Location -' ------ �_6 -2_ � / �ve AsseSSDr Parcel Number(s) Tract and Lot Numb6r(s) 2- Existing General Plan Designation Existing Zoning for each Parcel Existing Land Use /�Jo 4/12— Code�Se�jon to be Amended CERTIFICATION STATEMENT: CD i acknowledge the filing of this application and certify that all the above information is true and accurate and that k\me have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division /Note: a person acting as agent of the owner ofrecord must complete and have notarized the attached Owner's /ffidavitfrom the legal cvmner.\ Signature Date Signature FOP, CITY USE ONLY: File Fee: i Date Reme-ived Date CK-e,y i tone CfiEot q zon 41derig Face Attention Amy Harbin: Dated 04/10/13 RE: CUP appl. Submittal; APN's 8554-022-040 & 8554-022-41: CP-801 From & Prepared by: (Applicant) Joe M Lopez Regarding: Justification Application Pages I thru 4 ( not includ. Face cover) T-� h ly I I - 9D APR� 2 2013 L L" Yt PJL,,`LN,N1j-NG DTVjSTON JUSTIFICATION APPLICATION We are hereby applying for a Conditional Use Permit for the On -Site operation facility of a Residential Care for the Elderly, within the Residential Zoning, pursuant to Table §153.040.020 & §153.040.030 of the City of Baldwin Park Zoning Code adopted 5 -2 -12. LOCATION OF SUBJECT PROPERTY: 3562 Vineland Avenue, Baldwin Park, CA 91706 FACTS & FINDINGS: (PLEASE NOTE: All code references refer to the City of Baldwin Park Municipal Code, unless otherwise stated.) LOCATION: The subject property's current address is located on Vineland Avenue which is perpendicular to tt.�L�o parallel ,air, rfrr�otr 1� erce,4 A . Pacific t� e parallel �„" ,—,air, ,�,«�, . ��. AV en,se and P3Ci�ic Avenue. The subject property is adequate in size and shape to accommodate the proposed use thereof and occupies two lots of land (Lot No. 36 and Lot No. 37), totaling a combined overall land area of 1.07 acres (46,609 square feet). Of this, there is 28% of lot coverage, consisting of four building structures, exclusive of parking lot, driveways, walkways and miscellaneous. • Each "through lot" is of rectangular shape that exceeds the 70' minimum requirement in lot width, lot depth and lot street frontage, pursuant to § 153.040.030 (A.2.). • Each lot meets the minimum requirement of one -half acre of land, pursuant to §153.040.030 (A.1.). In addition to our condition of Use Permit Application, we would like to request a Covenant Agreement to hold the two lots as one,.in which we will not, at any time present or future, use or sell said lots separately. All proposed existing structures, as well as add -on additional building space to existing "A" building meet the minimum setback requirements, pursuant to §153.040.030 and allowable building space, pursuant to the C.B.C. Chapter 5- 503.1. All structures are part of, subordinate, related and /or incidental to the primary function. The project contains several open spaces of sufficient size in order to facilitate outdoor enjoyment, recreational activities and safety evacuations, as described on Submitted Plans (Sheet L -101) [Keynote Legend 31, 33, 34,35 37, 39 and a open space area, South of Building "D"] I Page TRAFFIC: Traffic circulation on Vineland Avenue momentarily becomes disruptive between and before two parallel side streets (Cloverside Street & Clyewood Street.), normally occurring during weekdays, between the beginning and after school hours of Vineland Elementary School (which is located approximately 130 Feet North of the Subject Property), wherein parents pick up and /or drop off their children. With the exception of the school, traffic volume activity is generally used by residents in the vicinity to cross over from Merced Avenue to Pacific Avenue, or vice versa to travel to and ? /or from work. We do not anticipate that it would cause any additional significant effects on traffic volume, safety or circulation due to business use and size, along with the relocation of the principal point of entrance from Vineland Avenue to Cti�rhman Ave—e. Stichman Avenue does not have a through street, but end s on a l.ul tJ l d e sac on opposite ends. Traffic activity to and from the subject property would convey North and South on Stichman Avenue and East and West on Cloverside Street and Clyewood Street to Vineland Avenue. That would Leave access to two main streets, Merced Avenue and Pacific Avenue. Through this route, street circulation would avoid the traffic delay on both sides of Vineland Avenue from the congestion from Vineland Elementary School. The asphalt street pavement type, as per City standard and ADA driveway approach is sufficient to carry the quantity and quality of traffic. Stichman Street's paved asphalt , exceeds the City Standard width requirement, with a width dimension of 35' -10" and the ADA driveway approach exceeds the city standard minimum width requirement of 20', with a dimension of 26' in width, pursuant to §153.040.030 (A.4). There is also sufficient parking lot circulation, pursuant to §153.150.050 (A.4). Based on these facts and assessments, we do not expect to have significant adverse effects Upon adjacent properties, but we anticipate minimal impact, such as traffic volume and circulation, on -site noise transmission, which is reduced by a 6' block wall located at the property line, pursuant to §153.150.60 (D.) and noise compliance which is not to exceed a decibal (dBA) level, pursuant to §153.140.070. VISITATION ASSESSMENT: Our pre - client visitation assessment is as follows: Weekends are expected to produce the largest part of visitation, followed by after work hours --- on-- we-e-k- days, -i - coIla- borati on. -with code - compliance -znd -- anal- yzi- ng- staf-f - visitations,— days -and- — - _ - - -.. time frames, sufficient parking spaces are provided pursuant to table §153.150.40 (C.). As per the City of Baldwin Park Municipal Code requirements of a ratio of 1:8 parking spaces for 2 1 P a g e resident clients, 1:1 parking spaces for facility, 1:250 Square Footage of Office parking space and 1:25 ADA as required by state law. 1. Our maximum potential number of client beds, are 43, requires 5 parking spaces. 2. Our office operating space is 252 square feet, requires 1 parking space. 3. Our maximum number of employees, at a given time is assessed to be 10 staff members, which would require 10 parking spaces. Therefore, the required number of necessary parking spaces is 18, including facility and ADA, however the total number given is 19 parking spaces. ADDITIONAL INFORMATION: • Off of subject property, there may be an occasional emergency response audio signal, but this is a long term elderly care facility, and not a nursing home. These residents are not in need of medical care supervision, so therefore, emergency responses are expected to be minimal. • Exterior lighting is directed away from adjacent properties, so as not to illuminate the adjacent properties, pursuant to §153.150.40 (F.) and §153.150.070 (G.). • Trash refusal containment is screened by a decorative masonary block wall which is away from public view and approximately 25' from the nearest property line, so trash refusal odor will not have an adverse effect. rnmri i icinm- This proposed business to operate an RCFE facility, would be a contribution for the City of Baldwin Park towards meeting the goals outlined in the California Strategic Plan for the Aging Population prepared by the California Health and Human Services. In an excerpt from (2003) California's strategic plan for an aging population, Excerpts from reports by Scharlach A., Torres -Gil F. and Kaskie B and Lee R., Miller T., and Edwards R., Page 3 A. The Changing Demographics "The rapid aging of California's population represents a demographic imperative that _._ cannot be ignored. California's population is expected to increase by 172% by 2040, with most of the growth occurring in the coming 20 years. The greatest growth will be among the oldest Californians, those age 85 years and older, whose numbers are projected to grow 200% over that 40 year period. By 2040, the ratio of the elderly to adults under age 65 will have increased by 80 %". " 3 jPage This proposed business will meet the needs of elderly assistance and growing demands which can be a resourceful tool for community development programs and activities to the City of Baldwin Parks objectives, goals and image. Due to the current inactivity of the subject property, and the appearance of abandonment, conformity will bring the proposed plan to an active, supervised environment, including maintenance that would substantially, increase the property value and appreciated appearance, through aesthetic element design in structures, parking lot design and landscaping features. in essence, new activity on this street, has the potential to reduce crime, gang activity and the attraction of young teenagers, who are seeking low profile streets and street inactivity. On the contrary of adverse effects, this business is in need of activity and exposure to bring a little bit of light into a dark area, where positive, lively contributions may improve the neighborhood of Stichman Avenue. Many tools and resources provided by keystone Elderly Care, will provide neighbors and the community with adequate space and a peaceful atmosphere to hold meetings such as Neighborhood Watch programs and other ideas that will enhance the safety and quality of livelihood within the adjacent areas and community. Thank you for considering and reviewing our proposed plan. It is very appreciated. Signed: Applicant and Agent of Eastern Keystone Inc. Sin cerl y- ;% Tyr 4 0 Page 1 a I EASTERN KEYSTONE CrIYOFBA ,_; BUILDING DIVISION 22950 BURBANK BLVD DEVELOPMENT SITE 3562 -3576 VINELAND WOODLAND HILLS CA 91367 CASE# CP 801 TEL 818 - 693 -0440 FAX 818- 887 -9669 THIS LETTER IS TO NOTIFY THE PLANNING COMMISSIONERS AND PLANNING DEPT AND ALL WHOM THAT MAY CONCERNS, THAT SINCE EASTERN KEYSTONE DID OFFER A REVISED PLAN WITH 27 BEDS IN ORDER TO SATISFY ITS OPPONENT(S) AND COMPROMISE WITH THEM BUT SINCE THE„ OPPONENT DO NOT CARE ABOUT ADULT CARE RESIDENTIAL FACILITY AT AEL AND DO NOT COME TO ANY MEDIATION BUT INSTEAD IT USED FLYERS WITH MISLEADING INFORMATION TO PUBLIC SUCH AS US BEING A HOSPITAL IN ORDER TO" BUILD MOMENTUM AGAINST OUR COMPANY DEVELOPEMENT AND OTHER UNFAIR TACTICS. CT 14 2011; THEREFORE WE GO BACK TO THE SAME OUR ORIGINAL PLAN OF 43 BEDS WHICH IS FIRST SUBMITTED. WITH AND ASK respectfully: THE COMMISSION TO MAKE DECISION ON OUR ORIGINAL 43 BED FACILITY. SINCE PROPERTY IS FROM BLOCK TO BLOCK THEREFORE TOUCHES STREET AND ON BOTH SIDES IT HAS BLOCK WALLS ON SIDES AND IS QUITE RETIRED PEOPLE LIVING IT DOES NOT CAUSE ADVERSE EFFECT ON ITS NEIBHORS PLEASE ALSO INVESTIGATE THE MISINFORMED FLYER DITRIBUTED DAYS OF HEARING .OUR PLAN IS A QUITE OPERATION FOR SENIOR RETIRED PERSONS AND THEY HAVE THE RIGHT TO ENJOY LIFE AND LIVE IN A RESIDENTIAL ZONE AS OTHER PEOPLE AND NOT BEING DRIVEN TO COMMERCIAL AND INDUSTRIAL DAILY NOISE AND FUME. 5 ____ �-- --- RELY YOURS BRUCE ASHOORI PRESIDENT AND SECTRETARY i i I A nO ro a c .., p p - N N N 00 ++ v C 00 to N b0 N v bO t10 b-0 r N (13 p ra Q M ra CL rB n bD C "i ci an . d Ln m C O O O O r ry n N N tan dJ b.O 4J hO C rts rz + al � 'CLO m b; N m ro m ,-� +-� - C C C C ru C L .-., a n Q r ro ,°„ a) cu a.r p Q -N . 6� O `- � — — N �. m . ct- q� c � as L aJ N vx Qa N m al v cil L L i b.0 v v1 r) d. CL m i N UD �""� O V r0 rQ ru r0 ro f6 v �DZ b-Q t7D N � p.. 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Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, May 22, 2013 7:00pm 111139i 11300 "s W1119 PLEDGE OF ALLEGIANCE ROLL CALL NONE CONSENT CALENDAR Minutes from April 24, 2013. ACTION: Approved 4-0. Moved by Commissioner Galvan and seconded by Commissioner Ybarra. PUBLIC HEARINGS I ) C(MITU11FE TO JUNE 26, 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESDIENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 OF THE CITYS MUNICIPAL CODE. (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, C3 SE NUMBER: CP-801) David L. Muse, Chair Members Present: Natalie Ybarra, Vice Chair Ralph Galvan, Planning Commissioner George Silva, Planning Commissioner Members Absent: NONE Amy Harbin, AICP, City Planner Staff Present: Christy Marie Lopez, Assistant City Attorney Humberto Quintana, Community Development Department NONE CONSENT CALENDAR Minutes from April 24, 2013. ACTION: Approved 4-0. Moved by Commissioner Galvan and seconded by Commissioner Ybarra. PUBLIC HEARINGS I ) C(MITU11FE TO JUNE 26, 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESDIENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 OF THE CITYS MUNICIPAL CODE. (LOCATION: 3562 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, C3 SE NUMBER: CP-801) Mav 22, 2013 Victor Pelayo spoke in opposition to the project. ACTION_ Continued to June 26, 2013; 4 -0. Moved by Commissioner Galvan and seconded by Commissioner Silva. 2 REQUEST !' CONDSIDERATION OF ! ! ! a L USE PERMIT FOR THE !' -SITE SALES OF AND • i RESTAURANT # PARK PIZZA COMPANY) # USE 2 ZONE, PURSUANT TO SECTION 153.120.050 A.1 OF THE CITY'S MUNICIPAL CODE (LOCATION: 4744 MAINE AVENUE; APPLICANT: ASPETTA, INC. REPRESENTING BALDWIN PARK PIZZA COMPANY; CASE NUMBER: CP-804). ACTION: Continued to June 26, 2013; 4 -0. Moved by Commissioner Ybarra and seconded by Commissioner Silva. 3) CONTINUED FROM APRIL 24 2013. A REQUEST FOR MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT (CP -646) CONDITION OF APPROVAL "F" OF RESOLUTION PC 02 -10 CHANGING THE TIME PERIOD ALLOWED FOR THE OUTSIDE CONTAINER STORAGE AND THE NUMBER OF OUTSIDE STORAGE CONTAINERS PERMITTED. (LOCATION: 3250 BIG DALTON AVENUE; APPLICANT: ALICEN WONG, REPRESENTING WALMART; CASE NUMBER: CP- 646MOD) ACTION: Continued to July 24, 2013; 4 -0. Moved by Commissioner Ybarra and seconded by Commissioner Galvan. , CONTINUED FROM APRIL 2013. A REQUEST FOR CONSIDERATION OF CONDITIONAL USE PERMIT FOR COMMUNICATION GENERAL FACILITY IN THE FORM OF A MONOPINE AND IT'S UPGRADES WITHIN THE C-2, COMMERCIAL TO SECTION 153.180.140 OF THE CITY'S MUNICIPAL CODE (LOCATION: 13402 RAMONA BLVD.; APPLICANT: MELISSA !•`! WITH MODUS, REPRESENTING .- .. Jay Higgins spoke in favor of the project. ACTION: Approved; 4 -0. Moved by Commissioner Galvan and seconded by Commissioner Ybarra_ C:1Amy1AM1'�W ORDWinutesl5- 22 -13. doc May 22, 2013 Pape 3 153.120.050(A)(3)(B) OF THE CITY'S MUNICIPAL CODE (LOCATION: 3077 BALDWIN PARK BOULEVARD; APPLICANT: VANESSA SANDOVAL REPRESENTING KING FISH RESTAURANT; CASE NUMBER: CP -800). Recess: 7:42pm Reconvene: 7:44pm ACTION: Approved; 4 -0. Moved by Commissioner Galvan and seconded by Commissioner Silva, to include a security guard as part of the businesses security plan. 6) A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR AN EXISTING WIRE' ESS TELECOMMIfItI[ +ATIOI`�!S FA%I T Y !N T nc FORM OF A MONOPALM AND IT'S RESPECTIVE UPGRADES WITHIN THE C -2, GENERAL COMMERCIAL ZONE PURSUANT TO SECTION 153.180.040.B.3 OF THE CITY'S MUNICIPAL CODE (LOCATION: 14233 JOANBRIDGE STREET; APPLICANT: MELISSA CORRO, WITH MODUS INC., REPRESENTING SPRINT; CASE NUMBER: CP -803). Jay Higgins spoke in favor of the project. ACTION: Approved, 4 -0. Moved by Commissioner Silva and seconded by Commissioner Ybarra. 7) 7) A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A NEW WIRELESS TELECOMMUNICATIONS FACILITY IN THE FORM OF A MONOPALM AND DECORATIVE BLOCK WALL ENCLOSURE THE FOR RESPECTIVE MECHANICAL EQUIPMENT WITHIN THE I -C, INDUSTRIAL COMMERCIAL ZONE, PURSUANT TO SECTION 153.180.040 OF THE CITY'S MUNICIPAL CODE (LOCATION: 1308 MAINE AVENUE; APPLICANT: YUMI KIM WITH CORE DEVELOPMENT SERVICES REPRESENTING VERIZON WIRELESS; CASE NUMBER: CP -805). Yumi Kim spoke in favor of the project. ACTION: Approved; 4 -0. Moved by Commissioner Ybarra and seconded by Commissioner Galvan, to include modification of condition #14 in the staff report relating to the height of the live palm trees. REPORTS OF OFFICERS 1) Planning Division Monthly Report — April; 2013 ACTION: No action taken. C:tAmYuAMYnW O RDkMinutesl5-22 -13. doc May 22, 2013 Page 4 2) Update on the proposed Irwindale Materials Recovery Facility and Transfer Station (Location: 2200 Arrow Highway; Applicant: Athens Services) - -- Notice of Preparation ACTION: No action taken. COMMISSION/STAFF COMMUNICATION 1) In response to A question by Chair Muse, City Planner Harbin indicated that the grand opening of the Parking Structure is tentatively scheduled for Saturday, June 22, 2013. ADJOURNMENT The Planning Commission adjourned the meeting at 8:06 p.m. Approved as presented/amended by the Planning Commission at their meeting held on JL--�rv—> 2,co, 2�v� Amy L. F arbin AICP, Secretary Baldwin kz1anning Commission C:\AmylAMYWORD\MiritAesl,',�7-13.ciac I a 611 WIA ft RAI T)WI M r I n' n' 1\1 PLANNING COMMISSION OF THE CITY OF BALDWIN PARK Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, June 26, 2013 7:00 pm PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR Minutes from May 22, 2013. ACTION: Approved 4-0. Moved by Commissioner Galvan and seconded by Commissioner Silva. PUBLIC HEARINGS 1) A REQUEST FOR CONSIDERATION OF A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING WIRELESS COMMUNICATION FACILITY AND IT'S UPGRADES WITHIN THE C-2, GENERAL COMMERCIAL ZONE, PURSUANT TO SECTION 153.180.040 (B) (3) OF THE CITY'S MUNICIPAL CODE (LOCATION: 14635 BALDWIN PARK TOWNE CENTER DRIVE; APPLICANT: MELISSA CORRO, WITH MODUS, ING, REPRESENTING SPRINT; CASE NO.: CP-775MOD). S1, ILI CANDNITU, David L. Muse, Chair Natalie Ybarra, Vice Chair Members Present: Edith Flores, Planning Commissioner Ralph Galvan, Planning Commissioner George Silva, Planning Commissioner Members Absent: NONE Amy Harbin, AICP, City Planner Staff Present: Christy Marie Lopez, Assistant City Attorney Humberto Quintana, Community Development Department PUBLIC COMMUNICATIONS CONSENT CALENDAR Minutes from May 22, 2013. ACTION: Approved 4-0. Moved by Commissioner Galvan and seconded by Commissioner Silva. PUBLIC HEARINGS 1) A REQUEST FOR CONSIDERATION OF A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING WIRELESS COMMUNICATION FACILITY AND IT'S UPGRADES WITHIN THE C-2, GENERAL COMMERCIAL ZONE, PURSUANT TO SECTION 153.180.040 (B) (3) OF THE CITY'S MUNICIPAL CODE (LOCATION: 14635 BALDWIN PARK TOWNE CENTER DRIVE; APPLICANT: MELISSA CORRO, WITH MODUS, ING, REPRESENTING SPRINT; CASE NO.: CP-775MOD). S1, ILI CANDNITU, June 26, 2013 Page 2 Vice Chair Ybarra arrived at 7:09pm Abner Morales, representing the Applicant spoke. ACTION: Approved; 5 -0. Moved by Commissioner Galvan and seconded by Commissioner Silva. 2) CONTINUED FROM MAY 22 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR THE ON -SITE SALES OF DEER AND WINE (TYPE 41) IN CONJUNCTION WITH A RESTAURANT (BALDWIN PARK PIZZA COMPANY) WITHIN THE MU -2, MIXED USE 2 ZONE, PURSUANT TO SECTION 153.120.050 (A) (1) OF THE CITY'S MUNICIPAL CODE (LOCATION: 4744 MAINE AVENUE; APPLICANT: ASPETTA, INC. REPRESENTING BALDvYIN PARK PIZZA COMPANY; CASE NUMBER: CP -804). Joseph Spillone, representing the Applicant spoke. ACTION: Approved; 5 -0. Moved by Commissioner Silva and seconded by Vice Chair Ybarra. 3) CONTINUED FROM MAY 22 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESIDENTIAL CARE FACILITY WITHIN THE R -1, SINGLE - FAMILY RESIDENTIAL ZONE. (LOCATION: 3562 -3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP -801) Chair Muse recused himself. The following individuals spoke about the project: Bruce Ashoori, Applicant Teri Muse, Resident Victor Pelayo, Resident Xochitl Castelleon, Resident ACTION: Continue to July 24, 2013; 4 -0. Moved by Commissioner Silva and seconded by Commissioner Flores. Chair Muse returned to the dais. C:1Amy1AMY WORDWinutesl6- ?6 -13Aoc i June 26, 2013 Page 3 I (LOCATION: 1707 BIG DALTON AVENUE; 14121 -14137 CORAK STREET, AND 1712 - 1720 DUNDRY AVENUE; APPLICANT: SAN GABRIEL VALLEY WATER COMPANY; CASE NUMBERS: ZV -701 MOD AND PM -1407) Commissioner Silva recused himself. The following individual spoke about the project'. Dan Arrighi, San Gabriel Valley Water Company Frank LoGuidice, San Gabriel Valley Water Company ACTION: Approved; 4 -0. Moved by Commissioner Galvan and seconded by Vice Chair Ybarra. Commissioner Silva returned to the dias. 5) CONTINUED FROM APRIL 24 2013. A REQUEST FOR A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO THE CONVERSION OF EXISTING STATIC -FACED BILLBOARDS TO DIGITAL -FACED BILLBOARDS (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC -173) ACTION: Approved; 5 -0. Moved by Vice Chair Ybarra and seconded by Commissioner Silva. 6) CONTINUED FROM APRIL 24 2013. A REQUEST FOR CONSIDERATION OF AN AGREEMENT TO ALLOW CONVERSION OF FOUR BILLBOARD SIGN FACES (LOCATED ON TWO BILLBOARD STRUCTURES) FROM STATIC TO DIGITAL AND A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (LOCATION: CLOVERLEAF BUSINESS PARK; APPLICANT: JOHN DUONG, REPRESENTING CLEAR CHANNEL OUTDOOR; CASE NUMBER: DA 12 -01) John Duong, Clear Channel spoke about the project. ACTION: Approved 5 -0. Moved by Commissioner Silva and seconded by Vice Chair Ybarra. REPORTS OF OFFICERS 7) Sustainabil'rty Element Update ACTION: No action taken 8) Appointment of Planning Commissioner to the City's Health and Sustainability Advisory Committee. ACTION: Vice Chair Ybarra appointed; 5 -0. Commissioner Galvan nominated Vice Chair Ybarra to serve on the Advisory Committee. Commissioner Silva seconded the motion. C :tAmytAM)'�VVDR6tMinutestE26 --; 3.doc June 26, 2013 9) Planning Division Monthly Report—June, 2013 ACTION: No action taken Page 4 10) Update on the proposed Irwindale Materials Recovery Facility and Transfer Station (Location: 2200 Arrow Highway; Applicant: Athens Services) - -- Notice of Preparation ACTION: No action taken. COMMISSION/STAFF COMMUNICATION 1) Chair Muse welcomed Edith Flores to the Planning Commission. 2) Commissioner Galvan regretfully stated that tonight would be his last meeting as he was resigning his position A- UUe to � relocating out of state. ADJOURNMENT The Planning Commission adjourned the meeting at 9-00 p.m. Approved as presented/amended by the Planning Commission at their meeting held on 'u Amy L. rbin AICP, Secretary Baldwin Par I anninag Commission 'MmylAMYNWORDMnutesV_26-1 3-doc r ACTION MINUTES PLANNING COMMISSION OF THE CITY OF BALDWIN PARK Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber 'ednesday, July 24, 2013 7:00pm PLEDGE OF ALLEGIANCE ROLL CALL David L. Muse, Chair Members Present: Natalie Ybarra, Vice Chair — — L I Edith Flores, Planning Commissioner George Silva, Planning Commissioner Members Absent: NONE Amy Harbin, AICP, City Planner Staff Present- Christy Marie Lopez, Assistant City Attorney Humberto Quintana, Community Development Department Marcelina Wals spoke. CONSENT CALENDAR Minutes from June 26, 2013. ACTION: Approved 4-0. Moved by Vice Chair Ybarra and seconded by Commissioner Silva. 2) CONTINUED FROM JUNE 26, 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE. (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801) Chair Muse recused himself. July 24, 2013 Page 2 The following individuals spoke about the project: Victor Pelayo Javier Romo Walter Jovel Christina Rodriguez Sandra Hoyston Richard Hsu Sara Finn Gabriel Marcelina Wals Xochitl Castelleon Gilbert Arroyo Lorena Cervantes Spanish Speaker Sally Duran Alfredo Alvarado Andres Andrade Resident at 3566 Vineland Delilah Ponce Ms. Vargas ACTION: Continue to August 28, 2013; 4-0. Moved by Commissioner Flores and seconded by Commissioner Silva. Chair Muse returned to the dais- 3) CONTINUED FROM APRIL 24, 2013. A REQUEST FOR MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT (CP-646) CONDITION OF APPROVAL "F" OF RESOLUTION PC 02-10 CHANGING THE TIME PERIOD ALLOWED FOR THE OUTSIDE CONTAINER STORAGE AND THE NUMBER OF OUTSIDE STORAGE CONTAINERS PERMITTED. (LOCATION: 3250 BIG DALTON AVENUE; APPLICANT: ALICEN WONG, REPRESENTING WALMART; CASE NUMBER: CP- 646MOD) ACTION: Continued to August 28, 20131 4-0. Moved by Commissioner Ybarra and seconded by Commissioner Silva. REPORTS OF OFFICERS 4) Sustainability Element Update ACTION: No action taken 5) Planning Division Monthly Report—July, 2013 ACTION: No action taken C:1Amy1A"WORD\Minuies\7-2413,doc July 24, 2013 Page 3 6) Update on the proposed Irwindale Materials Recovery Facility and Transfer Station (Location: 2200 Arrow Highway; Applicant: Athens Services) - -- Notice of Preparation ACTION: No action taken. COMMISSION /STAFF COMMUNICATION 1) Commissioner Ybarra asked who was responsible for the trees in the median, referring back to the individual that spoke under public comment. ADJOURNMENT The Planning Commission adjourned the meeting at 8:03 p.m. Approved as presented/amended by the Planning Commission at their meeting held on my L y L. H rbin, ICP, Secretary Baldwin P Pla ning Commission C.1AmyNAMYkVVDRD1hNinutesk7-24-13,dm ♦ ■ .' l Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, August 28, 2013 7:00pm PLEDGE OF ALLEGIANCE -Y K#]4K9 A PUBLIC COMMUNICATIONS Christine Hudson spoke- a Minutes from July 24, 2013. ACTION: Approved 4-0. Moved by Vice Chair Ybarra and seconded by Commissioner Silva. PUBLIC HEARINGS 1) CONTINUED FROM JULY 24, 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE. (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801) David L. Muse, Chair Members Present: Natalie Ybarra, Vice Chair Edith Flores, Planning Commissioner George Silva, Planning Commissioner Members Absent: NONE Amy Harbin, AICP, City Planner Staff Present: Christy Marie Lopez, Assistant City Attorney Humberto Quintana, Community Development Department Jason Caraveo, Planning Intern PUBLIC COMMUNICATIONS Christine Hudson spoke- a Minutes from July 24, 2013. ACTION: Approved 4-0. Moved by Vice Chair Ybarra and seconded by Commissioner Silva. PUBLIC HEARINGS 1) CONTINUED FROM JULY 24, 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE. (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801) August 28, 2013 Page 2 Chair Muse recused himself. The following individuals spoke about the project: Gabriel Alvarado Christine Hudson Bruce Ashoori Gabriel Alvarado (#2) Victor Pelayo Joe Lopez Xochitl Castellon Richard Hsu Walter Jove[ Olivia (?Last Name) Carlos Duarte Andrew Gomez Diane Alvarez ??--La Reyna-47 year resident Christina Rodriguez Brandon Jovel Sergio S 0 erafin Brianna Jove[ Vivian (del Muro?) ACTION: Continue to October 9, 2013; 4-0. Moved by Commissioner Ybarra and seconded by Commissioner Silva. Chair Muse returned to the dais. 2) A REQUEST FOR CONSIDERATION OF A PARCEL MAP TO SUBDIVIDE ONE (1) LOT INTO TWO (2) LOTS FOR RESIDENTIAL PURPOSES WITHIN THE R-11, SINGLE- FAMILY RESIDENTIAL ZONE, PURSUANT TO TABLE 152.10 OF THE CITY'S MUNICIPAL CODE (LOCATION: 4022 CENTER STREET; APPLICANT: CASE NUMBER: PM-1418) Greg Norris spoke ACTION: Approved; 4-0. Moved by Commissioner Silva and seconded by Commissioner Ybarra. 3) A REQUEST FOR CONSIDERATION OF A PARCEL MAP TO SUBDIVIDE ONE (1) LOT INTO TWO (2) LOTS FOR RESIDENTIAL PURPOSES WITHIN THE R-11, SINGLE- FAMILY RESIDENTIAL ZONE, PURSUANT TO TABLE 152.10 OF THE CITYS MUNIGIPAL CODE (LOCATION: 3142 ATHOL STREET; APPLICANT: CASE NUMBER: PM-1415) ACTION: Approved; 4-0. Moved by Commissioner Silva and seconded by Commissioner Flores. C:\Amy\AMYW0RDkMinutes18-28-1 3-dac August 28, 2013 0.i" . 4) A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE AND TRUCK REPAIR FACILITY WITHIN THE 1, INDUSTRIAL ZONE, PRUSUANT TO TABLE 153.050.020 OF THE CITYS MUNICPAL CODE (LOCATION: 5035 HEINTZ STREET; APPLICANT: ANDY FIGUEREDO; CASE NUMBER CP-806). Andres Figueredo spoke ACTION: Approved; 4-0. Moved by Commissioner Ybarra and seconded by Commissioner Silva. Jessica Steiner spoke ACTION: Approved; 4-0. Moved by Commissioner Silva and seconded by Commissioner Flores. 6) A REQUEST FOR CONSIDERATION OF A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT TO EXTEND THE HOURS OF THE OFF-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE (LOCATION 4400 MAINE AVE.; APPLICANT: SERGIO BELTRAN, REPRESENTING 7-11 INC.; CASE NO.: CP770MOD). Sherri Olsen spoke Sergio Beltran ACTION: Approved; 4-0. Moved by Commissioner Ybarra and seconded by Commissioner Flores. 7) A REQUEST FOR PLANNING COMMISSION CONSIDERATION OF AN UPDATE TO THE CITY'S HOUSING ELEMENT OF THE GENERAL PLAN FOR PLANNING PERIOD 2014-2021 (APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AGP-1 16). ACTION: Approved; 4-0. Moved by Commissioner Silva and seconded by Commissioner Ybarra. 8) A REQIEST FOR CONSIDERATION AND RECOMMENDATION TO THE CITY COUNCIL OF A PROPOSED AMENDMENT TO THE CITYS MUNICIPAL CODE RELATING TO THE ADDITION OF LANGUAGE WHICH WOULD PERMIT COMPREHENSIVE SIGN PROGRAMS FOR PROPERTIES WITHIN COMMERCIAL, INDUSTRIAL AND MIXED USE ZONES FOR NON-EXEMPT SIGNS (LOCATION: ALL C.,\AmytAKMWORDIMinEAeslB-2&-13-doc August 28, 2013 COMMERCIAL, INDUSTRIAL, AND MIXED USE ZONES; APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC-174) ACTION: Approved; 4-0. Moved by Commissioner Silva and seconded by Commissioner Ybarra. josh Fyfe spoke ACTION: Approved; 4-0. Moved by Commissioner Silva and seconded by Commissioner Ybarra. 10)CONTINUED FROM JULY 24, 2013. A REQUEST FOR MODIFICATION • AN EXIS TING CONDI TIONAL USE PERMIT (CP-646) CONDITION OF APPROVAL RESOLUTION PC 02-10 CHANGING THE TIME PERIOD ALLOWED FOR THE OUTSIDE CONTAINER STORAGE AND THE NUMBER OF OUTSIDE STORAGE CONTAINERS PERMITTED. (LOCATION: 3250 BIG DALTON AVENUE; APPLICANT: ALICEN WONG, REPRESENTING WALMART; CASE NUMBER: CP- 646MOD) A brief recess was taken at 9:50 p.m. Returned at 9:58 p.m. Dwight Kirksey spoke Alicen Wong Spoke ACTION: Approved; 3-1. Vice Chair Ybarra dissenting. Moved by Commissioner Silva and seconded by Commissioner Flores. REPORTS OF OFFICERS 1 Sustainability Element Update ACTION: No action taken 2) Planning Division Monthly Report—August, 2013 ACTION: No action taken 3) Update on the proposed Irwindale Materials Recovery Facility and Transfer Station (Location: 2200 Arrow Highway; Applicant: Athens Services } — Notice of Preparation ACTION: No action taken. C'tAmyt4MYkWORD Minutesl82F-13.cioc August 28, 2013 COMMISSION/STAFF COMMUNICATION ADJOURNMENT The Planning Commission adjourned the meeting at 10.05 p.m. Paae 5 Approved as presented/amended by the Planning Commission at their meeting held on Amy L. H rbin, 'ICP, Secretary� Baldwin Pt nning Commission CAAMytAMYWORDMnutes\8 28 -13.ckoc ACTION MINUTES Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, October 9, 2013 7:00pm CALL TO ORDER ELECTION OF CHAIR PROTEM ACTION: Election of Edith Flores as Chair Protem: 3-0. Moved by Commissioner Huizar and seconded by Commissioner Borques. PLEDGE OF ALLEGIANCE ROLL CALL ACTION: Excuse the absence of Vice Char Ybarra and Chair Muse; 3-0. Moved by Commissioner Flores and seconded by Commissioner Borques PUBLIC COMMUNICATIONS None CONSENT CALENDAR Minutes from August 28, 2013. ACTION: Approved 3-0. Moved by Commissioner Borques and seconded by Commissioner Huizar. Edwin Borques, Commissioner Members Present: Edith Flores, Commissioner Gustavo Huizar, Commissioner Members Absent, David L. Muse, Chair Natalie Ybarra, Vice Chair Amy Harbin, AICP, City Planner Staff Present: Christy Marie Lopez, Assistant City Attorney Humberto Quintana, Community Development Department ACTION: Excuse the absence of Vice Char Ybarra and Chair Muse; 3-0. Moved by Commissioner Flores and seconded by Commissioner Borques PUBLIC COMMUNICATIONS None CONSENT CALENDAR Minutes from August 28, 2013. ACTION: Approved 3-0. Moved by Commissioner Borques and seconded by Commissioner Huizar. October 9, 2013 W W W W A 2 ACTION: Approved; 3-0. Moved by Commissioner Borques and seconded by Commissioner Huizar. 2) CONTINUED FROM AUGUST 28, 2013. A REQUEST FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ADULT RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE. (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: U r_ ki r r_f_ V,114u— Mild E: lArl r- %_ iOE LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-8011) The following individuals spoke about the project: Gabriel Alvarado Joe Lopez Xochitl Pelayo Bruce Ashoori Gabriel Alvarado (#2) Andres Andrade Walter Jove] Patricia Rama Christina Rodriguez Olivia Zazueta (?) Alfredo Alvarado Victor Pelayo Maria Gutierrez Brandon Jovel Mr. Andrade Mr. Levon Ana Serafin Evelina Noriega ACTION: Motion to deny the project. Moved by Commissioner Huizar. Motion died for lack of a second. ACTION: Continue to October 23, 2013. Approved; 3-0. Moved by Commissioner Borques and seconded by Commissioner Flores. 1) Sustainability Element Update ACTION- No action taken CAAmytAMYkW0RD%Mintftes11 0-9-1 a doc October 9, 2013 2) Planning Division Monthly Report—August, 2013 ACTION- No action taken 3) Update on the proposed Irwindale Materials Recovery Facility and Transfer Station (Location: 2200 Arrow Highway; Applicant: Athens Services) - -- Notice of Preparation ACTION: No action taken. COMMISSION/STAFF COMMUNICATION ACTION: Continued to October 23, 2013; 3-0; Moved by Commissioner Huizar and seconded by Commissioner Flores. ADJOURNMENT A: - . . -- - -j the - The Planning Commission allJUUI I It--U LHU meeting at 8:19 p.m. Approved as presented /amended by the Planning Commission at their meeting held on Amy L. 1-16'rbin AICP, Secretary Baldwin Park Ianning Commission C:1 AmyVWM)'kWORD\,Minutesll0 -9-13.doo vWUMIL IN 1 / i • i ri ACTION MINUTES Baldwin Park City Hall 14403 E. Pacific Avenue, Baldwin Park, California Council Chamber Wednesday, October 23, 2013 7:00pm Wlqpllreffi*_i � PLEDGE OF ALLEGIANCE ROLL CALL Chair Muse PUBLIC COMMUNICATIO rRomos CONSENT CALENDAR Minutes from Jan ACTION: Apr Borques. PUBLIC HEARINGS islator available. 1 2013 and October 9, 2013. 5-0. Moved by Chair Ybarra, and seconded by Commissioner Chair Muse recused himself from the public hearing. Edwin Borques, Commissioner Edith Flores, Commissioner Members Present- Gustavo Huizar, Commissioner David L. Muse, Chair Natalie Ybarra, Vice Chair Amy Harbin, AICP, City Planner Staff Present: Christy Marie Lopez, Assistant City Attorney Humberto Quintana, Community Development Department Gerardo Marquez, Community Development Department Chair Muse PUBLIC COMMUNICATIO rRomos CONSENT CALENDAR Minutes from Jan ACTION: Apr Borques. PUBLIC HEARINGS islator available. 1 2013 and October 9, 2013. 5-0. Moved by Chair Ybarra, and seconded by Commissioner Chair Muse recused himself from the public hearing. October 23, 2013 O- - SINGLE-FAMILY RESIDENTIAL ZONE. (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP-801) The following individuals spoke about the project: Gabriel Alvarado I I I 1-4%J I Motion dies due to a lack of a majority vote on the motion. Moved by ACTION.- Motion to direct staff to bring back a resolution approving the project. Moved by Commissioner Borques and seconded by Commissioner Flores. Roll Call: C Wmy\AMYXWORD\Minutes\10-23-13.doc October 23, 2013 COMMISSIONER VOTE Borques Yes Flores Yes Huizar No Flores No Motion dies due to a lack of a majority vote on the motion. REPORTS OF OFFICERS 1) Sustainability Element Update ACTION- No action taken 2) Planning Division Monthly Ptanort—Septern ACTION: No action taken 3) Update on the proposed Irwindale Mate (Location- 2200 Arrow Highway, Applicant: ACTION: No action taken, COMM ISSION/STAFF COMMUNICA ACTION: Approved to have p December, 2013; 5-0. Moved by Huizar. The Planning Commissic C*\Amy\AMY\W0RDMnutes\1 0-23-13.doc 0- 19.5 W acility and Transfer Station )--- Notice of Preparation mission packets beginning seconded by Commissioner ng at 8-19 p.m. the Planning Commission at their meeting held on Amy L. Harbin, AICP, Secretary Baldwin Park Planning Commission � 1 i � � � � � � � � THIS LETTER IS TO NOTIFY THE PLANNING COMMISSIONERS AND PLANNING DEPT AND ALL WHOM THAT MAY CONCERNS, THAT SINCE EASTERN KEYSTONE DID OFFER A REVISED PLAN WITH 27 BEDS IN ORDER TO SATISFY ITS OPPONENT(S) AND COMPROMISE WITH THEM BUT SINCE THE ,OPPONENT DO NOT CARE ABOUT ADULT CARE RESIDENTIAL FACILITY AT ALL AND DO NOT COME TO ANY MEDIATION BUT INSTEAD IT USED FLYERS WITH MISLEADING INFORMATION TO PUBLIC SUCH AS US BEING A HOSPITAL IN ORDER TO BUILD MOMENTUM AGAINST OUR COMPANY DEVELOPEMENT AND OTHER UNFAIR TACTICS. THEREFORE WE GO BACK TO THE SAME OUR ORIGINAL PLAN OF 43 BEDS WHICH IS FIRST SUBMITTED. WITH AND ASK respectfully: THE COMMISSION TO MAKE DECISION ON OUR ORIGINAL 43 BED FACILITY. SINCE PROPERTY IS FROM BLOCK TO BLOCK THEREFORE TOUCHES STREET AND ON BOTH SIDES IT HAS ,y BLOCK WALLS ON SIDES AND IS QUITE RETIRED PEOPLE LIVING IT DOES NOT CAUSE ADVERSE G EFFECT ON ITS NEIBHORS PLEASE ALSO INVESTIGATE THE MISINFORMED FLYER DITRIBUTED DAYS OF HEARING OUR PLAN IS A QUITE OPERATION FOR SENIOR RETIRED PERSONS AND THEY HAVE THE RIGHT TO ENJOY LIFE AND LIVE IN A RESIDENTIAL ZONE AS OTHER PEOPLE AND NOT BEING DRIVEN TO COMMERCIAL AND INDUSTRIAL DAILY NOISE AND FU71J.RELY YOURS BRUCE ASHOORI PRESIDENT AND SECTRETARY M�A'" ii 22950 BURBANK BLVD DEVELOPMENT SITE 3562 -3576 VINELAND WOODLAND HILLS CA 91367 CASE## CP 801 TEL 818- 693 -0440 FAX 818 -887 -9669 THIS IS A' REQUEST TO APPEAL OU�CASE NUMBER CP -801 AT 3562- 3576 VINELAND AVE - D 4-{yam C i AS o- �� n c i L BALDWIN PARKYSINCE OUR MEET THE BALWIN PARK MUNICIPAL CODES REQUIREMENT, AND ALLOWS RENOVATIONS ON VACANT BUILDINGS,(STANDING IDLE FOR MANY YEARS) AND ALLOWS HOUSING FOR SENIOR PEOPLE WHOM NEED SMALL ASSISSTANCE�IN THEIR DAILY LIFE SUCH AS PRPARING THEIR MEALS AND DOING THEIR HOUSE KEEPING. 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C I r+ n 5* Ln i- 0 = rD \ ni r) -0 :1 + m o = 0 0 1 w C:L m D q D 0 : 0 0 m 3 Ln r+ / OJ 0 Di Ln 0 -I ai (D --1 :3 -1 FD Z3 D- 0 :3 00 0 oi 0- - Z; n 3 0 Ln 6 R C) rD a rD 1+ = 0 n 3 (D rD un r—D ru r+ w ai =r rD LA 1+ Z) 3 0 1 0 0 il • ^j � » � j � .y p. � \ .2 . .. � \ < »� \ \� d\ �\ �. . � \ � \ �� \ � \\ \ . � . �� .. � � d \� � � \� z -0 m > > -n > > O-Q d rD rD r) v v Ln 0 rD CD rD 0 -1- 0 C E3 (D rD (D r) rD Ln -t- LI) 0 r) Di rD rD aj r-t- cu rD aj rD < rD r) a) :3 -j, --F, --+, --i� r*'- rD -0 n rD 3 rD (-D C-- nj aR to :3 —, W= 0 0 LA ni rD n- Di -1 cd r) (D — — l< = o < rD 1-1- 0 '< rD 1 oi o- D Z3 — Lr',) CT -I co n :3 o r) -i Ln LE rD 7j CT — D M -+. n rD Ln I+ --I Ul 4- 0 (') n rD rD Z. E3 r- --f, o w r) Di w r+ CL) aj QrQ �J. F 0 < Ln + ui + rD rt) OJ (D < LA 0 n 0 -0 N v aj E T 0 a1 C (D C) r+ 0- r-, r- < rl) 0 rD Ln w rD :D rD (-D' rD < (D rCh Ln C C) L, IIJ 7 C) W -1 DJ < L/I 0 7:3 0- :3 0 (D Q CLJ I 0 L, rD --1 (-) ET 0 (D r :D r-t LA w 0 LA QJ :3 01 aj r) rD :D rD r) rD ,< C) aj (D 010, VI r LI) Ln _0 :3 D -1 rD LA Ln Z) o) rD U-1 r+ CLJ r D o r) w :3 CLi Ln r) DJ --+' rD rD rD :3 -1 0 r+ Di Ul) -1 rD r) ::r LA (D r-tl rD CL) < Ln - L/) " (D � Di O-Q co L/I :T 0 rD n0 0 CLJ DJ LA , , rD rD C) W L/I :3 — r-+ --I rD 0 Ln C: Ln r-, CLJ a) rt CD -I = rD j M n,,, n rD :D Ln C) r) rD rt. rD 0 -1 01 r+ r) ni o 0 ai Ln rD CD- < ai D rD r-D o- r+ rD rD Ln C7 0- Lq r+ nj rD --h --il rD x W 0 rD rD (D 3 (D r) rD C rD rD rD rD 0- < flJ rD Ln r+ r+ n -0 -0 > rD -I o o o o o o :3 0 0 < < < < < < < . rD < F CE C- F 0- n w w w w W LA W W 0 ri- Ln o > > < (D — 5- --1 CLJ 77 aj > rD rD a) O'Q .0 a) O-Q E rD (T) rD C) CT FD 0 0 0 rD D :3 0 n rD r) ai Di D -, = (-) --I -'I < CU 7 b m C M 0 rD -,I (D CO rD -1 Di (D o FU w ai rD Drr M ) rD (D -,:3 -3 . 90 5' U-1 • VI lu aj vi p rD rD Ln 0 CLJ Ln N :3 ci rD rD r) rD 3 V) 0 a I --I LA in F- CLJ 0 r) (D 3 = -+, rD < 0 CIR rD CLJ rD rD 3 ai rD rD FT C) 0 r+ rD I Ln. 3 0 p o a o. d < rD m 3 < m C — C m 3 CD °' b ° o m d ° p .a o ".. w o > o io a m o 5 IO < m ° '°—' E a m E > ^p a `° EE,, .a : BE d n d d v o. F ° IUIE d +n AN O a S < > n _ O C 5 ^ Y �.4 �7+ --I r) OLnaj 't u) Di :3 � n :) = --" a) D rD 0 0 :D 0 Zy- (D rD C: 0 W 0- 0 rb n CD- 0 1-0 — rD 3 0 rD tA. n M r) Ln 3 3 — + = r) rD QJ 0 rD < rD W LA rD (D C: rD 0- !:t Q (D rD (D rD 0 rD 5' L, FD, Dj rr rD Ln 00 rL-n+' 3, -1 r+ w 0' E3 --1 -1 Ln -t. Lj ni 'o –' r+ C W, (D IM 9, rD > n 0 - - rD rD - 0 1 (D' < 0 ] =- = —. , , rl) L' 0 aj ZT W rD C) Ln LA Q. . o N Ln 1�1 =- Ln r-i- rD rD rj) rD rD r-) ::) --, — w 0- LA rD 0 m r) �> W 0 L, v,' < r+ (D 0 W rD n --i� :3 w lu 1+ Ln D cu orq 3 0 C — M r) rD FJ Ln 3 rD < < aj -+, r) 0 rD o M n Ln n :3 ci Ln rD '< C: > < + Z) Ln r) 0 (D "I rD — w (D 0 rD 0 3 ai --Ti , w w 0 :3 rD 3 o r) (D "n ul LA C: VI rD 't- tn Ln W Ln Ln 0 LA 0 v DJ M n L/I (D 0 0 r) 0 rD r) c: n rD un -0 r) cu a) 0 L/I D --I to M-1 O-cFq < 0 > 0 0- OJ > --o L, 3 rD ci rD L� :Y - Ln 3 w 0 0 L" 0 n- =-a n -- c n rD 0 w 0 w, 3 :D rr, - 0 C W II DJ 0 3 n Ct '=+ r) r+ U, 0 0- (D (D LA. (D tA 0 rD --fl (D W 0 (D 0 (D r�. 3 0 > , C -1 -1 il) 0 0 ni rD w v O r+ -,1 :3 D zT M rD rD CD- =j-, w -.0 =5 o Ln D -0— W 0- 0 r+ C: 0 rD rD - W :7 -1 ol FM I — M - — ai 0 0 E: Ln Ln 0 * Di C) un > Ln L, rt) r) < rD 3 FT M LA n c E3 - rD rD aj – rD i rD a-, 3 o . I F DJ m E- < FD C:� -,o , m -,. M Ln :i r-, m 3 rD CL aj Q 0 0 n rD Ln r) :3 rn0,w C) (D Ln rD cu rD n =. 3 0- < rD 0 :T -7 rD 0- Dj r+ 0 (D 0 Z3 W rD rD ::Y- o o —. :3 rDy m 30 cu - > ai - n—,+ W n , 3 , Z7 (D r+ m 00-0 U- -+' (D 3 0 DJ rD -0 L/I rD rD r) Lnt. CD- Ln r) D, rD Ln 0 Ln tA C > M 0 < rD 0 (D 73 rD 00 rD 0 rD rD :T 0- Ln :t :3 0-0 3 rD 3 Ln 1+ w ai 0 0�, Ln U, (D rD r+ :3 Ln C rD Qj "I o < rD Ln 0 It 0 3 rD --1 W rD W un W L, ro rD "I rD rD rD (D n Q C N. rD aj 0—o—rQ. v cu Ln 0 r+ (D W CU DJ 0 rD WC:3 n (D 3 Ln rl) rD Di D u r' 0 n rD Ln = 0 -0 -7 rD 0 ,-, 3 rb rD :T rD C) rr) L', > 0 Ln 0 rD r-) 0 — 0 o 0-m r+ ::;; 3 (D = = —0 0 �l c: -, (D -.+, = 0 > W (D 3 rD N. — 0 Ln un r., Ln Di rD 3 Di :3 rD Ln r-) ao > rD cu rD w rD (D u' v Ln -1 0 rD to rD 3 rD w w �;;. w rD 77 r) 0- a, n° 3 -J -, rD 0 > (D -1 U-2. =r o - 0 E. n r) rD O'Q W w (D = — rD n DJ 3 rD rl (D r+ Q- rD W r+ rD w 1 0 Ln L" 0 0 ::3 L/) LA mi N. C) f-- —0 Ln u" rD =r :3 C: rD vrt -I N C (D DjGql o 7) — o- < • rD rD (D LA. =1 cu — :7 M r) rD 0 0 rD n Ln C) rD ca- — Ln CJ r+ < :5 rD r) 3m in:3 C: rD < + 0 C) i- =- D (D fD 1. rD — r+ zr aj n IF m n rD rD rD c w Ul rD 5' cL V) 0 r-t- -111:7 Cl- = M-M ^ O' --1 -0 0 n > 0 ri 0 n > 0 Ow --o OrD>o ET—O --0 — rD r-) < < n 0- :D r) UJ r) — —. --j, C c 5 0 05 n r) 3 rD (D rD Ln Ln rD r- r) (D rD 0 rD rD 0 L" 0 w Ln :� Ln TZ Ln ni + --1 :1 0 —' rD :3 ai � o- -0 rD r-) rD Do-Qm w 0 :D rD Lfl L4 —,,ZF 0- = — ri) =w + -- :3 W r) -1 V, n tA r- n W LA zr 0- rD 3 0 ai 0 r+ :� 0 -0 rD , n W 0 (D r-t- rD 0 3 rD r) w 0 ::F , o- 3 rD — -, rD 0 rD m rD = -i ' rD 0 lu D 0 < < aj M E3 -0 ID rl 0- L, U') aj = r+ -I DJ (D , I = -7 --1 rn '< rD r-t CL Ei 21 <W r-D 0 o w 0 w + r+ rD 0- w rD ---7 (-j; 0 0-0) -D rD — 0- On 0 1 w rD aj a' L,) 0- rD (D r) M rrD+ 0 M Ln a) 01 < 0 3 0 orq =- (D (D 00 =� rD nj rD L" :3 rD l-n EU rD (A 0 U'. -1 D.) ul < L, 5, rD un , M -, rD 0 M r+ ai r+ (D .0 --1 -3 r) rD (D 0 UQ U-0 -1 0 r aq rD 0-- — , < 3 n n- -, m < ,� W LA -0- 0 C: Q (D Q'Q r+ rD 0 rD >< o- rD < 4J N (D 0_--i "I -, :� ::5 -0 0 D m F-� "+ --I < W to (D '< > zr r+ E w , rD rD w C7 rD rD 0- r+ rD 0 E�j (D 0 r) Ln r-t- M — D) 0-6� 0 0 rD cu 0 n ai -", = a, I'D F D :D. rD r+ cu =- :3 w o Ln w CL w s n r) rD rD 0--io rD o- ^. E3 (D n Ln — _n oj I'< M rD DJ M nj 0 rD 0 0" M W n - —' rD DJ ' C: ai Ln +3 C:!� L, _0 V) - w = r+ '+ 0 0 (D Ln �j rD rD Eu w 0 w -- Ln 3 0 < 3 q'Q , n rD d- = - M 0 ID r+ rD ri- 0 n . -lh —1+0 C-- ol W --il 0 C 00 —.0 ON-1 --% < 0 r- 0, > rD Di --f, --1 3 �_n , rD 010 rD n _0 LI -7 Ln -" rD ull Qj aj un CD H w 0- mj DJ LA 0 D- 0 olc� 7 n 0 --1, r) (D 0 rD r" o- rD w 0 0 C) w rD 5 ri o- r r+ 0 .) D v _ —0 Ir rD 0- E' rD 3 —' rD —2: 3 N — rD 0 ID 0 Ll rD 0- — --1, 3 0 �D :7 < rD rD 0 'o 0 w rD -0 0 rD 00 03 .":0 0 Di 3m 0 :5 -11 � rD M rD 0 -+,7D Ln lu Lf) --j r) 0 rD 6j M 0- :3 rD r- nj Ln 0 w w (D LA ED-- ul, 3 LrnD > rD r+ -0 C: rD Ln -1 > CLdQ rD rD (D a1 n 0 (D ZT 0 oj m Ln Ln 0- Zy--O nj -0 (D "I --, 3 rD 3 w DJ rD f-!- 0 aj 0 0 rD ni rD LA rD V) Ul < < rD w r+ H- — L, :ruj a, Ln :3 r+ w rD f3 z r+ = rD t'J C: 0 f, r+ n :3 ni x Ln rD rD rD Ln 3 rD rD Ln (D Ln C N n V, rD —* LA rD :3 :� -0 L�4, M rD -'s �T n rD rD rD (D rD -0 — r+ 3 ml 0 -1 rD rD Ln. 51 5 o m F'C�Q rD rD :D :7 0 -, = C U 0 r+ rD rD < rD -1 r+ rD (D :3 — rD < X r+ 0 3 rD r+ :3 (D -- = LA yn Dj rD LI - Grq :3 0 --% 0 < Ln w =- DJ =- rD rD 0- rD rD o- :r -1 0 n rD n r) :q F- O-Q — nj rD rD 0 -1 r+ - rD un r+ -1 rD 0 Ul rD C- M uwn 3 rD FD' c-, rD o LA= x rD 3 Ln rD :5 rD to LA Ur) G O ' -j -0 w > • 7z- - ::t + rD 0 Q. :3 -0 r-t- . > rD -0 M rD rD o- ZT CD rD 'A --C: n Dj C) M M * F r+ r� rD U'l = 0- 0 a) -1 0 rD rD �;;* 0 LA :n r) -*, -I o- = (D r+ rD rD rD 3 1 rD — w L, I rD r+ rD aj — rD r+ C� 0 s Cl rD x 0 -n LA FD. ZT L, 0 rD ft, - rD Ln r+ (D rD M -1 :7 r) -0 3 un < CL w -,0 m r<D C) 3 5, li. Di C: r) I rD r) r+ DJ rD (D 0) rk (D 0 < 0 Grq rD rD ::T rD rn < DU rI D rD V7 0 -1 y n :5 co Ln 0 (A. rD Di nJ Q I)i CLi Lf) --I — L/I 0 n Q n r1l f- -,u rD Ln 't, -1 0 bi rD L4 o 3 :3 rD �j rD o rD rD 0 0 Ln o C) 0 o- m ro o * -i- (D rD CIO rD 0 < W n 1 0 cu 0 < rD S� rD 0 rD rD 0 n I M 4,11 rD < L'I (D rD rD rD rD o w . :3 L/I m - rD 0 :T 0 n f,j 4� Ln rD rD 0 0- rD rD rD DJ Ul - ::J — 0 rD 0 N 0 r) W VI Ln > z rD c: rD r4- 0 r) < L, CT I'D in O Ln rD S o Z3 C cu ni rD j Ln rD I co L4 DJ Di > < :0 (- Ln — (D rD -I * LA LA rD DJ to rD � Ln Qn rD rD rD -o (D CL rD cu LA :D co rD rD T-F -- 0 0 0 0 < rD L/I D rD rD rD :3 v, M o- �F :3 -1 -1 rD r, w (D n n 0 -0 rD rD r+ rD rD r+ < 3 o n 0 ro 0_ < 0 :5, rD rD m o n = _Q --i, rD --I ci Oo W LA (D rD :3 un Ln r+ rD L, 3 0- X qQ 5' rD Ln W 0 rD rD @ 0 n 0 :3 Ln ai 0 n, v Q o rD CD- < -- Ln > > -j. Ln rD Ln 3 rD rD :3 Ln 00 r-, r) U-1 5 �j rD rD aj �j 0 cu n w rD w 0 CU L,) -1 :3 1 Lq < r+ W -+, 0, 0 rD >< — -j. rc) r) rD ul 3 rD r,) rD 0 rD rD Q) -1 ) :3 w > o OQ 0 - r) �D. cu n — Ln 3 0 rD (D 77 r- 3 < cu rD rD rD D M 0 LA CU 0 aq 0 D r- ul n u C', rt- 3 •Z7- ml LLA aj -cl rwD rD lu I-,- Ln W 0 Di m (D 00 C rD cu CU 00, Q rD rD Ln (D m rD :3 -roD CD -:3 LA rZ) rD Dj 0 > rD < C) rD rD rD zs rD rD :3 -I r+ Co Ln 0 Ul) L" w C7 0 un rD Ll D �< --j, Q W rD o Di n 0 m -n O D - -1 CJ rD rD cc � .. � III ��. � � � .� � � � � .� � � � � � � �..........�� \��i�ƒ `� 2! < | � � .. � III ��. � � � .� � � � � .� � � � � � � I I AI.- AERIALS F r - A It'll o N ORTH EE 1, S;uTHf-,,LL PRESENIA-Ir ON I's OA RD v fl 4 COLOR SCHEMES IIIIII & � r (�Ifll � ( `}� PRESENTATIONBOARD I rr X � a y � m y! f L i r ■ 7; is 7 MA TER IALS z;. ..,E 5, s r. i X � a y � m y! f L i r ■ 7; is 7 r+ r' LA t_ 0 D �N sv' o - (D '' W w J., n .. N c tip ra -s � -u v D ,a n o O v (D @ ro 0 < _. (ti o 73 ;�- n n Q rD r) �- (D '� �. 0 ;3 ni Om -o �' G v, CLJ n, :D °7 rri v� � v 3 w uI � v r r, -Q d Uri co v - @ r m 5- -ml 0 � rD n • ro vrt c _. III rD act v � n, > c -r-I LA m O n m m n O Z r m n m m r- p; LA z n , r m Q4 rm ,