3 C. “Hosting platform” means any marketplace or forum, in any fo rm or format, which supports, promote s, or f acilitates rental activity through advertisin g, match-making or any other me ans, using any medium of communication, including electronic communication.
D. “Rent” includes but is not limited to sublea se, and includes rental for any form of monetary or non -monetary considerati on, including but not limited to money, goods, or services, as well as in -kind exchanges of goods, services, or premises, including but not limited to home sharing and home exchanges.
8.95.030 - Prohibition on short term rentals.
It is unlawful for any person or entity to host, rent to any other person or entity, or advertise for any use, any residential dwelling, or any portion of a residential dwelli ng, for a period of 30 consecutive days or less. This prohibition does not apply to the rental of rooms or units in licensed and permitted hotels, motels, inns, bed and breakfasts, or boarding houses.
8.95.040 - Violations and penalties; public nuisance.
A. Any violation of this Chapter co nstitutes a misdemeanor, pun ishable pursuant to Chapter 1.12 (General Penalty), at the dis cretion of the city prosecutor, and any violation of this Chapter is subject to an administrative citation, at the discret ion of th e city, pursuant to Chapter 1.15 (Administrative Fines). When imposing administrative fines, the enforcement officer may determine in his or her discretion whether the violation would otherwise constitute a misdemeanor or infraction and may impose the corresponding fine.
B. Any violation of this Chapter constitutes a public nu isance and, as such, may be a bated or enjoined , in a ccordance with applicable law , including but not limited to , the procedures set fort h in Chapter 8.50 as reasonably applied to the enforcement of this chapter.
1. The person causing, permitting or maintaining the nuisance, as wel l as the property owner where the nuisance occurs, shall be liable for all costs to abat e such publi c nuisance as provided i n Chapter 8. 50, including but not limited to sta ff costs, administrat ive expenses, actual abatement costs, co urt costs and attorneys ' fees pursuant to Chapter
1.12.040.
C. The remedies descr ibed in this section are intended to be cumulative and not exclusive. Pursuit of any one remedy shall not preclude th e city from availing itself of any or all administrative, civil, criminal, or other remedies, at law or equity, in lieu of or in conjunction with each other.
D. Any violation of the provisions of this chapter sh all con stitute a sep arate offense for each and e very day during which such violation is caused,
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4 permitted or maintained.
SECTION 3. Chino Municipal Code Section 1.15.080 is hereby amended to read in its entirety as follows:
1.15.080 - Administrative fine – payment and hardship waiver for infraction fines.
A. A fine shall be payable to th e city and paid as indic ated on the administrat ive citation within fifteen c alendar days from the date the administrative citation is issued.
B. Payment of a fin e shall no t excuse the citee from correcting the code viol ation.
The issuance of an administrative citation and/or pay ment of a fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected.
C. In th e event th at a fi ne imposed pu rsuant to an administrative citation remains unpaid for ninety da ys after such administra tive citation is issued , the amount of such fine shall be doubled as a late penalty and become due immediately. In the event the citee r equests an administrative hearing pursuant to section 1.15 .090, the late penalt y will be assess ed if the fine remains u npaid sixty days after final decision by the hearing officer, as provided herein.
D. In the event the citee is fined for any violation of Chapter 8.95 (Sh ort Term Rentals), or is fined for a second or subsequent violation of any other provision of this code within one year of the first violation, and the violation would otherwise constitute an infraction, then the citee may submit a request for a Fine Hards hip Waiver to reduce some or all of the amount of the fin e within five days from the date the administrative citation is issued. The request shall be submitted with the City’s Director of Deve lopment Services or his or her design ee on a Fine Hardship Waiver application form available fro m the City Clerk together with all supporting docu ments demonst rating to t he satisfactio n of the Director of Development Services or his or her designee that the citee has made a bona fide effort to comply after the first v iolation and the payment of th e full amount of the fine would impose an undu e financial bu rden on the citee. Documents suitable for consi deration demonstrating the citee’s bona fide ef fort to comply may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the effo rts at testing to the compliance eff orts made, copies of receipts, contracts, work orders, o r other documentation reflecting compl iance efforts made. Documents suitable fo r consideration demonstrating the citee’s undue financial burden if required to pay t he fine may include, without limitation, a declaration att esting to the undue fina ncial bur den and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year , financial statemen ts, loan applications, bank account records, and income and expense records for 12 months preceding submittal of the Fine Hardship Waiver application. The documents may and should be submitted with redactio ns for private information, such as social
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5 security nu mber in formation and accoun t numbers. After a determination is made on the citee’s Fine Hardship Waiver application, the Cit y will dest roy the documents submitted by a person for a Fine Hardship Waiver without prior notice to the person.
E. The Director of Development Services or his or her designee shall issue a written decision specifying the reasons for not granting the Fine Hardship Waiver, or if the Fine Ha rdship Waiver is granted, the reasons for granting the Fine Hardship Waiver with an explana tion of the r educed amoun t of the fin e imposed. The decision shall be served upon the citee pursuant to section 1.15.060 or via email if the cite consents in writin g to email service. The decision shall be deemed served on the date o f personally servi ng, mailing, posting, or ema iling as the case may be . The citee shall remit any fine amou nt owing within ten days of service of the written decision.
F. The citee’s failure to file a completed Fine Hardship Wa iver application form with supporting documents w ithin five days after service of the administra tive citation shall constitute a waiver of the right to receive a Fine Hardship Waiver.
G. Should the citee be granted a Fine Har dship Waiver, the amount in the written decision shall be c ontrolling for purpos es of the deposit required for a n administrative hearing pursuant to section 1.15.090.
SECTION 4. Chino Municipal Code Section 1.15.090, subdivision C, is hereby amended to read in its entirety as follows:
C. In the event the citee file s a timely and com plete request form and pays the required deposit, the d irector or designee shall advise th e citee i n a notice by mail, no later th an five days after receiving the ci tee's request, of the date, time, and loca tion set for the hearing. However, in the event t hat t he cite submits a timely and proper Fine Hardsh ip Waiver application as provided in se ction
1.15.080, the director or designee shall ad vise the citee in a notic e by mail, no later than five days after the decision on the Fin e Hardship Waiver, of the d ate, time, and location set for the hearing. The hearing shall be set on a date no less than ten days and no more than forty-five days after the date of the notice unless otherwise agreed upon by the city and the citee.
SECTION 5. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of co mpetent jurisdiction, such decision shall not affect the validity of the rema ining portions of this Ordinance. The C ity Council hereby declares t hat it would ha ve adopted this Ordin ance, and each section, subsection, sub division, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, s ubsections, su bdivisions, sentences, cla uses, phrases or portions mig ht subsequently be declared invalid or unconstitutional.
SECTION 6. CEQA. The City Council finds that this ordinance is not s ubject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the
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6 activity will not result in a direct or reaso nably foreseeable ind irect physical change in the environmen t) and 15060(c)(3) (the activity is not a project as defined in Section 15378) o f the C EQA Guidelines, Californi a Code of Regu lations, Tit le 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 7. Effective Date. This Ordinance sha ll be posted or publi shed as required by law and shall take effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 1ST day of November 2022.
_____________________________
EUNICE ULLOA
MAYOR
ATTEST:
_____________________________
ANGELA ROBLES
CITY CLERK
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7 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Angela Robles , City Clerk of the City of Chino , do herby certify that the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 1st day of November, 2022, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this ____ day of _________ 2022.
_____________________________
ANGELA ROBLES
CITY CLERK
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ADOPT ORDINANCE NO. 2022 -015, AMEND ING TITLE 15 (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -015 on second reading, amending Title 15 of the Chino Municipal Code adopting new Building Codes.
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
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COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: ADOPT ORDINANCE NO. 2022-015, AMENDING TITLE 15 (SECOND READING) PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their October 18, 2022 meeting.
The Building Standards Commission recently adopted the 2022 Edition of the California Building Code. By law, all California cities and counties must adopt and enforce the updated building codes. By adopting the new codes, the City is exercising responsible long-range planning.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2022-015:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24 , INCLUDING THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY
CODE, CALIFORNIA GREEN BUILDING STANDARDS C ODE, CALIFORNIA EXISTING
BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
Attachment: Ordinance No. 2022-015
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ORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL
CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24 , INCLUDING THE 2022 EDITI ON OF THE
CALIFORNIA BUILDING CODE , CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA
ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE,
CALIFORNIA EXISITNG BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
WHEREAS, the City reviews and updates the provisions of Title 15, Buildings and Construction, from time to tim e to ensure that the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Chino.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY DOES ORDAIN AS FOLLOWS:
Section 1: Title 15 of the Chino Municipal Code is hereby repealed in its entirety and replaced with the following amended provisions to read as follows:
TITLE 15 – BUILDINGS AND CONSTRUCTION
Chapter 15.01 - FINDINGS
Sections:
15.01.010 - Findings.
15.01.010 - Findings.
The city council finds that the requirements set forth in this title are reasonable and necessary modifications because of climatic, geological, and topographical conditions within the Cit y of Chino.
The "findings of need" contained herein address e ach of these conditions and present the local situations which cause the established amendments to be adopted.
A. The community experiences frequent low humidity, summer temperatures exceeding one hundred degrees Fahrenheit, and severe Santa Ana winds rea ching gusts of ninety miles per hour. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread because of the climate and vegetation.
B. The community periodi cally experiences drought and a resultant limited water supply .
The limited rainfall and storage capacities, and continued consumption demands require sound management of water resources and conservation where possible. There is a need for changes and modi fications in the California Building and California Plumbing
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Code, which w ill contribute to water conservation and water for suppression of large fires.
C. The community is located in an area of continuing seismic activity. Exist ing and planned development is at risk from damage and fire because of this activity.
D. The config uration and type of existing development require additional review. Wood construction, including wood shingle and wood shake roofing, presents extreme adverse fire conditions as does the close proximity of some buildings.
E. There are a number of signific ant barriers and obstructions to quick emergency response. These include: increased vehicular traffic on surface streets; additional traffic signals; freeway, expressways, and storm drain channels which bisect the city; and the California Insti tution for M en. Existing older streets were in some cases designed as storm drains and become impassable during heavy rainfall.
F. The community is located in an air quality nonattainment region. Research conducted by the South Coast Air Quality Managemen t District a nd reflected in the 2016 Air Quality Management Plan, describes emissions and pollutants caused by incomplete combustion of wood burning devices, such as fireplaces. Emissions and po llutants may be greatly reduced with the use of gas -fired type fireplaces. Clean air vehicles, such as CNG (compressed natural gas) automobiles, also reduce emissions and pollutants.
Installation of a gas line within a private garage to provide for future CNG vehicles will allow for these types of reductions.
G. According to th e California Department of Developmental Services, drowning is the number one cause of accidental death for children under the age of five in California .
Each year, near -drowning inc idents result in life -long disabilities. Between 20 10 and 2019, there was an average of 3,957drownings annually in the United States. Well - designed pool barriers can reduce accidental drowning deaths and injuries.
Chapter 15.02 - ADMINISTRATIVE CODE
Sections:
15.02.010 - Adopted.
15.02.020 - Additions, deletions and amendments.
15.02.030 - Building Code—Incorporated.
15.02.040 - Permit fees.
15.02.010 - Adopted.
There is hereby adopted by reference the Uniform Administrative Code, 1997 Edition. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the Uniform Administrative Code, 1997 Edition, is adopted as the Uniform Code of Administration of the various other building and structural codes adopted in this chapter. This code will replace the administrative and enforcement provisions of the other codes. Each and all regulations in the code are referred to, adopted, and made a part thereof as though fully set out in this section, excepting such portions as are deleted, modified or amended by this chapter.
15.02.020 - Additions, deletions and amendments.
The Uniform Administrative Code, adopted by Section 15.02.010, is amended as set out in this chapter.
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15.02.030 - Building Code—Incorporated.
Amendments to the 2022 California Building Code, as detailed in Chapter 15.04 of this title, are referenced and incorporated into the corresponding sections of the 1997 Uniform Administrative Code.
15.02.040 - Permit fees.
All permit fees shall be evaluated every three years and be set by resolution of the city council.
Chapter 15.04 - BUILDING CODE
Sections:
15.04.010 - Adopted.
15.04.020 - Additions, deletions and amendments.
15.04.030 - Section 501.2 amended—Address identification.
15.04.040 - Section 705.8.7 added—Industrial building doorways.
15.04.050 - Section 903.2 amended—Automatic sprinkler systems.
15.04.059 - Section 3109.2 amended—Definition of swimming pool.
15.04.060 - Section 3109.2.1 added—Applicability to residential settings.
15.04.061 - Section 3109.3 added—Residential swimming pools.
15.04.062 - Section 3109.3.1 added—Barrier height and clearances.
15.04.063 - Section 3109.3.2 added—Indoor swimming pools.
15.04.180 - Chapter 1, Division II, Section 105.2 amended—Work exempt from permit.
15.04.181 - Chapter 1, Division II, Section 109.1 amended—Payment of fees.
15.04.182 - Chapter 1, Division II, Section 109.2.1 added—Permit fees.
15.04.183 - Chapter 1, Division II, Section 109.2.2 added—Plan review fee.
15.04.184 - Chapter 1, Division II, Section 109.2.3 added—Inspection fee.
15.04.185 - Chapter 1 , Division II, Section 109.4.1 add ed—Work commencing before permit issuance penalty.
15.04.186 - Chapter 1, Division II, Section 109.6 amended—Refunds.
15.04.191 - Appendix J—Definition of Building Official.
15.04.192 - Section J103.1 amended—Permits required.
15.04.010 - Adopted.
There is adopted by re ference the 20 22 California Building Code, incorporating the 20 21 International Building Code, Volumes I, II, including Chapter 1, Division II, and appendices C, I, and J. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Building Code, 2022 Edition, Volumes I, II as copyrighted 20 22 by the International Code Council, is adopted as the Building Code of the City of Chino, for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city of Chino, providing for the issuance of permits therefor; and each and all such regulations are referred to, adopted and made part hereof as though fully set out in this section, excepting such portions as are hereinafter deleted, modified, or amended by this chapter.
15.04.020 - Additions, deletions and amendments.
The California Building Code, adopted by Section 15.04.010, is amended as set out in this chapter.
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15.04.030 - Section 502.1 amended—Address identification.
Section 502.1 of the California Building Code is amended to read as follows:
502.1 Address identification. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers sha ll contrast with their background. Address numbers shall be numerals or alphabetical letters. Numbering for one and two -family residential dwellings shall be four inches (102 mm) high with a minimum stroke width of one -half inch (12.7 mm). Numbering for bu ildings other than one and two -family residential dwellings shall be a minimum of eight inches (203 mm) high with a minimum stroke width of one inch (25.4 mm).
Address identification shall be maintained.
15.04.040 - Section 705.8.7 added—Industrial building doorways.
Section 705.8.7 is added to the California Building Code and shall read as follows:
705.8.7 Industrial building doorways. When adjoining industrial properties are owned by the same person or entity, the fire-resistive exterior walls of an existing industrial building located within the ten feet of the common property line may contain a doorway provided that the following conditions must be met:
a. The doorway would be permitted if the common property line did not exist. b. The plans for th e construction of the doorway must be approved and a building permit issued by the building official who is authorized to require reasonable fire p rotection measures as a condition of the issuance of the building permit. c. Prior to the issuance of a buil ding permit, the owner must record a covenant as to each property that, upon the sale of the property, the fire-resistive exterior wall shall be restored to meet the requirements of this section for each property qualifying for such doorway.
15.04.050 - Section 903.2 amended—Automatic sprinkler systems.
Section 903.2 of the California Building Code is amended by adding the following three paragraphs:
In addition to the requirements of Section 903, fire sprinklers are required for the constru ction of buildings five thousand square feet or more, regardless of fire walls, except for Group R -3 (one- and two-family dwelling) and Group U accessory to Group R-3 occupancies.
Fire Sprinklers are required when additions exceed five thousand square fee t. When the addition is less than fifty percent of the original building square footage, the addition shall be equipped with a sprinkler system. When the addition is fifty percent or greater than the original building square footage, the entire structure shall be equipped with a sprinkler system.
Alternate automatic fire extinguishing systems complying with sections 904 of the California Building Code may be permitted in lieu of automatic sprinkler protection where recognized and approved by the Building Official and the Fire Marshall.
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15.04.059 - Section 3109.2 amended—Definition of swimming pool.
The definition of "swimming pool" in Section 3109.2 of the California Building Code is amended to read as follows:
"Swimming pool" Any structure intended for swimming, rec reational bathing, wading, or other purposes, that contains water over eighteen inches (457 mm) deep. This includes in -ground, above-ground and on -ground pools; hot tubs; spas, fixed -in-place wading pools, wat er fountains, or any other constructed water feature.
15.04.060 - Section 3109.2.1 added—Applicability to residential settings.
Section 3109.2.1 is added to the California Building Code and shall read as follows:
3109.2.1 Applicability to residential settings. Notwithstanding anything to the contrar y in this code, the provisions of Chapter 31 this code shall apply to all residenti al single-family homes.
15.04.061 - Section 3109.3 added—Residential swimming pools.
Section 3109.3 is added to the California Building Code and shall read as follows:
3109.3 Residen tial swimming pools. The provisions o f this section apply to the design and construction of barriers for swimming pools located on the premises of Group R, 3 occupancy and shall comply with Sections 3109.3.1 through 3109.3.3.
15.04.062 - Section 3109.3.1 added—Barrier height and clearances.
Section 3109.3.1 is added to the California Building Code and shall read as follows:
3109.3.1 Barrier height and clearances. An outdoor swimming pool shall be provided with a barrier that shall be install ed, inspected, and approved prior to plastering or filling the pool with water. The top of the barrier shall be at least sixty inches (1,524 mm) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches (102 mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than forty-five inches (1,143 mm) apart, the horizontal members shall be placed on the pool side of the barrier.
Any decorative design work on the side away from the swimming pool such as protrusions, indentations or cutouts, which renders the barrier easily climbable, is prohibited. 3109.3.1.1 Openings. Openings in the bar rier shall n ot allow passage of a four -inch (102 mm) diameter sphere.
EXCEPTIONS:
a. When vertical spacing between such openings is forty -five inches (1,143 mm) or more, the opening size may be increased such that the passage of a four -inch (102 mm) diameter sphere is not allowed.
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b. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (102 mm) when the distance between the top and bottom of horizontal members is forty-five inches (1,143 mm) or more. 3109.3.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3.1.3 Chain link fences. Chain link fences used as the barrier shall not be less than eleven gauge, with an approved filler material interwoven between openings that provide a smooth surface free of foot and hand holds.
3109.3.1.4 Access gates. Access gates shall comply with the requiremen ts of 3109.3.1 through 3109.3.1.3 and in no case shall any gate have a width greater than four feet (1,290 mm). Any access gate through the barrier must swing away from the pool or spa. Pedestrian access gates shall be self-closing and have a self -latching device. Where the release mechanism of the self - latching device is located less than fifty -seven inches (1,448 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barr ier at least three inches (76 mm) below the top of t he gate, and (2) the gate and barrier shall have no opening greater than one half inch (12.7 mm) within eighteen inches (457 mm) of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
3109.3.1.5 Dwelling wall as a barrier. Where a wall of a Group R, Division 3 Occupancy dwelling unit serves as part of the barrier and contains door ope nings between the dwelling unit and the outdoor swimming pool that provides direct access to the pool, a separation fence meeting the requirements of Section 3109.3.1 shall be provided.
EXCEPTIONS: When approved by the Building Official, two of the following may be used. a. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
b. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a g ate that is self-closing and self-latching and can accommodate a key lockable device. c. An approved safety pool cover, as defined in subdivision (d) of Section 115921. d. Exit alarms on the private single -family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” e. A self-closing, self-latching device with a rel ease mechanism placed no lower than 54 inches above the floor on the private single -family home’s doors providing direct access to the swimming pool or spa.
f. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. T he alarm sha ll meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarm s. A swimming protection alarm feature d esigned for individual use,
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including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
g. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features estab lished by the ASTM or the American Society of Mechanical Engineers (ASME). 3109.3.1.6 Pool structure as a barrier. Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of acc ess is a ladder or steps, the (1) the lad der or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1 through 3109.3.1.4. Wh en ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four -inch- diameter (102 mm) sphere.
15.04.063 - Section 3109.3.2 added—Indoor swimming pools.
Section 3109.3.2 is added to the California Building Code and shall read as follows:
3109.3.2 I ndoor swimmi ng pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.5.
15.04.180 - Chapter 1, Division II, Section 105.2 amended—Work exempt from permit.
Section 105.2 of Division II of Chapter 1 of the Ca lifornia Building Code is amended to read as follows:
105.2 Work exempt from permit. A building permit will not be required for the following:
1. One story detached accessory structures used as tool and storage sheds, gazebos, playhouses, temporary tents, and similar uses, provided the floor area does not exceed one hundred twenty square feet and has all the required yards.
2. Oil derricks.
3. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over five feet, nine inches in height.
4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons.
5. Platforms, decks, walks, and driveways not more than thirty inches above grade and not over any basement or story below and are not part of an accessible route.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Temporary motion picture, television, and theater stage sets and scenery.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 152
ORDINANCE NO. 2022-015
8. Window awnings supported by an exterior wall that do not project mor e than 54 in ches from the exterior wall and do not require additional support of Group R -3 and U occupancies.
9. Prefabricated swimming pool s accessory to a Group R, Division 3 Occupancy that are less than eighteen inches deep, do not exceed five thousand gallons, and are installed entirely above the ground.
10. Block walls and fences less than three feet in height.
11. Retaining walls under eighteen inches in height.
12. Swings and other playground equipment accessory to detached one - and two -family dwellings.
13. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
14. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
Unless otherwise exempted by this code, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. Exemp tion from the permit requirements of this code shall not be deemed to grant authorization for any work to be in violation of any other l aws or ordinances of this jurisdiction.
15.04.181 - Chapter 1, Division II, Section 109.1 amended—Payment of fees.
Section 109.1 of Division II of Chapter 1 of the California Building Code is amended to read as follows:
109.1 Payment of fees. The appli cation plans , and specifications and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall be reviewed by other departments of the city to verify compliance with any applicable laws or ordinances under their jurisdi ction. If the Building Official finds that the work described in an applica tion for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code, and other pertinent laws and ordinances, and tha t the fees s pecified in Section 109.2.1 and the fees required by other departments of t he city have been paid, he shall issue a permit therefor to the applicant.
15.04.182 - Chapter 1, Division II, Section 109.2.1 added—Permit fees.
Section 109.2.1 is a dded to Divi sion II of Chapter 1 of the California Building Code and shall read as follows:
109.2.1 Permit fees. A fee for each building permit shall be paid to the Building Official as set forth in a resolution adopted by the city council.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 153
ORDINANCE NO. 2022-015
15.04.183 - Chapter 1, Division II, Section 109.2.2 added—Plan review fee.
Section 109.2.2 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.2 Plan review fee. When a plan or other data is required to be submitted by Section 107, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be at an amount set by resolution of the city council.
15.04.184 - Chapter 1, Division II, Section 109.2.3 added—Inspection fee.
Section 109.2.3 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.3 Inspection fee. That in lieu of the permit fees otherwise provided for in this section, the fee for the i nspection of a structure to be moved into t he City shall be paid as set by resolution of the city council.
15.04.185 - Chapter 1, Division II, Section 109.4.1 added —Work commencing before permit issuance penalty.
Section 109.4.1 is added to Division II of Chapter 1 of th e California Building Code and shall read as follows:
109.4.1 Work commencing before permit issuance penalty. When the building official has determined that work which requires a permit by this code has commen ced prior to permit issuance, a penalty equal to double the cost of the permit, may be charged.
15.04.186 - Chapter 1, Division II, Section 109.6 amended—Refunds.
Section 109.6 of Division II of Chapter 1 of the California Bu ilding Code is amended to read as follows:
109.6 Refunds. The Building Off icial may authorize refunding of any fee paid hereunder in accordance with the department policies and procedures.
15.04.191 - Appendix J—Definition of Building Official.
Throughout Appendix J of the California Building Code where the word "Building Offi cial" appears it shall be amended to read "City Engineer.”
15.04.192 - Section J103.1 amended—Permits required.
Section J103.1 of the California Building Code is amended to read as follows:
Except as exempted in Section J103.2, no grading shall be perform ed witho ut first having obtained a permit ther eof from the City Engineer. A grading permit does not include the construction of retaining walls or other structures.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 154
ORDINANCE NO. 2022-015
A fee for each grading permit shall be paid as set forth in the City of Chino's Comprehen sive Fee Schedule. Separate permits and fees sh all apply to retaining walls or major drainage structures as required elsew here in this code. There shall be no separate charge for standard terrace drains and similar facilities. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original per mit and the fee shown for the entire project.
When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the City of Chino's Comprehensive Fee Schedule. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.
For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.
Chapter 15.06 - RESIDENTIAL CODE
Sections:
15.06.010 - Adopted.
15.06.020 - Additions, deletions and amendments.
15.06.030 - Chapter 1, Division II, Section R105.2 amended—Work exempt from permit.
15.06.031 - Chapter 1, Division II, Section R105.3.1.1 deleted.
15.06.032 - Chapter 1, Division II, Section R108.1 amended—Payment of fees.
15.06.033 - Chapter 1, Division II, Section R108.2.1 added—Permit fees.
15.06.034 - Chapter 1, Division II, Section R108.2.2 added—Plan review fees.
15.06.035 - Chapter 1, Division II, Section R108.2.3 added—Inspection fee.
15.06.036 - Chapter 1, Division II, Section R108.5 amended—Refunds.
15.06.100 - Section R301.1.3.2 amended—Wood frame structures greater than two stories.
15.06.101 - Table R301.2(1) amended—Climatic and Geographic Design Criteria.
15.06.010 - Adopted.
There is adopted by reference the 2 022 California Resid ential Code, incorporating the 20 21 International Residential Code, including Chapter 1, Division II, and Appendix V. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Reside ntial Cod e, 2022 Edition, as copyrighted 20 22 by the International Code Council, is adopted as the Residential Code of the city of Chino, for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipment, use, height, area, and maintenan ce of all buildings and structures in the city of Chino, providing for the issuance of permits therefor; and each and all such regulations are referred to, adopted, and made part hereof as though fully set out in this section, excepting such portions as are hereinafter deleted, modified, or amended by this chapter.
15.06.020 - Additions, deletions and amendments.
The California Residential Code, adopted by Section 15.06.010, is amended as set out in this chapter.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 155
ORDINANCE NO. 2022-015
15.06.030 - Chapter 1, Division II, Section R105.2 amended—Work exempt from permit.
Section R105.2 of the California Residential Code is amended to read as follows:
R105.2 Work exempt from permit. A building permit will not be required for the following:
1. One story detached accessory structures used as tool and storage sheds, gazebos, playhouses, temporary tents, and similar uses, provided the floor area does not exceed one hundred twenty square feet and has all the required yards.
2. Oil derricks.
3. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over five feet, nine inches in height.
4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons.
5. Platforms, decks, walks, and driveways not more than thirty inches above grade and not over any basement or story below.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Temporary motion picture, television, and theater stage sets and scenery.
8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R -3 and U occupancies.
9. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are less than eighteen inches deep, do not exceed five thousand gallons, and are installed entirely above the ground.
10. Block walls and fences less than three feet in height.
11. Retaining walls under eighteen inches in height.
12. Swings and other playground equipment accessory to detached one - and two -family dwellings.
13. Sidewalks and driveways.
14. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4
Unless otherwise exempted by this code, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be in violation of any other laws or ordinances of this jurisdiction.
15.06.031 - Chapter 1, Division II, Section R105.3.1.1 deleted.
Chapter 1, Division II, Section R105.3.1.1 of the California Residential Code is deleted.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 156
ORDINANCE NO. 2022-015
15.06.032 - Chapter 1, Division II, Section R108.1 amended—Payment of fees.
Section R108.1 of the California Residential Code is amended to read as follows:
R108.1. Payment of fees. The application plans, and specifications and ot her data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall be reviewed by other departments of the City to verify compliance with any applicable laws or ordinances under their jurisdiction. 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 code, and other pertinent laws and ordinances, and that the fees specified in Section 108.2.1 and the fees required by other departments of the City have been paid, he shall issue a permit therefor to the applicant.
15.06.033 - Chapter 1, Division II, Section R108.2.1 added—Permit fees.
Section R108.2.1 is added to the California Residential Code and shall read as follows:
R108.2.1 Permit fees. A fee for each building permit shall be paid to the Building Official as set forth by resolution of the city council.
15.06.034 - Chapter 1, Division II, Section R108.2.2 added—Plan review fees.
Section R108.2.2 is added to the California Residential Code and shall read as follows:
R108.2.2 Plan review fee. When a plan or other data is required to be submitted by Section 106 a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plans review fee shall be set by resolution of the city council.
15.06.035 - Chapter 1, Division II, Section R108.2.3 added—Inspection fee.
Section R108.2.3 is added to the California Residential Code and shall read as follows:
R108.2.3 Inspection fee. That in lieu of the permit fees otherwise provided for in this section, the fee for the inspection of a structure to be moved into the City shall be paid as set by resolution of the city council.
15.06.036 - Chapter 1, Division II, Section R108.5 amended—Refunds.
Section R108.5 of the California Residential Code is amended to read as follows:
R108.5 Refunds. The building official may authorize refunding of any fee paid hereunder in accordance with the department policies and procedures.
15.06.100 - Section R301.1.3.2 amended —Wood frame structures greater than two stories.
Section R301.1.3.2 of the California Residential Code is amended to read as follows:
R301.1.3.2 Wood frame structures greater than two stories. The building offi cial shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories in height located in
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 157
ORDINANCE NO. 2022-015
Seismic Design Category A, B, or C. Notwithstanding other sections, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height located in Seismic Design Category D 0 , D 1 , D 2 , or E.
15.06.101 - Table R301.2(1) Amended—Climatic and Geographic Design Criteria.
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORY f
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e
ICE
BARRIER
UNDER-
LAY-
MENT
REQUIRED h
FLOOD
HAZARDS g
AIR
FREEZING
INDEX i
MEAN
ANNUAL
TEMP j Speed d
(mph)
Topo-
graphic
effects k
Weathering a Frost line
Depth b Termite c
Zero 110 No D 2 or E Negligible 12-24" Very
Heavy 43 No See
footnote g 0 60
Footnotes: For S1: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weatheri ng index (i.e., "negligible," "moderate" or "severe") f or concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the ta ble to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(4)]. Win d exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic desig n category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (d ate of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 158
ORDINANCE NO. 2022-015
Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. (a) Chino became a "Co mmunity" per the National Flood Insurance Program (NFIP) on June 30, 1976 .....Community No. is 060272A/060272.
(b) The latest Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) is August 28, 2008.
(c) Plan Numbers of applicable FIRMs for our community are: 06071C: 8615H, 8616H, 8620H, 9330H, 9335H, 9345H, and 9375H.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, wh ere there has been a history of local damage from the effects of ice dam ming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezi ng Index-USA M ethod (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R30 1.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall in dicate "NO" in this part of the table.
Chapter 15.08 - MECHANICAL CODE
Sections:
15.08.010 – Adopted.
15.08.020 – Chapter 1, Division II, Section 104.5 amended—Permit Fees.
15.08.010 - Adopted.
There is adopted by reference the 20 22 California Mechanica l Cod e incorporating the 20 21 Uniform Mechanical Code, including Chapter 1, Division II. That certain document, three copies of which are on file with the city of Chino, being designated and mark ed as the California Mechanical Code, 2022 Edition, copyrighted 2021 by the International Association of Plumbing and Mechanical Officials is adopted for regulati ng the installation, maintenance, and repair of heating and cooling within the city of Chino a nd prescribing standards of inspection therefor, and each and all such regulations are referred to, adopted and made a part hereof, as though fully set out in this chapter.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 159
ORDINANCE NO. 2022-015
15.08.020 - Chapter 1, Division II, Section 104.5 amended—Permit Fees.
Chapter 1, Division II, Section 104.5 of the California Mechanical Code is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provision s of this section and as designated in the fee schedule adopted by resolution of the city council.
Chapter 15.12 - INTERNATIONAL PROPERTY MAINTENANCE CODE Sections:
15.12.010 - Adopted.
15.12.020 - Additions, deletions and amendments.
15.12.030 - Section 101.1 amended—Title.
15.12.050 - Section 103.3 amended—Fees.
15.12.051 - Section 112.4 amended—Failure to comply.
15.12.052 - Section 303 deleted—Swimming pools, spas and hot tubs.
15.12.060 - Reserved.
15.12.062 - Section 304.14 amended—Insect screens.
15.12.064 - Section 602.3 amended—Heat supply.
15.12.066 - Section 602.4 deleted—Occupiable work spaces.
15.12.010 - Adopted.
There is hereby adopted by r eference the Internat ional Proper ty Maintenance Code, 20 21 Edition. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the International Property Maintenance Code, 20 21 Edition, sponsored by the International Code Co uncil, is ad opted as the In ternational Property Maintenance Code of minimum requirements of residential buildings and pro viding for enforcement thereof and penalties for violations of such code, and each and all the regulations, provisions, penalties, conditions and t erms of such In ternational Property Maintenance Code, 2021 Edition, are referred to, adopted and made a part hereof as though f ully set forth in this chapter.
15.12.020 - Additions, deletions and amendments.
The International Property Maintenance Code adopted by Section 15.12.010, is amended as set out in this chapter.
15.12.030 - Section 101.1 amended—Title.
Section 101.1 of the International Property Maintenance Code is amended as follows:
101.1 Title. These regulat ions shall be known a s the Intern ational Property Maintenance Code of the city of Chino, herein referred to as "this code."
15.12.050 - Section 103.3 amended—Fees.
Section 103.5 of the International Property Maintenance Code is amended as follows:
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 160
ORDINANCE NO. 2022-015
103.5 Fees. The fees for activities and services performed by the City of Chino in carrying out its responsibilities under this code shall be indi cated in the most current adopted User Fee Schedule.
15.12.051 - Section 110.4amended—Failure to comply.
Section 110.4of the International Property Maintenance Code is amended as follows:
110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to administrative citations as set forth in section 1.15 of the Chino Municipal Code, or any successor ordinance.
15.12.052 - Section 303 deleted—Swimming pools, spas and hot tubs.
Section 303 of the International Property Maintenance Code is deleted.
15.12.060 - Reserved.
15.12.062 - Section 304.14 amended—insect screens.
Section 304.14 of the International Property Maintenance Code is amended to read as follows:
304.14 Insect screens. At all times , every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, or any areas where product s to be included or utilized in food for human cons umption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum sixteen mesh per inch and every screen door used for insect control shall have a s elf-closing device in good working condition.
15.12.064 - Section 602.3 amended—Heat supply.
Section 602.3 of the International Property Maintenance Code is amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who occ upies, rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants at all times to maintain a minimum temperature of sixty-eight degrees F in all habitable rooms, bathrooms and toilet rooms.
15.12.066 - Section 602.4 deleted—Occupiable work spaces.
Section 602.4 of the International Property Maintenance Code is deleted.
Chapter 15.16 - ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.16.010 - Adopted.
15.16.011 - Section 202.1 added—Immediate hazardous condition.
15.16.020 - Section 801.1 amended—Procedure.
15.16.030 - Section 801.2 amended—Costs.
15.16.040 - Sections 802.1 and 802.2 deleted.
15.16.050 - Section 901 amended—Expense account for repair or demolition.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 161
ORDINANCE NO. 2022-015
15.16.010 - Adopted.
There is hereby adopted by refere nce the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. That certain document, three copies of which are on file with the city of Chino, is d esignated and marked as the Uniform Code for the Abatement of Dangerous Buildings, whereby bui ldings and structures th at endanger the life, limb, health, morals, property, safety or wel fare of the general public or their occupants may be required to be repaired, vacated or demolished.
15.16.011 - Section 202.1 added—Immediate hazardous condition.
Section 202.1 is added to the Uniform Code for the Abatement of Dangerous Buildings and shall read as follows:
202.1 Immediate Hazardous Condition. Whenever the Building Official determines by inspection that a structure constitutes an immediate hazardo us condition, the Building Official shall first make a reasonable effo rt to locate and noti fy the owner or other p ersons having charge or control of the structure . If neither can be located, the Building Official shall issue an order directed to the owner or other person in control of the structure to have the hazardous cond ition either removed or repaired immediately. If no one in charge of the structure can be lo cated, the Building Official shall order the hazardous condition abated either by City personn el or by a private contractor.
Recovery of cost of repair or removal shall be as specified in Section 905.
15.16.020 - Section 801.1 amended—Procedure.
Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
801.1 Procedure. When any work or repair or demolition is to be done pursuant to Section 701.3 of this code, the Building Official shall issue his order th erefor and the work shall be accomplished by City personnel or by private contract. Plans and specifications therefor may be prepared with architectural and enginee ring assistants on a contract basis. If any part of the work is to be accomplished by privat e contract, standard contractual procedures shall be followed.
15.16.030 - Section 801.2 amended—Costs.
Section 801.2 of the Uniform Code f or the Abatement of Da ngerous Buildings is amended to read as follows:
801.2 Costs. The cost of such work may be paid by a special assessment against the property involved, or may be made a personal obligati on of the property owner, whichever the city council shall determine is appropriate.
15.16.040 - Sections 802.1 and 802.2 deleted.
Sections 802.1 and 802.2 of the Uniform Code for the Abatement of Dangerous Buildings are deleted.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 162
ORDINANCE NO. 2022-015
15.16.050 - Section 901 amended—Expense account for repair or demolition.
Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Where the phrase "Director of Public Works" appears, it shall be amended to rea d "Building Official."
Chapter 15.20 - HAZARDOUS AND UNSAFE COMMERCIAL BUILDINGS Sections:
15.20.010 - Definitions.
15.20.020 - Scope.
15.20.030 - Determination of compliance.
15.20.040 - Design and construction criteria.
15.20.050 - Maintenance of parapets or other appendages.
15.20.060 - Voluntary repairs or alterations—Compliance to California Building Code.
15.20.070 - Design criteria for buildings two or more stories in height.
15.20.080 - Immediately hazardous conditions—Notice to abate.
15.20.090 - Hazardous condition—Notice to abate.
15.20.100 - Expenses incurred by city—Collection.
15.20.110 - Reserved.
15.20.120 - Violation—Penalty.
15.20.010 - Definitions.
For the purposes of this chapter, the following words and phrases shal l have the meanings respectively ascribed to them in this section:
A. "A matter of personal s afety" means a situation where be cause of the conditions of a building or portions thereof a person or persons including the owner, tenants, or any occupants ther eof may be potentially in danger of loss of life, property, or physical personal injury.
B. "A mat ter of public safety" means a situation where, because of the condition of a building or portions thereof, a person or persons other than the owners and tena nts thereof are very likely to be in danger of loss of life, property, or physical injury.
C. "Commercial building" means any building used either partially or wholly for commerce at the inception date of this chapter.
D. "Hazardous building" means a bui lding or structure which is structurally inadequate as required by the provisions of this chapter, or is otherwise potentially dangerous to human life, safety, health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment.
E. "Immediately hazardous condition" means a condition involving a bu ilding or p ortions thereof that i f not immedi ately corrected constitutes a real, present and immediate danger to life, safety, or health of any person.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 163
ORDINANCE NO. 2022-015
F. Substandard building" means a building or portion thereof in which there exists defective conditions as required by the provisions of this chapter.
15.20.020 - Scope.
The provisions of this chapter apply to the construction, alteration, or repair of all comme rcial buildings either occupied or unoccupied within the city.
15.20.030 - Determination of compliance.
Whenever, in the opin ion of the b uilding official of the city, there is insufficient evidence of compliance with the provisions of this chapter, or th e building official has determined that there is insufficient evidence that a structure or met hods of con struction do not confo rm to all th e requirements of this chapter, the building official shall require tests and engineering as proof of compliance to b e made at the expense of the owner or his agent by an approved agency.
Copies of required test s or engine ering calculations sha ll be submit ted to the building department and shall be retained by such department in a permanent file.
15.20.040 - Design and construction criteria.
A. Every existing building constructed prior to May 26, 1933, except a building to which this chapter does not app ly, shall contain sufficient structural elements to resist and withstand horizontal forces from any direction of not less than either of the following, whichever is the greater:
1. Two percent of the total vert ical design load for buildings over forty feet in height from the top of their foundations, and three percent of the total vertical load for buildings less than forty feet in height from the top of their foundations;
2. Twenty pounds per square foot of wi nd pressure on the vertical projection of the exposed surface of every portion of the building more than sixty feet in height, and fifteen pounds per square foot of wind pressure on the vertical projection of the exposed surface of every portion of the building sixty feet or less in height.
B. In co mputing the resistance of any building to horizontal forces the stresses resulting from the combined vertical and hor izontal forces shall not exceed one and one -third times the allowable working stress as adopted and specified in the current building code or as amended.
15.20.050 - Maintenance of parapets or other appendages.
A. No building shall have any parapet or appendage attached to or supported by an exterior wall of the bui lding and located adjacent to a public wa y or to a way set apar t for exit from building or passage of pedestrians. If such parapet or appendage is not so adequately constructed, anchored, or b raced as to remain wholly in its original position in event of a n earthquake having the effect designed by Section 2305 of the California Building Code, compliance pursuant to Section 15.20.030 is required.
B. Whenever the building department determines b y inspection that an existing parapet or appendage is not so adequately constructed, anchored, or braced as to remain wholly in its original position, the building official shall, by written notice addressed to the owner,
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 164
ORDINANCE NO. 2022-015
person, or agent in control of the building, designate and describe the hazards and inadequacies of construction, anchorage, or bracing determined by such inspec tion and direct that the necessary correction be made to insure that all of the parapets or appendages remain in its original pos ition. Upon receipt of such notice, the owner, person, or agent in control of the building where such parapet exists shall:
1. Within thre e months from the date of such notice submit to the building department, for its review and approval, suitable correc tive plans; all such corrective plans shall have the intent of eliminating the parapet or appendage, or reconstructing such parapet or appendage so that it will conform structurally with the requirements of the California Building Code, or strengthening su ch parapet or appendage by bracing or other means so that it w ill resist the forces of an earthquake and remain in its original position;
2. Obtain the necessary alteration permit;
3. Within one year from the date of such notice, complete all work necess ary or ordered; however, the city council may, upon applicat ion to it for an extension of such one year p eriod, grant an extens ion of time not to exceed a total of three years from the date of such notice, where good cause is shown; the factors that the city council shall consider in determining whether an extension of time should be granted shall include, but not be limited to, the following factors:
a. The eminence and extent of the structural hazard and the degree of inadequacy of construction as determined by the city building division, b. The estimated cost to complete all work necessary or o rdered in comparison to the fair market value of the building in question,
c. The amount of progress, if any, shown by the applicant towards resolution of the problems described in the notice from the building division.
C. The city council may revoke an y extension of time granted hereun der, after n otice has been given to the applicant and public hearing held on the matter, at any time it determines that reasonable progress is not being made by the applicant to complete a ll work necessary or ordered.
15.20.060 - Voluntary repairs or alterations—Compliance to California Building Code.
All voluntary repairs or alterations shall be required to meet the standards, construction and engineering as provided in Chapter 1 Divis ion II of the California Building Code as ado pted by the city.
15.20.070 - Design criteria for buildings two or more stories in height.
It will be required that the owner or agent in control of all structures of two stories or more built prior to May 26, 1933, within the city shall be required to perform as follows:
A. Submit to t he building department within a period of three years from the effective date of this chapter adequate engineering, including calculations, based upon the design criteria as adopted in this chapter, which woul d justify the story or stories above the first
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floor remaining, or corrective plans to bring the structure up to a standard equal to or better than the adopted design criteria;
B. When the corrective plans have been approved, obtain the necessary alteration or repair permits;
C. Complete all of the w ork necessary so the structure will conform structurally to all requirements of the adopted criteria within a period not to exceed three and one -half years from the effective date of this chapter.
15.20.080 - Immediately hazardous conditions—Notice to abate.
Whenever the building department determines by inspection that a structure or structures constitutes all immediately hazardous conditi ons as defined in this chapter, the building official shall give written notice t o the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of thirty days to abate the hazard either by removal of the hazard or by repair or rehabilitation of the elements that constitut e the hazard . If structural repairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction crite ria as adopted by this chapter.
15.20.090 - Hazardous condition—Notice to abate.
Whenever the buildin g department determines by inspection that a structure or structures constitutes a hazardous condition as defined in th is chapter, the building official shall give written notice to the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of ninety days to abate the hazard either by removal of the hazard or by repair or rehab ilitation of the elements that constitute the hazard. If structural re pairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction criteria as adopted by this chapter.
15.20.100 - Expenses incurred by city—Collection.
Whenever such insufficient evidence or lack of co mpliance causes the city to incur a n expense in order to obtain proper evidence or full compliance in accordance with the provisions of this chapter, such cos ts or expenses shall be charged to the owner of t he premises involved as a special assessment on t he land on which the bu ilding or st ructure is located and shall be collected in the manner provided for special assessments.
15.20.110 - Reserved.
15.20.120 - Violation—Penalty.
It is unlawful for any perso n to enlarge, alter, repair, improve, convert , use, occupy, or maintain any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of this chapter.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 166
ORDINANCE NO. 2022-015
Chapter 15.24 - PLUMBING CODE
Sections:
15.24.010 - Adopted.
15.24.020 - Chapter 1, Division II, Section 1.4.5 amended—Fees.
15.24.030 - Gas piping for CNG vehicles.
15.24.010 - Adopted.
There is adopted by reference the 20 22 California Plumbing Code, incorporating the 20 21 Uniform Plumbing Code, including Chapter 1, Division II. That certain document, three copies of which are on file with the city of Chino, being designated and marked as the California Plumbing Code, copyrighted 2021 by the International Association of Plumbing and Mechanical Officials, is adopted for regulating the installation, maintenance and repair of plumbing within the city, and prescribing standards of insp ection therefor, and each and all such regula tions are referred to, adopted and made a part hereof as though fully set out in this chapter.
15.24.020 - Chapter 1, Division II, Section 104.5 amended—Fees.
Chapter 1, Division II, Section 104.5 of the California Plumbing Code is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth by resolution of the city council.
15.24.030 - Gas piping for CNG vehicles.
The following provision is added to the California Plumbing Code:
All newly constructed privately owned residential garages shall have a gas line and electrical outlet installed to a point along the garage wall that is near the vehicle's fuel opening so that compressed natural gas fueling of a vehicle could occur in the future without obstruction.
Chapter 15.28 - ELECTRICAL CODE
Sections:
15.28.010 - Adopted.
15.28.015 - Fees.
15.28.020 - Article 527 added—Temporary electrical power and lighting installations.
15.28.030 - Requirements for cable television wiring in residential dwelling units.
15.28.101 - Adopted.
There is adopted by reference the 2022 California Electrical Code, incorpora ting t he 2020 National Electrical Code. That certain document, three copies of which are on file with the city of Chino, being designated and marked as the California Electrical Code, 20 22 Edition, as copyrighted 2020 by the National Fire Protection Association, is adopted as the Electric Code of the city of Chino for regulating the installation, ma intenance and rep air of e lectrical wiring and equipment within the city and prescribing standards of inspection and requirements therefor; and each and all such regulations are referr ed to, adopt ed and made a p art hereof as though fully set out in this chapter.
15.28.015 - Fees.
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ORDINANCE NO. 2022-015
All permits shall be paid as set forth by Resolution of the City Council.
15.28.020 - Article 527 added—Temporary electrical power and lighting installations.
Article 527 of the California Electrical Code is amended as follows:
527 Temporary electrical power and lighting installations. a. During the Period of Construction. Temporary electrical power and lighting installations shall be permi tted d uring the period of construc tion, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. b. 80 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed eighty days, between November 1 and January 19, for decorative lighting and similar purposes.
c. Emergencies and Tests. Temporary electrical p ower and lighting installations shall be permitted during emergencies and for tests, experiments, and developmental work. d. Removal. Tempor ary wi ring s hall b e removed immediately upon completion of construction or purpose for which the wiring was installed.
15.28.030 - Requirements for cable television wiring in residential dwelling units.
The following provision is added to the California Electrical Code:
Each single-family occupancy and each occupancy of a multifami ly, Group R occupancy shall have installed therein a separate coaxial cable wiring system consisting of at least two outlet boxes, coaxial cable, junction boxes, and other necessary fixtures for the supply of Community Antenna Television (C.A.T.V.). The wiring system shall be installed such that a C.A.T.V. supply can be connected in the general vicinity of telephone service connections and said wiring system shall be installed in conformance with Article 820 of the California Electrical Code, 2021 Edition. The outlet boxes shall be located in the dwelling to the satisfaction of the building official so as to make best future use of the C.A.T.V. system.
Chapter 15.30 - EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING STATIONS (EVCS)
Sections:
15.30.010 - Intent and purpose.
15.30.020 - Title, words and phrases.
15.30.030 - Applicability.
15.30.040 - Expedited review process.
15.30.050 - Electronic submittals.
15.30.060 - Association approval.
15.30.070 - Permit application processing.
15.30.080 - Technical review.
15.30.090 - Checklist.
15.30.010 - Intent and purpose.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 168
ORDINANCE NO. 2022-015
The intent and purpose of this chapter is to adopt an expedited, streamlined e lectric vehicle charging system pe rmitting process to achieve timely and cost -effective installations of electric vehicle charging systems in c ompliance with California Government Code Section 65850.7 , Assembly Bill No. 970 and Assembly Bill N o. 1236. This chapter is designed t o encourage the use of electric vehicles by removing barriers, minimizing c osts to property owners and the city, and expanding the ability of property owners to install electric vehicle charging systems. This chapter allows the city to achieve these goals while protecting the public health and safety.
15.30.020 - Title, words and phrases.
This ordinance [from which this c hapter derives] shall be known as the City of Chino Electric Vehicle Charging Station Permit Expedit ing Ordinance. The terms, phrases, and words used in this chapter shall be construed in compliance with the de finitions set forth by California Government Code Section 65850.7.
15.30.030 - Applicability.
Electric vehicle charging stations which qu alify for expedited permit processing, pu rsuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the city's Electric Vehicle Charging Station Permit Expediting Ordinance.
15.30.040 - Expedited review process.
Consistent with Governm ent Code Sec tion 65850.7, the building official shall implement an expedited administrative permit review process for el ectric vehicle charging stations, and adopt a checklist of all requirements with which electric vehi cle charging stations shall comply w ith in order to be eligible for expedited review. The expedited administra tive permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the governor 's office of planning and research. The city's adopted checklist shall be published on the city's website.
A. EVCS Projects with 1 -25 stations: 5 bus iness days to deem an application complete or incomplete, once application is complete, 20 business days to issue an approval to build.
B. EVCS Projects with 26 or more stations: 10 business days to deem an app lication in/complete, 40 business days to issue an approval to build.
C. Parking Considerations: If EV Charging Stations and Support Equipment take place of parking spaces, city/county is required to reduce the number of required parking spaces.
15.30.050 - Electronic submittals.
Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accept ing such permit applicat ions, the buil ding o fficial shall al so accept electronic signatures on all forms, applications, and other docu mentation in lieu of a wet signature by any applicant.
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15.30.060 - Association approval.
Consistent with Government Code Section 65850.7, the building official shall not conditio n the approval for any electric vehicle charging station permit on the app roval of such a system by an association, as that term is defined by Civil Code Section 4080.
15.30.070 - Permit application processing.
A per mit a pplication that satisfies the in formation requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the require ments of the c ity's adopted checklist , and are co nsistent with all applicable laws, the building official shal l, consistent with Government Code Section 658 50.7, approv e the application and issue all necessary permits. All permit applications require a zon ing c learance determination. Such approval does n ot authorize an applicant to energize or utilize the electric vehicle charging station until approval is gr anted by the city. If the building official determines that the permit application is incomplete, he or s he shall issue a written correct ion notice t o the applicant, detailing all deficiencies in the applicatio n and any additional information required to b e eligible for expedited permit issuance.
15.30.080 - Technical review.
It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations, so long as the action does not supersede the building official's authority to address higher priority life-safety situations.
15.30.090 - Checklist.
The checklists authorized by this chapter are depicted in the following tables:
/ / /
/ / /
/ / /
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Table 15.30.090.a
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ORDINANCE NO. 2022-015
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Table 15.30.090.b
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ORDINANCE NO. 2022-015
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ORDINANCE NO. 2022-015
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ORDINANCE NO. 2022-015
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ORDINANCE NO. 2022-015
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ORDINANCE NO. 2022-015
Chapter 15.32 - FIRE CODE
Sections:
15.32.010 - Adopted.
15.32.020 - Findings.
15.32.030 - Definitions.
15.32.040 - Fees.
15.32.050 - Chapter 1, Division II, Section 101.1 amended—Title.
15.32.060 - Chapter 1, Division II, Section 102.7 amended—Conflicts.
15.32.070 - Chapter 1, Division II, Section 102.7.2 amended—Provisions in referenced codes and standards.
15.32.080 - Chapter 1, Division II, Section 104.10 amended—Fire Investigations.
15.32.090 - Chapter 1, Division II, Section 105.5.8 added.
15.32.100 - Chapter 1, Divisi on II, Section 105.6.15.1 added—Fixed extinguishing systems.
15.32.110 - Chapter 1, Division II, Section 105.6.30 amended—Miscellaneous combustible storage.
15.32.120 - Chapter 1, Division II, Section 105.7 amended—Required con struction permits.
15.32.130 - Chapter 1, Division I I, Section 105.7.19 amended—Private fire hydrants and related equipment.
15.32.140 - Chapter 1, Division II, Section 109.1 amended—Board of appeals established.
15.32.150 - Chapter 1, Division II, Section 109.3 amended—Qualifications.
15.32.160 - Chapter 1, Division II, Section 109.4 added—Appeals procedure.
15.32.170 - Chapter 1, Division II, Section 109.5 added—Fees.
15.32.180 - Chapter 1, Division II, Section 110.4 amended—Violation penalties.
15.32.190 - Chapter 1, Division II, Section 112.4 amended—Failure to comply.
15.32.200 - Section 304.1 amended—Waste accumulation prohibited.
15.32.210 - Section 304.1.2 amended—Vegetation.
15.32.220 - Sections 304.1.2.1 through 304.1.2.2.3.4 added.
15.32.230 - Section 305.6 added—Spark arrestor.
15.32.240 - Sections 313.1.2 and 313.1.2.1 added.
15.32.250 - Section 503.1.2.1 added—Remoteness.
15.32.260 - Section 503.1.2.2 added—Aerial access.
15.32.270 - Section 503.2.1 amended—Dimensions
15.32.280 - Section 503.2.3 amended—Surface.
15.32.290 - Section 505.1 amended—Address identification.
15.32.300 - Section 903.2 amended—Where required.
15.32.310 - Section 4906.3 amended—Requirements.
15.32.320 - Section 4906.3.1 through 4906.6 added.
15.32.330 - Sections 4908 and 4908.1 added—Precautionary requirements; fireworks.
15.32.340 - Section 5601.1.3 amended—Fireworks.
15.32.350 - Section 5601.1.3.1 added—Seizure of fireworks.
15.32.360 - Appendix D, Section D101.1 amended—Scope.
15.32.370 - Appendix D, Section D102.1 amended—Access and loading.
15.32.380 - Appendix O, Section O103.7 amended—Access and loading.
15.32.390 – Geographical limits.
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ORDINANCE NO. 2022-015
15.32.010 - Adopted.
There is adopted by reference the California Fire Code, 2022 Edition , with errata, together with those portio ns of the 2021 International Fire Co de as published by the Inter national Code Council, including Appendix Chapters 4, B, BB, D, F, G, H, I, J, and N not included in the 2022 California Fire Code, collectively referred to as the "fire code," and with the additions, insertions, deletions, and changes prescribed in this chapter, regulating and governing the safeguarding of life and property from fire and explosion hazards, hazardous materials arising from the storage, handling and use of hazardous substances, materials, and devices, and f rom con ditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees; and each and all of the regulations, provisions, penalties, conditions, and terms of said fire code on file i n the office of the clerk of the City of Chino and of the District are referred to, adopted, and made part hereof.
15.32.020 - Findings.
The city council hereby finds that the amendments to the 2022 California Fire Code contained in this Chapter are re asonable and necessary because of local climactic, geologic and topographical conditions within the Chino Valley Independent Fire District's jurisdiction. This finding is supported and based upon the foll owing express f indings, which address each of these conditions and present the local situation which make the amendments necessary:
1. The climate and weather patterns within the City include frequent periods of drought and low humidity adding to the fire danger. Fire season can be year-round in this region.
2. During the summer months, the dry winds and existing vegetation mix to create a hazardous fuel condition which has resulted in large loss vegetation and str ucture fires.
Summer temperatures exceeding one hundred degrees, and severe "Santa Ana" winds frequently occur and can move a fire quickly throughout areas of the City. Multiple shifting wind patterns throughout the canyon areas add to the difficulty in su ppressing fires.
3. Because of weather p atterns, the Ci ty has experienced a need for water c onservation.
Due to the storage capacities and consumption, and a limited amount of rainfall (drought conditions), future water allocation is not fully dependable . While sound management of the water resources is possible, demands and possible critical depletions on an already stressed water supply can most assuredly be predicted.
4. Major roadways, highways, freeways and flood control channels located throughout the City create barriers and slow response times. Other unique factors which create barriers and slow response times are the multiple canyons located within the City and the large California Institute for Men property.
5. The topography is also very ste ep in large areas of the City affecting the rate of fire spread and response times.
6. Due to the sloping in the regional valley where the City is located, as well as the present street and storm drain design, heavy rainfall causes roadway flooding and l andslides, which at times may make an access route impassable.
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7. The City has within its boundaries active seismic hazards. Seismic activity within the City occurs yearly and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from an earthquake. This risk includes fire, collapse and the disrupti on of water supply for firefighting purposes. Areas can also become isolated as a result of bridge, overpass and road damage and debris.
8. Structures in close proximity to each other pose an exposure problem which may cause a fire to spread from one structure to another as well as to the wildland area.
9. For practical and cost reasons, many new structures are built of wood construction.
Many existing structures also have wood shake roofs. T he potential fo r a conflagration exists due to the design and density of current structures.
10. Electrical supply and telephone communication failures occur due to high winds as well as other reasons. Water supply pumps and early notification cannot alwa ys be counted on.
11. Narrow and winding streets wi th little ci rculation and streets designed as storm drains impede emergency vehicle access and evacuation routes.
15.32.030 - Definitions.
A. The term "jurisdiction" as used in the 2022 California Fire Code, shall mean the territory within the Chino Valley Independent Fire District.
B. The term "fire department" and "District" as used in the 2022 California Fire Code shal l mean the Chino Valley Independent Fire District.
C. The term "Board of Directors" or "Board" as used in the 2022 California Fire Code shall mean the governing body of the Chino Valley Independent Fire District. The "governing body" shall mean the Board of Directors of the Chino Valley Independent Fire District.
D. The term "Chief" as used in the 2 022 California Fire Code shall mean t he Fire Chief of the Chino Valley Independent Fire District.
E. The term "fire code official" as used in the 2022 California Fire Code shall mean the Fire Marshal and or Deputy or employee charged with t he enforcement of this code w ith Chino Valley Independent Fire District.
F. The term "fire prevention" as used in the 20 California Fire Code shall mean the Division, Department or Office of Community Risk Reduction of Chino Valley Independent Fire District.
15.32.040 - Fees.
A. Reasonable fees, not to e xceed actual costs, may be collected by the fire code official for fire protection planning and services included in the Fire Code and in this Ordinance.
B. Fire Suppression, investigation, rescue, and e mergency medical costs are re coverable in accordance with Health and Safety Code Sections 13009 and 13009.6. Any person who negligently or intentionally, or in violation of law, causes an emergency response,
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including but not limited to a traffic accident or spill of tox ic or flammable liquids or chemicals, is liable f or the costs of securing such emergency, including those costs set out in Government Code Section 53150 et seq. Any expense incurred by the District for securing such an emergency situation sh all constitute a public debt of such person and shall be collect ible by the District in the same manner as in the case o f an obligation under contract, expressed or implied.
15.32.050 - Chapter 1, Division II, Section 101.1 amended—Title.
Chapter 1, Division II, Section 101.1 of the California Fire Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Chino, hereinafter referred to as "this code."
15.32.060 - Chapter 1, Division II, Section 102.7 amended—Conflicts.
Chapter 1, Division II, Section 102.7 of the California Fire Code is amended to read as follows:
102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the fire code official shall determine which provision meets the general i ntent of this code.
15.32.070 - Chapter 1, Division II, Section 102.7.2 amended —Provisions in referenced codes and standards.
Chapter 1, Division II, Section 102.7.2 of the California Fire Code is amended to read as follows:
102.7.2 Provisions in refe renced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, sh all be reviewed along with th e referenced codes and standards. A fter said review, the fire code official shall determine which provisions meet the general intent of this code.
15.32.080 - Chapter 1, Division II, Section 104.10 amended—Fire Investigations.
Chapter 1, Division II, Section 104.10 of the California Fire Code is amended to read as follows:
104.10 Fire Investigations. The District shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other haza rdous condition, including but not limited to the un authorized release of hazardous materials. If it appears to the investigation unit that such fire, explosion or other hazardous condition is of suspicious origin, they are authorized to take immediate cha rge of all phys ical evidence relating to th e cause o f the incide nt and are authorized to pursue the investigation to its conclusion. Information that could be related to trade secrets or processes shall not be made part of the public record, except as dire cted by a court of law.
15.32.090 - Chapter 1, Division II, Section 105.5.8 added.
Chapter 1, Division II, Section 105.5.8 is added to the California Fire Code and shall read as follows:
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105.5.8 Failure to pay permit fees in accordance with the terms of the per mit a pplication or when a check or credit/ debit card s ubmitted for payment of the permit fee(s) is returned or declined.
15.32.100 - Chapter 1, Division II, Section 105.6.15.1 added —Fixed extinguishing systems.
Chapter 1, Division II, Section 105.6.15.1 is added to the California Fire Code and shall read as follows:
105.6.15.1 Fixed Extinguishing Systems. An operational permit is required for a fixed extinguishing system for a Type I Hood.
15.32.110 - Chapter 1, Division II, Section 105.6.30 amended—Miscellaneous combustible storage.
Chapter 1, Divisi on II, Section 105.6.30 of the California Fire Code is amended to read as follows:
105.6.29 Miscellaneous combustible storage. An opera tional permit is required to store in any building or up on any premises in e xcess of 2,500 c ubic feet (71 m3 ) gross volu me of combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork, green waste, composting, yard waste, or similar combustible material.
15.32.120 - Chapter 1, Division II, Section 1 05.7 amended —Required construction permits.
Chapter 1, Division II, Section 105.7 of the California Fire Code is amended to read as follows:
105.7 Required construction permits. The fire code official i s authorized to issue construction permits for work including, b ut not limited to, the requirements as set forth in Chapter 1, Sections 105.7.1 through 105.7.25. Any o wner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy or use of a building or structure or pr emise or to cause any such work to be done shall make application to the District and obtain the required permit.
15.32.130 - Chapter 1, Division II, Section 105.7.19 amended —Private fire h ydrants and related equipment.
Chapter 1, Division II, Section 105.7.19 of the California Fire Code is amended to read as follows:
105.7.19 Private fire hydrants and related equipment. A construction permit is required for the installation or modificatio n of private fi re hydrants an d related on -site water appliances.
Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
15.32.140 - Chapter 1, Division II, Section 109.1 amended—Board of appeals established.
Chapter 1, Division II, Section 109.1 of the California Fire Code is amended to read as follows:
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ORDINANCE NO. 2022-015
109.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code off icial relative to the application and interpretation of this code, there shall be and is hereby crea ted a board of appeals. The board of appeals shall be selected by the Fire Chief. Those selected shall hold office as its pleasure. The fire code official shall be an ex o fficio member of said board but shall not have a vote on any matter before the board. The board shall adhere to the rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant with a dup licate copy to the fire code official.
15.32.150 - Chapter 1, Division II, Section 109.3 amended—Qualifications.
Chapter 1, Division II, Section 109.3 of the California Fire Code is amended to read as follows:
109.3 Qualifications. The board of appeal s shall consist of m embers wh o are q ualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, fire protection systems or building standards, and are not employees of the District.
15.32.160 - Chapter 1, Division II, Section 109.4 added—Appeals procedure.
Chapter 1, Division II, Section 109.4 is added to the California Fire Code and shall read as follows:
109.4 Appeals procedure. The applicant may file an appeal with the Fire District's Clerk of the Board within thirty days of a final order, decision or determination made by the fire code official relative to the application and interpretation of this code. Upon receipt of an appeal, the Clerk of the Board shall fix the time and place of the h earing, which shall be at a District meeting facility not more than sixty days after the date of the appeal. The Clerk of the Board shall give written notice of the time and place of the hearing to the initiating party, the Fire Chief, the fire code official and the Appe als Board. The Appeals Board shall ke ep a record of the proceedings of each hearing. The Appeals Board shall issue written findings and a decision within fifteen days of the conclusion of the hearing which shall be mailed to the parties' fir st class mail, postage prepaid, at such address as they have provided.
15.32.170 - Chapter 1, Division II, Section 109.5 added—Fees.
Chapter 1, Division II, Section 109.5 is added to the California Fire Code and shall read as follows:
109.5 Fees. The fire code offic ial and staff shall act as staff to t he Appeals B oard and for that purpose may determine and set fees to charge the appellant to cover the cost of preparation of the record for appeal.
15.32.180 - Chapter 1, Division II, Section 110.4 amended—Violation penalties.
Chapter 1, Division II, Section 110.4 of the California Fire Code is amended to read as follows:
110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall fail to obtain approval by the fire code official for the commencement of construction, alteration, or repair or who shall erect, install, alter, repair or do work in violation of the approved constructi on documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 191
ORDINANCE NO. 2022-015
a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonm ent. The fire c ode official with the concurrence of the chief an d the District Attorney, is authorized to use administrative citations and fines as allowed by an ordinance of the District in place of the violation penalties contained in this section. Each day that a viol ation continues after due notice has been served shall be deemed a separate offense.
In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District's Administrative Citation Ordinance may be impos ed in connection with any violation of this code or any District Ordinance. Any person violating or who has violated any section of this code or District Ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance.
15.32.190 - Chapter 1, Division II, Section 112.4 amended—Failure to comply.
Chapter 1, Division II, Section 112.4 of the California Fire Code is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to rem ove a violation or unsafe condition, shall be subject to violation penalties as specified in Section 110.4. Each day that the work continues in violatio n of a stop wor k order shall be deemed a separate offense.
15.32.200 - Section 304.1 amended—Waste accumulation prohibited.
Section 304.1 of the California Fire Code is amended to read as follows:
304.1 Waste accumulation prohibited. Combustible waste material, as o utlined in Sec tion 304.1.1 and 304.1. 2, creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. In the event that abatement is not performed as required by a Notice of Violation or Notice to Des troy Weeds, the Fire District may se ek approval from its governing body to abate said fire hazard and place a lien upon the property in which such conditions exist.
15.32.210 - Section 304.1.2 amended—Vegetation.
Section 304.1.2 of the California Fire Code is amended to read as follows:
304.1.2 Vegetation. Cut and uncut weeds, grass, tumbleweeds, vines, trees, or other vegetation that is capable of being ignited and endangering property, shall be removed by the owner or occupant of the premises. Parcel s five acres or less in size shall be completely cleared of all combustible vegetation deemed hazardous by the fire official. Parcels greater than five acres shall provide a minimum one hundred feet of clearance around the perimeter of the parcel and additional clearance as required by the fire code official.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided that they do not form a means of readily transmitting fire.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 192
ORDINANCE NO. 2022-015
5.32.220 - Sections 304.1.2.1 through 304.1.2.2.3.4 added.
Sections 304.1.2.1 through 304.1.2.2.3.4 are added to the California Fire Code and shall read as follows:
304.1.2.1 Clearance of brush or vegetative growth from roadways. Fire apparatus access roads shall be provided with a minimum of twenty feet clearance and driveways shall be provided with a minimum of ten feet of clearance.
304.1.2.2 Clearance of brush and vegetative growth from electrical transmission and distribution lines.
304.1.2.2.1 General. Clearance of brush and vegetative growth from electrical transmission and distribution lines shall be in accordance with Section 304.1.2.2.
Exception: Section 304.1.2.2 does not authorize persons not having l egal right of e ntry to enter on or damage the property of others without consent of the owner. 304.1.2.2.2 Support clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines shall provide a combustible f ree space consisting of a clearing of not less than ten feet (3048 mm) in each direction from the outer circumference of such pole or tower and directly under and adjacent to electrical transmission or distribution lines.
Exception: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communications circuits by a public utility. 304.1.2.2.3 Electrical distribution and transmission line clearances. 304.1.2.2.3.1 General. Clearances between vegetation and electrical lines shall b e in accordance with this Section.
304.1.2.2.3.2 Trimming clearance. Clearances not less than those established by Table 304.1.2.2.3.2 shall be provided. The radial clearances shown below are minimum clearances that shall be e stablished, at time of trimmi ng, bet ween the vegetat ion and the energized conductors and associated live parts.
TABLE 304.1.2.2.3.2
MINIMUM CLEARANCE BETWEEN VEGETATION
AND ELECTRICAL LINES AT THE TRIMMING
Line Voltage
Minimum Radial
Clearance From
Conductor (feet)
2,400—72,000 4
72,001—110,000 6
110,001—300,000 10
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300,001 or more 15
For SI: 1 foot = 304.8 mm.
Exception: The fire code official is authorized to establish minimum clearances different than those specified by Table 304.1.2.2.3.2 when evidence substantiating such other clearances is submitted to and approved by the fire code official.
304.1.2.2.3.3 Minimum clearance to be maintained. Clearances not less than those established by Table 304.1.2.2.3.3 shall be maintained during such periods of time as designated by the fire code official. The site -specific clearance achieved, at time of pruning, shall vary based on species growth rates, the utility company-specific trim cycle, the potential line sway due to wind, line sag due to electrical loading and ambient temperature and the tree's location in proximity to high voltage lines.
Exception: The fire code official is authorized to establish minimum clearances different than those specified by Table 304.1.2.2.3.3 when evidence substantiatin g such other cl earances is submitted to and approved by the fire code official.
TABLE 304.1.2.2.3.3
MINIMUM CLEARNACES BETWEEN VEGETATION
AND ELECTRICAL LINES TO BE MAINTAINED
LINE VOLTAGE MINIMUM
CLEARANCE (inches)
750—35,000 6
35,001—60,000 12
60,001—115,000 19
115,001—230,000 30.5
230,001—500,000 115
For SI: 1 inch = 25.4 mm.
304.1.2.2.3.4 Electrical power line emergencies. During emergencies, the utility shall perform the required work to the extent necessary to clear the hazard. An emergenc y can include situations such as trees falling into power lines, or trees in violation of Table 304.1.2.2.3.3.
15.32.230 - Section 305.6 added—Spark arrestor.
Section 305.6 is added to the California Fire Code and shall read as follows:
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 194
ORDINANCE NO. 2022-015
305.6 Spark arre stor. All chimn eys attached to any appliance or fire place that b urns solid fuel shall be equipped with an approved spark a rrestor. The spark arrestor shall meet all of the following requirements:
1. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not b lock the pas sage of spheres having a diameter of less than three - eighths inch.
2. The spark arrestor shall be a visible from the ground and the screen or chimney cap shall be accessible and removable to allow for cleaning of the chimney flue.
3. The net free area of the spark arrester shall not be less than four times th e net area of the outlet of the chimney.
4. The spark arrestor screen shall have heat or corrosion resistance equivalent to twelve gauge steel wire, nineteen gauge galvanized wire or twenty-four gauge stainless steel.
15.32.240 - Sections 313.1.2 and 313.1.2.1 added.
Sections 313.1.2 and 313.1.2.1 are added to the California Fire Code and shall read as follows:
313.1.2 Use of equipment . Except as otherwise provided in this section, no p erson shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as def ined in Section 313.1.2.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exception:
1. Engines used to provide motor power trucks, truck tractors, buses, and passenger vehicles, e xcept motorcycles, are no t subject to thi s section of the exhaust system is equipped with a muffler as defined in the California Vehicle Code.
2. Turbocharged engines are not subject to this section of all exhausted gases pass through the rotat ing turbine wheel, there is n ot exhaust bypass to th e atmosphere, and the turbocharger is in good mechanical condition.
313.1.2.1 Spark arrestors.
1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.
2. Spark arrestors affixed to the exh aust system of engines or vehicles subject to Section 313 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 195
ORDINANCE NO. 2022-015
15.32.250 - Section 503.1.2.1 added—Remoteness.
Section 503.1.2.1 is added to the California Fire Code and shall read as follows:
503.1.2.1 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dim ension of the lo t or area to be served, measured in a straight line between accesses.
15.32.260 - Section 503.1.2.2 added—Aerial access.
Section 503.1.2.2 is added to the California Fire Code and shall read as follows:
503.1.2.2 Aerial access. Buildings exceeding three stories in height or thirty feet in height shall be provided with aerial fire apparatus access. One or more of the required access rout es shall be located not less than fifteen feet (4572 mm) and not g reater than thirty feet (9144 mm) from the building. The side of the building on which the aerial access fire apparatus road is positioned shall be approved by the fire code official.
15.32.270 - Section 503.2.1 amended—Dimensions.
Section 304.1.2 of the California Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty-six feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed v ertical clearance of no t less than thirteen feet, six inches (4115 mm).
15.32.280 - Section 503.2.3 amended—Surface.
Section 503.2.3 of the California Fire Code is amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads (67,000 lbs.) of fire apparatus and shall be surfaced by either asphalt or concrete, except when alternate surfaces are approved by the jurisdiction.
15.32.290 - Section 505.1 amended—Address identification.
Section 505.1 of the California Fire Code is amended to read as follows:
505.1 Address Identification. New and existing buildings shall have approved address identification. The address identificati on shall be legible and placed in a pos ition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of four inches (102 mm) high with a minimum stroke width of one -half inch (12.7 mm) for one - and two-family residential dwellings, and shall be illuminated during hours of darkness. Each character sh all be a minimum of eigh t inches (204 m m) high with a minimum stroke width o f one inch ( 25.5 mm) for buildings other than one- and two-family residential dwellings. Where required by the fire code official, address identification shall be provided in addit ional approved locations to facilitate emergency response. W here access is b y means of a private road and the building and/or address
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 196
ORDINANCE NO. 2022-015
identification cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
15.32.300 - Section 903.2 amended—Where required.
Section 903.2 of the California Fire Code is amended to read as follows:
903.2 Where required. Approved automati c sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.
In addition to the requirements of Section 903.2.1 through 903.2.12, automatic fire sprinklers are required for the construction of any new building(s) 5,000 square feet or more, regardless of the use of fire walls and occupancy type, except for Group U occupancies not required by Section 903.2.18.
In all existing buildings or structures, except one and two -family dwellings, not equipped with an automatic fire sprinkler system, when additions cause the stru cture t o exceed five th ousand square feet, the following provisions shall apply:
A. When such addition exceeds five thousand square feet, but is less than fifty percent of the original building square footage, the addition shall be equipped with an automatic fire sprinkler system.
B. When such addition is fifty percent or greater than the original building square footage, the entire structure shall be equipped with an automatic fire sprinkler system.
15.32.310 - Section 4906.3 amended—Requirements.
Section 4906.3 of the California Fire Code is amended to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structures, or upon any premise shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation "General Guideline to Create Defensible Space").
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section
3.07. 5. California Code of Regulations, Title 24, Part 9, Chapter 3, Section 304
15.32.320 - Section 4906.3.1 through 4906.6 added.
Sections 4906.3 .1 through 4906.6 are added to the California Fire Code and shall read as follows:
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 197
ORDINANCE NO. 2022-015
4906.3.1 Correction of conditions. Hazardous vegetation and or fuels creating a fire hazard shall not be allowed to accumulate upon premises. The fire code official is authorized to give notice to abate said conditions through a Notice of Violation or Notice to Destroy. In the event that abatement is not performed as required, the Fire District may seek approval from its governing body to abate said fire hazard and make the expense of such correction a lien on the property. 4906.4 Fuel Modification. All new buildings or developments to be built or installed in a wildland- urban interface area as set forth in Chapter 49 shall be pro vided with an a pproved fuel modification area. Fuel modification ar eas shall be included into all entitlement documents. A minimum fuel modification of one hundred feet is required from each structure within the development. The overall width of the fuel m odification shall take into account all slopes and fuel load within the development perimeter and adjacent properties. 4906.5 Plans and Permit. Fuel modification plans shall be submitted to and approved by the fire code official, plans shall include both preliminary and final fuel modification plans. At the time of final review, a permit shall be obtained by the Fire District. 4906.6 Maintenance. All elements of the final fuel modification plans shall be maintained in accordance with said plans and are su bject to the en forcement process out lined in the Fire Code.
4906.7 Storage of firewood and combustible materials. Firewood and combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canop ies or other pr ojections or overhang s. When r equired by the fire co de official, storage of firewood and combustible material stored in the defensible space shall be located a minimum of twenty feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of fifteen feet (4572 mm).
15.32.330 - Sections 4908 and 4908.1 added—Precautionary requirements; fireworks.
Sections 4908 and 4908.1 are added to the California Fire Code and shall read as follows:
SECTION 4909 PRECAUTIONARY REQUIREMENTS
4908.1 Fireworks. Fireworks shall not be used or possessed in wildland-urban interface areas. If found to be in violation of this requirement, penalties as outlined in Chapter 1, Section 110.4 shall be assessed.
15.32.340 - Section 5601.1.3 amended—Fireworks.
Section 5601.1.3 of the California Fire Code is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks is prohibited. If found to be in violation of thi s requirement, penalties as outlined in Chapter 1, Section 110.4 shall be assessed.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
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2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.
3. The use of firew orks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Divisi on 1, Chapter 6 F ireworks reprinted in Section 5608 and Health and Safety Code Division 11. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such firewor ks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100 -185, as applicable for consumer fireworks and Health and Safety Code Division 11.
15.32.350 - Section 5601.1.3.1 added—Seizure of fireworks.
Section 5601.1.3.1 is added to the California Fire Code and shall read as follows:
5601.1.3.1 Seizure of fireworks. The fire code official shall have authority to seize, take, remove or cause to be removed at the expense of the owner any fireworks in v iolation of this code or of any local and state laws, ordinances or regulations.
15.32.360 - Appendix D, Section D101.1 amended—Scope.
Appendix D, Section D101.1 of the California Fire Code is amended to read as follows:
D101.1 Scope. Fire apparatus a ccess roads shall be in accordance w ith this appendix, Section 503, and all other applicable requirements.
15.32.370 - Appendix D, Section D102.1 amended—Access and loading.
Appendix D, Section D102.1 of the California Fire Code is amended to read as follows:
D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt or concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least sixty-seven thousand pounds.
15.32.380 - Appendix O, Section O103.7 amended—Access and loading.
Appendix O, SectionO103.7 of the California Fire Code is amended to read as follows:
O103.7 Fire Protection. Haunted houses and ghost walks shall be provided with fire protection systems, as required by the fire code official.
15.32.390 - Geographical limits.
The geographical limits referred to in certain sections of the 2 019 California Fire Code are hereby established as follows:
A. Establishment of geographical limits of districts in which storage of Class I and Class II liquids in above-ground tanks outside of buildings is to be prohibited.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 199
ORDINANCE NO. 2022-015
The limits referred to in Section 5704.2.9.6.1 of the 2019 California Fire Code in which st orage is prohibited are established as commercial and residential areas, except where the fire code official has issued written approval of such storage.
B. Establishment of geograp hical limits of districts in which storage of Class I and Class II liquids in above-ground tanks is to be prohibited.
The limits referred to in Section 5706.2.4.4 of the 2019 California Fire Code in which storage is prohibited are established as commercia l and residential area, except where the fire code official has issued written approval of such storage.
C. Establishment of geographical limits of districts in which the storage of flammable cryogenic fluids in stationary containers is to be prohibited.
The limits referred to in Section 5806.2 of the 2019 California Fire Code in which storage is prohibited ar e established as commercial and residential areas, except where the fire code official has issued written approval of such storage.
D. Establishment of geographical limits of districts in which storage of liquefied petroleum gas is to be restricted.
The limits referred to in Section 6104.2 of the 2019 California Fire Code in which storage is restricted are established as:
Heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of two thousand gallons (7570 L).
All areas, when in the opinion of the fire code official the location of storage would create a hazard to occupants or property owners, the aggregate capacity of any one installation shall not exceed a water capacity of two thousand gallons.
Chapter 15.34 - CALIFORNIA EXISTING BUILDING CODE
Sections:
15.34.010 - Adoption of California Existing Building Code.
15.34.010 - Adoption of California Existing Building Code.
There is adopted by reference the 2022 California Existing Buildin g Code, incorporating the 2021 International Existing Building Code. T hat certain document, three copies of which are on file with the city of Chino, being marked and designated as California Existing Building Code, 2022 Edition as copyrighted 2022 by the International Code Council, is adopted as the California Existing Buil ding Code of the city of Chino, to promote public safety and welfare by reducing the risk of deat h or injury that may result from effects of earthquakes on existing unreinforced masonry bearing wall buildings in the city of Chino and prescribing standards of inspection thereof; and each and all such regulations are referred to, adopted and made a part hereof as though fully set out in this chapter.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 200
ORDINANCE NO. 2022-015
Chapter 15.36 - POSTING OF UNREINFORCED MASONRY BUILDINGS Sections:
15.36.010 - Purpose.
15.36.020 - Scope.
15.36.030 - Definitions amended.
15.36.040 - General requirements.
15.36.050 - Validity.
15.36.010 - Purpose.
The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings of unreinforced masonry bearing wall construction.
15.36.020 - Scope.
The requirements of this chapter shall a pply to all buildings as required by other pro visions of this code including all unreinforced masonry bearing wall structures constructed prior to the adoption of earthquake design requirements by this jurisdiction. (Exception: This chapter shall not apply to a detached Group R, Division 1 occupancy containing less than five dwellings used solely for residential purposes.)
15.36.030 - Definitions amended.
For the purpose of this chapter, certain terms, phrases, words, and their derivations shall have the meaning herein.
A. The word "shall" is mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meanings.
B. "Unreinforced masonry bearing walls" are masonry walls having all of the following characteristics:
1. Provide the vertical support for a floor or roof;
2. Have a total superimposed load over one hundred pounds per lineal foot;
3. Have an area of reinforcing steel less than fifty percen t of that required by the California Building Code.
15.36.040 - General requirements.
A. It shall be the responsibility of the owner of an identified unreinforced masonry building to post in a conspicuous place visible before or upon entry into the structure with the following wording:
"NOTICE
This building has been identified by City of Chino as having potentially hazardous unreinforced masonry beari ng walls subject to Chapter 122 of Division 1 of Title 2 of the California Government Code.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 201
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In the event of an earthquake, this building could be subject to structural damage that could cause death or injury to its occupants and/or persons near the building exterior." B. The posting notice shall be of durable metal and shall be a minimum of eight and one -half inches by fourteen inches. Lettering shall be no smaller in size than one -quarter inch and shall have a contrasting color as a background. Posting notice shall be pr inted in both English and Spanish.
C. Posting shall be completed within thirty days from adoption of the ordinance codified in this chapter or as determined by the building official.
15.36.050 - Validity.
The city council declares that should any sec tion, paragraph, sentence, or word of this chapter or of the code hereby adopted for any reason be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independent of the elimination hereof any such portion as may be declared invalid.
Chapter 15.40 - NEW HOME CONSTRUCTION
Sections:
15.40.010 - Definitions.
15.40.020 - Notice to buyers.
15.40.030 - Features and amenities.
15.40.040 - Developer's security deposit.
15.40.050 - City's inspection.
15.40.060 - Buyer's inspection.
15.40.070 - Occupancy permits.
15.40.080 - City's remedies.
15.40.090 - Attorney's fees and costs.
15.40.010 - Definitions.
For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is manda tory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
A. "Building official" refers to the deputy director of development services or his designee. As such, the building official shall have authority to adopt r ules and regulations to clarify and interpret the provisions of this chapter. He may also approve the variations when such variations are not inimical to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and do not violate the intent or purpose of this chapter.
B. "Developer" means any natural person, corporation, partnership, association or other entity seeking to construct new residential dwellings for sale or reconstructing existing residential dwellings for sale.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 202
ORDINANCE NO. 2022-015
C. "Residential dwelling" means a building or portion thereof designed and constructed exclusively for residential occu pancy, including one -family, two -family or multiple dwellings, excepting motels, hotels and rental dwelling units not for resale.
15.40.020 - Notice to buyers.
A. A developer of any residential dwelling shall provide t he following information to every potential buyer:
1. The list of features and amenities;
2. The brand names of each of the major components contained in the features and amenities list which were installed in the residential dwelling sought to be sold to the potential buyer;
3. The manufacturer's warranties for each component contained in the features and amenities list;
4. Any and all representations regarding the quality of construction of the residential d welling including the warranty that the dwelling is constructed in a good, workmanlike manner;
5. Any and all discrepancies between the residential dwelling unit sought to be sold to the potential buyer and the developer's model dwelling displayed by the developer;
6. The buye r's right to in spect and approve the functionality of each major component contained in the features and amenities list and the quality of construction of the residential dwelling and to require the developer to remedy any substant ial defects therein pursu ant to Section 15.40.060 of this chapter;
7. The distance between the residential dwelling unit sought to be sold from any property which is being used or zoned for an agricultural use and a disclaimer regarding the length of time that the agricultural use or zone shall continue. The disclaimer shall read as follows:
"NOTICE REGARDING AGRICULTURAL USES
Please be advised that many properties within the city of Chino are presently being used for agricultural purposes or are zoned for agricultural purposes. The distance between this residential dwelling and the nearest property currently being used for agricultural purposes is ____________. The distance between this residential dwelling and the nearest property zoned for agricultural purposes is ____________.
In addition, you are hereby advised that t he seller of this residential unit cannot represent the period of time that nearby properties used or zoned for agricultural purposes will continue to be so used or zoned. Because the n earby properties used or zoned for agric ultural purposes involve comple x and legal factual questions, no representation can be made, nor should be made, regarding the length of time that these nearby properties will continue to be used or zoned for agricultural purposes."
8. The current zoning of all surrounding properties within six hundred sixty feet of the residential dwelling offered for sale by the developer; provided, that such notice has been approved by the director of community development;
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 203
ORDINANCE NO. 2022-015
9. The name, address and phone number of th e developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and
10. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.
B. Concurrent with the execution of any documents for the sale and purchase of a residential dwelling, the developer shall again provide the information contained in subsection A of this section and obtain the buyer's acknowledgment of re ceipt thereof. Furthermore, the developer, as a condition for the issuance of occupancy, shall make available upon request, the buyer's acknowledgment of receipt of said information to the building official.
15.40.030 - Features and amenities.
Prior to the issuance of building permits for any residential dwelling, the developer shall create and maintain a list of features and amenities. The list of features and amenities shall contain the following information:
A. Each major component to be installed in each residential dwelling including, but not limited to, refrigerators, stoves, microwave ovens, dishwashers, garbage disposals, trash compactors, heating and air conditioning units, solar units, vacuum units, swimm ing pools, spas, patios, landscaping and alarm systems;
B. Any and all representations to be made to the buyers of the residential dwellings pertaining to the features and amenities to be installed, the quality of construction of the residential dwellings including the normal warranty that the residential unit wi ll be constructed in a good workmanlike manner, and any other representation regarding the developer's efforts to comply with the provisions of this chapter;
C. The name, address and phone numbe r of the developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and D. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.
15.40.040 - Developer's security deposit.
A. Prior to the issuance of building permits, the developer shall pay a fee for the inspection of each residential dwelling to ensure compliance with the city's building ordinances, the functionality of the dwelling's major com ponents as contained in the developer's warranties, conditions of approval as may be imposed by the approving authority in accordance with the provisions of Title 20 (Zoning) of this code, environmental mitigation measures i mposed in accordance with the Ca lifornia Environmental Quality Act (Public Resources Code Se ctions 21000 through 21177) and the provisions of Chapter 9.40 (Noise) of this code.
B. The fee to be paid by the developer shall be in an amount and in the form specified by the building official, who may require cash, bonds, letters of credit or any combination thereof.
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ORDINANCE NO. 2022-015
15.40.050 - City's inspection.
A. At the request of the new homeo wner, within ninety days after the close of escrow, the building official shall inspect, or cause to be inspected, each residential dwelling to insure the developer's compliance with the requirements of this chapter. For this purpose, the building official may contract with independent inspectors to conduct the inspections required by this chapter and is authorized to execute said contracts subject to the approval of th e city attorney.
The costs of the services of any such inspector shall be paid by the developer.
B. The building official shall require the developer to make any and all corrections reasonably necessary to bring each residential dwelling into compliance with the requirements of this chapter. The building officia l's corrections shall be based upon the in spector's findings and recommendations.
15.40.060 - Buyer's inspection.
A. Prior to the close of escrow for the sale of each residential unit, the developer shall afford the bu yer the opportunity to inspect and approve the operational aspec ts of each major component contained within the features and amenities list and the quality of construction of the residential dwelling.
Thereafter, the developer and each buyer shall prepare a joint statement containing all corrections agreed to be made and all disputes for which no agreement has been reached. The joint statement shall also contain a time period by which all agreed corrections are to be made by the developer provided that the period shall not exceed ninety days from the date of the joint statement. Furthermore, the developer shall file the joint statement and make available upon request to the building official as a condition for the issuance of an occupancy for each residential dwelling.
B. Following occupancy, each buyer shall have ninety days from the close of escrow in which to register complaints with the developer regarding substantial defects or deviations of the requirements set forth in this chapter. Thereafter, the developer and buyer shall meet and confer in good faith regarding the resolution of the buyer's complaints or objections.
15.40.070 - Occupancy permits.
The building official may refuse to issue occupancy permits for an y residential dwelling unless and until the developer has complied with the requirements of this chapter including any and all corrections reasonably required by the building official.
15.40.080 - City's remedies.
A. In the event the developer fails to make the required corrections, the building official may, after fifteen days written notice to the develop er to make such corrections, utilize the developer's security and cause the corrections to be performed.
B. In the event a developer fails to comply with the requirements of this chapter, the building official may also refuse to issue any addi tional building permits or occupancy permits to said developer. Prior to doing so, the buil ding official shall notify the developer in writing that occupancy permits or building permits are being withheld pending compliance with this chapter, the reasons t herefor, an d notice the decision may be appealed pursuant to Chapter 15.70;
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provided, that a written notice of appeal and reasons therefor is filed with the city clerk within fifteen days of the decision of the building official.
C. In refusing to issue any additional building permit or occupancy permit to a developer, the building official may also issue such permits in phases so as to require the developer to comply with the provisions of this chapter on certain designated resident ial dwellings before receiving such permits on other residential dwellings.
15.40.090 - Attorney's fees and costs.
In the event that the buyer of a residential dwelling unit institutes legal action against the developer to compel compliance with this c hapter and prevails, the buyer shall be entitled to reasonable attorney's fees and costs.
Chapter 15.42 - GREEN BUILDING STANDARDS CODE
Sections:
15.42.010 - Adopted.
15.42.010 - Adopted.
There is adopted by reference the 2022 California Green Building Standards Code. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the California Green Building Standards Code, 2022 Edition as copyrighted 2022 by the California Build ing Standards Commission, is adopted as the California Gr een Building Standards Code of the city of Chino.
Chapter 15.43 - BUILDING ENERGY EFFICIENCY STANDARDS CODE Sections:
15.43.010 - Adopted.
15.43.010 - Adopted.
There is adopted by refere nce the 2022 Building Energy Effic iency Standards For Residential and Nonresidential Buildings as published by the California Energy Commission. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the Building Energy Efficiency St andards Code, 2022 Edition, is adopted as the Building Energy Efficiency Standards Code of the city of Chino.
Chapter 15.44 - ON-SITE CONSTRUCTION DEVELOPMENT
Sections:
15.44.010 - Plan checking and inspection—Required.
15.44.020 - Plan checking and inspection—Fee.
15.44.030 - Construction hours.
15.44.010 - Plan checking and inspection—Required.
To ensure compliance with state or local laws, each person constructing or causing to be constructed any building, dwelling, private, public, or semipublic development for commercial or
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industrial or related purposes, which proposes to utilize on -site drainage, shall prepare engineering drawings in accordance with the requirements, standards and specification s of the city, which shall be approved and inspected by the city engineer.
15.44.020 - Plan checking and inspection—Fee.
A fee shall be charged for all plans, reviewed and approved by the city engineer, and for inspection of the construction for such on-site drainage facilities construction development. The fee shall be in the amount prescribed in the Comprehensive Fee Schedule of the city, codified in Appendix I of this code, to offset the city's costs for all personnel, time, eq uipment, facilities and administration performed pursuant to this section.
15.44.030 - Construction hours.
A. Construction shall occur only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, with no construction allowed on Sundays and federal holidays. For the purposes of this section, construction shall m ean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or pile driving.
B. The director of development services may approve exceptions to the hours of construction noted in Subsection A of this section, provided that the change i n hours does not adversely impact the adjacent neighborhood.
Chapter 15.45 - CLIMATE ACTION PLAN IMPLEMENTATION
Sections:
15.45.010 - Purpose
15.45.020 - Mandatory and Voluntary Measures
15.45.030 - Residential Development
15.45.040 - Non-Residential Development
15.45.050 - Model Homes
15.45.060 - Energy Efficiency for Existing Buildings
15.45.070 - GHG Performance Standard for New Development
15.45.010 - Purpose.
The city' s climate action plan (CAP) incorporates a variety of reduction approa ches and strategies, including mandatory measures, incentive -based measures, public outreach and education, and coord ination with county, regional, and state strategies in order to accom plish emission reductions in an efficient and cost -effective manner. The purpose of this chapter is to establish CAP implementation requirements for existing buildings and new development that will contribute to the reduction of greenhouse gas (GHG) emissions.
15.45.020 - Mandatory and Voluntary Measures.
The 2022 California Green Building Standards Code, Title 24, Part 11 ("CALGreen") contains both mandatory and voluntary green building measures. Mandatory and voluntary measures are identified in the a ppropriate application checklists con tained in CALGreen. All new residential development shall comply with the mandatory measures of CALGreen Chapter 4, and are
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encouraged to implement vo luntary measures to further reduce greenhouse gas (GHG) emissions rel ated to development. In addition to m andatory measures of CALGreen, all new residential development shall comply with the measures identified in Section 15.45.030 of this code. All new no n-residential development shall comply with the mandatory measures of CALGreen Chapter 5, and are encourag ed to implement voluntary measures to further reduce GHG emissions related to development. In addition to the mandatory measures of CALGreen, all new non-residential development shall comply with the measures identified in Section
15.45.040 of this code.
15.45.030 - Residential Development.
The following measures are hereby adopted as mandatory measures, applicable to all new residential development:
A. Electric Vehicle (EV) Charging. Dwellings shall comply with the fo llowing requirements for future installation of electric vehicle supply equipment (EVSE).
1. One-and Two -family Dwellings. Install a listed raceway to accommodate a dedicated branch circuit. The raceway shall not be less than trade size 1. The raceway sh all 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. Rac eways are required to be continuous at enclosed or concealed areas and spaces. A raceway may terminate in an attic or other approved location when it can be demonstrated that the area is accessible and no removal of materials is necessary to complete the final installation. i. Exception: Other pre -installation methods that provide sufficient conductor sizing and service capacity to install Level 2 EVSE.
ii. Labeling Requirement. A label stating "EV CAPABLE" shall be posted in a conspicuous place at the service panel or subpanel and next to the raceway termination point.
2. Appliance Rating. Each appliance provided by the builder must be a qualified ENERGY STAR appliance if an ENERGY STAR designation is applicable for that appliance.
3. Enhanced Const ruction Waste Reduction. Divert to recycle or salvage at least seventy percent of nonhazardous construction and demolition debris generated at the site.
15.45.040 - Non-Residential Development.
The following measures are hereby adopted as mandatory measures, applicable to all new non- residential development:
1. Appliance Rating. All equipment and appliances provided by the builder shall be ENERGY STAR labeled if ENERGY STAR is applicable to that equipment or appliance.
2. Enhanced Construct ion Waste Reduction. Divert to recycle or salvage at least seventy percent of nonhazardous construction and demolition debris generated at the site.
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15.45.050 - Model Homes.
At least one model home/unit for each residen tial development shall offer and display energy - saving options and signage identifying standard and opti onal features that contribute to the overall efficiency of the home. Handout materials shall be made available in the model home describing the optional features, including costs, benefits, energy savings, etc.
15.45.060 - Energy Efficiency for Existing Buildings.
Energy efficiency upgrades are required when a building permit is issued for any addition or alteration to non-residential buildings, or when a building permit is issued for any addition or alteration with a project valuation of sixty-five thousand dollars or more to a residential building.
In all cases of additions or alterations that trigger the requirement , compliance is required as follows:
1. Applicants will dedicate an additional amount of ten percent of project valuation toward energy upgrades, up to a maximum of twenty thousand dollars beyond the original permit valuation for the addition or alteration.
2. Energy upgrades that can be coun ted toward meeting this requirement include those that are part of the original addition or alteration that exceed local and state requirements, and those that are beyond the original scope of the project that meet or exceed local and state requirements.
3. The building official will have the flexibility to determine substantial compliance with this section in cases where practical difficulties make it infeasible to meet the requirements. A project proponent would need to demonstrate in writing that the requ irements are financially infeasible, that they are infeasible within the project timeframe, that the products needed are not available, or that other practical difficulties exist.
15.45.070 - GHG Performance Standard for New Development.
All new development in the city shall contribute to the reduction of greenhouse gas emissions by demonstrating consistency with the climate action plan by implementing one or a combination of the following three options:
1. Exceed by three percent the mandatory California Energy Code Title 24, Part 6 standards, in effect at the time of development application submittal for discretionary review; or
2. Achieve an equivalent reduction through voluntary measures in the Califor nia Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of development application submittal for discretionary review; or
3. Provide other equivalent G HG reductions through measures including, but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emiss ions are reduced by 0.04 MT CO2e per residential dwelling unit per year and/or 0.11 MT CO2e per thousand square feet of commercial/industrial development per year.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 209
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Applicants that ch oose Option 1 described above will be required to verify that their proje ct meets the three percent improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF -1R) or for commercial/indu strial construction (PERF-1C). Applicants that choose Options 2 or 3 described above will be required to utilize the GHG Performance Standard Checklist developed by the city, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the director of community development to demonstrate the req uired GHG reductions consistent with the city's CAP.
Chapter 15.46 - ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
15.46.010 - Small Residential Rooftop Solar Energy System Review Process
15.46.010 - Small Residential Rooftop Solar Energy System Review Process.
A. The following words and phrases as used in this section are defined as follows:
Electronic submittal means the utilization of one or more of the following:
1. E-mail;
2. The internet;
3. Facsimile.
Small residential rooftop solar energy system means all of the following:
1. A solar energy system that is no larger than 3 8.4 kilowatts alternating current nameplate rating or thirty kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or modu le array that does not exceed the maximum legal building height as defined in this Code or applicable provisions of state law.
Solar energy system has the same meaning set forth i n paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Co de, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
B. Prior to submitting an application, the applicant shall:
1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
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2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection te chniques that the existin g electrical system including existing line, load, ground, and bonding wiring, as well as main panel and subpanel si zes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic elec trical loads.
C. An appl icant may submit the permit application and associated documentation to the city's building division by personal, ma iled, or electronic submittal together with any required permit processing and inspection fees. In the case of elec tronic submittal, the ele ctronic signature of the applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
D. For a small residential rooftop solar energy system eligible for expedited review, only one inspecti on from the building divi sion shall be required, which shall be done in a timely manner. A separate fire inspection is required to be performed by the Chino Valley Independent Fire District. If a small residential rooftop solar energy system fails inspecti on, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
E. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
F. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirem ents of the checklist, the building official shall administratively approve the application and issue all required permits and authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
Chapter 15.48 - SECURITY AND SAFETY STANDARDS FOR CONSTRUCTION Sections:
15.48.010 - Purpose.
15.48.020 - Application.
15.48.030 - Definitions.
15.48.040 - Compliance—Required.
15.48.050 - Compliance—Time—Procedure.
15.48.060 - Security standards—Generally.
15.48.070 - Security standards—Residential units.
15.48.080 - Security standards—Commercial/industrial building.
15.48.090 - Exceptions—Criteria for approval.
15.48.100 - Testing.
15.48.110 - Reserved.
15.48.120 - Enforcement.
15.48.130 - Violation—Penalty.
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15.48.010 - Purpose.
The city declares the provisions contained in this chapter both desirable and necess ary for the safety and protection of human life and property.
15.48.020 - Application.
The provisions of this chapter shall be applied at such times as building permits are issued for new building construction or any structural addition to an existing building. The existing structure shall meet the provisions of this code when additions thereto are constructed.
15.48.030 - Definitions.
For the purpose of this chapter, the definitions given in this section shall govern the meanings of the following words and phrases:
A. "Building official" means the building official of the city.
B. "Building permit" means approval to commence construction issued by the building official upon determination that all plans and specifications for a proposed building or structure conform to the city's codes and standards.
C. "Locks" include the following:
1. "Cylinder spring dead latchset" means a latching device and strike plate which is positively held in deadlatch position w hen the door is closed by means of an added integral slide trigger mechanism. The complete set shall consist of pin tumbler cylinder key operation from the exterior and a knob, thumbturn, or lever handle from the interior.
2. "Dead-latching lockset" means a lock similar to the cylinder sprin g dead latchset, except the lockset shall consist of a k nob on both sides and shall be locked or unlocked by a pin tumbler cylinder key from exterior and a turn button from interior.
3. "Panic-free lockset" means a h igh security lockset with a one -inch throw deadbolt and a cylinder guard. The deadbolt is retr acted simultaneously by single action of the interior knob for panic escapement.
4. "Double cylinder deadlock" means a bolt with one -inch throw which has no aut omatic spring action and which is oper ated by a pin tumbler cylinder key from either side of t he door.
The bolt must be steel or contain steel embodiments.
5. "Single cylinder deadlock" means a bolt similar to the double cylinder deadlock, but actuated by a pin tumbler cylinder key from the outside and a thumbturn on the inside and is positively held fast when in the projected position.
D. "Lock components" include the following:
1. "Cylinder guard" means a hardened free-turning steel ring surrounding the exposed portion of the lock cylinder and is so fastened as to protect the cylinder from w renching, prying, cutting, or pulling by attack tools.
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 212
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2. "Insert" means a hardened steel pin contained in the bolt and located to prevent bolt cutting with common tools.
3. "Security strike" means a heavy gauge steel strike with four off center screws one and one- half inches long permitting full penetration into the rough buck. Approximate dimensions: three and five-eighths inches by one and one-fourth inches.
15.48.040 - Compliance—Required.
Materials, methods of construction or structural design limitations provided for in this chapter are to be used unless an exception is granted.
15.48.050 - Compliance—Time—Procedure.
All construction plans and drawings for structures and additions ther eto submitted to the city for a building permit shall note the requirements of this chapter and incorporate the provisions into the plans and drawings. After the effective date of the ordinance codified in this chapter, the building official shall not issue a building permit to any person, f irm or corporation that proposes to erect, construct or enlarge any building or structure, or cause the same to be done, without providing verification that the building or addition conforms to the regulations set forth in this chapter.
15.48.060 - Security standards—Generally.
A. Louvered windows shall not be used.
B. Overhead garage doors shall be equipped with slide bolts, which shall be capable of utilizing padlocks with minimum nine thirty-seconds inch shackle.
C. Where sliding or accordion doors are utilized, th ey shall be equipped with guide tracks which shall be designed so that the door cannot be removed from the track when in the closed and locked position.
D. Sliding glass windows and doors shall be e quipped with a pin -joined locking mechanism containing a heavy duty bolt which locks the door securely to adjacent stationary window.
E. Windows and sliding glass doors may have iron grill work for protection if the grillwork can be opened easily from the inside without the use of any tool or key.
15.48.070 - Security standards—Residential units.
The following special provisions shall apply to residential buildings in the city in addition to the general security standards contained in Section 15.48.060:
A. Doors shall comply with the following regulations:
1. All exterior swinging doors shall be of solid core construction with a minimum thickness of one and three-fourths inches, or with panels not less than nine-sixteenths inch thick.
2. Any swinging do or leading from a garage into a residence, shall be of solid core construction with a minimum thickness of one and three-eighths inches.
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3. All swinging exterior doors and doors leading from garage areas into dwellings shall be equipped with a one-inch deadbolt locking mechanism. The deadbolt shall have a minimum bolt throw of one-inch and shall be equipped with a steel insert and a free turning cylinder guard.
EXCEPTION. Exterior swinging doors leading into garages have a minimum requirement to be equipped with a dead latch locking mechanism.
4. Main entrance door shall be operable from the inside without the use of a key or any special knowledge or effort.
5. All entry doors on upper floors to apartments not containing alternate emergency escape routes shall use panic-free double locksets.
6. When entry doors are doubles, one leaf shall be held in posi tion by hand bolts at top and bottom with a minimum penetration into floor and jamb of one inch.
7. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins.
8. All front exterior doors shall be equipped with a wide angle one hundred eighty-degree door viewer, except where occupant has clear vision of the area immediately outside the door without opening the door.
9. Trimmers on exterior doors shall be four inches by four inches trimmer, well nailed to the king stud and accurately set to receive the finish door jamb. This requirement shall apply only to new construction.
10. Exterior doors with glazing within forty inc hes of any locking mechanism shall be protected by rated burglary resistant glazing or a double cylinder deadbolt lock.
B. Address markings shall comply with the following regulations:
1. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, of a color contrasting to the background and locat ed so they may be clearly seen and read.
2. In multiple -family dwelling complexes, each residential building shall display a street number in a prominent position. It shall be lighted (equipped with a photo sensitive automatic lighting device) and be easily visible from a street, driveway or pedest rian walkway. Sai d identification shall be no less than six inches in height and of a color contrasting to the background. The entrance of each dwelling unit shall have a unit identifying number, letter or combination thereof, displayed or adjacent to the dwelling unit doo r and be no less than three inches in height and of a contrasting color to the background.
3. Maps of the complex shall be furnished to the police and fire departments upon completion of construction. The maps shall include building identification and unit identification.
C. Lighting shall conform to the following regulations:
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1. Provisions for lighting must meet design review standards before approval.
2. All exterior doorway entrances shall be equipped with photo sensitive automatic lighting devices capable of providing at least one footcandle of light at ground level during hours of darkness.
3. Aisles, passageways, mailbox locations, patio and balconies, recreation buildings, laundry rooms, within multiple-family dwelling complexes shall be equipped with security lighting devices such as photo sensitive or automatic lighting devices capa ble of providing at least .25 footcandles of light at ground level during hours of darkness.
4. Open parking lots and carports of multiple -family dwelling comp lexes shall be equipped with photo sensitive or automatic lighting devices capable of providing at least one footcandle of lighting on the parking surface during hours of darkness.
5. All lighting devices shall be protected by vandal-resistant covers.
15.48.080 - Security standards—Commercial/industrial building.
The following special provisio ns shall apply to all commercial/industrial buildings and additions thereto constructed in the city in addition to the general s ecurity standards contained in Section
15.48.060:
A. Door security shall meet the following specifications:
1. All exterior swinging doors shall be equipped with a one -inch deadbolt locking mechanism.
The deadbolt shall have a minimum bolt throw of one inch and shall be equipped with a steel insert and a free turning cylinder guard.
2. Swinging exterior glass doors, wood or m etal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows:
a. Wood doors shall be s olid core construction with a minimum thickness of one and three - fourths inches.
b. Hollow metal doors shall be constructed of a minimum equivalent to sixteen U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around the locking device.
3. Except when double cylinder deadbolts are utilized, any glazing utilized within forty inches of any door locking mechanism shall be constructed or protected as follows:
a. Fully tempered glass or rated burglary resistant glazing; or b. Iron or steel grills or at least one-eighth inch metal with a maximum two-inch mesh secured on and easily removable from the inside of the glazing may be utilized; or c. The glazing shall be covered with iron or steel bars of at least one -half inch round or one inch by one-fourth inch flat metal, spaced not more than five inches apart and secured on and easily removable from the inside of the glazing;
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Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 215
ORDINANCE NO. 2022-015
d. Items b and c shall not interfere with the operation of opening windows if such windows are required to be openable by the California Building Code.
4. Hinges for outswinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins.
5. The jamb on all aluminum frame s winging doors shall be so constructed or protected to withstand sixteen hundred pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike.
6. In multiple-occupancy office buildings, all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors.
B. Windows shall meet the following specifications:
1. Windows shall be deemed accessible if le ss than twelve feet above ground or adjacent to any pedestrian walkway.
2. Accessible windows having a pane or opening exceeding ninety-six square inches, with the smallest dimension exceeding six inches, and not v isible from a public or private thorough fare shall be protected in the following manner:
a. Fully tempered glass or burglary-resistant glazing; or b. Window barriers may be used but shall be secured with bolts which are nonremovable from the exterior while remaining removable from the interior:
i. Interior or exterior steel or iron bars of at least one -half inch round or one inch by one - quarter inch flat metal spaced not more than five inches apart and securely fastened; or ii. Interior or exterior iron or steel grills of at least one -eighth inch metal with not more than a two-inch mesh and securely fastened.
c. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the California Building Code.
3. Hinges f or outswinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing hinge pins.
4. All hatchway openings on the roof of any bu ilding or premises used for business pur poses shall be secured as follows:
a. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge sheet steel, or its equivalent, attached with screws. b. The hatchway shall be secured from the inside with a slide bar or slide bolts. c. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.
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ORDINANCE NO. 2022-015
5. All air dust or air vent openings exceeding ninety -six square inches on the roof or exterior walls of any commercial building shall be secured by covering same with either of the following:
a. Iron or steel bars of at least one -half inch round or one inch by one -fourth inch flat metal spaced not more than five inches apart and securely fastened; or b. Iron or steel grills of at least one -eighth inch with a maximum two -inch mesh and securely fastened;
c. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior;
d. The above must not interfere with venting req uirements, creating a potentially hazardous condition to health and safety, or conflict with the provisions of the California Building Code or Title 19, California Administrative Code.
C. Permanently affixed exteri or ladders leading to roofs shall be ful ly enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case hardened clasp secured with nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin-type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with nonremovable key when in an unlocked position.
D. Lighting and address markings shall conform to the following specifications:
1. The address number of every commercial building shall be located and displayed so that it is easily visible from the street. The numerals in these numbers shall be no less t han eight inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building.
2. All exterior doors to commercial buildings shall be equipped with a lighting device capable of providing a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism-resistant covers.
3. Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day.
15.48.090 - Exceptions—Criteria for approval.
The building official may approve any material method of construction or structural design not specifically provided for in this chapter; provided that:
A. He finds the proposed design to be satisfactory and the material and method of work offered is for the purpose intended;
B. He finds the materials, method of construction and structural design is at least equivalent to that prescribed in this chapter in quality, strength, eff ectiveness, crime resistance, durability and safety;
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 217
ORDINANCE NO. 2022-015
C. The fire department has determined that the alternative is in conformance with the California Administrative Code.
15.48.100 - Testing.
Whenever there is insuffi cient evid ence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate materials or methods of construction a s allowed by Section 15.48.090, the building official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency.
15.48.110 - Reserved.
15.48.120 - Enforcement.
The building official or his authorized representatives are empowered and directed to administer and enforce the provisions of this chapter relating to physical security requirements for buildings in the city.
15.48.130 - Violation—Penalty.
Any building or addition thereof constructed subsequen t to the effective date of the ordinance codified in this chapter which is not in compliance with the provisions of this chapter shall not be given a final inspection or right of occupancy by the city until all ap plicable provisions of this chapter are complied with.
Chapter 15.50 - ENFORCEMENT
Sections.
15.50.010 - Violations.
15.50.020 - Penalties.
15.50.030 - Recovery of Attorneys’ Fees.
15.50.010 - Violations.
A. It shall be a misdemeanor for any person to alter, construct, convert, demolish, enla rge, equip, erect, improve, maintain, move, occupy, rep air, or use any building or structure in the city, or cause or permit the same to be done contrary to or in violatio n of any provision of any code adopted under this title. A person shall be guilty of a separate and distinct offense for each and every day during which any violation of any provision of any code adopted under this title is committed, continued, or permitted to be committed or continued.
B. It shall be a misdemeanor for any person or entity to fail to comply with a notice or order to comply or repair issued under any provision of any code adopted under this title. A person shall be guilty of a separate and distinct offense for each and every day that he or she fails to comply with the notice or order. A violation of this subsection is independent and does not depend on a finding that the person cited also violated another provision of this code. It shall n ot be a defense to a prosecution unde r this subsection that the person cited under this subsection was found not guilty of the underlying violation.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 218
ORDINANCE NO. 2022-015
15.50.020 - Penalties.
Every person found guilty of a misdemeanor shall be punishable for each separate offense by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.
15.50.030 - Recovery of Attorneys' Fees.
Recovery authorized. Any violation of this municipal code is hereby determined to constitut e a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorney's fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall a n award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the judicial action or admini strative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, insp ection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. In addition to any other basis, the city shall al so be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the city expires, and also when the city's enforcement action was a cause or catalyst for compliance. The failure of a court to award attorneys' fees to the city shall not preclude the city from recovering its attorneys' fees and cos ts through an administrative or other process.
Chapter 15.60 - SAFETY ASSESSMENT PLACARDS
Sections:
15.60.010 - Intent.
15.60.020 - Application.
15.60.030 - Definitions.
15.60.040 - Placards—Content.
15.60.050 - Placards—Depiction.
15.60.060 - Penalty for violation.
15.60.010 - Intent.
This chapter approves the use of st andard placards to indicate the condition of buildings and structures for continued occupancy and authorizes the building official, or his or her authorized representative, to post such placards at each entry point to a building or a structure upon completion of a safety assessment.
15.60.020 - Application.
The provisions of this chapter shall apply to the occupancy of all buildings and structures subject to the regulatory jurisdiction of the city of Chino.
15.60.030 - Definitions.
The term "safety assessment" shall mean a visual, non -destructive examination of a building or structure by the building official or his or her authorized representative for the purpose of determining its suitability for continued occupancy.
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 219
ORDINANCE NO. 2022-015
15.60.040 - Placards—Content.
The following are descriptions of the official placards to be used to design ate the condition for continued occupancy of buildings or structures, copies of which are depicted in the addendum to Section 15.60.050:
1. INSPECTED—Lawful Occupancy Permitted. This placard is to be posted on any building or structure wherein no apparen t structural hazard has been found. However, it is not intended to mean that there is no damage to th e building or structure. This placard sh all be printed with a green background or on green paper, for easy recognition.
2. RESTRICTED USE. This placard is to be posted on any building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continue d occupancy. The person who posts this placard shall note in general terms the type of damage encountered and clear ly and concisely describe the restrictions on continued occupancy. This placard shall be printed with a yellow background or on yellow paper, for easy recognition.
3. UNSAFE—Do Not Enter or Occupy. This placard is to be posted on any building or structure that has been damaged so severely that continued occupancy poses a threat to life or safety. Buildi ngs or structures posted with this placard shall not be entered und er any circumstance, unless authorized in writing by the building official or his or her authorized representative. However, city safety assessment personnel and teams shall be authorized t o enter these buildings or structures at any time. This placard is not to be used as or considered to be a demolition order. The person who posts this plac ard shall note in general terms the type of damage encountered. This placard shall be printed with a red background or on red paper, for easy recognition.
4. JURISDICTIONAL SEAL, CODE REFERENCE AND RESPONSIBLE DEPARTMENT.
Each such placard shall contain the Seal of the city of Chino, a reference to the provisions of the city code pursuant to which such placard was authorized, and the responsible department name, address and phone number.
15.60.050 - Placards—Depiction.
The placards authorized by the pre ceding Section 15.60.040 are depicted in the following tables:
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 220
ORDINANCE NO. 2022-015
Table 15.60.050.a
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 221
ORDINANCE NO. 2022-015
Table 15.60.50.b
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 222
ORDINANCE NO. 2022-015
Table 15.60.50.c
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 223
ORDINANCE NO. 2022-015
15.60.060 - Penalty for violation.
(a) It shall be a misdemeanor for any person to occupy any building or structure in violation of the placard posted thereon pursuant to this chapter. A person shall be guilty of a separate and distinct offense for each and every day that he or she fails to comply with such posted placard. (b) It shall be a misdemeanor for any person to remove a placard posted on any building or structure pursuant to this chapter.
(c) Every person found guilty of a misdemeanor shall be punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.
Chapter 15.70 – APPEALS
Sections:
15.70.010 - Appeals.
15.70.010 - Appeals.
Any recipient of a decision, order or determination by the city's building official or designee relating to the application of regulations and building standards codified in Title 15 of this code may appeal that decision, order or determination in accordance with Section 8.50.100 and Chapter 8.50 of this code.
The failure to file a timely and complete appeal as required by Section 8.50.100 and Chapter 8.50 shall constitute a waiver of all rights to appeal and a failure to exhaust administrative remedies. The decision of the hearing officer, as provided in Section 8.50.100, shall be final.
Section 2: Severability. If any s ection, subsection, sent ence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The city council declares that it would have enacted this Ordinance and each section, subsection, sentence, clause and phrase hereof irrespective of any determination of invalidity.
Section 3: The City Clerk of the City of Chino sha ll certify to the passage and ado ption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, printed and published within said City in accordance with the provisions of the Government Code.
ADOPTED THIS 1st DAY OF NOVEMBER 2022.
________________________________
EUNICE ULLOA, MAYOR
ATTEST:
________________________________
ANGELA ROBLES, CITY CLERK
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 224
ORDINANCE NO. 2022-015
State of California )
County of San Bernardino ) §
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the 1st day of November 2022.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
ANGELA ROBLES, CITY CLERK
10.11.a
Adoption of Ordinance No. 2022-015 (Amending Title 15 of Packet Pg. 225
Revenue: Expenditure: 5307320-43580
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: AMER JAKHER, PUBLIC WORKS DIRECTOR
FROM: LINDA REICH, CITY MANAGER
SUBJECT: ADOPT ORDINANCE NO. 2022-017 AMENDING SECTION 13.12.150 OF THE MUNICIPAL CODE REGARDING MAINTENACE OF SEWER LATERALS.
RECOMMENDATION
Adopt Ordinance No. 2022-017, on second reading, amending Section 13.12.150 of the Municipal Code regarding maintenance of sewer laterals.
FISCAL IMPACT
Adopting the proposed ordinance will increase expenditure costs to the City by an estimated $50,000 annually. There are sufficient funds in the adopted Fiscal Year 2022-23 Sewer Services Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Superior Customer Service
• Responsible Long-Range Planning
10.12 CONSENT CALENDAR
Packet Pg. 226
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: ADOPT ORDINANCE NO. 2022-017 AMENDING SECTION 13.12.150 OF THE
MUNICIPAL CODE REGARDING MAINTENACE OF SEWER LATERALS
PAGE 2
BACKGROUND
This matter was introduced to the City Council and approved at the October 18, 2022, regular City Council meeting. Ordinance No. 2022 -017 amends Section 13.12.150 of the Chino Municipal Code regarding the main tenance of sewer laterals. Once adopted on the second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
ORDINANCE NO. 2022-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 13.12 .150 OF THE CHINO MUNICIPAL CODE REGARDING MAINTENANCE OF SEWER LATERALS.
10.12 CONSENT CALENDAR
Packet Pg. 227
ORDINANCE NO. 2022-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE
MUNICIPAL CODE REG ARDING MAINTENANCE OF SEWER
LATERALS
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Section 13.12.150 (Maintenance—Sewer Laterals) is hereby revised as follows (additions in bold underline):
The owner of each parcel of land that is served by a sewer lateral shall be responsible for the cleaning, repair, maintenance, and replacement of that sewer lateral, except for the portion of the lateral located within the public right-of- way or within a public easement , which shall be the responsibility of the City.
Section 2. Severability. If any sec tion, subsection, sentence , clause, phrase , or portion of this Ordinance, or the applica tion thereof to a ny person or circ umstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provis ion or appl ication, an d to t his end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordina nce and each section, subsection, sentence, clause, phrase, part or po rtion thereof, i rrespective of t he fac t that any one or more s ections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 3. Effective Date. This Ordinance shall be in ful l force a nd effect thirty (30) days after its second reading and adoption.
Section 4. Certification. The City Cl erk of the City of Chino shall cert ify to the passage and adoption of this Ordinance and shall cause the sa me to be published in the Chino Champion, a new spaper of general circula tion, w ithin said City in accordance with the provisions of the Government Code.
ADOPTED THIS 1ST DAY OF NOVEMBER 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
10.12.a
Adopt Ordinance No. 2022-017 Amending Section
Packet Pg. 228
Ordinance No. 2022-017
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Angela Robles, City Clerk of the C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting he ld on the 1st day of November 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
ANGELA ROBLES, CITY CLERK
10.12.a
Adopt Ordinance No. 2022-017 Amending Section
Packet Pg. 229
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: REQUEST FOR RELIEF FROM THE PROVISI ONS OF TITLE 12 OF THE MUNICIPAL CODE - 5135 WALNUT AVENUE (PL22-0053).
RECOMMENDATION
1) Adopt Resolution No. 2022-072, approving a modification pursuant to Section 12.08.070 of the Chino Municipal Code, exempting the owner at 5135 Walnut Avenue from the requirement to construct public improvements along their frontage.
FISCAL IMPACT
The cost for future public improvements to be constructed by the City will be determined as part of the City's Capital Improvement Program at a later time.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships
11.13 NEW BUSINESS
Packet Pg. 230
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: REQUEST FOR RELIEF FROM THE PROVISIONS OF TITLE 12 OF THE MUNICIPAL CODE - 5135 WALNUT AVENUE (PL22-0053)
PAGE 2
BACKGROUND
On August 17, 2022, the applicant submitted an application to the City for preliminary review that proposed a change to the existing use of the property from a 2,685 square foot preschool to a 3,426 square foot church including an 833 square foot addition to the existing building. Staff prepared review comments and met with the applicant on September 7, 2022.
Because the public improvements along the property frontage are not at the ultimate loca tion per the General Plan, the owner is required by the Chino Municipal Code to both dedicate 10 feet for right -of-way and construct public improvements along the full property frontage. These public improvements include the 7 -foot widening of Walnut Avenu e in conformance to the General Plan. On September 12th, the City received a letter from the Senior Pastor of Potter's Wheel Assembly, Chinaka S. DomNwachukwu, Ph.D., requesting that the City Council exempt the church from the Code requirement to construct public improvements pursuant to Section
12.08.070 of the Code.
The proposed project is in the RD4.5 - Residential Single Family zone. The General Plan currently stipulates for Walnut Avenue to be widened from its current condition of 68 feet of right-of-way (with 50 feet curb to curb) to its ultimate design of 88 feet of right -of-way (with 64 feet curb to curb).
Chapter 12.08 of the Municipal Code requires property owners to construct public improvements along the frontage of their property, where they do not currently exist or are deficient, when they conduct any type of development activity. This includes building additions where the square footage is increased by more than five percent. Section 12.08.070 of the Code allows the City Council to modify the se requirements where “unusual conditions or the provisions of this chapter would constitute an extreme hardship or would be impractical”, upon written request of the owner.
ISSUES/ANALYSIS
The block of Walnut Avenue that the property fronts on currently d oes not reflect the public improvements at its ultimate design per the City of Chino General Plan. If the property owner were required to construct public improvements at the ultimate location including widening Walnut Avenue by 7 -feet, they would only be partial, as the properties to the east and west of the site would remain in their current condition and not compliant with the ultimate design. The requirement to widen Walnut Avenue only along the property frontage is impractical. The full future widening of Walnut Avenue would also involve acquisition of right -of-way from adjacent properties, including the frontage of single-family homes to the west, and the shopping center to the east.
The partial improvement of the roadway could cause stormwater managem ent and transportation issues if curb and gutter were not built at its ultimate location along the entire block simultaneously. It would be best for all residents and property owners in the area if these improvements were built fully and all at once. As st ated above, the City lacks the full right -of- way along Walnut Avenue to the east and west of the property. The City will also be evaluating the width and operation of Walnut Avenue as part of the General Plan Update project, which may result in changes to the ultimate roadway width and configuration.
Additionally, the property owner stated that the cost of constructing the public improvements would be an extreme financial burden and significant when compared to the cost of the addition.
Staff has calculated an initial estimate of approximately $30,500.00 for the cost of the
11.13 NEW BUSINESS
Packet Pg. 231
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: REQUEST FOR RELIEF FROM THE PROVISIONS OF TITLE 12 OF THE MUNICIPAL CODE - 5135 WALNUT AVENUE (PL22-0053)
PAGE 3
improvements; however, the ultimate cost could be higher due to escalating labor and materials costs in the construction industry. For these reasons, the property owner contends that the construction of full public improvements would be infeasible and requests relief from the requirements of the Code. The owner will, however, dedicate the future 10 -foot right -of-way along the frontage of Walnut Avenue to the City so that the full improveme nts can be constructed in the future.
Attachment: Resolution No. 2022-072
Waiver Request Letter
11.13 NEW BUSINESS
Packet Pg. 232
RESOLUTION NO. 2022-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING A MODIFICATION PURSUANT TO SECTION
12.08.070 OF THE CHINO MUN ICIPAL CODE, EXEMPTING THE PROPERTY LOCATED AT 5135 WALNUT AVENUE FROM THE REQUIREMENT TO
CONSTRUCT PUBLIC IMPROVEMENTS AND ACCEPT THE FUTURE RIGHT -
OF-WAY DEDICATION ALONG THE PROPERTY FRONTAGE
WHEREAS, on August 17, 2022, the property owner submitted an application to the City for preliminary review that proposed a change to the existing use of the property located at 5135 Walnut Avenue from a preschool to a church; and
WHEREAS, as part of the pre liminary review, certain public improvements were identified to include the widening of Walnut Avenue in conformance to the General Plan; and WHEREAS, Chapter 12.08 of the Municipal Code requires property owners to construct public improvements along the fron tage of their property, where they do not currently exist, when they conduct any type of development activity; and WHEREAS, Section 12.08.070 of the Municipal Code allows the City Council to modify these requirements where “unusual conditions or the provis ions of this chapter would constitute an extreme hardship or would be impractical,” upon written request of the owner; and WHEREAS, the City received an application to constru ct an addition to an exis ting building for the property located at 5135 Walnut Avenue (Property), which requi res the owner (Property Owner) of the Property to dedicate 10-feet of property along the frontage for right -of- way purposes, and to also construct public improvements along the frontage per the Municipal Code 12.08; and
WHEREAS, on September 12, 2022, the City received a letter from the Property Owner requesting that the City Council exempt the property owner from the Municipal Code requirement to construct public improvements pursuant to Section 12.08.070 of the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF C HINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The cost for future public improvements to be constructed by the City will be determined as part of the City’s Capital Improvement Program in the future.
Section 2. The cost of constructing the public improvements would be significant when compared to the cost of the building addition for the Property. For these reasons, the City Council finds that the construction of full public improvements would be impractical and hereby relieves the Property Owner from the requirement of Municipal Code 12.08 to construct same.
Section 3. The Property Owner is nevertheless not relieved of the ob ligation to dedicate the future right-of-way along the frontage of the Property to the City, as described above, so that the full improvements can be constructed by the City in the future and the Property Owner shall execute appropriate documentation required by City to cause such dedication as a condition of the approval of the Property Owner’s application for the building addition at the Property.
11.13.a
Request for Relief from the Provisions of Title 12 - 5135 Packet Pg. 233
RESOLUTION NO. 2022-072
PAGE 2
Section 4. This Resolution shall become effective upon adoption.
APPROVED AND ADOPTED THIS 1st DAY OF NOVEMBER, 2022 .
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
State of California )
County of San Bernardino ) ss.
City of Chino )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 1st day of November 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
11.13.a
Request for Relief from the Provisions of Title 12 - 5135 Packet Pg. 234
11.13.b
Request for Relief from the Provisions of Title 12 - 5135 Packet Pg. 235
Revenue: Expenditure: 3207100 - 40010 - ST182 / 321-G7802/321- G7803
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: APPROPRIATION OF FUNDS: ST182 - PUBLIC IMPROVEMENTS AND
REIMBURSEMENT AGREEMENT FOR THE CHINO HIGH SCHOOL
RECONSTRUCTION PROJECT.
RECOMMENDATION
1) Appropriate $154,854.13 and a 10% contingency in the amount of $15,485.41 for a total amount of $170,339.54 to the Transportation Fund with a year end transfer from the General Fund reserves; 2) increase the project budget of ST182 by $170,339.54 for a revised project budget of $1,639,299.59; and 3) authorize the City Manager to execute necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation to the Transportation Fund 320, in the amount of $170,339.54 with a corresponding year end transfer from the General Fund reserves. The revised project budget for ST182, is $1,639,299.59, which includes TDA Grant funding from G7802 and G7803. There is sufficient fund balance for this purpose.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
11.14 NEW BUSINESS
Packet Pg. 236
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: APPROPRIATION OF FUNDS: ST182 - PUBLIC IMPROVEMENTS AND
REIMBURSEMENT AGREEMENT FOR THE CHINO HIGH SCHOOL RECONSTRUCTION
PROJECT
PAGE 2
BACKGROUND
On January 5, 2021, the City Council approved a Reimbursement Agreement between the City and the Chino Valley Unified School District (CVUSD) for the design and construction of certain off-site street, pedestrian, and utility improvements associated with the Chino High School reconstruction project. The required improvements include, but are not limited to, street and curb ramp improvements, driveways, streetlights, sidewalks, curb, gutter, and crosswalks along the perimeter of Chino High School. In collaboration with CVUSD, the City entered into the Reimbursement Agreement such that some of the public improvements would be the financial responsibility of the City due to the location and/or scope of the improvements.
The table below outlines the anticipated estimated costs to each participating agency at the time the City entered into the Reimbursement Agreement. The design costs were estimated to be $90,000 out of the total estimated City share of $1,127,000.
Task Description City Share District Share Total Est. Project Cost
Engineering Cost
Estimate for
Construction of Offsite
Improvements
$857,000 $5,061,368 $5,918,368
Estimated Design Costs $90,000 $445,000 $535,000
Estimated Construction
Management
$180,000 $852,918 $1,032,918
Estimated Total $1,127,000 $6,359,286 $7,486,286
At the Ja nuary 5, 2021 City Council Meeting, the City’s contribution to CVUSD for design, construction, construction management, and inspection costs under terms of the Reimbursement Agreement was appropriated to project ST182, which increased the overall project budget for the Chino High School Reconstruction Project to $1,468,960.05. This project budget includes the City’s estimated share of $1,127,000 and additional smaller project costs such as permitting, plan check, and associated utility fees that will be sha red between the City and CVUSD proportionally as they occur.
ISSUES/ANALYSIS
Section 2 of the Reimbursement Agreement stipulates that the City’s share of the design services shall be based on the actual pro -rate share of design costs arising from CVUSD’s Design Services Agreement and any additional costs arising from City approved design revisions. The City’s share of the project primarily consists of construction of directional accessible curb ramps, high visibility crosswalks, curb, gutter, sidewalk, pavement rehabilitation, and signing and striping along the outer edge of the high school perimeter frontage, as shown on the Comprehensive Off -Site Street Improvement Scope Exhibit. The design of the off -site improvements was initiated in September 2019. Sin ce project kick -off and formulation of the
11.14 NEW BUSINESS
Packet Pg. 237
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: APPROPRIATION OF FUNDS: ST182 - PUBLIC IMPROVEMENTS AND
REIMBURSEMENT AGREEMENT FOR THE CHINO HIGH SCHOOL RECONSTRUCTION
PROJECT
PAGE 3
initial cost estimate, several factors associated with the curb ramp design have attributed to additional design service costs. These factors included the City’s adoption of the Policy on Accessible Pedestrian Fac ilities on December 3, 2019 as well as an update to the California Building Code on July 1, 2021 which increased the complexity and scope of the curb ramp design.
In accordance with the Policy on Accessible Pedestrian Facilities, the number of curb ramps required to be constructed with the project increased from the initial estimate of 48 to 66.
Further, the limits of existing City rights of way and location of existing improvements on private property constrained the application of a typical directional ramp design at most of the intersections surrounding the school. Thus, City and CVUSD staff and CVUSD’s engineering consultant met and conferred numerous times during the design phase until a satisfactory design could be approved by the City. In most locat ions, an additional survey was commissioned in order to finalize the design.
The civil design costs incurred for the City’s share of improvements from September 2019 through the close of Fiscal Year 2021 -22 were $206,024.13, which exceeds the originally projected estimate of $90,000. Approval from the City Council is needed to pay off invoices received from CVUSD in Fiscal Year 2021 -22. Additional design services are anticipated through project completion in the amount of $38,830.00.
The estimated civil design costs and requested appropriations are itemized below:
Estimated Civil Design Costs
Design Expenses Through FY 2021/22 $206,024.13
Estimated Design Expenses through project
completion
$38,830.00
Total Estimated Project Design Costs $244,854.13
Original and Requested Appropriations
Original Design Cost Appropriation $90,000
Additional Design Cost Appropriation
Requested (No Contingency)
$154,854.13
Total Estimated Project Design Costs (No
Contingency)
$90,000 + $154,854.13 = $244,854.13
Requested Contingency $15,485.41
Total Requested Appropriation $154,854.13 + $15,485.41 = $170,339.54 Total Estimated Design Cost
(Contingency Included)
$244,854.13 + $15,485 = $260,339.54
Therefore, to reach the estimated design cost amount while incorporating a 10% contingency,
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COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: APPROPRIATION OF FUNDS: ST182 - PUBLIC IMPROVEMENTS AND
REIMBURSEMENT AGREEMENT FOR THE CHINO HIGH SCHOOL RECONSTRUCTION
PROJECT
PAGE 4
staff is requesting an appropriation from the General Fund reserves for project ST182 in a total overall amount not to exceed $170,339.54.
Attachment: Comprehensive Site Street Improvement Scope Exhibit
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11.14.a
Appropriation of Funds: ST182 - Public Improvements and Packet Pg. 240
Revenue: Expenditure: 3508030-48004-PK183, 3408300-48004-G8201, 6508310-48004-PF201.
Transfer In: 3401000-50000 Transfer Out:1001000-40001
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT: CONTRACT AMENDMENT - RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
RECOMMENDATION
1) Approve a professional service contract amendment to RHA Landscape Architects -Planners, Inc., Riverside, CA, in the amount of $194,210 for construction management services for a revised contract #2020193, amount of $1,385,250; 2) appropriate $25,640 to the Transportation Fund with a year -end transfer from the General Fund reserves and increase the total Monte Vista Park Project PK183 -(Public Right -of-Way Improvements) budget to $2,616,203.42; 4) increase the vendor cap for RHA Landscape Architects-Planners, Inc. by $194,210 for a total not-to-exceed amount of $1,385,250; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an additional appropriation of $25,640 for the Monte Vista Park Project PK183- (Public Right-of-Way Improvement s) from the Transportation Fund with a year -end transfer from the General Fund 100 reserves.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: CONTRACT AMENDMENT - RHA LANDSCAPE ARCHITECTS-PLANNERS, INC PAGE 2
BACKGROUND
In January 2020, the City awarded a contract to RHA Landscape Architects -Planners, Inc. for on-call landscape architectural services for design services of City park and facility sites.
Due to the extent of construction improvements associated with Monte Vista Park Public Right - of-Way Improvements, Old Schoolhouse Museum Barn & Site Improvements, and Chino Rancho Park Development projects, staff has elected to add project const ruction management services to RHA Landscape Architects -Planners, Inc.’s agreement. The construction management scope of work includes weekly meetings, inspections, site visits, field reports, project submittal reviews, and construction coordination.
ISSUES/ANALYSIS
On September 28, 2022, staff received a proposal from RHA Landscape Architects -Planners, Inc. The total cost for project construction management services is $194,210. The current contract amount awarded to RHA Landscape Architects -Planners, Inc. , for landscape architectural services totals $1,191,040. The requested increase of $194,210 will bring the total contract amount for RHA Landscape Architects -Planners, Inc. to $1,385,250. City Council authorization is required as the combined total of p urchase orders will exceed $50,000 authorized to one vendor.
Attachment: RHA Landscape Architects-Planners, Inc. - Contract Amendment No. 11
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-1-
01225.0001/458787.1
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________
AMENDMENT NO. 11
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and RHA LANDSCAPE ARCHITECTS-PLANNERS, INC. (“Consultant”) is effective as of the 1st day of November, 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated January 7, 2020 (“Agreement”) whereby Consultant agreed to provide architectural services.
B. City and Consultant entered into Amendment No. 1 dated May 5, 2020, to increase the not-to-exceed amount by $93,120.00 to equal a total of $343,120.00 and amend the Scope of Services to add additional tasks to the Ayala Park Northwest Parking lot and walkway to field 5 & 6 Project.
C. City and Consultant entered into Amendment No. 2 dated July 7, 2020, to increase the not-to-exceed amount by $192,125.00 to equal a total of $535,245.00 a nd amend the Scope o f Services to add additional tasks to the Monte Vista Park Public Right-of-Way Improvements Project and Central & Phillips Park Site Development Project.
D. City and Consultant entered into Amendment No. 3 dated July 21, 2020, to increase the not-to-exceed amount by $397,290.00 to equal a total of $932,535.00 a nd amend the Scope of Services to add additional tasks to the Ayala Park Improvements Project – Phase 1B, City Hall Improvements Project and the Senior Center & Library Improvements Project-Phase II.
E. City and Consultant entered into Amendment No. 4 dated October 20, 2020, to increase the not -to-exceed amount by $8,000.00 to equ al a total of $940,535.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.
F. City and Consultant entered into Amendment No. 5 dated October 21, 2020, to amend the Agreement to revise Exhibit B to incorporate mandatory flow-down provisions for projects under this Agreement that are funded partially or fully under a U.S. Government grant and to extend Agreement term.
G. City and Consultant entered into Amendment No. 6 dated May 18, 2021, to increase the not-to-exceed amount by $81,600.00 to equal a total of $1,022,135.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.
H. City and Consultant entered into Amendment No. 7 dated October 1, 2021, to increase the not-to-exceed amount by $45,950.00 to equal a total of $1,068,085.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.
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I. City and Consultant entered into Amendment No. 8 dated October 19, 2021, to amend the Agreement to increase the not-to-exceed amount by $28,205.00 to equal a total of $1,096,290.00 and amend the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.
J. City and Consultant entered into Amendment No. 9 dated January 27, 2022, to amend the Agreement to extend Agreement term through June 30, 2022.
K. City and Consultant entered into A mendment No. 10 dated July 1 9, 2022, t o amend the Agreement to extend Agreement term through June 30, 2023, increase the not-to-exceed amount by $94,750.00 to equal a total of $1,191,040 .00 and amend the Scope of S ervices to add additional tasks to the Ayala Park Improvements Project – Phase 1A and 1B. All other terms and conditions remain unchanged.
L. City and Consultant now desire to amend the Agreement to increase the not -to- exceed amount by $194,210.00 to equal a total of $1,385,250.00 and amend the Scope of Services to add a dditional tasks to the Monte Vista Park Pu blic Right -of-Way I mprovements, Old Schoolhouse Museum Barn & Site Improvements, and Chino Rancho Park Development projects.
All other terms and conditions remain unchanged.
TERMS
1. Contract Changes. The Agreement is amended as provided herein.
Section 3.4 Term, is hereby revised to read in its entirety as follows:
(a) The Scope of Services, at Exhibit “A” shall be amended to add the a dditional tasks for Consultant to conduct additional services for the Monte Vista Park Public Right-of-Way Improvements, Old Schoolhouse Museum Barn & Site Improvements, and Chino Rancho Park Development projects in Exhibit “A” to this Amendment.
(b) Delete Section 2.1 Contract Sum. of ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT in its entirety and replace with the following:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million Three Hundred Eighty-Five Thousand Two Hundred Fifty Dollars and Zero Cents ($1,385,25 0.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
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Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisi ons of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01225.0001/458787.1
IN WITNESS WHE REOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
_______________________________
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_______________________________
Fred Galante, City Attorney Silvia Avalos, Director of Community Services
CONSULTANT:
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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6800 INDIANA AVENUE, SUITE 245, RIVERSIDE, CALIFORNIA 92506 (951) 781 - 1930 LICENSE # 2799 FAX (951) 686 - 8091
A U T H O R I Z A T I O N F O R A D D I T I O N A L W O R K
TO: Date:
Project:
RHA Project No.
Authorization No.
Dear Carolyn,
RHA Landscape Architects -Planners, Inc. has developed the following scope of services and fee schedule for services required on the Monte Vista Park PROW project. These services are being provided to you in addition to the original contract at your request.
Scope of Services and Fee
1) Provide additional construction administration services a) Construction Coordination $4,650
b) Site Visits (9 months at 4 visits per month = 36 visits at 4 hours each) $10,350 c) Field Reports $2,160
d) RFI/COR Review and Coordination $3,240
e) Submittal Review $3,240
f) Reimbursable Expenses $2,000
TOTAL $25,640
This additional work authorization is an addendum to the existing contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of services, please sign and return this form to RHA Landscape Architects-Planners, Inc. A PDF version via email is sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. City of Chino
Doug Grove, RLA, ASLA, LEED AP By: __________________________________ President
Date: ______________________________
Carolyn Baltzer
City of Chino
13220 Central Avenue
Chino, CA 91708
September 23, 2022
Monte Vista Park PROW
20101.3
4 EXHIBIT "A" 11.15.a
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6800 INDIANA AVENUE, SUITE 245, RIVERSIDE, CALIFORNIA 92506 (951) 781- 1930 LICENSE # 2799 FAX (951) 686- 8091
A U T H O R I Z A T I O N F O R A D D I T I O N A L W O R K
TO: Date:
Project:
RHA Project No.
Authorization No.
Dear Carolyn,
RHA Landscape Architects -Planners, Inc. has developed the following scope of services and fee schedule for services required on the Chino Old Schoolhouse Museum project. These services are being provided to you in addition to the original contract at your request.
Scope of Services and Fee
1) Provide additional construction administration services a) Construction Coordination $5,275
b) Site Visits (9 months at 4 visits per month = 36 visits at 4 hours each) $37,475 c) Field Reports $7,200
d) RFI/COR Review and Coordination $5,670
e) Submittal Review $4,490
f) Reimbursable Expenses $3,000
TOTAL $63,110
This additional work authorization is an addendum to the existing contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of services, please sign and return this form to RHA Landscape Architects-Planners, Inc. A PDF version via email is sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. City of Chino
Doug Grove, RLA, ASLA, LEED AP By: __________________________________ President
Date: ______________________________
Carolyn Baltzer
City of Chino
13220 Central Avenue
Chino, CA 91708
September 28, 2022
Old Schoolhouse Museum
20101.1
4 11.15.a
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6800 INDIANA AVENUE, SUITE 245, RIVERSIDE, CALIFORNIA 92506 (951) 781- 1930 LICENSE # 2799 FAX (951) 686- 8091
A U T H O R I Z A T I O N F O R A D D I T I O N A L W O R K
TO: Date:
Project:
RHA Project No.
Authorization No.
Dear Carolyn,
RHA Landscape Architects -Planners, Inc. has developed the following scope of services and fee schedule for services required on the Chino Rancho Park project. These services are being provided to you in addition to the original contract at your request.
Scope of Services and Fee
1) Provide additional construction administration services a) Construction Coordination $5,320
b) Site Visits (9 months at 4 visits per month = 36 visits at 4 hours each) $30,500 c) Field Reports $7,200
d) RFI/COR Review and Coordination $4,320
e) Submittal Review $3,120
f) Annual Report Filing $2,000
g) Notice of Termination (NOT) Filing $1,000
h) Weekly Best Management Practice (BMP) Inspection $23,000 i) Storm Inspection $18,000
j) Storm Water Sampling $8,000
k) Reimbursable Expenses $3,000
TOTAL $105,460
This additional work authorization is an addendum to the existing contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of services, please sign and return this form to RHA Landscape Architects-Planners, Inc. A PDF version via email is sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. City of Chino
Doug Grove, RLA, ASLA, LEED AP By: __________________________________ President
Date: ______________________________
Carolyn Baltzer
City of Chino
13220 Central Avenue
Chino, CA 91708
September 28, 2022
Chino Rancho Park
20101.4
5 11.15.a
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Revenue: Expenditure: 5207310-40010/48007-WA19C-
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS - EASTSIDE
WATER TR EATMENT FACILITY EXPANSION AND BRINE DISPOSAL
PIPELINE DESIGN (WA19C).
RECOMMENDATION
1) Appropriate $ 207,182 from the unappropriated reserves of the Water Fund with a corresponding increase to the Eastside Water Treatment Facility Expansion and Brine Di sposal Pipeline Project WA19C , for a revised project budget of $19,536,050 ; 2) approve an amendment to the Construction Management and Inspection Professional Services Agreement #2021174, with TRC Engineers, Inc., Riverside, CA. in the amount of $ 140,006 for a total contract amount not -to-exceed $1,826,634.86; 3) approve an amendment to the Design Professional Services Agreement with Hazen and Sawyer, New York, NY. to extend the term of the existing contract through June 30, 2024 and increase the contract a mount by $67,176 for a not-to-exceed amount of $1,749,842 ; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation in the amount of $207,182 from the unappropriated reserves of th e Water Fund. There is sufficient fund balance for this purpose.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Long-Range Planning
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COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS - EASTSIDE
WATER TREATMENT FACILITY EXPANSION AND BRINE DISPOSAL PIPELINE DESIGN (WA19C)
PAGE 2
BACKGROUND
Due to continuing development and in order to provide treatment to City -owned groundwater wells, the City has embarked on Phase 3 of the Eastside Water Treatment Facility (EWTF).
Phase 3 includes the expansion of the treatment capacity from 3,500 gallons per minute (gpm) to 7,000 gpm and a dual 6 -inch diameter high density polyethylene ( HDPE) brine disposal pipeline from the EWTF. This line connects to the Inland Empire Brine Line near the intersection of Euclid Avenue and Kimball Avenue. The brine line is completed while the EWTF construction is approximately 90% complete.
On January 15, 2019, the City Council awarded a Design Professional Services Agreement to Hazen and Sawyer to design the Eastside Water Treatment Facility expansion and the brine disposal pipeline. Hazen and Sawyer have performed the work and services originally planned for the expansion and through additional amendments have been authorized to m odify the scope of work to provide subsequent designs for Well 17 to pump groundwater supply and incorporate the treatment options to the EWTF. The original expiration date of their agreement was June 30, 2019, and included limits of extensions leaving the latest contract expiration date at June 30, 2022. Staff will need to extend the design agreement by two years to include the completion of the Well 17 design and construction phases. This contract includes expenditures for projects WA19C and WA214.
On November 17, 2020, the City Council awarded a Professional Services Agreement with TRC Engineers, Inc. (TRC) for an original contract amount of $1,546,135.23.
The expansion project and brineline work were anticipated to be completed within 425 calendar days. As a re sult of the various change orders, the time provided for completion in the contract has increased by approximately 180 contract days extending the anticipated completion date to February 2, 2023 . The longest extension of the contract time was due to the procurement of new tanks that were initially planned to be reused but the inspection of the tanks as modifications were coordinated by the contractor which identified numerous failures and were considered unsuitable.
ISSUES/ANALYSIS
The design phas e of the EWTF expansion required a more robust engineering effort to determine the basis of design necessary for the supply wells 11, 16, and 17 to the treatment facility. Efforts to complete the design for Well 17 remain ongoing. Hazen & Sawyer’s scope of work already includes the permitting requirements necessary to amend the Division of Drinking Water permit to operate and treat the groundwater supply wells for 11, 16, and 17 at EWTF.
Recently, staff inspected the existing condition of Well 16 and found that additional repairs are necessary, including electrical and communications that were not a part of the original design for the EWTF expansion project. The proposed cost of the additional design effort for Well 16, which includes projected construction phase engineering services, is $67,176. Staff recommends that the City Council approve the term extension and amendment to the Design Professional Services Agreement with Hazen and Sawyer in the amount of $67,176 for the Well 16 additional design and construction support services.
There has been a previous amendment issued for the construction management services in the amount of $140,493.63. For TRC to continue to handle the project through the extended EWTF
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COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS - EASTSIDE
WATER TREATMENT FACILITY EXPANSION AND BRINE DISPOSAL PIPELINE DESIGN (WA19C)
PAGE 3
construction schedule completion date, an additional $140,006 is necessary. Staff recommends that the City Council approve the Fourth amendment to the Construction Management and Inspection Professional Services Agreement with TRC Engineers in a total contract amount not-to- exceed of $1,826,634.86.
Staff is also requesting that the City Council approve additional appropriation in the amount of $207,182 to cover amendments for design and construction management contract as outlined above.
Attachments: TRC Engineers, Inc. Amendment
Hazen and Sawyer Amendment
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Project Name/No.: Eastside Water Treatment Facility Contract No.: 2019-221 (A10) Expansion Design – Well 16 (WA19C)
Project Manager: NAvila Approved: ______________ AMENDMENT NO. 10
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
HAZEN AND SAWYER
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Hazen and Sawyer (“Consultant”) is effective as of the 2nd day of November, 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated January 15 th, 2019, (“Agreement”) whereby Consultant agreed to provide Consultant services.
B. City and Consultant entered into a First Amendment to the Agreement on July 1 st, 2019 to extend the term of the agreement.
C. City and Consultant entered into a Second Amendment to the Agreement on December 17 th, 2019 to increase compensation of the agreement for the performance of additional Design Engineering Services.
D. City and Consultant entered into a Third Amendment on July 1 st, 2020 to extend the term of the Agreement.
E. City and Consultant entered into a Fourth Amendment to the Agreement on January 19th, 2021 to increase compensation of the agreement for the performance of additional Design Engineering Services.
F. City and Consultant entered into a Fifth Amendment on January 19 th, 2021 to increase compensation of the agreement for the performance of additional Design Engineering Services modify the scope of work to add additional design services for the equipping of Well 17 and increase compensation.
G. City and Consultant entered into a Sixth Amendment on April 12 th, 2021 to modify the scope of work to add additional design services pertaining to the equipping of Well 17 (Project WA214) and associated services as described in Exhibit “A-5” and increase compensation.
H. City and Consultant entered into a Seventh Amendment on July 1 st, 2021 to extend the term.
I. City and Consultant entered into an Eighth Amendment on July 6 th, 2021 to modify the scope of work to add additional design services pertaining to the Brine line component of the Eastside Water Treatment Plant Project (WA19C) and associated services as described in Exhibit “A-7” and increase compensation.
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J. City and Consultant entered into a ninth Amendment on January 4 th, 2022 to increase compensation of the agreement for the performance of additional design services pertaining to the Well 17 Rehabilitation Project (WA214) and associated services as described in Exhibit “A-7”.
K. City and Consultant now desire to amend the Agreement to extend the term of the agreement and increase compensation for additional design services pertaining to Well 16 as described in Exhibit “A-8”.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Article 2, Compensation, is hereby revised to increase the Contract Sum by Sixty-Seven Thousand One Hundred Seventy-Six Dollars and Zero Cents ($67,176.00) for the performance of additional Design Engineering Services for Well 16 Project WA19C, and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant at the rates specified in “Exhibit C”, Schedule of Compensation, the “Agreement”. The total compensation, including reimbursement for actual expenses, shall not exceed One Million Seven Hundred Forty-Nine Thousand Eight Hundred Forty-Two Dollars and Zero Cents ($1,749,842.00) (the “Contract Sum”), unless additional compensation is approved pursuant to section 1.10.”
(b) Exhibit “A” is hereby revised to add an “Additional Scope of Work” and “Fee Schedule” specified in “Exhibit A-8”, attached hereto. (c) Section 3.4, Term, is hereby revised to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2024, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional one (1) years at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.”
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
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3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works CONSULTANT:
HAZEN AND SAWYER:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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EXHIBIT “A-8”
Additional Scope of Work and Fee Schedule
A8-1
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EXHIBIT “A-8” – Cont.
A8-2
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EXHIBIT “A-8” – Cont.
Task 17 – Well 16 Controls Improvements
17.1 Drawings and Specifications
17.2 Project Management and Meetings
17.3 Support During Construction and Startup
Task 18 – Additional Engineering Support During Construction
18.1 Meetings and Site Visits
18.2 Commissioning Startup and Support
Not-to-Exceed Agreement Total: $1,749,842.00
A8-3
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Project Name/No.: Eastside Water Treatment Facility Contract : 2021-174 (A4) Expansion Construction Management
Inspection & Testing Services (WA19C)
Project Manager: PW/ NAvila Approved:________________ AMENDMENT NO. 4
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
TRC ENGINEERS, INC.
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”), and TRC ENGINEERS, INC. (“Consultant”), is effective as of the 2nd day of November 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated November 11, 2020 (“ Agreement”) whereby Consultant agreed to provide construction management, inspection, and testing services for the Eastside Water Treatment Facility Expansion Project.
B. City and Consultant entered into a First Amendment on November 17, 2020, to incorporate the mandatory flow-down terms and conditions for the Environmental Protection Agency, Federal Government Grant Provisions, and the California State Water Board.
C. City and Consultant entered into a Second Amendment on July 1, 2021, to extend the term of the Agreement.
D. City and Consultant entered into a Third Amendment on September 8, 2022 to extend the term of the Agreement and increase the contract amount.
E. City and Consultant now desire to amend the Agreement to increase the contract amount.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum, is hereby revised to increase the Contract sum by One Hundred Forty Thousand and Six Dollars and Zero Cents ($140,006.00) for performance of Construction Management, Testing and Inspection Services for Project WA19C, and shall read in its entirety as follows:
“Subject to any limitations set-forth in this agreement City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.
The total compensation, including reimbursement for actual expenses, shall not exceed One Million Eight Hundred Twenty-Six Thousand Six Hundred
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01225.0001/458446.1
Thirty-Four Dollars and Eighty-Six Cents ($1,826,634.86) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.10. (b) The scope of services provided in Exhibit “A” of the Agreement is amended to include the additional scope of services and fee schedule described in Exhibit “A-8”, attached hereto.
Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment.
2. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
3. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works CONSULTANT:
TRC ENGINEERS, INC.
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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EXHIBIT “A8”
Not-to-Exceed Agreement Total: $1,826,634.86
A8-1
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