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HomeMy WebLinkAbout2013 11 06I — NOVEMBER 6,2013 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Monica Garcia Marlen Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Council Member - Council Member - 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 p0blico a difigirse 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o a1guna de sus Agencias, podr6 hacerlo durante e/ perlodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL. Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS 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 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 S1 REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na 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 y10 fijar asuntas para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — NOVEMBER 6, 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. CLAIM REJECTION Staff recommends City Council reject the claim of Stephanie Y Flores, Arnold Lutz, and Frank Zarate and direct staff to send the appropriate notice of rejection to claimant. 3. INTRODUCE ORDINANCE NO. 1360 AMENDING SECTION 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS Staff recommends that the City Council introduce by first reading by title only Ordinance No. 1360, "AN ORDINANCE OF CITY COUNCIL OF CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT T HE SALE OF SINGLE CIGARS (APPLICANT: CITY OF BALDWIN PARK)" 4. INTRODUCE ORDINANCE NO. 1361 ADOPTING 2013 EDITION OF CALIFORNIA BUILDING CODE (CBS), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CMC) AND 2013 GREEN BUILDING CODE Staff recommends City Council waive further reading, read by title only and introduce for first reading, Ordinance No. 1361 entitled, "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 2010 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 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; THE 2013 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE; AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 ". REPORTS OF OFFICERS 5. CONTINUED FROM OCTOBER 16, 2013. AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING SECTION 153.170.107 RELATING TO THE CREATION OF A COMPREHENSIVE SIGN PROGRAM; AND THE ADOPTION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC -174) City Council Agenda — NOVEMBER 6, 2013 Page 3 Staff recommends City Council to adopt Resolution 2013 -035 titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS. (APPLICANT: KAISER PERMANENTS; CASE NUMBER: AZC- 174)." and Staff recommends City Council introduce by first reading by title only Ordinance 1359, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS. (LOCATION: ALL COMMERCIAL, INDUSTRIAL AND MIXED USE ZONES; APPLICANT: KAISER PERMANENTS; CASE NUMBER: AZC- 174)." 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 31St day of October 2013. iY - Y 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 rcaballeroCcDbaldwin park. 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 — NOVEMBER 6, 2013 Page 4 1 BALDWIN D , d , R . V CITY OF , REPORf TO: Honorable Mayor and Members of the City Cou FROM: Craig A. Graves, Interim Finance Director Date: November 06, 2013 SUBJECT: Warrants and Demands 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 195848 — 195875. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 231590 - 231849 for the period of September 15, 2013 through September 28, 2013 inclusive; these are presented and hereby ratified, in the amount of $350,332.12. 2. General Warrants, including check numbers 197353 to197673 inclusive, in the total amount of $1,653,622.90 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. `i__ Rol 1[u _R 9' _ s1 Staff recommends City Council ratify the attached Warrants and Demands. V�l IP ll� w 141, V� w �4 w ull A td ?f w w �4 Da W t3 Qt gy Ln 3 to 0 4A "i I "", 1+ C4 0 � f" 10 t" 11 W �v �,, +:3.._-* LM H f-j t- Un -� f I z P L� t, in 00 V 0 "A 0 , a b w p v o c J, 0,0 00 0.r W tA 4 o j C, C, w w zl�ll w A, U., 171 LR 0 kA Ull 11A 'A m W r� w 0, ?3 w C, Iz 1� W ir 0 n 40 w w n to PI zzv m In I" :x u 0 w zm m 1i.'7 o 0 '10 m 3c. 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EEE g FS g I v n Ty dr3 2 ism F at Z4 is a I " A iP No- is 1-0 "a M u r jig I A H S iwa m YA V, -4 -1 a, ot4 M h RAt. 41, 011 W -4 M 'd �, a , L� 4 X, cl 1 0 �o k�o m 'a Ln qp w 4dR Pi F M w rl Q, w 1� 'A w 'A 4" -4 '.0 x d� M, m c-� �,D 0 rl t. t4 *1 C, el 1-1s -1 o X� 0 tj V Cl wl kn ' t" km u, to tft V, a, o 0 0, 4 ul ra 0 N2 f-I o C', 0 va m w w Cd fA 7,0 17 vo 0 cy X M t4 re < ti m 14 tit f-I m FROM: 1% tQ1 iTEm No, ,l X4 .� Honorable Mayor and City Council Members Shama P. Curian, Senior Human Resources Analyst November 6, 2013 Claim Rejection This report requests the City Council reject the ClairT�s for vantages 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 Stephanie Y Flores, Arnold Lutz, and Frank Zarate and direct staff to send the appropriate notice of rejection to claimant. Attachment(s) Claim filed by: • Stephanie Y Flores • Arnold Lutz • Frank Zarate t k �= CITY OF BALDWIN PARK a � BALDWIN CLAIM FOR DAMAGES 3 ' A r, � K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING e 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) 15 o- I uM 12. Describe in detail how the DAMAGE or 15. List damages incurred to date? I (1 ., - 16. Total amount of claim to date: $ Basis for Computation: _ Limited Civil Case: ❑ 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: V) ry p _ p have information:. 1 q t T k v 4 18. Witnesses to DAMAGE or INJURY: Li t all ersons and addresses of erso s known to ha Name MCI P� Address Phone ' Name -Phone 19`. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: 1 hereby certify (or declare) under penalty of perjury under the taws of the state of California that the foregoing is true and correct to the best of my knowledge. SignAt&rel Relationship to Claimant Pr nted Name Date Note: Presentation of a false claim is a felon_ y (Penal Code Section 72) CC Form 1 (Rev 7106) r": tL' SE2i1ST+ Cii�clerh44emonrsSrattor ,IPeoczSures 3 �orn:slClam for Damages Fcn:i CC1 Rev 7 ^B.v'oc �'' .r t Ai 1 l —1, C^�,3 Clerk's C"tial '_' e "- •f Filing Sump l tfs ul 15 o- I uM 12. Describe in detail how the DAMAGE or 15. List damages incurred to date? I (1 ., - 16. Total amount of claim to date: $ Basis for Computation: _ Limited Civil Case: ❑ 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: V) ry p _ p have information:. 1 q t T k v 4 18. Witnesses to DAMAGE or INJURY: Li t all ersons and addresses of erso s known to ha Name MCI P� Address Phone ' Name -Phone 19`. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: 1 hereby certify (or declare) under penalty of perjury under the taws of the state of California that the foregoing is true and correct to the best of my knowledge. SignAt&rel Relationship to Claimant Pr nted Name Date Note: Presentation of a false claim is a felon_ y (Penal Code Section 72) CC Form 1 (Rev 7106) r": tL' SE2i1ST+ Cii�clerh44emonrsSrattor ,IPeoczSures 3 �orn:slClam for Damages Fcn:i CC1 Rev 7 ^B.v'oc �'' .r t Ai 1 l —1, CLAIM FOR DAMAGES 1U TO PERSON OR PROPERTY v INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDVWN 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) SEP 26ciQ.&ic-p1 Filing Stamp 8. Name addre yo desir notices communications to be sent regarding this c ai 470;z_W n1 6^ X, / � Z?2'cl. -, A 9 When � d D - GE INJURY occur? 10. Names of any Cily employees involved in INJURY or DAMAGE-. W r I te. T Na De Time: Da partment If claim is I , / , // k A 4V1,( Cot Y f Eq ble give date claimant served with complaint: Ve- ve vp i&e 11. Where did DAMAGE or INJURY occur? 6 / � A L'IdI 12. Describe in detail how the DAMAGE or INJURY occurred. 13. Were police or paramedics called? Yes ❑ No 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes ❑ No ❑ name, address and phone number: If yes, what is the Report No? 14. Why do you claim the City of Baldwin Pack is responsible? (Please be specific - Use additional sheet necessa�.V, 5, Ae e eq C/C sd 15. List damages incurred to date?, 16. Total amount of claim to date: Basis for Computation: Limited Civil Case: ❑ 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 $25,0 1 00)) 17. Total amount of prospective damages: Basis for Computation: ,:p5 s- A Cep -1 kCV5 leY_ Qez te-Z q Cl C? 18. 'Witnesses DAMAGE or INJURY List 11 ersons and addresses of persons known to have information: A INJURY: 5VX Phone 6;E6-3- Name )0r,(41 e 5 4/11/&r - 0 -,/ M_-'X 16m, Name C &(" C Phone - 7 -7/ 19. Signature of Claimant or person filing on claimant's behalf, relationship to claimant and date: I hereby certify (or declafe)tjndefpena& " under the laws of the stale of California that the foregoing is true and correct to the best of my knowledge. T Of PeTlry, Relationship to Claimant NOte: vresentaxion oy a Taise ciairn is a veiony trenai uvuti ot:uLius v i e-) uu rumi i �muv ... .J1'­ S: vl �­ 1­,.,, CC, -_,v 7 Ili 1. Claimant is the owner of assessor's parcel number 8535-012-088, TR=53994, Lot 11, zoned BPI-R1, General Industrial. 2. Defendant Baldwin Park (hereafter "'City") is a munici'pal corporation organized and existing by virtue r - o 'the laws of the State of California. T 3. The plat map of claimant's property was approved by the Board of Supervisors of Los Angeles County No proof was put forward by Harbin as to this b. This assertion by Harbin reflects an arbitrary an't 7 0.01's CITY OF BALDWIN PA BALDWIN CLAIM FOR DAMAGES 4. Claimant's Date of Birth (if a minor) 1 K TO PERSON OR PROPERTY 1. Name of Claimant 5. Claimant's Occupation INSTRUCTIONS I C=;� > 1. READ CLAIM THOROUGHLY.. Clerk' Miclq& �v 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. '­ Filing Itam frt W pl;T�l 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 co 'Ir !Lj 0,- WARNING .1v zn • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED 11. Where djd.DAMAG.E or INJURY occur? jn 2! NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) AJ & 14. If physician rm a�vlslted due to injury, include date of first visit and physician's 13. Were police or paramedics called? Yes El No N-� name, address and phone number: • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE If yes, what is the Report No? r5 rri ;U OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) 6-t) Af2 15: List, damages incurred to date?, 61 To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1 1. Name of Claimant 5. Claimant's Occupation 2. Home Address of Claimant ne Telephone 6. o e Telephone 0 : c Number 3. Business Address of Claimant 7 Business T61ephone umber An-1 8. Name and address to which you desire no Ices or communications to be sent regarding this claim: ";" O�"- "j" 9. When did nAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: Date: g Time: 15" /104 Name Department If claim is f6r Equitable Indemnity, give date claim brit .1v served with complaint: 11. Where djd.DAMAG.E or INJURY occur? 4C 12. Describe in detail how the 'DAMAGE or N`JURY oncuffied.— 1z) AJ & 14. If physician rm a�vlslted due to injury, include date of first visit and physician's 13. Were police or paramedics called? Yes El No N-� name, address and phone number: If yes, was a report filed?. Yes 171 No F1 5ep If yes, what is the Report No? r5 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additidhal sheet if necess4ry) 6-t) Af2 15: List, damages incurred to date?, 61 16, Total amount of claim to date: $ Basis for Computation: Limited Civil Case: ❑ 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: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: 23) -4 Name Address .1, 7 V& Phone a l Name i Address Phone 4 6 12 1Z 0 of ZQ 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: /hereby certify (or declare) under penalty of peyury under the lawsofthe state of California that the foregoing is true and correct to the best of my knowledge. kZ-f Ing Si Mature R61-ationship to Printed Name Date W.1,W-Z1F1 M:va MrATIAVAII WZT-Ayl.] IM410 WR*144111 CITY COUNCIL AGENDA NOV 0 6 -_ 001 S ITEM NO. _SP I A F'A' K' K, TO: Honorable Mayor and Members of the City Council 1111111111 11 111 1111111iff! ��Iipi plill pill 11��1111 11 111 DATE' November 60, 2013 SUBJECT- Introduce Ordinance No.1360 Amending Section 125.010 and 125.020 of the Baldwin Park Municipal Code to Prohibit the Sale of Single Cigars 7:1FF.9F_-1eM4a This report requests the City Council consider introducing Ordinance No. 1360, amending Sections 125.010 and 125.020 of the Baldwin Park Municipal Code to prohibit the sale of single cigars.' In the past several years, the City Council expressed interest in adopting measures to continue to improve the quality of life for the residents of Baldwin Park. The City has made efforts to promote health in the built environment and to make becoming a healthier community an integral part of how the City does business. On October 1st, 2008, the City Council adopted Ordinance 1321, adding Chapter 125 to the Baldwin Park Municipal Code requiring a tobacco retail license. The local tobacco retail licensing ordinance reduces youth access to tobacco products and limits the negative public health effects associated with tobacco use. However, other tobacco products have entered the market, including single cigars often sold in attractive colorful packaging with original names, such as Swisher Sweets, Bahamas Mamas, or Phillies Blunt. Those little cigars are available in various flavors (white grape, cotton candy, pineapple, wild cherry) and are appealing to price-sensitive youth. Currently, the Federal Drug Administration (FDA) permits the sale of single cheap cigars, which can be priced as low as $0.39-$1.00 each (see Attachment 1). According to a survey of tobacco retail stores in Baldwin Park conducted by the Los Angeles County Department of Health Services, 78% of stores sold single cigars, with price ranging from $0.49 to $2.00 per cigars; 40% of stores placed the cigars within 3 1 For purposes of this report and the Ordinance, cigars includes any roll of tobacco wrapped entirely or in part in tobacco or substance containing tobacco, including products such as cigarillos, tiparillos, little cigars, blunts or blunt wraps. November 6, 2013 Ordinance No. 1360 Page 2 of 10 feet of candy displays-, in addition, 46% of stores placed little cigars near the candy displays; and 57% of stores sold tobacco leaf cigar wraps (see Attachment 2). Again, according to the Los Angeles County Department of Public Health, research shows youth are frequently exposed to tobacco ads at retail stores, which may increase their smoking initiation rate. Some little cigars are sold individually and, thus, do not carry the Surgeon General's warning which appears on the pack. As a result, consumers may not be exposed to health messages about tobacco's harms, further exacerbating misconceptions there are few, if any, associated health consequences from cigar smoking. 1. Current Legislation In June 2009, the President signed into law the Family Smoking Prevention and Tobacco Control Act (the "Act"). The Act recognizes virtually all new users of tobacco product are under 18, the minimum legal age to purchase those products, and it gives the Food and Drug Administration the power to regulate the tobacco industry. The law imposes restrictions on cigarettes and smokeless tobacco retail sales. Major aspects of the Act are: • Requires face-to-face sale with proof of age to purchase tobacco products • Bans the sale of packages of fewer than 20 cigarettes • Bans flavor cigarettes • Prohibits "reduced harm" claims ("Light," "Low" or "Mild") • Requires substantial warning labels • Bans tobacco product sponsorship and free samples 711101:11111111 11 11117111110M= In recent years, tobacco companies have manipulated their products to avoid regulation and taxation. Federal and State laws distinguish between cigarettes and cigars based on the composition of the wrapper and the weight of the product, while the distinction between small and large cigars is determined by weight. To circumvent the FDA's ban on the sale of fewer than 20 and fruit- and candy- flavored cigarettes that appeal to kids, some cigarettes makers have added tobacco to the wrapper and weight to their products so they meet the definition of small or large cigars. As a result, they avoid the ban on flavorings and 20- minimum packaging. Those manipulated cigarettes have also escaped other FDA regulations, including a ban on deceptive terms like "Light" and "Low-Tar" and a requirement cigarettes be kept behind the counter and out of reach of kids. In addition, they are also taxed at a lower rate. DMM In the last decade, cigarettes consumption rates have declined while little cigar sales rates have increased dramatically. The recent increase in sale of little cigars is frequently attributed to increase in taxes on cigarettes, and historically much lower taxes on cigars. November 6, 2013 Ordinance No. 1360 Page 3 of 10 Nationwide, monthly sales of large cigars increased from 411 million in January 2009, prior to passage of the Act, to over 1 billion in September 20112. 4. The Tobacco Industry Perspective In preparing this report, staff has (i) met with representatives from a local cigarillo manufacturer and the Cigar Association of America (see attachment 3), (ii) scheduled a meeting with the National Association of Tobacco Outlet, however the latter did not attend the meeting, (iii) received written comments from retailers and (iv) gathered verbal comments from businesses, that were presented in opposition to this proposed Ordinance during the City Council public hearing on October 2, 2013. KAninr concerns from the tobacco inrli mtrx/ nra ci immnri7lZri 111MIrmAl' • The tobacco industry believes this proposed ordinance is not necessary because he FDA is currently working on new regulations to capture small and large cigars. That new legislation would be easier for the industry to comply with rather than attempting to comply with a series of different regulations, creating specific packaging and other constraint specific to only one city and differing from one city to another. The tobacco industry is, however, not opposed to a product placement ordinance to regulate where the cigars could be located within the store display and offers to work with staff toward developing such regulation. Staff response: The FDA does not have a set schedule to complete the new regulation. The FDA has also not yet published any draft documenting the scope of the proposed regulations or whether it will address the City's concerns. The City may propose a product placement ordinance at a later date. Also, if the FDA adopts such regulations, then the City Council can reconsider whether regulations must still be imposed by the City or the FDA regulations preempt the City's rules. • The tobacco industry rejects the argument that warning labels are not present on cigar products because they are printed on the display container. Staff response: Warning labels, when printed, are printed on the display containers or, in some cases, on the side wrapper of single cigars. However, they do not meet the size requirement imposed on cigarette packages and are often either illegible due to the small print or not visible due to the placement on the display boxes. • The tobacco industry claims the proposed ordinance will unfairly impact adult cigar consumers. Staff response: The ordinance does not prohibit adults of legal age to purchase single cigars if purchased at a retailer whose business is primarily cigar sales. The ordinance also exempts cigar retailers from the packaging requirement. The ordinance regulates only the packaging of less than 5 cigars that are sold at such places as 2 United State Government Accountability Office. GAO-12-475 November 6, 2013 Ordinance No. 1360 Page 4 of 10 convenience and grocery stores. • The tobacco industry claims cigars are already regulated by the State and federal regulations. Staff response: Cigarillos are covered by State and federal regulations as "cigars" which does not provide the same protection as the regulation for the sale of cigarettes. While proof of age is required, those products can be sold in individual packaging, are exempt from the flavoring ban and do not have to be located behind the counter. • TI tobacco industry states the or divan will cause substantial loss of sales tax I I 1� Lw� �� Indus L Ll I %J1 U11 MAI VVIII %�CAUQ%- substantial I LCA^. Staff response: The tobacco industry failed to provide any financial data supporting the argument the City would lose a substantial amount of sales tax as a result of the proposed ordinance. Even if it is presumed that there is a loss, staff estimates that the loss would only be a maximum of about $1,062 - $4,307 per vear 3 . That impact will be negligible and may be offset by the sales tax collected on cigars sold in packaging of 5. Other comments received either written or verbally include: • 'The businesses will lose foot traffic associated with the sale of cigarillos and single cigars and miss on incidental sales. Staff response: The businesses failed to provide any financial data supporting the argument the sale of cigarillos generates any or how much incidental sales. The ordinance does not prohibit the sale of cigars to customers of legal age, as long as they are sold with a minimum of 5 in a package. The current packaging targets under age customers with a price point of $0.50 - $2.00 that is unlikely to generate additional substantial incidental sales. • The 7-Eleven convenience stores do not display tobacco products next to candies and have strict cash register policy to prevent the sale of tobacco product to under age customers. Staff response: While it is true the 7-Eleven stores do not associate tobacco products with candy displays and they have very strict policy and a computerized cash register system to prevent the sale of tobacco product to under age customer, not all other retailers have similar policy or system. Therefore, the 7-Eleven businesses may be less affected by this ordinance than less restrictive businesses for which this ordinance is necessary. 3 Based on: 1) If all 59 tobacco retailers in Baldwin Park sell 1 cigar per hour, for 10 hours/day, 365 day/year; 2) Cigar cost is $0.49 - $2.00 and 1 % sale tax revenue to the City or $0.0049 -$0.02 per cigar November 6, 2013 Ordinance No. 1360 Page 5 of 10 Ordinance No. 1360: The proposed ordinance would prohibit retailers, except those whose business is primarily the sale of tobacco products, from selling any single cigars, whether or not packaged for individual sale, if sold in any number fewer than the number contained in the original packaging and that packaging must contain five or more cigars. FISCAL IMPACT: There is no adverse impact to the General Fund other than routine Code Enforcement time to enforce the ordinance. Staff recommends that the City Council introduce by first reading by title only Ordinance No. 1360, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS (APPLICANT: CITY OF BALDWIN PARK)" ras full - I m 1:4 " k S 1) Sample of cigarillos products 2) Survey Report — City of Baldwin Park 3) Cigar Association of America — Letter dated 1012/2013 4) Ordinance No. 1360 1 -� � �' 1 i .2) C: yy U) 0 L) O O _Sr 0 E (j) U) Lo a) m L) LM) .C: U) cb 0 U) 2) > L) O C: 0 x .2 O 70 O 0 O 0 0 m E -0 2 C: a) .> Z3 ;B cu _0 0 a) '(D D m U Lo E C) cu 70 C: 2 a T U C6 0 (D L) U) a) 'E m a) a) •u) C'. 0 '0 SO �a- m E 0) C: 0 Z5 0 0 a) OU) U) E 0- 0 E) CU 0 cz 0) C) 0 0.- 0 U C6 .0 0 M 0 0 a) tf 0 -C 0 M ar M 0 L) (D -0 C)) C: 0 OM C: co 0 0 L) M 4 CB t 0 SX a) �o 0 o a) — - C) 0 C� U) a) a) -0 C: .0 0) (D < 0 a) 5 > 0 >1 0- c -j a) > 0 0 0 E (n L) U) 70 a) m co cu a. C. 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To: Honorable Mayor and Members of the Baldwin Park City Council From: Craig R 'Williamson, Cigar Association of America, Inc. Date. (-.)cto ber 2. 2'013 H H MAW Dear Mayor Lozano and Baldwin Park City Council Members: 'rhe Cigar Association of America, Inc. joins with its members, tobacco wholesalers, tobacco retailers and their customers in opposing any packaging restrictions on. the sale of cigars in the Citv of Baldwin Park for the following reasons: a Cigars are a regulated adult product, the sales of which are regulated by state statute. `rhe proposed legislation will unfairly impact adult cigar consumers. o Adult cigar consumers enjoy cigars in a variety of shapes and sizes, offered to them in a variety of packages, based on established preferences. o Many adult cigar consumers' do not smoke cigars every day, and y purchase cigars in limited quantities to ensure the get the freshest , 2n product. In addition, budget conscious cigar smokers should not be forced to buv more cigars than thev choose to at their local retail establishment. Mayor Lozano October 2. 2013 Page _1 The united States Food and Drug Administration ("FDA"' has announced its intention. to regulate cigars and is addressing such issues as "minimum pack size for cigars". Passing further packaging restrictions is premature in light of the upcomino Federal action. t� zl� 0 No state in the country has adopted a statewide policy on the packaging of cigars. 0 The proposed legislation will have a financial impact on in-state business and City of Baldwin Park tobacco tax revenue. a A minimum pack size restriction will result in lost sales for businesses throughout the city, as well as a loss of tax revenue as adult consumers will purchase products elsewhere resulting in lost sales and tax revenues. the Ciaar Association of America respectfully requests that the proposed ordinance be rejected. Respectfully submitted. AI, son Cigar Association of America, Inc. 1 a • `' � • [01-:1 DI I ki F-11 ki Is] 21 ki Lem 0 QMQUiNg • • A ANNI&AINOM. M_ • e �1 A A OTT I A 0 WHEREAS, State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California courts in such cases as Cohen v Board of Supenlisors, 40 Cal. 3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4t� 383 (1993), have affirmed the power of the City of Baldwin Park to regulate business activity in order to discourage violations of law; and WHEREAS, despite the State's efforts to limit youth access to tobacco, minors L) -o access smoking products; and are still a'-let KI U WHEREAS, research demonstrates local tobacco retail ordinances dramatically reduce youth access to smoking products; and WHEREAS, the City Council has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use, in discouraging the illegal purchase of tobacco products by minors, in promoting compliance with laws prohibiting sales of tobacco products to minors and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City of Baldwin Park and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the penalties provided therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 125.010 of the Baldwin Park Municipal Code (BPMC) is hereby amended by adding the following definitions, in the correct alphabetical order, to read: "Cigar" means any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco, and includes all of the component parts of the Cigar Ordinance 1360 - Page 2 (including but not limited to tobacco, filters, or wrapping). For the purposes of this chapter, "Cigar" includes, but is not limited to, tobacco products labeled "cigar," "cigarillo," "tiparillo," "little cigar," "blunt," or "blunt wrap." "Significant Tobacco Retailer" means any Tobacco Retailer for which the principal or core business is selling Tobacco Products, Tobacco Paraphernalia, or both, as evidenced by any of the following: (i) twenty percent (20 %) or more floor or display area is devoted to Tobacco Products, Tobacco Paraphernalia, or both, (ii) sixty -seven percent (67 %) or more of the gross sales are derived from Tobacco Products, Tobacco Paraphernalia, or both, or (iii) fifty percent (50 %) or more of completed sales transactions include Tobacco Products or Tobacco Paraphernalia. SECTION 2. Section 125.020 of the EPMC is amended by adding a new subsection (H) to read as follows: (1) Notwithstanding any other provision of this chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration: (a) Any single cigar, whether or not packaged for individual sale, (b) Any number of cigars fewer than the number contained in the manufacturer's original consumer packaging designed for retail sale to a consumer or (c) Any package of cigars containing fewer than five cigars. (2) This subsection (H) does not apply to the sale or offer for sale of a single cigar or multiple individual cigars by a significant tobacco retailer. SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. ATTEST: ALEJANDRA AVILA, CITY CLERK Ordinance 1360 - Page 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on 1 2013. Thereafter, said Ordinance No. 1360 was duly approved and adopted at a regular meeting of the City Council on by the following vote: IT L Us] I a M 11: a MA 1 0.19 1 NOES: COUNCILMEMBER: F.111 0-1-3 4 ill I 111111[il Kell] 114 ALEJANDRA AVILA, CITY CLERK P - A - R - K NOV b 6 CITY OF BALDWIN PA�KM '0'— 44 ---STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Ma Gene Logan, Building Official. DATE: November 6, 2013 • = • • INTRODUCE ORDINANCE NO. 1361 ADOPTING 2013 EDITION OF CALIFORNIA BUILDING CODE (CBC), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CIVIC) AND, 2013 GREEN BUILDING • This report requests the City Council introduce Ordinance No. 1361, which adopts the 2013 California Building Code, 2013 California Electrical Code, 2013 California plumbing Code, 2013 California Mechanical code, with local amendments, and 2013 California Green Building Code and set a public hearing for November 6, 2013, for adoption of Ordinance No. 1361. The California Building Code ( "CBC ") is published in its entirety every three years by order of the California Legislature. It includes the building code, plumbing code, electrical code, mechanical code, residential code, green building code, energy code, elevator safety code, the historical building code, the existing building code and the referenced standards code. Local jurisdictions are required to enforce the CBC. The 2013 CBC is based on 2012 International Building Code (IBC) with State amendments and it is effective January 2014. DISCUSSION The 2013 CBC, which is the state amended 2012 IBC, provides the latest building standards used Statewide. Each California City is required to adopt the 2013 CBC to become effective on January 1, 2014. The 2013 CBC adoption includes local amendments particular to the City of Baldwin Park which will also have an effective date to coincide with CBC 2013. Building Code Amendment November 6, 2013 Page 2 The general intent of the new building code is to implement the knowledge and techniques learned from recent experiences and the use of modern technology in order to provide higher standards in building safer buildings. Items in the proposed 2013 Building Code adoption are classified in two categories as follows: • California Green Building Code: 2013 California Green Building Code is the continuation of 2008 California Green Building which first became effective in August of 2009 on voluntary basis and it became effective for new buildings in January 2011. 2013 Edition of California Green Building code imposes more stringent requirements and extends the Green Building requirement to additions and alteration projects as well. Beginning January y 1, 201114 all building permit applications must comply with the mandatory requirements of California Green Building Code for new construction, additions and alterations. The mandatory requirements of Green Building Code is in response to AB 32 to reduce Greenhouse gases to level of 1990 and to improve public health, safety and general welfare by enhancing the design and construction of building through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories. 1- Planning and design: the provision of this division outlines planning, design and development methods that include environmentally responsible site selection, building design, building sitting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties. 2- Energy efficiency: at least a 15 percent reduction in energy when compared to the State's mandatory energy efficiency standards. 3- Water efficiency and conservation: at least a 20 percent reduction in water usage based on the plumbing fixture and fixture fittings that will reduce the overall use of potable water within the building when compared to maximum allowable water use per plumbing fixture as required by the California Building Standard Code. 4- Material conservation and resource efficiency: at least 50 percent recycle and /or reuse of nonhazardous construction and demolition debris. 5- Environmental quality: outlines means to reduce the quantity of air contaminants that are odorous, irritating and /or harmful to the comfort and well -being of a building's installers, occupants and neighbors. • City of Baldwin Park local amendment: The following local amendments are part of the adoption of 2013 CBC and 2013 California Green Building Code: Building Code Amendment November 6, 2013 Page 3 1- The provisions of Division A4.6 Tier 1 of Green Building Code for Residential will be mandatory provisions in Baldwin Park that will improve public health, safety and general welfare. 2- Every new single family home will be require to install a prewired 40 AMP circuit dedicated for future electric car charging device. 3- Every multifamily dwelling apartment building will be required to install a sufficient number of Level III charging stations for eclectic cars. The number of charging stations shall be 5 percent of total required parking spaces but not less than one The charging stations shall be designated for charging only. 4- The provisions of Divisions A5.6 Tier 1 for non - residential of Green Building Code will be mandatory provisions in Baldwin Park that will improve public health, safety and general welfare. 5- Every new non - residential project shall install a sufficient number level III electric car charging stations as determine during plan approval stage. The number of charging station shall be equal 5 percent of required parking spaces but not less than one. Charging stations shall be designated for charging only. 14x*110C MkIriI The City Attorney has reviewed the attached ordinance. FISCAL IMPACT There is no impact to the General Fund. Staff recommends City Council waive further reading, read by title only and introduce for first reading, Ordinance No. 1361 entitled, "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 2010 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; AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 ". Building Code Amendment November 6, 2013 Page 4 ATTACHMENT 0 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 201 3 ED! T ION 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 earthquakes, including but not limited to the recent 1994 Northridge 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 at 12:01 a.m. on the thirty-first (31 st) 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 Effiffulm Ordinance No. 1361 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1361 was introduced at a regular meeting of the City Council held on 2013, and was adopted by the City Council at its regular meeting held on 201113), by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: UNDN"k ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK Exhibit A to Ordinance No. 1361 Page 1 of 55 CHAPTER 150. BUILDING CODES 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." plii niX r it l 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. § 150.003 SCOPE. 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. 1611MIM 0 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. it 1r 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. § 150.006 ADMINISTRATION. 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. § 150.008 DEPUTIES. 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. § 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL. 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. C. RIGHT OF ENTRY. 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 this 1 the 'technical o ch is 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 noti y tiie 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. L. ALTERNATE MATERIALS DESIGN AND METHODS OF CONSTRUCTION. 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. Building 1 �L_._ 'J__f it 1_I'__ �. The Bui�d�ng O icial �r.ay approve any aft mate, provided the tj ilding Official 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, 4- t, Building Official may require tests as evidence of compliance to be made at the 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. I I ' ,. 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. § 150.011 BOARD OF APPEALS. 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. _la ZF_1a 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. 2. An application for appeal shall 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. § 150.012 PARTIAL INVALIDITY. 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 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. Fire Code "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. Part 3. Organization and Enforcement Exhibit A to Ordinance No. 1361 Page 11 of 55 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. Q iau.u31 ABATEMENT PROCEDURES. 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. 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. 150.033 NOTICE OF NON - COMPLIANCE. 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. 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. 150.035 ACTIONS, VIOLATIONS AND PENALTIES. 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 1 1, , = , • 1,14 • =9 =RI . .. • • • BUILDINGS AND BUILDING SERVICE EQUIPMENT. 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 AREA. A. A building altered pursuant to a repair or alteration permit, which involves a change in use or occu pancy, 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. 11IM1111111041111 ME I • 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. 1 1 ' 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. 1 • 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. �; I c I I III • - 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. A' I 1 Ell • M 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. 150.060 PERMITS REQUIRED. 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 1.7 of 55 AMMII-10411 - • 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. 3. Oil derricks. 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, II or III -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. 15. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. B. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items. § 150.063 PLUMBING PERMIT EXEMPTIONS. . 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. § 150.064 MECHANICAL PERMIT EXEMPTIONS. 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. §150.065 ELECTRICAL PERMIT EXEMPTIONS. 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. 1361 Page 20 of 55 13. Low - energy power, control and signal circuits of Class II 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. Part 6. Application Requirements A. To 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 signed sealed with expiration date on the stamp inserted by the engineer. 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. 0 KI Y&M I Lq I ; Lei a LVA - • 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. § 150.073 ARCHITECT OR ENGINEER OF RECORD. 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 z MM r - 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. vubmittal 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. O - • • • •- 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 application filed prior to the effective date of this Chapter, shall expire if no permit is Exhibit A to Ordinance No. 1361 Page 23 of 55 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 milli .: 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. 1361 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. 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 statCr r rcr nS, have been filed complying with au 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. § 150.084 VALIDITY OF PERMIT. 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 WAMMAIII • 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 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. § 150.086 PERMIT TIME EXTENSIONS. 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. L'VIl;-J1X1 - • - • • 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. MIMP111 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. 1 1 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 L,V i *q 6roya Iil, im t ii 0011 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 be less than 50% of the permit fee 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. 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. 150.104 FEE EXCEPTIONS. 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 W-1 '' • • 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. 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. § 150.112 INSPECTION REQUESTS. 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. § 150.114 PRELIMINARY INSPECTION. 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. D. Framing inspection. To be made after the roof, framing, fire blocking and bracing are in place and all papas, 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. r 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. §150.118 REINSPECTIONS. 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. L'-J mill 1 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. t - - lue 910 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. 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 11111 •. • IVA 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 Z , i Changes in the character or use of a building shall not be made except as specified in the Building Code. 1 o * ] m 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. The building permit number. 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. 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••- • 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, The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. § 150.135 REVOCATION. 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. Part 11. Adoption and Amendment of the 2013 California Building Code 1 9191:99161 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: Secti ®n 304.1 ®iurNose. Voluntary tires are intended to fUrt ier ei Cuourage 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 4 4.602 !tESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST (continued} 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 85 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 PLANNING AND DESIGN Mandatory Tier I Tier 2 El All All j All 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. ❑ ❑ ❑ ❑ ❑ 2. A greyfield site is selected 171 ❑ ❑ ❑ ❑ 3. An ERA-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 of at least 7 basic services; ❑ ❑ ❑ ❑ ❑ 3. Other methods increasing access to additional ❑ ❑ ❑ ❑ ❑ --M—S=Urces- 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 least 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 6. Appliances 7. Foundations or portions of foundations Site Development 4.106.2 A plan is developed and iulplCruerfted to manage storm water drainage during construction. 4.106.3 Construction plans shall indicate how site grading or a drainage system will manage all surface water flows FX-i to keep water from entering buildings. A4.106.1 Reserved. ❑ ❑ ❑ ❑ ❑ A4.106.2.1 Soil analysis is performed by a licensed design professional and the findings utilized in the structural ❑ ❑ ❑ ❑ ❑ design of the building. (continued} 2013 CALIFORNIA 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 Installer or Third FEATURE OR MEASURE Agency Designer party 1:1 ❑ ❑ Mandatory Tier I Tler 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. 1 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. -E,12 A4.106.2.3 Topsoil shall be protected or saved for reuse ❑ ❑ ❑ as specified in this section. Tier 1. Displaced topsoil -shall be stockpiled for EV reuse in a designated area and covered or protected from erosion. Tier 2. The construction area shall be identified and 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 ❑ ❑ ❑ to be consistent with native vegetation species and patterns. 2. Limit turf areas to the greatest extent possible, a. Not more (ban 50 percent for Tier 1. ❑ ❑ ❑ ❑ 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, O2 walking or patio surfaces shall be permeable. Tier 2. Not less than 30 percent of the total parking, E]2 ❑ ❑ ❑ walking or patio surfaces shall be permeable. A4.106.5 Roofing materials shall have a minimum 3-year aged solar reflectance and thermal ernittance 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 I roof covering shall meet or exceed the values contained in Table A4.106.5.1(1). [K2 Tier 2 roof covering shall meet or exceed the values contained in Table A4.106.5.1(2). fx12 High-rise Residential, Hotels and Motels Tier I roof covering shall meet or exceed the values contained in Table A4.106.5.1(3). IK2 Tier 2 roof covering shall meet or exceed the values contained in Table A4.106.5.1(4). IKI 2 (continued) 86 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE SECTION A4.602 12ESIDEUT1.01- OCCUPANCIES APPLICATION CHECKLIST—continuer--t (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 87 VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electivest Enforcing Installer or Third FEATURE OR MEASURE Agency Designer party El 0 ❑ Mandatory Tier I Tier 2 All All All A4.106.6 Install a vegetated roof for at least 50 percent of the ❑ ❑ 0 roof area. Vegetated roof- shall comply with requirements for roof gardens and landscaped roofs in the California Building Code, Chapter., 15 and 16 A4.106.7 Reduce nouroof heat islands for 50 percent of sidewalks, patios, driveways or other paved areas by using one ❑ ❑ ❑ U ❑ or more of the methods listed. A4.106.8 Provide capability for the installation of electrical ❑ ❑ 13 ❑ E_j vehicle supply equipment in single-family and multifamily structures. A4.106.9 Provide bicycle parking facilities as noted 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 to, isolation from other development. L 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. 3. Provide long-term bicycle parking for hotel and motel ri buildings, per Section A.4.106.9.3. 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 -11; and 3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or Comply with a lawfully enacted local ordinance, whichever is ❑ 1 more stringent. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 87 I SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued 86 (continued) LEVELS VERIFICATIONS APPLICANT TO SELECT ELECTIVE ENFORCING AGENCY TO SPECIFY MEASURES VERIFICATION METHOD Prerequisites and electivesi Enforcing Installer or Third FEATURE OR MEASURE Agency Designer party 0 11 11 Mandatory Tier I 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 ❑ ❑ i ❑ ❑ ❑ Energy Efficiency General 4.201.1 Building meets or exceeds the requirements of the California Building Energy Efficiency Standards 3. El -T El 2 ❑ ❑ ❑ Perborniance 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 ill E32 ❑ ❑ ❑ documentation. A4.203.1.1.2 Q11 procedures specified in the Building Energy Efficiency Standards Reference Residential Appendix RA3.5 are 2 ❑ ❑ ❑ completed. A4.203.1.13 All Permanently installed lighting is high efficiency NI2 ❑ 11 ❑ 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 ❑ ❑ ❑ 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 [E2 ❑ ❑ Building_ I Performance Approach for Additions and Alterations A4.204.1.1.1 All newly installed, permanently installed lighting El 2 is high efficacy and has required controls. [K2 0 ❑ ❑ 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 02 17-1 ❑ 171 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 f-X12 ❑ ❑ ❑ added or modified, the Energy Budget is no greater than 85 percent of the Title 24, Part 6, Energy Budget for the Proposed I Design Building. I 86 (continued) 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 FEATURE OR MEASURE Agency Designer party ❑ ❑ ❑ Mandatory Tierl Tier Afl All All WATER EMCIENCY AND CONSERVATION —.-- Indoor Water Use umN gfixtures' ater closets and urinals) and H1 tw fittings (faucets and showeTheads) installed in residential Sm L_j I buildings shall comply with the prescriptive requirements of Sections 4- 303.1.1 through 4.303.1.4.4. 4.303.2 Plumbing fixtures and fittings required in Section ❑ El 0 4.303,1 shall be installed in accordance with the California Plumbing Code, and shall meet the applicable referenced standards. A4.303.1 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 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, i A4.303.3 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. El 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. Outdoor Water Use 4.304.1 Automatic irrigation systems controllers installed at the time of final inspection shall be weather or soil El moisture-based, A4.304.1 Install a low-water consumption irrigation system which minimizes the use of spray type heads. _T 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. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 89 SECTION A4.602 P-4 W -,d;, (continued) 90 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD FEATURE OR MEASURE Prerequisites and electives' - Enforcing i Installer or Third Agency Designer party El 11 1:1 Mandatory Tier I Tier 2— All All All A4.304.4 Provide water efficient landscape irrigation design that reduces the use of potable water. Tier 1. Does not exceed 65 percent of ETo times the i 02 landscape area. Tier 2. Does not exceed 60 percent ofETo times the I 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 ❑ ❑ ❑ ❑ 171 provided with separate submeterg or metering devices for outdoor potable water use. 0WATER RE" Su SYST EMS A4.305.1 Piping is installed to permit future use of a graywater irrigation system served by the clothes ❑ ❑ ❑ ❑ ❑ washer or other fixtures, A4-305.2 Recycled water piping is installed. ❑ C ❑ 0 ❑ ❑ A4.305.3 Recycled water is used for landscape 0 ❑ ❑ 0 irrigation. - --- i Innovative Concepts and Local Environmental Conditions A4.306.1 Items in this section are necessary to address innovative Concepts Or local environmental conditions. Item 1 ❑ ❑ Item 2 ❑ ❑ ❑ ❑ ❑ ❑ Item 3 ❑ ❑ ❑ ❑ ❑ ❑ 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 I ❑ ❑ ❑ reduced. Tier L Not legs than a 20 percent reduction in Fx-12 cement use. Tier 2, Not less than a 25 percent reduction in 02 cement use, Efficient Framing Techniques A4.404.1 Beams and headers and trimmers are the ❑ ❑ ❑ ❑ ❑ minimum size to adequately support the load. A4.404.2 Building dimensions and layouts are designed ❑ ❑ ❑ ❑ ❑ to minimize waste. A4.404.3 Use premanufactured building systems to ❑ ❑ ❑ ❑ ❑ eliminate solid sawn lumber whenever possible. A4.404.4 Material lists are included in the plans which I specify material quantity and provide direction for ❑ ❑ ❑ i ❑ ❑ on-site cuts. (continued) 90 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE RESIDENTIAL VOLUNTARY MEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 91 VERIFICATIONS LEVELS ENFORCING AGENCY TO SPECIFY FEATURE OR MEASURE APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Mandatory Prerequisites and electives' Enforcing Agency ❑ All Installer or Designer ❑ All Third party ❑ All Tier 1 Tier 2 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 tnm not reclu-nng panto., stw.. 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 ❑ ❑ ❑ ❑ 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 10-percent recycled content nX 2 value. Tier 2. Not less than a 15- percent recycled content value. A4.405.4 Renewable source building products are used. ❑ ❑ ❑ [3 ❑ Enhanced Durabiliq, and Reduced Maintenance 4.406.1 Annular spaces around pipes, electric cables, El conduits or other openings in plate-, 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 Management A4,407.1 Install foundation and landscape drains- ❑ rl 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 ❑ ❑ ❑ ❑ ❑ instructions. i -manufacturer's 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 wall to roof ❑ ❑ ❑ ❑ ❑ intersections-, A4.407.6 Exteri6r door-, to the dwelling are protected to prevent water intrusion. i ❑ ❑ ❑ ❑ ❑ A4.407.7 A permanent overhang or awning at least 2 feet in depth is provided, ❑ ❑ ❑ ❑ ❑ (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 91 a RESIDENTIAL VOLUNTARY MEASURES 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 i Construction Waste Reduction, Disposal and Recycling- 4.408.1 Recycle and/or salvage for reuse a minimum of 50 FXl ❑ ❑ ❑ 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 i 3. A waste management company, per Section 4.408.3; or 4.The waste stream reduction alternative, per Section 4.408.4. A4.405.1 Construction waste generated at the site is diverted to recycle or salvage in compliance with one of the following: 1. Tier 1 at least a 65 percent reduction, ❑ ❑ ❑ 2. Ter 2 at least a 75 percent reduction, 02 ❑ ❑ ❑ 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 be Ell [3 El provided to the building occupant or owner. Innovative Concepts and Local Environmental Conditions A4.411.1 Items in this section are necessary to address innovative concepts or local environmental conditions. Item 1 ❑ ❑ ❑ ❑ ❑ ❑ Item 2 ❑ ❑ ❑ ❑ ❑ ❑ Item 3 ❑ ❑ ❑ ❑ ❑ ❑ ENVIRONMENTAL QUALITY Fireplaces 4.503.1 Any installed gas fireplace shall be a direct -vent sealed - combustion type. Any installed woodstove or pellet stove shall comply with US EPA Phase If emission limits ❑O ❑ ❑ ❑ where applicable. Woodstoves, pellet stoves and fireplaces shall also comply with applicable local ordinances. Pollutant Control 4.504.1 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. 4.504.21 Paints, stains and other coatings shall be 0 1 ❑ ❑ ❑ compliant with VOC limits. 4.504.2.3 Aerosol paints and coatings shall be compliant with product weighted MIR limits for ROC and other toxic El ❑ ❑ ❑ ?compounds. € 4.504.2.4 Documentation shall be provided to verify that X 13 compliant VOC limit finish materials have been used. (continued) 92 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE �*M , iffl 011MEWLSIM SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 93 VERIFICATIONS i LEVELS ENFORCING AGENCY TO SPECIFY APPLICANT TO SELECT ELECTIVE MEASURES VERIFICATION METHOD Prerequisites and electives' Enforcing Installer or Third FEATURE OR MEASURE j Agency Designer party Mandatory Tier 1 Tier ❑ All ❑ Ail ❑ All 4.504.3 Carpet and carpet systems shall be compliant VOC ❑ ❑ with 4504.4 80 percent of floor area receiving resilient flooring shall comply with the VOC-emission limits defined in the Collaborative for High Performance Schools (CHPS) High Performance Products Database or be certified "der 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 !i (also known as Specification 01350.) 4.504.5 Particleboard, medium density fiberboard (MDF) and hardwood plywood used in interior finish M ❑ ❑ ❑ systems shall comply with low formaldehyde emission standards. A4.504.1 Use composite wood products made with either California Air Resources Board approved no-added formaldehyde (JNAF) resins or ultra-low emitting formaldehyde (ULEF) resins. A4.504.2 Install VOC compliant resilient flooring systems, Tier I. At least 90 percent of the resilient flooring rx12 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 nX 2 the VOC-emission limits defined in Collaborative for High Performance Schools (CHPS) Low-emitting Materials List. Tier 2. Install insulation which contains No-Added Oz 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 13 slab-on-grade foundations. 4.505.3 Moisture content of building materials used in 0 07 ❑ ❑ 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 drop across the filter shall not exceed 0.'1 inches water column. A4.506.2 [HR] Provide filters on return air openings rated MERV 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 11 ❑ ❑ ❑ ❑ equipment must be installed in an isolated mechanical room. (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 93 H RESIDENTIAL VOLUNTARY MEASURES SECTION A4.602 RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST—continued 1. 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. 2. Required prerequisite for this Tier. 3. These measures are currently required elsewhere in statute or in regulation. 94 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 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 1 Tier 2 All All All Environmental Comfort 4.507.1 Reserved. 4.507.2. Duct systems are sized, designed, and equipment 21 ❑ ❑ ❑ is selected using the following methods: 1. Establish heat loss and heat gain values according to ANSFACCA 2 iManual J-2004 or equivalent. 2. Size duct systems according to ANSI/ACCA I 1,4'artual 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 ❑ ❑ ❑ Item 2 ❑ ❑ ❑ ❑ El Item 3 ❑ ❑ ❑ ❑ ❑ Installer and Special Inspector Qualifications Qualifications 702.1 HVAC system installers are trained and certified in (K ❑ ❑ ❑ the proper installation of TIVAC systems. 702.2 Special inspectors employed by the enforcing agency must be qualified and able to demonstrate competence in the discipline they are inspecting. Verifications 7011 Verification of compliance with this code may include construction documents, plans, specifications builder or installer certification, inspection reports, or 0 ❑ ❑ ❑ other methods acceptable to the enforcing agency which show substantial conformance. 1. 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. 2. Required prerequisite for this Tier. 3. These measures are currently required elsewhere in statute or in regulation. 94 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 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 H5.6 Tier s 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 Nate: 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 A5,4094 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 i TIER 2 All j Minimum Mandatory Meet all of the provisions Meet all of the provision of Chapter 5 of Chapter 5 Planning and Resign Designated Parking for Fuel Efficient Vehicles 10% of total spaces 12% of total spaces Cool Roof to Reduce Heat Island Effect Roof Slope < 2:12 SRI 64 Roof Slope > 2:12 SRI 16 Roof Slope < 2:12 SRI 78 Roof Slope > 2:12 SRI 30 j 1 additional Elective from Division 3 additional Electives from Division Energy Efficiency Energy Performance2 s A5.1 Outdoor lighting power 90% of Part 6 allowance A5.1 Outdoor lighting power 90% of Part 6 allowance If applicable, solar water - heating If applicable, solar water - heating system with minimum solar savings fraction of 0.15 system with minimum solar savings 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 Outdoor Water Use Not to exceed 60% of ETo Not to exceed 55 % of ETo times the landscape area times the landscape area I additional Elective 3 additional Electives from Division A53 from Division A5.3 Material Conservation and Resource Efficiency Construction Waste Reduction At least 65% reduction At least 80% reduction Recycled Content Utilize recycled content materials for Utilize recycled content materials for 10% of total material cost 15 % of total material cost I 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 limitsl 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 A5,4094 in this code may be substituted for prescriptive measures from Division A5.4. 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 133 NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 NONRESIDENTIAL OCCUPANCIES APPLICATION CHECKLI (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. �_ ❑ �— ❑ �J Planning and Design Site Selection A5.103.1 Community connectivity. Locate project on a previously developed site within a t!z- © ❑ mile radius of at least ten basic services, Iisted in Section A5.103.1. A5.103.2 Brownfield or greyfreld site redevelopment or intill area development. Select for f development a brownfield in accordance with Section A5.103.2.1 or on a greyfield or infill site as defined in Section A5.102. ❑ ❑ A5.103.3.1 Brownfield redevelopment. Develop a site documented as contaminated and _ fully r emodiated or on a site defined 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. Reconstruction and Reuse of Existing Structures 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: I. 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. ❑ l A5.105.1.2 Existing nonstructural elements. Reuse existing interior nonstructural elements ❑ (interior wails, 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 13 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 E _ 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 (BIAP) in Section 5.106.1.1 Q A5.106.2 Storm water 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. A5106.2.2 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 NONRESIDENTIAL OCCUPANCIES APPLICATION CHECKLISTS—continued (continued) C01 3 CALIFORNIA GREEN BUILDING STANDARDS CODE 135 VOLUNTARY' CALGraen T CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 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 EI ordinance, whichever is stricter. 5.106.4.1.1 Short-term bicycle parking. If the new project or addition or alteration is MX anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 200 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 MX 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 buildings with over 10 tenant- occupants, provide changing/sbower facifideS in accordance with Table A5.106.43 or document arrangements with ❑ ❑ nearby changing/shower facilities. A5.106.5.1 Designated parking for fuel-efficient vehicles. Provide designated parking for any combination of low-emitting, fuel-efficient and carpool/van pool vehicles as shown in: A5.106.5.1.1. 'leer 110% of total spaces per Table A5.106.5. I .1. 0 A5.106.5.1.2. Tier 2 12% of total spaces per Table A5.106.5. L2, 5.106.5.2 Designated parking. Provide designated parking for any combination of low-emitting, FX1 fuel-efficient and carPoollvan pool vehicles as shown in Table 5.106.5.2. A5.106.5.3.1 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 subpanel 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. A5.106.5.3.2 Multiple charging spaces required. When multiple charging spaces are required, plans shall include the location(s) and type of the EVSE, raceway method(s), wiring 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 he consulted during the project design and installation. A5.106.5.3-3 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 171 capable of supporting installation of future EVSE. A5.106.5.3.5 Labeling requirement. A label stating "EV CHARGE CAPABLE" shall be posted in 0 ❑ a conspicuous place at the service panel or subpanel and the EV charging space. - A5.106.6 Parking capacity. Design parking capacity to meet but not exceed minimum local zoning requirements. A5106.61 Reduce parking capacity. With the approval of the enforcement authority, employ strategies to reduce on-site parking 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, fide ❑ ❑ 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 wails. 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% of opaque wall areas. (continued) C01 3 CALIFORNIA GREEN BUILDING STANDARDS CODE 135 I I NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 14ONRESIDENTIAL OCCUP4,14 iwi (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier I Tier 2 5.106.8 Light pollution reduction. [NJ Outdoor lighting 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 JESNA TM-15-11; and xCJ 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. nX Exceptions. fNj 1. Luminaires that qualify as exceptions in Section 147 of the California Energy Code 2. Emergency lighting — — ------ 5.106.10 Grading and paving. Construction plans -hall indicate how site grading or a drainage system will manage all surface water flows 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 Heat island effect. Reduce nonroof heat islands and roof beat islands as follows: A5.106.11.1 Hardscape alternatives. Use one or a combination of strategies I through 3 for 50 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 -,vitb ASTM Standards E 1918 or C 1549, 4 2. Use open-grid pavement system or pervious or permeable pavement system. A5,106.11.2 Cool roof for reduction of beat island effect. Use rooting materials having a ❑ ❑ minimum aged solar reflectance, thermal emittance complying with Sections A5,106.11.2.2 and A5.106.11.2.3 or a minimum age I d or Solar Reflectance Index (SRI)3 equal to or greater than the values shown in: Table A5.106.11.2.2 -'Tier I or FX1 Table A5.106.11.2.3 - Tier 2 Exceptions: 1. Roof constructions that have a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 lb/sf. 2. Roof area covered by building integrated solar photovoltaic and building integrated solar thermal panels. iwi (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTIOA A5.602 MIKUT95AMIM 0—y-CIVEM JLP_L�, (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 137 VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 ,�r Efficiency Performance Requirements 5.201.1 Scope. Building meets or exceeds the requirements of the California Building Energy Efficiency Standards.3 E]2 o2 A5.203.1 Energy efficiency. Nonresidential, high-rise residential and botellinotel buildings that include lighting and/or mechanical systems shall comply with Sections A5.203.1.1 and either A5,203.1.2.1 or A5.203.1.2.2. Newly constructed buildings, as well as additions and alterations, are included in the scope of these sections. Buildings pvirnitted without lighting or mechanical systems shall comply with Section A5.203.1.1 but are not required to comply with Sections A5,203.1.1.2 or A5.203.4.2, A5.203.1.1.1 Outdoor lighting, Newly installed outdoor lighting power is no greater than 90 2 percent of the Tide 24, Part 6 calculated value of allowed outdoor lighting power, 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 15,000 Btulh or greater installed a solar 02 water-beating system with a minimum solar savings fraction of 0.15 or meet one of the exceptions. A5.203.1.1.3 Functional areas where compliance with residential fighting 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 E]2 alterations to high-rise residential dwelling units and hotel and motel guest rooms, indoor lighting complies with the applicable requirements in Appendix A4 Residential %luntary Measures, Division A4.2–En yEfficiency, Section A4.204.1.1.1. A5.203.1.2.1 Tier 1. For building projects that include indoor lighting or mechanical systems, but 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 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 rx-12 systems, the Energy Budget is no greater than 85 percent of the Title 24, Part 6, Energy Budget for the Pro osed Design Building. Renewable Energy A5.211.1 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 ❑ 0 provides a minimum of 50-percent electrical power from renewable sources. Maintain documentation through utfljjy 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 regenerative drive system that feeds electrical power back into the building grid when the elevator is in motion. A5.212.1.1.1 Car lights and fan. A parked elevator shall turn off its car lights and fan [3 0 automatically until the elevator is called for use, A5.212.1.2 Escalators. An escalator shall have a variable voltage variable frequency (VVVF) 11 ❑ motor drive system that is fully regenerative when the escalator is in motion. A5.212.1.4 Controls. Controls that reduce energy demand shall meet requirements of CCR, 0 0 Title 8, Chapter 4, Subchapter 6 and shall not interrupt emergency operations for elevators required in CCR, Title 24, Part 2, California Building Code, — — ---------- J (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 137 SECTION •i' NONRESIDENTIAL OCCUPANCIES lam■. F — - VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR 6SC MANDATORY Tier 1 Tier 2 Effteienti Steel Fraanatag A5.213.1 Steel framing. Design for and employ techniclues to avoid thermal brid in . D ❑ wafer C66 aTti1 couI wryatio litdo(b$'�a[ir£T X34 5303.1 Meters. Separate meters shall be installed for the. uses described in Sections 5.303.1.1 and 5.303.1.2,' 5.303.1.1 New buildings or additions in excess of 50,000 square feet. Separate submeters shall be installed as follows: 1. For each individual leased, tented or other tenant space within the building projected to consume more than 100 gal /day. 1 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 gpm (30 Us) Q b. Makeup water for evaporative coolers greater than 6 gpm (0.04 Us) 0 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 cal /day (3800 Uday }. _ 5.303.2 Water reduction. Plumbing fixtures shall meet the maximum flow rate values shown in EJ Table 5.3032.3, Exception: Buildings that demonstrate 20- percent overall water use reduction. to this case, a calculation demonstrating a 20- percent reduction in the building "water use baseline," as 0 established 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 5.3033 shall apply to new fixtures in additions or areas of alterations to the building. A5.303.2.3.1 Tier 1 - 30- percent savings. A schedule of plumbing fixtures and fixture O 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 21 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 p will reduce the overall use of potable water within the building by 40 percent shall be provided. (Calculate savings by Water Use Worksheets) ❑ A5.303.2.3.4 Nonpotable water systems for indoor use. Utilizing nonpotable water systems (such as captured rainwater, treated graywater, 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 Plumbing Code. 5.303.3 Water conserving plumbing fixtures and fittings. Plumbing fixtures (water closets and i] 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. 5.303.3.2 Urinals, The effective flush volume of urinals shall not exceed 0.5 gallons per flush. � 5.303.3.3 Showerheads. Q 5.303.3.3.1 Single showerhead. Showerheads shall have a maximum flow rate of not more El 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 El more than one showerhead, the combined flow rate of all sbowerheads 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) 138 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTION rt (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 139 C 7 VOLUNTARY' CALGreen CALGreen APPLICATION! CHECKLIST FOR BSC MANDATORY Tier I 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 A5303.3(2)(a) and (b), 0 Q 3. Iee makers shall be air cooled. 0 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 0 [ mode. 7. Commercial pre -rinse spray valves manufactured on or after January 1, 2006 shall function at 0 rl equal to or less than 1.6 gpm (0.10 Us) 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 (207 kPa) when designed for a flow rate of _psi 1 -.3 gpm (0.08 L /s) or less 5.303.4 Wastewater reduction. [N] Each building shall reduce the generation of wastewater by one of the following methods: As applicable 1. The installation of water - conserving fixtures or El 2. Utilizing nonpotable water systems. 0 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 shalt be installed in accordance with the California Plumbing Code, and shall meet the applicable standards As applicable referenced in Table 1401.1 of the California Plumbing Code and in Chapter 6 of this code. �t1tdQr Water I3se 5304.1 Water budget. A water budget shall be developed for landscape irrigation use.3 Applies to Fxl additions or alterations- 5.344.2 Outdoor potable water use. For new water service, separate meters or submeters shall be 0 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 © C] Water Code 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). 5.304.3 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, 5.304.3.1 Irrigation controllers. Automatic irrigation system controllers installed at the time of final inspection shall comply with the following: 1. Controllers shall be weather- or soil moisture -based controllers that automatically As applicable adjust irrigation in response to changes in plants' needs as weather conditions change. FXl 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 __L — __ reduces by the use of potable water, A5.304.4.1 'filer 1— Reduce the use of potable water to a quantity that does not exceed 60 ID percent of ETo times the landscape area. A5.304.4.2 Tier 2 — Reduce the use of potable water to a quantity that does not exceed 55 El percent of ETo times the landscape area. Methods used to accomplish the requirements of this section shall include, but not be limited to, the items Iisted in A5.304,4- A5.304.4.3 Verification of compliance. A calculation demonstrating the applicable potable d FX1 water use reduction required by this section shall be 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. D 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 C NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 OCCUPANCIES NONRESIDENTIAL — , (continued) 140 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR 8SC MANDATORY Tier 1 Tier 2 A5.304.6 Restoration of areas disturbed by construction. Restore all areas disturbed during 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 Q Q at least 50 percent of the site area with native and /or noninvasive vegetation_ A5.304.8 Graywater irrigation system. Install graywater collection system for onsite subsurface Q irrigation using graywater, Water Recast — — - A5.305.1 Nonpotable water systems. Nonpotable water systems for indoor and outdoor use shalt Q ❑ i comply with the current edition of the California Plumbing Code. A5.305.2 Irrigation systems. Irrigation systems regulated by a local water efficient landscape Q Q ordinance or by the California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) shall use recycled water. — Material Conservation and .Resource Efkieney Efficient Framing Systems _ A5.404.1 Wood framing. Employ advanced wood framing techniques or OVE, as permitted by the Q 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 Q ❑ project site, meeting the criteria listed in Section A5A05.L 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 ❑ Q J 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 Q ❑ ten -year cycle for at least 2.5 percent of total materials value, based on estimated cost. A5.405.3 Reused materials. Use salvaged, refurbished, refinished or reused materials for at least 5 percent of the total value, based on estimated cost of materials on the project. ❑ Q A5.405.4 Recycled content. Use materials, equivalent in performance to virgin materials, with a f 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. 191 Tier 2. The RCV shall not be less than 15 percent of the total material cost of the project. pp Note: Use the equations in the subsections for calculating total materials cost, recycled ❑ Q 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: A5.405.53 Cement. Cement shall comply with one ofthe following standards: 1. Portland cement shall meet ASTM C 150. Q ❑ 2. Blended hydraulic cement shall meet ASTM C 595. 3. Other hydraulic Cements shall meet ASTM C 1157. A5.405.5.2 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. Q Q 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. I . ❑ Q A5.405.5.2.1.1 Mix design equation. Use any combination of one or more SCMs, satisfying Equation A4.5-14. 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 ❑ Q standards. A5.405.5.3.L2 Alternative power. Alternate electric power generated at the cement ❑ plant and/or green power purchased from the utility meeting the requirements of Section _A5,21 1. (continued) 140 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE li r 1 ; r � •7 #Il�tii�i1- �`1i�1�_Feill�� SECTION A5.602 it—it .1UrmSjJr.4LLU -- — - - VOLUNTARY' - CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tierl 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 wi th one or more of the ❑ ❑ materials listed in Section A5.405.53�2.2. A5.405.5.3.2.3 Mixing water plater recycled by the local water purveyor or water ❑ ❑ reclaimed from manufacturing processes and conforming to ASTM C 1602. A5.405.5.3.2.411igh strength concrete. Concrete elements designed to reduce their ❑ ❑ total size compared to standard 3,000 psi concrete, as approved by the Engineer of Record. J Ekahar►ced �ekaatki�aiy and ReducedtTi�ttekkanee A5.406.1.1 Service life. Select materials far longevity 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. weather Resistance aril Moisture Management` 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 stringent.3 5.407.2 Moisture control. Employ moisture control measures by the following methods; 5.407.2.1 Sprinklers. Prevent irrigation spray on structures. Q 5.407.2.2 Entries and openings. Resign exterior entries and openings to prevent water intrusion into buildings. COk3Stk tkCtiQkllCe )C41kCti�kla 33iSpO�ai ailed RCC C�[kk — 5.408.1 Construction waste management. Recycle and /or salvage for reuse a minimum of 50/0 — 191 of the non- hazardous construction waste in accordance with Section 5.408.1.1, 5.408.1.2 or or 53408.1.3; or meet a local construction and demolition Nvaste management ordinance, whichever is more stringent. 5.408.1.1 Construction waste management plan. Where a local jurisdiction does not have a construction and demolition waste management ordinance that is more stringent, submit a construction waste management plan that complies with items 1 through 4 of this section. 5.408.1.2 Waste management company. Utilize a waste management company that can provide 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 5.408.1.3, and the plan is accessible to F2fl the enforcement authority. 5.408.3 Excavated soil and land clearing debris. 100 percent of trees, stumps, rocks and lX 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 infestation. (continued) 0–'013 CALIFORNIA r D r CODE 141 NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 AONRESIDENTI41-QCVJ (continued) 142 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY CALGreen CALGreen APPLICATION CHECKLIST FOR BSC A5.408.3.1 Enhanced construction waste reduction—Tier 1. Divert to recycle or salvage at least 65% of MANDATORY Tier I Tier 2 FYI 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 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 El 21 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 rro'cling facilities and markets. essment: A5.409.1 General. Life cycle assessment shall be ISO 14044 compliant. The service life of the building and 11 ❑ 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 unproverrient for at least three of the impacts listed in Section A5.409.2.2, one of which shall be climate change, compared to a reference tnilding, 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, 11 ❑ 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. "&PpOr �fiort 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, 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. 5.4101 Commissioning. [N] For new buildings 10,000 square feet and over, building commissioning for all building 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 5.410.2. 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. i 5.410.2.1 Owner's Project Requirements (OPR), [N] Documented before the design phase of the project Z 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 bow the design of the building systems meets the 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 O 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 component, system and system-to-system interface in accordance with the approved plans and specifications. 5.410.2.5 Documentation and training. fNJ A Systems manual and systems operations training are required. 5.410.2.5.1 Systems manual. [N] The systems manual shall be delivered to the building owner or 7X representative and facilities operator and shall include the items listed in Section 5.410.2.5.1. 5.410.2.5.2 Systems operations training. [N] 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. 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, (continued) 142 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE SECTION .l WOUIPESIDEVML-OCCUNIUCIES APPLICATION CHECKLISTS—continued - _ -- VOLUNTARY' - CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 _ 5.410.4 Testing and adjusting. Testing and adjusting of systems shall be required for buildings less than E 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 21 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 on each system as determined by the enforcing agency. 5.410.4.3.1 RVAC balancing. Before a new space - conditioning system serving a building or space is lXI 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 O 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 O 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 enforcing agency. Elnvirntamental oalit ;` i Fire laces _ 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 California Energy Code, Title 2 -1, Part 6, Subchapter 7, Section 150. As applicable 5.503.1.1 Woodstoves. Woodstoves shall comply with US EPA Phase II emission limits where applicable. 0 -- 1 Polllibil control - 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 I through 5 in ❑ ❑ Section A5.504.1.3. 5304.1.3 Temporary ventilation. If the HVAC system is used during construction, use return air filters n with a MERV of 8, based on ASHRAE 52.2 -1999, or an average efficiency of 30% based on ASHRAE 52.1 -1992. Replace all inters immediately prior to occupancy. Applies to additions or alterations. __ A5.504.2 IAQ posteonstrnction. Flush out the building per Section A5.504.2 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 Environmental Protection Agency (U.S. EPA) and in accordance with Section A5.504.2.1.2. 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; ❑ ❑ 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. ❑ ❑ A5.504.2.1.2 Test protocols. Testing of indoor air quality should include the elements listed in Items 1 ❑ ❑ through 4. A5.504.2.1.3 Noncomplying building areas. For each sampling area of the building exceeding the ❑ ❑ maximum concentrations specified in Section A5.504.2. L 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 NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 NONRESIDENTIAL OCCUPANCIES APPLICATIOU CWEWL LISTS—co-Oft ued (continued) 144 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE VOLUNTARY' CALGreen CALGreen APPLICATION CHECKLIST FOR BSC MANDATORY Tier 1 Tier 2 5.504.3 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 duet and other related air distribution component openings shall be covered with 0 tape, plastic, sheetmeral 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 5.504.44. 5.504.4.1 Adhesives, sealants, caulks. Adhesives and. sealants used on the project shall meet the requirements of the following standards. 1. Adhesives, adhesive bonding primers, adhesive printers, sealants, sealant primers and caulks shall IHI 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 FXI of product, less packaging, which do not weigh more than one pound and do not consist of more than 16 fluid ounces) shall comply with statewide VOC standards and other requirements, including PrOhn IUUIIs on UsC VJ LUl Will toxic compounds, of California Code afRegulations, 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 F 1 unless more stringent local limits apply. 5.504.4.3.1 Aerosol paints and coatings, Aerosol paints and coatings shall meet the Product- Weighted NJ MIR Limits for ROC in Section 94522(a)(3) and other requirements, including prohibitions on use of certain toxic compounds and ozone depleting substances (CCR, Tide 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 requirements of one of the standards listed in Section $.504.4,4. 5.504.4.4.1 Carpet cushion. All carpet cushion installed in the building interior shall meet the requirements of the Carpet and Rug Institute's Green Label program. 5.504.4.4.2 Carpet adhesive. All carpet adhesive shall meet the requirements of Table 5.504.4.1. 5.504.4.5 Composite wood products. Hardwood plywood, particleboard and medium density fiberboard f5X1 composite wood products used on the interior or exterior of the building shall meet the requirements for formaldehyde as specified in Table 5.504.4.$. A5.504.4.5.1 Early compliance with formaldehyde limits, Tier 1. Meet the requirements contained 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 [XI no-added formaldehyde (NAF) based resins or ultra-low emitting formaldehyde (ULEF) resins, 5-504.4.5.3 Documentation. Verification of compliance with this section shall be provided as 191 Fl ❑ 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. 191 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-1 or PS-2 standards of the Engineered El Wood Association, the Australian ASNZS 2269 or European 636 3S standards, 5. Other inethocls_aegeptablo to the enforciny, age!icy.__ 91 5.504.4.6 Resilient flooring systems. Comply with the VOC-emission limits defined in the 2012 CHPS FXI 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 FX_1 flooring materials meet the pollutant emission limits. A5.504.4.7 Resilient flooring systems, Iler 1. For 90 percent of floor area receiving resilient flooring, IK 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, A5.504.4.7.1 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 Linder the Greenguard Children & Schools program; certified under the Floor-Score, program of the Resilient Floor Covering Institute; or meet California Department of Public Health 2010 Specification 01350. A5.504.4.7.2 Verification of compliance. Documentation shall be provided verifying that resilient FX7 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. FXI A5.504.4.8.1 Thermal insulation, Tier 2. Install thermal insulation which complies with Tier I plus Qx does not contain any added formaldehyde_ A5.504.4.8.2 Verification of compliance. Documentation shall be provided verifying that thermal L IR insulation materials meet the pollutant emission limits. (continued) 144 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE NONRESIDENTIAL VOLUNTARY MEASURES SECTION A5.602 li-QVIVESIDEWTIAL OCCURP4,11CIES 4PPLIC0TIO1I CHECKLISTS—m—aknued (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 145 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 El 13 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. 0 ❑ A5,504.5.1 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. 1­1 fl 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 A5.504.5,1 5.504.5.3 Filters. in. mechanically ventilated buildings, provide regularly occupied areas of the building El with air filtration media for outside and return air that provides at least a MERV of 8. MERV 8 filters 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 ASHRAF 10- percent to 15-percent efficiency filter shall be permitted for an RVAC unit meeting the 2013 California Energy Code having 60,000 Btulb or less capacity per fan coil, if the energy use of the air delivery system is 0.4 W/cfni or less at design air flow, 2.Existing mechanical equipment. 5.504.5.3.1 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. d6or'mi)isture . Raid :Ra don ,C tro. 5.505.1 Indoor moisture control. Buildings shall meet or exceed the provisions of California Building MR Code, CCR, Title 24, Part 2, Sections 1203 and Chapter 14.13 Air C1aality and Eilmust 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 applicable local code, whichever is more stringent 5.506.2 Carbon dioxide (CO2) monitoring. For buildings or additions equipped with demand control ventilation, CO2 sensors and ventilation controls shall be specified and installed in accordance with the requirements of the California Energy Code, CCR, Section 120(c)(4).3 7777777777_777�L A5.507.1 Lighting and thermal comfort controls. Provide controls in the work-place as described in Sections A5,507, LI and A5.507. L2. 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. A5.507.1.1.1 Lighting. Provide individual task lighting and/or daylighting controls for at least 90 ❑ 0 percent of the building occupants. A5.507.1.1.2 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. I.1.2. ❑ 0 A5.507.1.2 Multi-occupant spaces. Provide lighting and thermal comfort system controls for all ❑ 0 shared multi-occupant spaces. A5.507.2 Daylight. Provide daylit spaces as required for toplighting and sidelighting in the California ❑ 0 Energy Code. In constructing a design, consider Items I through 4 in Section A5.507.3. I (continued) 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 145 NONRESIDENTIAL VOLUNTARY MEASURES SECTION .'F NONRESIDENTIAL OCCUPANCIES j r f (continued) 146 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE 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 determined in accordance with ASTM E 90 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 El 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 Iess than 40 with exterior windows of a minimum STC of 40 or OTTC 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 IK { exposed to a noise level of 65 dB L,q -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). Also applies to addition or alteration exterior wail. 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 (Leq 1Hi) 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 O 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 IK 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 O spaces and tenant spaces and public places shall have an STC of at least 40. CDutcicor Air Cictaiity 5.508.1 Ozone depletion and global warming reductions. Installations of HVAC, refrigeration and fire suppression equipment shall comply with Sections 5.508.1.1 and 5.508.12. As applicable 5.508.1.1 CFCs. Install HVAC and refrigeration equipment that does not contain CFCs. rX1 5.508.1.2 Halons. Install fire suppression equipment that does not contain Halons.t i] A5.508.1.3 Hydrochloreftuorocarbons (HCFCs). Install HVAC and refrigeration equipment ❑ ❑ 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 and refrigeration equipment that limit 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 � 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- Vwming 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 (CQ), and potentially other refrigerants. (continued) 146 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE SECTION A5.602 .GIES APPLICATION CHECKLIST-&—continued I 1 CALGreen CALGreen MANDATORY I Tier I I Tier 2 5,5081.1 Refrigerant pipin� Piping compliant vAdth the California Wechaniccd Code, shall be installed to Lie accessible. for leak protection and repairs. Piping runs using threaded pipe, copper tubing with an outside diameter (OD) less, than, /4 inch, flared tubing connections and short radius elbows shall not be used in reffiaerant systerns except as noted belcrw 5.508.2.1.1 Threaded pipe, Threaded connections are permitted at the compressor rack. 5.508,2.1.2 Copper pipe, Copper tubing withtir OD less than 144 inch may be used in systems with a refrigerant' charge of 5 pounds or less. 5.508.2.1.2.1 Anchorage. 1/4 inch 017 tubing shall be securely clamped to a rigid base to keep vibration levels below It nails, 5.508.2.1.3 Flared tubing cGrmeetions. Double flared tubing connections may be used for pressure controls,, valve pilot lines and oil. Exceptiom Single - flared tubing connections may be used withartrulfiring seal coated ,with industrial sealant suitable fbi- use with refrigerants and tightened in accordance with mar nufacturer's recommendations, 5.508.2.1,4 Elbows, Short radius elbows are only permitted where space limitations prohibit use of !an,,, radius elbows. 5.508.2.2 Valve& Valves a.-A fitiirigs shall comply with the Cal�for ni W Afechanical Code arid as fellows. 5.508.2.2,1 pressure relief valve& For vessels containing high-GWP refrigerant, a rupture disc shall be installed between the outlet of the vessel and the inlet of the pressure relief valve, 5.508.2.2,1.1 Pressure detection, A pressure gauge, pressure transducer or other device shall he installed in the space between the rupture disc and the relief valve inlet to indicate a disc rupture or discharge of the relief valve. 5_50&2,2.2 Access valves. Only Schrader access valves with a brass or steel body are permitted for use. 5308.12.2.1 Valve caps. For systems with a refrigerant charge of 5 pounds or more, valve caps shall be brass or steel and not plastic, 5.508,2,2.2.2 Seal caps. If designed for it, the can shall have a neoprene 0 -ring in place, 5,509.2e2.12.1 Chain tethers. Chain tethers to fit over the stem are required for valves designed to have seal caps- Exception. Valves with seal caps that are not renroved from the valve during stein, operation, 5.508.2.3 Refrigerated service cases. Refri.-erated service cases holding food products containing vinegar :and salt shall have evaporator coils of corrosion-resistam: material, such as stainless steel; or be coated to prevent corrosion from these substances. 5.504.2.3.1, Coil creating. Consideration shall be given the heat 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 systera shall be pressure tested during installation prior to evacuation and charging, 5,508.2.5.1 Minimum pressure. The system shall be charged with regulated dry introgen and appropriate tracer gas to bring system pressure up to 300psi.- minimum, 5,508.2.5,2 Leaks. Check the system for leaks, repair any leaks, and retest for pressure rising the same gauge., 5.509.2.5.3 Allowahle pressure change. The system shall stand, uruiltered, for 24 hours with no more than a -t-/- one pound pressure change from 300psig, measured with the same gauge, 5,508.2.6 Evacuation. The systern shall be evacuated after pressure testing and prior to charging, 5.50 .2.61 First vacuurm Pull a system vacuum down to at least 1000 microns (+/- 50 microns), and hold for 30 minutes. 5.504.16.2SccoDdvacuuwt. Pull a second sy stern vacuum to a mini murn of 500 microns and hold for 30 minutes. 5.508.2.6.3 Third vacuum. Pull a third vacuum down to a minimum of 300 microns, and hold for 24 hours with a maximum drift of 100 microns ever a 244rour period 1. Green building measures in this table may be mandatory if adopted by a city, county, or city and county as specified in Section 101.7. 2, Required prerequisite for this Tier'. 3, These areasures, are currently required elsewhere in statute or in regulation. 21113 CALIFORNIA GREEN BUILDING STANDARDS CODE 147 Exhibit A to Ordinance No. 1361 Page 38 of 55 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. v. Oise copy of the adopted codes I I beet I ,lied for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. ks- 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 subject 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. 1613.6.3 Design and Installation Requirements. 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 1615, Seismic Design Requirements, is hereby added to the Code to read as follows- ECTION 1615 SEISMIC DESIGN REQUIREMENTS 1615.1 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. AUUeU 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. 1615.1.8 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 (0) 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. SECTION 1808.6.1 FOUNDATIONS. Exhibit A to Ordinance No. 1361 Page 42 of 55 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 1 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 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. Exhibit A to Ordinance No. 1361 Page 43 of 55 (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. 150. 143 SAFE T I ASSESSOi►'IKZ11 T PLACARDS. 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 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. Exhibit A to Ordinance No. 1361 Page 44 of 55 (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 fl: L 4. Code the name of I Ills Municipal Code section number, 'I I I LII %,,ILY 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. ;[4] "4 0 1 fill:Q 11 Q" 1 :4 LSYAI %4kLe 1 &IIJ51611 Niqualrel 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 Exhibit A to Ordinance No. 1361 Page 45 of 55 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. A permit shall be required for the installation of portable wiring for equipment F.. ,or carnivals, circuses, exhibits, amusement rides, 1 rave1ing attractions, film shoots s 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. - a 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. Part 13. Adoption of the California Mechanical Code I a I A i • • • 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. Exhibit A to Ordinance No. 1361 Page 46 of 55 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. rL pammullml 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. Part 15. Adoption of the California Energy Code ! 1 1111•• • 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. Part 16. Adoption of the California Elevator Safety Construction Code ELEVATOR • • 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 Exhibit A to Ordinance No. 1361 Page 47 of 55 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. F • • 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. I• .. . - . - 1 • • • 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. • T 11 IN IFIRIIIIII III 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 Exhibit A to Ordinance No. 1361 Page 48 of 55 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. BALDWIN P, A, R, K TO: Honorable Mayor and City Council Members FROM: Marc Castagnola, AICP, Community Development M DATE: November 6, 2013 SUBJECT: CONTINUED FROM OCTOBER 16, 2013. An amendment to the City's Municipal Code adding Section 153.170.107 relating to the creation of a Comprehensive Sign Program; and the adoption of the Negative Declaration of Environmental Impact (Applicant: Kaiser Permanente; Case Number: AZC-174) lommO16-14 This report requests the City Council consider the following: (1) Amendment to the City's Municipal Code (AZC-174) adding Section 153.170.107 relating to the creation of a Comprehensive Sign Program; and (2) Initial Study and Negative Declaration of Environmental Impact for AZC-1 74. In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed project will not have a significant impact on the environment and a Draft Negative Declaration of Environmental Impact has been prepared by the Planning Division. A Notice of Intent inviting public comment on the Initial Study/Negative Declaration of Environmental Impact was posted at City Hall, Barnes Park and the Esther Snyder Community Center on Thursday, August 1, 2013 and concluded Wednesday, August 21, 2013. At the conclusion of the public review period, no comments were received on the Initial Study. Subsequently, the Planning Commission considered the Negative Declaration of Environmental Impact and recommended the City Council approve the same. A Notice of Public Hearing for the proposed code amendment was posted at City Hall, Baldwin Park Community Center, and Barnes Park on Thursday, September 12, 2013. AZC-1 74 November 6, 2013 Page 2 Igg-Og"m In May 2012, the City adopted a comprehensive zoning code amendment established to regulate the use of land within the city. As part of the zoning code update new provisions were established that regulate sign or advertising displays that are erected or maintained within the city. New development standards were set for non-exempt signs as defined in the City's Code. Depending on the zoning designation and sign type there are certain limitations on the number of signs, sign face area and height. However, certain development standards within the City's Sign Regulation section of the Municipal Code, when applied to certain properties, present a hardship to some property owners. Typically, large scale retail developments as well as irregularly large commercial developments seem to face said hardship. For example, current development standards do not accommodate adequate signage for larger big box development and do not provide adequate signage scale given the size of a big box building. In some cases, larger scale developments are faced with a dilemma in which signage is not sufficient. Earlier this year, Kaiser Permanente submitted an application to amend the City's Municipal Code to allow more than the maximum allowable number of freestanding/monument signs, to allow more than the maximum allowable sign face area and height for on-site directional signage, and to allow more than the allowable sign face area for a directory sign when the appropriate criteria is present at the subject site. The purpose of a comprehensive sign program is to enhance the overall development of the City with signage which is in harmony with, and relates visually to other signs included in the comprehensive sign program, and relates to the structures or developments they identify. The proposed ordinance (Attachment #3) will apply to non-exempt signs, as defined in Section 153.170.040 (C) of the City's Municipal Code, within the Mixed Use, Commercial, and Industrial Zones. The proposed ordinance will add a new section to the City's sign regulations which will allow for the creation of a comprehensive sign program in order to provide a means for the flexible application of the City's sign regulations, allowing for latitude in the design and display of multiple signs, while not circumventing the overall sign regulations contained in Subchapter 153.170. In general, a comprehensive sign program may modify the development standards relating to sign number, size, height, illumination, location, or orientation. Staff is proposing that a sign program be available when the following circumstances exist- 1 . Whenever the floor area is in excess of 25,000 square feet-, C:\Amy\AM)'XWORD\Reports\CounciI Reports\AZC-1 74 #5.DOC AZC -174 November 6, 2013 Page 3 2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site; 3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). A proposed sign program must comply with these minimum standards: 1. The proposed sign program shall comply with the purpose and intent of this chapter; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; 4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants; 5. The sign program shall comply with the standards of Subchapter 153.170.107, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter; 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. Findings shall be made by the Community Development Director for each comprehensive sign program, including: 1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines; 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan, and with the structures they identify and with surrounding development, C:\Amy\AMY\WORD \Reports \Council Reports\AZC -174 #5.DOC AZC -174 November 6, 2013 Paae 4 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and /or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchhapter. In order to be business friendly, staff had proposed the Community Development Director shall have the approval authority for a comprehensive sign program. Should an Applicant be aggrieved by the Director's decision regarding a comprehensive sign program, the decision may be appealed to the Planning Commission and ultimately the City Council as the final authority (BPMC Section 153.210.150). A sign program application shall be created for a comprehensive sign program and shall include all the information and materials required by the Planning Division for a Sign Program Review including a filling fee. Although signs can provide a reliable means of advertising for a business, they also can be detrimental to aesthetics and welfare of the community. By implementing the proposed ordinance which contains new requirements and development standards, the City can maintain its local land use control and also improve the community's aesthetics with the removal of older, out -of -date signs throughout various commercial developments to new signs that create a unified architectural statement and are appropriate given the scale of developments and other factors. PLANNING COMMISSION ACTION At their meeting on August 28, 2013 the Planning Commission voted 4 -0 to adopt PC 13 -22, recommending that the City Council adopt the Negative Declaration of Environmental Impact and approve that addition of Section 153.170.107 to the City's Municipal Code. This recommendation includes language that the Community Development Director has review and approval authority for any proposed comprehensive sign program. However, since the Planning Commission took action, and based on City Council discussion and public input, staff has included an option for the City Council to include language in the ordinance that has the Planning Commission be the approval authority of any proposed comprehensive sign program as opposed to the Community Development Director. C:\Amy\AMY\WORD \Reports \Council Reports\AZC-1 74 #5.DOC AZC-1 74 November 6, 2013 Paqe 5 992312AMM This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff recommends City Council Introduce by first reading by title only Ordinance 135 "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDIN SECTION 153.170.107 TO THE B► LDWIN PARK MUNICIPAL CODE RELATING I T* COMPREHENSIVE SIGN PROGRAMS. (LOCATION: ALL COMMERCIA INDUSTRIAL AND MIXED USE ZONES; APPLICANT: KAISER PERMANENT CASE NUMBER: AZC-174)." #1, Resolution 2013-035 #2, Initial Study and Negative Declaration #3, Proposed Draft Ordinance 1359 Report Prepared By: Humberto Quintana, Community Development Liaison. CAAmy\AMY\W0RD\Reports\Counci1 Reports\AZC-1 74 #5.DOC r r • • Ito • 1 1 RESOLUTION NO. 2013-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS (LOCATION: ALL COMMERCIAL, INDUSTRIAL AND MIXED USE ZONES WITHIN THE CITY OF BALDWIN PARK; APPLICANT: KAISER PERMANENTE-1 CASE NO.: AZC-174) WHEREAS, the City of Baldwin Park currently does not permit comprehensive sign programs within the City; and WHEREAS, owners of commercial developments, at times, experience a hardship given current sign development standards given certain irregularities with the site; and WHEREAS, Kaiser Permanente approached the City about amending the code to allow for comprehensive sign programs-, and WHEREAS, the creation of a comprehensive sign program creates a unified architectural statement; and WHEREAS, the proposed regulations have been proposed to permit comprehensive sign programs by amending the Baldwin Park Municipal Code, adding Section 153.170.107 relating to the creation of a Comprehensive Sign Program. Case Number AZC-1 74 (the "Project") as described more particularly in the information on file with the Planning Division; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: that: SECTION 1. The City Council does hereby find, determine and declare A. An Initial Study and Negative Declaration of Environmental Impact were prepared for the Project in accordance with the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. B. The Initial Study and Negative Declaration were made available to the public for review and comment as required by law. C. A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on August 28, 2013, at which time Resolution 2013 -035 Page 2 evidence was heard on the Initial Study and Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and the Planning Commission recommended approval of the negative declaration for the Project. D. A properly noticed public hearing was held by the City Council of the City of Baldwin Park on October 2, 2013 at which time evidence was heard on the Initial Study and Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered them, together with any comments received during the public review period. SECTION 2. The City Council re`.!P`-^ /ed and considered the Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Negative Declaration is therefore hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 6t" day of November, 2013. MANUEL LOZANO MAYOR Resolution 2013-035 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2013-035 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 6th day of November, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES- COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS' ALEJANDRA AVILA CITY CLERK DATE: July 30, 2013 APPLICANT- City of Baldwin Park TYPE OF PERMIT: Amendment to the Municipal Code FILE NO.: AZC-174 LOCATION OF PROJECT: All commercial, industrial and mixed use zones throughout the City of Baldwin Park. DESIRIPTION OF PROJECT: An amendment to the City's Municipal Code adding Section 153.170.107 to the Baldwin Park Municipal Code relating addition of language which would permit Comprehensive sign programs It is the opinion of the F__] Zoning Administrator FX_1 Planning Commission F-1 City Council F-1 Other that, upon review of the project, it has determined that the project will not have a significant effect upon the environment. Mitigation Measures F--1 are attached Fx_J are not required (Signature) Community Development Liaison (Title) Date(s) of Public Notice: X Posting at three (3) locations: City Hall, Ester Snyder Community Center, and Barnes Park, August 1, 2013 Posting of the properties Written notice to affected business owners \\backupnas\MyDocumentsFoiders\hquinlana\My Documents\Humberto\Planning\Cocie AmmendmentAZC-174 Negatve dedaration.doc AZC-1 74 Auqust, 2013 Initial Study Negative Declaration Prepared by: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 PP --- IN% ,;I A '7�0'a I., /if "m Revised April 2010 Project Title: AZC -174 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 2. Lead agency name and address: City of Baldwin Park Planning Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813 -5261 3. Contact person and phone number: Humberto Quintana, Community Develnprnent Liaison (626) 813 -5261. 4. Project location: The proposed project may impact those zoning designations in which non- exempt signs are permitted. General Plan Designation(s): Neighborhood Commercial, General Commercial, Mixed Use, Commercial - Industrial, General Industrial, Public Facilities and Parks. 6. Zoning: DESIGNATION LABEL EXPLANATION C -1 Neighborhood Commercial C -2 General Commercial F -C Freeway Commercial I -C Industrial Commercial OS Open Space 7. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation, Attach additional sheets if necessary.) Proposed project involves changes to the City's Municipal Code relating to sign regulations. The proposed change will allow for the creation of Comprehensive Sign Program(s) for non- exempt signs in order to create a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the intent subchapter 153.170. The Comprehensive Sign Program may modify the standards relating to sign number, size, height, illumination, location, orientation, or other aspects of signs. 8. Surrounding land uses and setting: Briefly describe the project's surroundings: Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel River) freeways lies near the southwest corner of this 6.8 AZC -174 August, 2013 square mile City. Although Baldwin Park is predominantly a residential bedroom community, recent efforts have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build- out ", focusing efforts on the Redevelopment of land, especially within close proximity to the freeway and within the City's Downtown area. According to the 2010 Census, Baldwin Park has approximately 75,400 persons. This is more than double the population in 1960. Baldwin Park is predominantly a Hispanic working class community, since the 1990 Census, the City continues to experience on -going increases with its Asian population, even though a decrease in population was experienced between the 2000 Census and the 2010 Census. Furthermore, the City has a considerably larger than average household size than the County average, suggesting increased pressure on the City's housing stock and the provision of services. 9. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) No other public agencies other than the Planning Commission andfor City Council of the City of Baldwin Park are required to approve this amendment to the City's Municipal (Zoning) Code. Revised April 2010 CITY OF BALDWIN PARK LEGEND INDUSTRIAL ALL COMMERQAL D MIXED USE ZONES AZC -174 August, 2013 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural resources ❑ Geology / Soils ❑ Greenhouse Gas Emissions ❑ Hazard & Hazardous Materials ❑ Hydrology /Water Quality n 1 anri I k,- ! Planninn ❑ Population / Housing ❑ Transportation /Traffic M MinarPI RPCni irces ❑ Public Services ❑ Utilities / Service Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: F-1 Nni -e ❑ Recreation ❑ Mandatory Findings of Significance Q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMAPCT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upgn the prpposed project, nothing further is required. Is // 3oA-75 Date Revised April 2010 AZC -174 August, 2013 The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. 1. AESTHETICS Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact I No Impact a) Have a substantial adverse I effect on a scenic vista? b} Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the ! existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a -d) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. Adoption of the Zoning Cade Amendment which includes flexibility in the application of sign regulations to allow sign programs does not have the potential to affect designated scenic vistas or other scenic resources. Individual comprehensive sign program applications will be reviewed on a case -by -case basis in accordance with CEQA at the time a complete application request is received by the City. No aesthetic impacts will occur as a result of the adoption of the proposed Amendment. Revised April 2010 AZC -174 August, 2013 Revised April 2010 II. AGRICULTURE AND FORESTRY Potentially Less Than Significant with Less Than RESOURCES Significant Impact Mitigation Significant Impact No Impact i Incorporated In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of i forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resource i Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agriculturalI use, or a Williamson Act contract? I c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code f section 51104(8))? i d) Results in loss of forest land or conversion of Q forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to [� non- agricultural use or conversion of forest land to non - forest? Revised April 2010 AZC -174 August, 2013 a -c) No Impact. Due to its administrative nature, the Project will not result in any physical changes to the environment. The adoption of the proposed Amendment will not in itself have a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Any subsequent development consistent with the amended Municipal Code will be reviewed as a project under CEQA, and therefore will be subject to a more detailed level of environmental scrutiny. a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District ( SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project - related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments Revised April 2010 Less Than Less Than Ill. AIR QUALITY Potentially Significant With Significant No Significant Mitigation Impact Impact Impact Incorporated j Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the pro ect: J a) Conflict with or obstruct implementation of the applicable air quality plan? 1 b) Violate any air quality standard or j contribute substantially to an existing or j projected air quality violation? ) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing [� emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial _ j i pollutant concentrations? Q e) Create objectionable odors affecting a — substantial number of people? Q a -e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct the implementation of any applicable air quality plans. Further, it is incumbent upon the City to comply with all applicable air quality standards established by the South Coast Air Quality Management District ( SCAQMD). Specifically, and when proposed and approved, the City shall develop and implement appropriate measures to limit and control emissions resulting from project - related construction activities, as well as implement SCAQMD strategies and policies directed toward the reduction of mobile source emissions generated by project - related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits required for operation of equipment). The adoption of the proposed Amendment will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under any applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). The adoption of the proposed Amendment will not expose receptors to substantial pollutant concentrations. This conclusion is based on the aforementioned environmental commitments Revised April 2010 AZC -174 August, 2013 and the fact that any subsequent development projects will be assessed individually under CEQA. The Project itself will not create any objectionable odors. Subsequent potential impacts are tempered by the application of the environmental commitments, and by the City's ability and authority to review activities at the time a specific development project is proposed. iV. BIOLOGICAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact p Mitigation Impact p Impact incorporated Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or Q regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or [� migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? fl Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other Q approved local, regional, or state habitat conservation plan? a -q No Impact. The City of Baldwin Park is completely urbanized and devoid of native vegetation. No endangered or threatened plants or animals are known to exist within the City. As described in the project description, the proposed amendment is of an administrative nature and will not directly impact biological resources. Revised April 2010 AZC -174 August, 2013 a -d} No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City have either been successfully catalogued, recovered, and /or protected consistent with the CEQA requirements, or been removed and /or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. Potentially Less Than Significant With Less Than No V. CULTURAL RESOURCES Significant Mitigation Significant Impact Impact Incorporation Impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined Q in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource Q pursuant to Section 15064.5? c) Directly or indirectly destroy a unique Q paleontological resource or site or unique geological feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a -d} No Impact. The City of Baldwin Park is generally affected by extensive urban development, and in this regard, many cultural resources that may have existed at one time within the City have either been successfully catalogued, recovered, and /or protected consistent with the CEQA requirements, or been removed and /or destroyed. Further, as previously stated, the Project is purely an administrative act, and will not directly impact cultural resources. Revised April 2010 Potentially Less Than Significant With Less Than No VI. GEOLOGY AND SOILS Significant Mitigation Significant Impact Impact p Incorporated Impact p Would the project: a) Expose people or structures to potential substantial adverse effects, including ✓[( the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on Q other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? [� b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result [� in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Revised April 2010 AZC -174 August, 2013 VI. GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risk to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? a) No Impact. The Southern California area is acknowledged as a seismically active region. Accordingly, it is anticipated that environmental assessments prepared for uses that may be operated pursuant to the amended Municipal Code will provide project - specific seismic analyses, design recommendations, and appropriate mitigation of any potentially significant seismic impacts. In this regard, building officials and engineers have long- recognized the potential impacts of earthquakes and ground shaking on structures. Appropriate measures which reduce the effects of earthquakes are identified in the California Building Code (CBC), including specific provisions for seismic design of structures. Short of a catastrophic event, design of structures in accordance with the CBC and current professional engineering practices are sufficient to reduce the effects of ground shaking below the level of significance. Further, as evidenced by extensive development within the City, it is anticipated that any future site - specific geologic or soils constraints which may be encountered can be accommodated within the context of existing seismic design regulations, standards, and policies. As supported by the preceding discussion, the Project does not have the potential to expose people or structures to potential substantial adverse seismic effects. Similarly, the Project does not have the potential to: result in substantial soil erosion or the loss of topsoil; encourage or allow facilities to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse; or encourage or allow facilities to be located on expansive soil, creating substantial risks to life or property. b) No Impact. Due to its administrative nature, the Project does not have a direct impact on the soil. Environmental review of proposals submitted pursuant to the Amendment will provide for project - specific soil analysis, as well as the mitigation measures for any soil conditions that may affect, or be affected by, such proposed projects. Compliance with NPDES permit requirements, including an application of Best Management Practices (BMPs), further reduces potential soils impacts. The Project will have no impact in this regard. cA No Impact. As evidenced by extensive urban development, the City is generally suitable for development, and is not substantially limited by unstable geologic conditions including potential susceptibility to landsliding, lateral spreading, subsidence, liquefaction, or collapse. Nor is there evidence that the City is widely affected by expansive soils conditions. Future Revised April 20 90 AZC -174 August, 2013 development proposals will provide project - specific environmental review to determine geologic /expansive soils impacts, and appropriate mitigation measures that may be required. it is anticipated that compliance with applicable provisions of the CBC, together with application of accepted geologic /soils engineering practices will typically provide appropriate design solutions for geologic conditions that may be encountered within the City, as such, no impacts are anticipated. e) No impact. The City is generally improved with sanitary sewers connected to wastewater treatment facilities, which would provide for treatment of wastewater. Since the proposed amendment is an administrative act only, the existing use of septic tanks or alternative waste water disposal systems that are currently operational will not be impacted. a -b) No impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. VIII. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No VII. GREENHOUSE EMISSIONS Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant [7j impact on the environment? b) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available [� for the disposal of waste water? a -b) No impact. Due to its administrative nature, it is not anticipated that the Project will not result in any physical changes to the environment. The Project does not have the potential to generate new direct or indirect greenhouse gas emissions that may have an impact on the environment. VIII. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No MATERIALS Significant Impact p Mitigation Significant Impact p Impact Incorporated Would the project: a) Create a significant hazard to the public or the environment through the routine transport, [7j use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions [� involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section Q 65962.5 and, as a result, would it create a significant hazard to the public or the Revised April 2010 AZC -174 August, 2013 VIII. HAZARDS AND HAZARDOUS Potentially Less Than Significant With Less Than No MATERIALS Significant Impact p Mitigation Significant Impact p impact Incorporated environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? � f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response Ian or emergency evacuation Ian? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent ✓Q to urbanized areas or where residences are intermixed with wildlands? a -c) No Impact. Adoption of the proposed Amendment will not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Nor will it create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. The Project will not create the potential to emit hazardous emissions or involve the handling of hazardous or acutely hazardous materials, substances or waste within one quarter mile of an existing or proposed school. Any subsequent project that would be undertaken pursuant to the amended Municipal Code would be required to investigate the implications of hazardous materials. The study will include a complete assessment of potential hazards related to the site and include measures to mitigate any identified impacts of the project. d) No Impact. Approval of the Project would not impact any sites identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. As previously stated, any subsequent proposal which would be undertaken pursuant to the amended Municipal Code would be reviewed pursuant to CEQA and would be required to conduct a hazardous materials assessment. The study would include a complete assessment of potential hazards related to the site and develop any requisite mitigation. e,f) No Impact. No public or private airstrips are located within the City of Baldwin Park. The adoption of the proposed Amendment would not result in a safety hazard for people residing or working in the project area. Any subsequent development in accordance with the Revised April 2010 AZC -174 August, 2013 proposed amendment would be reviewed pursuant to CEQA at the time a complete application is submitted for review and consideration. g) No Impact. The Project does not propose, nor require, impairment or interference with an adopted emergency response plan or emergency evacuation plan. h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire hazards. Urban fire hazards within the City are largely related to structural fires, and are typically due to carelessness and /or negligence. The adoption of the proposed Amendment will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildland areas. IX. HYDROLOGY AND WATER Potentially Less Than Significant With Less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g. the production [� rate of pre0- edisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or Q river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of a site or an area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or [� provide substantial additional sources of polluted runoff? 0 Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Revised April 2010 AZC -174 August, 2013 IX. HYDROLOGY AND WATER Potentially Less Than Significant With Less Than No QUALITY Significant Impact Mitigation Significant Impact Impact Incorporated h) Place within a 100 -year flood hazard area structures which would impede or redirect Q flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? (✓f a,f) No Impact. Approval of the Project would not violate any water quality standards, nor would it degrade water quality. As previously stated, the Project involves only administrative changes to the Municipal Code. The area encompassing the City of Baldwin Park is currently regulated by NPDES permit and Regional Water Quality Control Board (RWQCB) requirements supporting federal water quality standards and criteria established under the Clean Water Act (CWA). Requirements and procedures established under these regulations typically act to mitigate potential water quality impacts of new development, including any future facilities that may be implemented pursuant to the amended Municipal Code. Further, consistent with the requirements of CEQA, project- specific environmental analyses will be performed on any future projects or facilities. On a project -by- project basis, these analyses will individually assess potential water quality impacts and provide any mitigation measures if necessary. b) No Impact. The Project does not have the potential to directly affect groundwater supplies or recharge. The City is generally served by three (3) local water companies (Valley County Water District, San Gabriel Valley Water Company, and Valley View Mutual Water Company), and does not substantially rely on direct groundwater withdrawals. Further, it is not anticipated that any uses operated pursuant to the proposed Amendment would extensively utilize groundwater through direct withdrawals, nor would those uses substantially interfere with, or alter existing groundwater withdrawals. c,d,e) No Impact. The City generally does not contain significant water courses. However, the San Gabriel River is located along the City's western boundary and Big Dalton Wash and Walnut Creek Wash traverse the eastern and southern portion of the City. As discussed previously, compliance with federal CWA and relevant NPDES permit requirements will effectively mitigate any potentially adverse impacts of storm water discharges within the City. Uses operated pursuant to the proposed Amendment will individually assess potential drainage system impacts, and mitigation measures will be provided if necessary. g,h,i) No Impact. No development will be implemented with approval of this Project. As such, there is no potential for flood hazards associated with the proposed Amendment. Future individual environmental analyses will assess potential flood hazards and provide mitigation measures as necessary. Typical design solutions and /or mitigation would involve proper Revised April 2010 AZC -174 August, 2013 facilities orientation(s); grading and drainage improvements and /or creation of storm water retention /detention areas. j) No Impact. The City is not subject to significant hazards due to seiche, tsunami, or mudflow. k,l,m,n) No Impact. The construction of facilities is not proposed as part of the Project considered in this Initial Study. As such, the potential for increased stormwater runoff does not exist. In addition, the Project area is currently developed with urban uses and is not located proximate to any significant natural watercourses. X. LAND USE AND PLANNING Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation impact Impact Incorporated Would the project: a) Physically divide an established community? [� b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local [� coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community [1 conservation plan? a -c) No Impact. The proposed Amendment is a change to the requirements of the Municipal Code. If the proposed Amendment is approved, it will become part of the Municipal Code and therefore would be considered consistent. The Project proposes no changes to specific land use designations, as such, the potential to divide an established community or conflict with any land use or conservation plans does not exist. XI. MINERAL RESOURCES Potentially Significant Less Than Significant With Less Than Significant No Impact Mitigation Impact Impact incorporated Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the [� region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist as a Mineral Resource Zone 2 (MRZ -2), an area where "adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their Revised April 2010 AZC -174 August, 2013 presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain aggregate resources, commonly known as gravel. However, because the City is almost entirely built -out, all such areas containing significant resources are largely developed, and thus inaccessible. Established urban uses are incompatible with mineral extraction and /or surface mining activities. The General Plan does not identify or address mineral resources that would be of future value to the region and the residents of the State. In addition, the administrative nature of the Project precludes any impact in this regard. a -d) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. Potentially Less Than Significant With Less Than No XII. NOISE Significant Mitigation Significant impact Impact incorporated impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise [� ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or Q roundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity [� above levels existing without the project. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a -d) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to directly result in noise impacts. Revised April 2010 Potentially Less Than Significant With Less Than No XIII. POPULATION AND HOUSING Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for [� example, through extension of roads or other infrastructure)? Revised April 2010 AZC -174 August, 2013 a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off- site housing stock. No impacts relating to displacement of housing will result from the Project. Potentially Less Than Significant With Less Than No XIII. POPULATION AND HOUSING Significant Mitigation Significant Impact Impact Incorporated Impact b) Displace substantial numbers of existing housing, necessitating the construction of (� replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a) No Impact. Construction of new housing or employment opportunities is not a component of the Project. As such, the Project will not directly contribute to population growth. b,c) No Impact. The Project does not involve or propose displacement of any on -site or off- site housing stock. No impacts relating to displacement of housing will result from the Project. a -e) No Impact. The City of Baldwin Park is generally well - served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2010 Potentially Less Than Significant With Less Than No XIV. PUBLIC SERVICES Significant Mitigation Significant Impact Impact p Incorporated Impact p a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Q Police protection? Schools? Q Parks? Q Other public facilities? [� a -e) No Impact. The City of Baldwin Park is generally well - served by existing fire protection, police protection, and other public services. Because of the administrative nature of the Project, it does not have the potential to impact public services. Revised April 2010 AZC -174 August, 2013 a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Potentially Less Than Significant With Less Than No XV. RECREATION Significant Mitigation Significant Impact Impact Incorporated Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of J recreational facilities which might have an adverse physical effect on the environment? a) No Impact. The Project does not propose elements that would result in increased demands for neighborhood or regional parks or other recreational facilities. As such, the Project does not have the potential to result in increased demands on neighborhood, regional parks, or other recreational facilities. b) No Impact. The construction of recreational facilities is not proposed by the Project, nor will the Project require the construction or expansion of recreational facilities. As such, the Project will have no impact in this regard. Revised April 2010 Potentially Less Than Significant With Less Than No XVI. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Conflict with an applicable plan, ordnance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestions management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Revised April 2010 AZC -174 August, 2013 a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with the CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITIES AND SERVICE Potentially Less Than Significant With Less Than No XVI. TRANSPORTATION/ TRAFFIC Significant Mitigation Significant Impact Impact Incorporated Impact e) Result in inadequate emergency access? f) Conflict with adopted policies plans, or programs supporting alternative transportation [� (e.g., bus turnouts, bicycle racks)? a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the potential to result in transportation and circulation impacts. Future projects will be assessed, consistent with the CEQA requirements, on a project - specific basis. Individual environmental analyses will assess potential impacts in this regard and provide mitigation measures as necessary. XVII. UTILITIES AND SERVICE Potentially Less Than Significant With Less Than No SYSTEMS significant Impact Mitigation Significant Impact Impact Incorporated Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality [� Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction Q of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to Q serve the project's projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the Q project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a -g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and service systems. Due to the administrative nature of the proposed Project, it does not have the potential to result in impacts to utilities and service systems. On a project- specific basis, Revised April 2010 AZC -174 August, 2013 individual environmental analyses for subsequent uses implementing the amended Municipal Code will assess potential utilities and service systems impacts and provide mitigation measures as necessary for development projects as they are proposed. Generally, potential utilities and service systems impacts are reduced through capacity improvements, increased treatment efficiencies via technologic improvements, reduced consumption through conservation efforts, and efficient technologies and resource reuse /recycling. XVIII. MANDATORY FINDINGS OF Potentially Less Than Significant With Less Than No SIGNIFICANCE Significant Impact p Mitigation Significant Impact p Impact Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on Q human beings, either directly or indirectly? a) No Impact. The Project is a purely administrative act relating to the creation of a comprehensive sign program as a means for the flexible application of sign regulations. Therefore, the Project does not have the potential to significantly degrade the quality of biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. b) No Impact. As supported by the discussion presented in this Initial Study, the Project is determined to have no impact on any considered environmental topics. Potential cumulative effects of the Project are similarly determined to be of no consequence. c) No Impact. As supported by the preceding environmental evaluation, the Project will not result in any substantial adverse effects on human beings. Under each environmental consideration addressed in this Initial Study, the Project is considered to have no impacts. Revised April 2010 c � � � � � � � � � � . � �;, ORDINANCE NO. 1359 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS WHEREAS, signs located within the City can provide a reliable means of advertising for a business, they also can be detrimental to the safety, aesthetics and general welfare of the community; WHEREAS, owners of commercial developments, at times, experience a hardship given current sign development standards given certain irregularities with the site, including the scale and size of buildings, or limited site visibility, WHEREAS, the creation of a comprehensive sign program creates a unified and consistent architectural theme, WHEREAS, a sign program improves the aesthetics of the community by providing an incentive and latitude in the design and display of multiple signs, and; WHEREAS, the overall intent of a comprehensive sign program is to provide the means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, while not circumventing, the intent subchapter 153.170 relating to city appearance, traffic safety hazards, on -site signage, communication and to protect investment and quality of life. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow comprehensive sign programs, and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153.170.107, to read in its entirety as follows: "Section 153.170.107 Comprehensive Sign Programs A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed use project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign Ordinance 1359 - Page 2 program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist: 1. Whenever the floor area is in excess of 25,000 square feet; 2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site; 3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Approval Authority and Limitation. The Planning Commission shall be the review authority for a comprehensive sign program. D. Application Requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a Sign Program Review including a filling fee. Said fee shall be established by resolution of the City. The applicant shall still be required to obtain applicable sign permits and pay the related fee. E. Standards. A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this subchapter; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; 4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants; Ordinance 1359 - Page 3 5. The sign program shall comply with the standards of subchapter 153.170, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter; 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. F. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines; 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development; 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and /or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter. G. Revisions to Comprehensive Sign Programs. The Community Development Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised comprehensive sign program by the Planning Commission." SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. Ordinance 1359 - Page 4 ATTEST: A MANUEL LOZANO, MAYOR Ordinance 1359 - Page 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on 1 2013. Thereafter, said Ordinance No. 1359 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: FAJ ALEJANDRA AVILA, CITY CLERK � r c � c � � � � � r � � � � � � � . ORDINANCE NO. 1359 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS WHEREAS, signs located within the City can provide a reliable means of advertising for a business, they also can be detrimental to the safety, aesthetics and general welfare of the community; !/![HEREAS owners of commercial developments, at times, experience a hardship given current sign development standards given certain irregularities with the site, including the scale and size of buildings, or limited site visibility; WHEREAS, the creation of a comprehensive sign program creates a unified and consistent architectural theme; WHEREAS, a sign program improves the aesthetics of the community by providing an incentive and latitude in the design and display of multiple signs, and; WHEREAS, the overall intent of a comprehensive sign program is to provide the means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, while not circumventing, the intent subchapter 153.170 relating to city appearance, traffic safety hazards, on -site signage, communication and to protect investment and quality of life. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow comprehensive sign programs; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153.170.107, to read in its entirety as follows: "Section 153.170.107 Comprehensive Sign Programs A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed use project's signs with the overall site design and the structures' design into a unified architectural statement. A comprehensive sign Ordinance 1359 - Page 2 program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to sign number, size, height, illumination, location, orientation, or other aspects of signs within the limits of this section. B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist- 1 . Whenever the floor area is in excess of 25,000 square feet; 2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site; 3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.). C. Approval Authority and Limitation. The Community Development Director shall be the review authority for a comprehensive sign program. D. Application Requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a Sign Program Review including a filling fee. Said fee shall be established by resolution of the City. The applicant shall still be required to obtain applicable sign permits and pay the related fee. E. Standards. A comprehensive sign program shall comply with the following standards: 1. The proposed sign program shall comply with the purpose and intent of this subchapter; 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and /or developments they identify, and to surrounding development when applicable; 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; 4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants, Ordinance 1359 - Page 3 5. The sign program shall comply with the standards of subchapter 153.170, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter; 6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and 7. Review and approval of a comprehensive sign program shall not consider the signs' proposed message content. F. Findings. In order to approve a comprehensive sign program the following findings shall be made: 1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines; 2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development; 3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and 4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and /or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter. G. Revisions to Comprehensive Sign Programs. The Community Development Director may approve revisions to a comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new /revised comprehensive sign program by the Planning Commission." SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. Ordinance 1359 - Page 4 PASSED AND APPROVED ON THE _ day of , 2013 MANUEL LOZANO, MAYOR FWAVINUMN mswz► Ordinance 1359 - Page 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on 1 2013. Thereafter, said Ordinance No. 1359 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBER.- NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: q►OIT".15 ALEJANDRA AVILA, CITY CLERK