Diamond Bar City Council
November 15, 2022

EXHIBIT B
Focus Media Group (FMG) will manage the procurement, construction, installation, and maintenance of bus shelters (with, and without, advertising panels) and benches (without advertising panels) at specified locations throughout the City. FMG will also be managing advertising on the bus shelters with advertising panels. Other than the initial procurement of the bus shelters, benches, and trash receptacles, all services rendered by FMG will be provided at no cost to the City. Additionally, FMG will be required to provide and pay a fee to the City under a franchise agreement.

After the initial procurement, installation, and construction of the shelters and unsheltered bus stops improvements is complete, FMG will be solely responsible for all standard janitorial maintenance costs.

FMG is granted the exclusive franchise rights to provide and maintain an advertisement program on the City-owned shelters.

General Information
FMG shall achieve the City’s objectives for delivering the bus shelters, benches, and trash receptacle procurement, construction, and maintenance services being proposed to meet the objectives of the City.

FMG agrees that the City reserves the right to review and approve the qualifications of the Contractor's employees or any subcontracted firms or persons. Substitutions of any personnel are subject to the City's approval, and unapproved substitutions are considered sufficient grounds for termination of the contract.

FMG will make every reasonable effort to maintain the stability and continuity of staff assignments. The City shall be notified when considering personnel changes. Review and approval of any proposed new personnel assigned to the City shall be obtained from the City prior to actual assignments.

Fee Paid to City
FMG shall lease advertising space within the bus shelters, and, from the revenue derived from those leases, shall pay to the City a monthly guaranteed percentage or amount per shelter, whichever is greater.

The advertising within each shelter shall be placed only on the panels designed for such purpose.

The City would receive a portion of the advertising revenue, paid in quarterly payments and reconciled annually versus the revenue guarantee:
• 20% of the transit shelter advertising revenue or $240 per shelter annually guaranteed, whichever is greater.

The bus shelter program will consist of 34 City-owned bus shelters and the Advertising Revenue paid to the City as follows:

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GUARANTEE Quantity Annual Revenue to City
Bus Shelter Annual Guarantee 30 shelters @
$240/year $7,200.00
ADVERTISING REVENUE SHARE (annual) Potential Revenue Range Shelter Advertising Revenue Share @ 20% 30 shelters $7,200 - $32K The Advertising Revenue Share estimates above are based upon projected rates and occupancies. The minimum guarantee will be based on the quantity of advertising shelters in the city.

Performance Bond
FMG shall post and maintain an irrevocable letter of credit which will inure to the benefit of the City, or equivalent security approved by the City, in the amount of twenty-five thousand dollars ($25,000.00). The bond shall remain in effect over the initial construction period to ensure the faithful performance and covenants for construction, maintenance, and repair or replacement of the shelters and benches. Upon satisfaction by the City, the Bond or deposit will expire at the end of a two (2) year period. The City may inspect each shelter site to ensure all scope of work and conditions are satisfactory.

No work shall be performed until all insurance and bonds required by this project are on file and this agreement has been properly executed.

Shelter and Bench Maintenance and Repair
FMG will perform the following ongoing maintenance services and requirements:
 Survey the market for the initial 60 days and provide a recommendation to the City of “Hots Spots.”  Perform one routine maintenance visit to all locations on Mondays and a 2nd weekly visit to agreedupon “Hot Spots” per week.  Perform 5 days a week maintenance visits to four (4) Diamond Bar Blvd designated locations. (Bus stops located on Diamond Bar Blvd. between Golden Springs and Palomino)  Perform pressure washing as needed and steam cleaning to all sites six (6) times annually, or as needed.
 Perform the following services:
• Maintenance problems: Respond within 3 hours of notification by City • Repair within 2 working days due to damage, vandalism, or graffiti • Respond to dangerous conditions exposed to the public within 24 hours and repair in 5 days
At all times during the term of this arrangement, FMG must, at its sole cost and expense, to the satisfaction of the CITY and in compliance with all applicable laws and regulations, maintain repair, clean and service all Street Furniture, keeping them, their appurtenances, and the immediately surrounding areas in a safe,

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neat, attractive, environmentally clean, and sanitary condition. For shelters and benches that need “Major Repairs,” which are herein defined as those which require parts, components, or specialty contractor services with a retail value above $250.00 per replacement or repair and apply solely to bus shelters and benches and are subject to City approval. City will reimburse FMG for any CITY-approved “Major Repairs” through a deduction from the quarterly payment revenue. Any shelter or bench that requires “Minor Repairs” is defined herein as any repairs less than $250.00 per shelter or bench shall not be charged to the City.

Personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with the Work Area Traffic Control Handbook (WATCHBOOK).

Liquidated Damage for Maintenance Specification Deficiencies and Sub-Standard Work Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work must be documented as a Performance Deficiency and approved by the Maintenance Superintendent, or his designee.
• FMG employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. Failure to comply shall result in a deduction of $100 per occurrence per day. • Complaints shall be abated as soon as possible after notification; but in all cases within 48 hours, to the satisfaction of the City. Failure to comply shall result in a deduction of $100 per occurrence per day.

Certifications/Reports
FMG shall maintain and keep current, a daily report form that records all ongoing work and maintenance functions performed by FMG’s personnel. Said report shall be in a form and content acceptable to the City and shall be submitted to the City's contract manager monthly.

Office of Inquiries and Complaints
FMG shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone there, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) employed by FMG, to take the necessary action regarding all inquiries and complaints that may be received from the Maintenance Superintendent, City personnel or patrons using the facilities. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full-time coverage, provided FMG is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During normal working hours, FMG’s Foreman or employee of the Contractor, who is responsible for providing maintenance services, shall be available for notification through telephone communication.

Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify FMG, cause such action to be taken by the City workforce and shall charge the cost thereof, as determined by the Maintenance Superintendent, against FMG, or may deduct such cost from an amount due to FMG from City.

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FMG shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times.

All complaints shall be abated as soon as possible after notification; but in all cases, within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint, and the total cost incurred by the City will be billed to FMG or deducted from the performance bond.

Contractor's Liability
The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of FMG, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. Contractor will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City.

In connection therewith:
a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

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So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees
Payment to City
FMG payment to the City shall be computed on a monthly basis. Payment of said fees shall be made quarterly and shall be supported by a Statement of Accounts prepared by a certified public accountant, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel.

Access to Records
The City, or its authorized agent, shall be granted reasonable access to any of the Franchisee's books, documents, paper, and records that relate directly to the City bus shelter and bench maintenance agreement.

Non-Discrimination
Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735.

Licenses and Permits
FMG shall purchase a City business license for each year it is doing business with the City. FMG shall secure all necessary permits from City, county, state, or federal agencies for the installation, operation, and maintenance of the bus shelters and benches.

Electrical Service

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FMG shall apply for, and obtain at its own cost, any necessary electrical service permits from the Southern California Edison Company. Metered electrical service charges shall be at the Franchisee's sole expense.

Advertising
Should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, FMG shall be so advised and shall not utilize such advertising. FMG shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. FMG will provide local businesses the right of first refusal on 50% of the available advertising space.

Public Service Messages
FMG shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising in each bus shelter. The FMG shall arrange for service and installation of the public service announcements. The City shall be entitled to specify certain public service messages to be displayed.

Contract Termination
If FMG is found to be in default with respect to any term or provision of the franchise, and if after three (3) business days from the written notice, FMG does not cure such default and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving FMG written notice, not less than sixty (60) days prior to the effective date of termination. FMG may terminate this agreement with or without cause upon six (6) months written notice to the City.

Change of Location
In the event that a bus route is altered or deleted such that any bus shelter and/or bench will no longer serve at an active bus stop location, FMG shall, within thirty (30) days after notification, relocate or move the bus shelter and/or bench to a new location designated by the City. The vacated location shall be restored to its original condition within that same time period.

Digital or Static Kiosk Option
The rights under this arrangement may include a possible nonexclusive future digital or static kiosk option at future locations determined by the City. This option would provide advertising kiosks that may be built in the future that will be serviced and compensated pursuant to mutually agreeable terms to be negotiated in writing by the parties at a later date.

Location List
See attached.

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CITY OF DIAMOND BAR

LOCATION LIST
# BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
1 No Bus Stop Ad Shelter NB Brea Canyon Rd. FS Diamond Bar Blvd. NE Yes Yes N/A N/A N/A N/A 2 No Bus Stop SB Brea Canyon Rd. NS Diamond Bar Blvd NW Yes N/A N/A N/A Yes Yes 3 16 NB Brea Canyon Road FS Lycoming Street NE Yes N/A N/A N/A Yes N/A 4 17 SB Brea Canyon Road NS Lycoming Street NW Yes N/A N/A N/A Yes N/A 5 1098 EB Copley Dr. (21660 Ent.) @ Diamond Bar City Hall NE Yes N/A N/A N/A Yes N/A 6 1099 EB Copley Dr. (21810 Diamond Bar City Hall) OPP AQMD Driveway NE Yes N/A N/A N/A Yes N/A 7 1097 WB Copley Dr. (Across Diamond Bar City Hall) FS AQMD Driveway NW Yes N/A N/A N/A Yes N/A 8 1147 EB Diamond Bar Blvd. @ Diamond Bar Park/Ride (Pomona Fwy Ent.) SE Yes Yes N/A N/A Yes N/A 9 1149 EB Diamond Bar Blvd. FS Sunset Crossing Rd. NE Yes Yes N/A N/A N/A Yes 10 3068 EB Diamond Bar Blvd. NS Brea Canyon Rd. SW Yes Yes N/A N/A N/A Yes 11 3081 EB Diamond Bar Blvd. NS Pathfinder Rd SW Yes N/A N/A N/A Yes N/A 12 3073 EB Diamond Bar Blvd. NS Fountain Springs Rd SW Yes N/A N/A N/A Yes N/A 13 1143 EB Diamond Bar Blvd. NS Golden Springs Dr. NE Yes Yes N/A N/A N/A Yes 14 3089 NB Diamond Bar Blvd. FS Clear Creek Canyon Dr NE Yes N/A N/A N/A Yes N/A 15 3091 NB Diamond Bar Blvd. FS Goldrush Dr NE Yes N/A N/A N/A Yes N/A 16 3088 NB Diamond Bar Blvd. FS Grand Ave. NE Yes Yes N/A N/A N/A N/A 17 1144 NB Diamond Bar Blvd. FS Highland Valley Rd. NE Yes N/A Yes N/A N/A Yes 18 3070 NB Diamond Bar Blvd. NS Cold Spring Ln SE Yes N/A N/A N/A Yes N/A 19 3085 NB Diamond Bar Blvd. NS Kiowa Crest Dr SE Yes N/A N/A N/A Yes N/A 1 5.9.a
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# BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
20 No Bus Stop Non-Ad Bench NB Diamond Bar Blvd. NS Maple Hill Rd. SE Yes N/A N/A N/A Yes N/A 21 14 NB Diamond Bar Blvd. NS Mountain Laurel Way SE Yes N/A N/A N/A Yes N/A 22 3087 NB Diamond Bar Blvd. NS Quail Summit Dr. SE Yes N/A Yes N/A N/A N/A 23 3083 NB Diamond Bar Blvd. NS Silver Hawk Dr. SE Yes Yes N/A N/A N/A N/A 24 No Bus Stop Non-Ad Bench NB Diamond Bar Blvd. NS Steep Canyon Rd NE Yes N/A N/A N/A Yes N/A 25 No Bus Stop Ad Shelter NB Diamond Bar Blvd. OPP Acacia Hills Rd. NE Yes Yes N/A N/A N/A N/A 26 No Bus Stop Non-Ad Bench SB Diamond Bar Blvd. @ Trail Head (Sycamore Park) SE Yes N/A N/A N/A Yes N/A 27 3079 SB Diamond Bar Blvd. ES Cold Spring Ln NW Yes N/A N/A N/A Yes N/A 28 3066 SB Diamond Bar Blvd. FS Clear Creek Canyon Dr. SW Yes Yes N/A N/A N/A N/A 29 3078 SB Diamond Bar Blvd. FS Fountain Springs Rd. SW Yes Yes N/A N/A N/A N/A 30 3067 SB Diamond Bar Blvd. FS Grand Ave. SW Yes Yes N/A N/A N/A N/A 31 1145 SB Diamond Bar Blvd. FS Highland Valley Rd. SW Yes Yes N/A N/A N/A Yes 32 3069 SB Diamond Bar Blvd. FS Quail Summit Dr SW Yes N/A N/A N/A Yes N/A 33 3061 SB Diamond Bar Blvd. FS Tin Dr. SW Yes Yes N/A N/A Yes N/A 34 3059 SB Diamond Bar Blvd. NS Goldrush Dr NW Yes N/A N/A N/A Yes N/A 35 3074 SB Diamond Bar Blvd. NS Kiowa Crest Dr NW Yes N/A N/A N/A Yes N/A 36 No Bus Stop Non-Ad Bench SB Diamond Bar Blvd. NS Maple Hill Rd. NW Yes N/A N/A N/A Yes N/A 37 3077 SB Diamond Bar Blvd. NS Shadow Canyon Dr SW Yes N/A N/A N/A Yes N/A 38 3082 WB Diamond Bar Blvd. FS Brea Canyon Rd. NW Yes Yes N/A N/A N/A N/A 39 3071 WB Diamond Bar Blvd. FS Mountain Laurel Way NW Yes N/A N/A N/A Yes N/A 40 3076 WB Diamond Bar Blvd. FS Pathfinder Rd NW Yes N/A N/A N/A Yes N/A 2 5.9.a
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# BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
41 1142 WB Diamond Bar Blvd. FS Golden Springs Dr. NW Yes Yes N/A N/A N/A Yes 42 1150 WB Diamond Bar Blvd. NS Sunset Crossing Rd. NW Yes Yes N/A N/A N/A Yes 43 1146 EB Diamond Bar Blvd. (400 yds of) FS Gentle Springs Ln. (Diamond Bar Rach) SE Yes Yes N/A N/A N/A N/A 44 1152 WB Diamond Bar Blvd. (400 yds of) NS Palomino Dr (Gentle Springs Ln OPP) NE Yes Yes N/A N/A N/A yes 45 1100 EB Gateway Ceter Dr FS Valley Vista Dr SE Yes N/A N/A N/A Yes N/A 46 1484 WB Gateway Ceter Dr FS Golden Springs Dr. (Holiday Inn Ent.) NW Yes N/A N/A N/A Yes N/A 47 2803 WB Gateway Ceter Dr NS Valley Vista Dr NE Yes N/A N/A N/A Yes N/A 48 1573 EB Golden Springs Dr. FS Lemon Ave. SE Yes N/A Yes N/A N/A N/A 49 1587 EB Golden Springs Dr. FS Ballena Dr SE Yes N/A N/A N/A Yes N/A 50 1554 EB Golden Springs Dr. FS Carpio Dr SE Yes N/A N/A N/A Yes N/A 51 1568 EB Golden Springs Dr. FS Grand Avenue SE Yes Yes N/A N/A N/A N/A 52 1548 EB Golden Springs Dr. NS Adel Ave SW Yes N/A N/A N/A Yes N/A 53 1556 NB Golden Springs Dr. FS Diamond Bar Blvd. NE Yes Yes N/A N/A N/A N/A 54 1588 NB Golden Springs Dr. FS Sunset Crossing Rd. NE Yes N/A N/A N/A Yes N/A 55 1564 NB Golden Springs Dr. NS Golden Prados Dr. SE Yes Yes N/A N/A N/A Yes 56 1571 NB Golden Springs Dr. NS High Knob Rd SE Yes N/A N/A N/A Yes N/A 57 1583 NB Golden Springs Dr. NS Sabana Dr SE Yes N/A N/A N/A Yes N/A 58 1590 NB Golden Springs Dr. NS Sylvan Glen Rd SE Yes N/A N/A N/A Yes N/A 59 1572 SB Golden Springs Dr. FS High Knob Rd SW Yes N/A N/A N/A Yes N/A 60 1589 SB Golden Springs Dr. FS Sunset Crossing Rd. SW Yes N/A N/A N/A Yes N/A 61 1553 SB Golden Springs Dr. NS Calbourne Dr SE Yes N/A N/A N/A Yes N/A 3 5.9.a
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# BUS STOP # NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1
Removal &
Disposal
Bid Sch. #2
New Sheltered Bus
Stop -
Solar Powered
Bid Sch. #3
New Bus Stop
Shelters &
Amenities At Nonviable Solar Sites
Bid Sch. #4
New Bus Stop
Shelter &
Amenities with a
new 110 Power
Connection
Bid Sch. #5
Unsheltered Bus
Stop Amenities
(Benches & Trash
Receptacles)
Bid Sch. #6
Bus Stop Shelter
Concrete Pads
R&R
62 1565 SB Golden Springs Dr. NS Golden Prados Dr NW Yes N/A N/A N/A Yes N/A 63 1585 SB Golden Springs Dr. NS Sabana Dr NW Yes N/A N/A N/A Yes N/A 64 1591 SB Golden Springs Dr. OPP Sylvan Glen Rd SW Yes N/A N/A N/A Yes N/A 65 1574 WB Golden Springs Dr. FS Lemon Ave. NW Yes Yes N/A N/A N/A Yes 66 1549 WB Golden Springs Dr. NS Adel Ave NE Yes Yes N/A N/A N/A N/A 67 1558 WB Golden Springs Dr. NS Ballena Dr NE Yes N/A N/A N/A Yes N/A 68 1557 WB Golden Springs Dr. NS Diamond Bar Blvd NE Yes N/A N/A N/A Yes N/A 69 1555 WB Golden Springs Dr. OPP Carpio Dr NE Yes N/A N/A N/A Yes N/A 70 1577 WB Golden Springs Dr. OPP Racquet Club Dr NW Yes N/A N/A Yes Yes Yes 71 1551 EB Golden Springs Dr. FS Brea Canyon Rd. SE Yes Yes N/A N/A N/A N/A 72 1001 EB Golden Springs Dr. FS Calbourne Dr. SE Yes Yes N/A N/A N/A N/A 73 1552 WB Golden Springs Dr. FS Brea Canyon Rd. NW Yes Yes N/A N/A N/A Yes 74 1580 WB Golden Springs Dr. NS Rapidview Dr. NE Yes Yes N/A N/A N/A Yes 75 No Bus Stop Non-Ad Bench WB Pathfinder Rd. NS 57 Fwy NB Entrance NE Yes N/A N/A N/A Yes N/A 76 No Bus Stop Ad Shelter EB Pathfinder Rd. FS SR-57 FWY Exit SE Yes N/A Yes N/A N/A N/A 77 1 SB Temple Ave FS Diamond Bar Blvd SW Yes N/A N/A N/A Yes N/A 78 725 SB Temple Ave (Ave Rancheros) FS Golden Springs Dr SW Yes N/A N/A N/A Yes N/A 4 5.9.a
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Agenda #: 5.10
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE AREA 1 RESIDENTIAL &

COLLECTOR STREETS REHABILITATION AND THE GOLDEN

SPRINGS DRIVE ARTERIAL STREET REHABILITATION BETWEEN
BREA CANYON ROAD AND LEMON AVENUE - PROJECT NOS.

SI22105 & SI22103.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the Public Works Director to file, a Notice of Completion.

FINANCIAL IMPACT:

Funding was included in the FY 2021/22 Capital Improvement Program for this Project.

The final construction cost of the Project was $2,635,516.70, which is $189,052.30 under the total authorization amount of $2,824,569 (Construction Agreement:
$2,567,790; Contingency: $256,779).

BACKGROUND/DISCUSSION:

The Project included 19 centerline miles of residential and collector streets with slurry seal, chip seal, localized asphalt concrete (AC) dig-outs, and curb ramp improvements as determined by field conditions in Area 1. Additionally, Golden Springs Drive between Brea Canyon Road and Lemon Avenue was rehabilitated with AC grind and overlay, enhanced bike lanes, signing and striping, and ADA curb ramp improvements.

On May 3, 2022, the City Council awarded a construction contract to Copp Contracting, Inc. in an amount not to exceed $2,567,790, plus a contingency amount of $256,779 for a total authorization amount of $2,824,569. The City authorized the Notice to Proceed for the construction work on June 9, 2022.

Copp Contracting, Inc. completed all required work on September 28, 2022. There was

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one (1) Change Order in the amount of $67,726.70 approved by the City. The change order was primarily related to quantity adjustments for additional chip seal, removal and replacement of concrete curbs/cross gutters, sidewalks, tree root pruning, manhole adjustments, traffic loops, and additional asphalt overlay.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.10.a Notice of Completion - Copp Contracting, Inc.

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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Diamond Bar

3. The full address of the owner is 21810 Copley Drive
Diamond Bar, CA 91765

4. The nature of the interest or estate of the owner is; “In fee”

(If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on September 28, 2022. The work done was:

Residential & Collector Street Rehabilitation (Area 1) and Arterial Street Rehabilitation (Golden Springs Drive from Brea Canyon Road to Lemon Avenue) - Project Nos. SI22105 & SI22103.

7. The name of the contractor, if any, for such work of improvement was Copp Contracting, Inc.

May 11, 2022
(If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows. Residential & Collector Street Rehabilitation (Area 1) and Arterial Street Rehabilitation (Golden Springs Drive from Brea Canyon Road to Lemon Avenue) - Project Nos. SI22105 & SI22103.

9. The street address of said property is “none”
(If no street address has been officially assigned, insert “none”)

CITY OF DIAMOND BAR
Dated:

Verification for Individual Owner

Signature of owner or corporate officer of owner named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the Director of Public Works / City Engineer the declarant of the foregoing
(“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 , at Diamond Bar , California.
(Date of signature) (City where signed)

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(Personal signature of the individual who is swearing that the contents of the notice of completion are true)

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the coowners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other coowners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3 and 5, the full address called for should include street number, city, county and state.

As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows:
(1) Strike the works “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvement”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g., on so-called “owner-builder jobs.” In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority.

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Agenda #: 6.1
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2022).

BACKGROUND:

Every three years, the California Building Standards Commission updates the California Building Standards Codes (“California Codes”), a compendium of construction standards intended to ensure that buildings are constructed and renovated in a manner that is safe, energy-efficient and green, and provides a decent quality of life for the buildings’ occupants. The commission published the 2022 updates this past July.

The California Codes serve as the baseline construction standards for all local governments in the state. Cities and counties are permitted to adopt local amendments to the California Codes that are reasonably necessary to address local climatic, geologic and topographic conditions. Local amendments may also be adopted to address quality-of-life values, such as preventing blight caused by abandoned construction projects.

The ordinance presented for the City Council’s consideration (Attachment 1) amends Title 15 (Building and Construction Safety) of the Diamond Bar Municipal Code. The twofold purpose of the ordinance is to adopt the 2022 California Codes, as well as those local amendments warranted by the above criteria. On November 1, 2022, the City Council introduced Ordinance No. 03(2022) for first reading with modifications to delete reference in Section 1 to an Exhibit that was not applicable. The matter was set for public hearing and second reading on November 15, 2022. Pursuant to California

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Government Code 50022.3, a public hearing is required prior to the second reading of any ordinance amending the Building Standards Codes.

DBMC TITLE 15 AMENDMENT SUMMARY:

The 2022 local amendments are simply carryovers from the prior code update. There are no substantive changes to the local amendments from the prior code update. The other changes to the California Codes are applicable throughout the State, and thus apply to Diamond Bar by default. The codification protocols that the California Building Standards Commission follows routinely lead to occasional renumbering of identical code provisions when comparing the 2022 California Codes to prior versions.

Expedited Electric Vehicle Charging – The State legislature recently added Government Code 65850.7 to require local jurisdictions to adopt an ordinance to require an expedited and streamlined permitting process for electric vehicle charging stations.

The attached ordinance incorporates this requirement into Title 15. To facilitate the expedited review process, staff is preparing checklists containing all requirements for the charging stations. These checklists will be available on the City’s website.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Ordinance as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 6.1.a Ordinance No. 03 (2022) - BLDG CODE 2022 Ordinance without Fire

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ORDINANCE NO. 03 (2022)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND
ADOPTING, BY REFERENCE, THE 2022 CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING CHAPTER 1 DIVISION II, AND
APPENDICES I, AND J THERETO, THE 2022 CALIFORNIA
MECHANICAL CODE, AND THE APPENDICES THERETO, THE 2022

CALIFORNIA PLUMBING CODE, AND THE APPENDICES THERETO,
THE 2022 CALIFORNIA ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING

APPENDICES H, J, K, AND O THERETO, THE CALIFORNIA FIRE CODE, INCLUDING CHAPTERS 1 THROUGH 80, APPENDICIES O, P, Q, AND R AND THE 2022 CALIFORNIA GREEN BUILDING CODE, WITHOUT THE APPENDICES THERETO, AND TITLE 26 OF THE LOS ANGELES

COUNTY BUILDING CODE, AND THE UNIFORM HOUSING CODE

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS
AND EXCEPTIONS.

A. RECITALS
(i) California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2022 California Building Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; the 2022 California Electrical Code; the 2022 California Residential Code; 2022 California Fire Code; and the 2022 Green Building Code as set forth in the California Code of Regulations, Title 24, parts 2, 2.5, 3, 4, 5, 9, and

11. (ii) Pursuant to the California Health and Safety Code Sections 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions. (iii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6.
(iv) The City introduced for first reading this Ordinance on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein.
(v) Pursuant to California Government Code Section 6066, the City published

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2 notice of the public hearing on November 2, 2022 and November 7, 2022 for the hearing set forth in subsections (iv) above and (vi) below. (vi) The City held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein.
(vii) Any and all legal prerequisites relating to the adoption of this Ordinance have occurred.
(viii) The State of California and the City of Diamond Bar has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and (ix) The State of California recent adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and (x) Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.

B. ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows:

SECTION 1: Findings in Support of Modifications to Title 24 Building Standards.

This Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions.
(1) The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement as well as unpredictable seismic response of buildings. The unpredictable response from prior seismic events including Chino Hills, Northridge, and the Whittier earthquakes have demonstrated the need for greater quality control to ensure against poor seismic performance of multi-story structures.
(2) The City experiences diverse temperatures, which promotes expansion and

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3 contraction of the soil. This condition is very damaging to expansive type soil. (3) Because of the above-described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading activities.
(4) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (5) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall.

For these reasons, the City is susceptible to flood conditions. (6) Because of the above-described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best.
(7) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries.
(8) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community.
(9) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature.
(10) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wild lands, and nearby homes, and highly populated areas. The potential for rapid spread of even small fires creates a need for increased levels of fire protection.
(11) Sound transmission controls are necessary to protect City residents from

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4 excessive noise generated by multiple nearby freeway interchanges and large arterial streets, among other sources.
(12) Local climate makes pool ownership desirable. Children often reside in close proximity to swimming pools, making pool barriers necessary. This need is increased due to potential delays in emergency rescue response resulting from the location of hillside residences and traffic congestion. (13) The City is in an area classified climatically as “arid” and subject to seasonal high temperatures that will affect electrical wiring not designed to be retained for an extended period of time.

The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, and as referenced below, are appropriate given the specific local climatic, geological or topographic conditions set forth above.

CBC Sections 1505.1, 1505.1.3 and 1505.1.1 – Findings 7,8,9, and 10.

CBC Sections 1612.5 – Finding 5.

CBC Sections 1801.2, 1803.1, 1803.8, 1803.8.1, 1803.8.2, 1809.4 and Appendix J – Findings 1, 2, 3, 4, and 5.

CRC Sections R301.1.3.2, R313.1, R313.2, R337.1.3.1, R337.2 – Findings 6, 7, 8, 9, and 10.

CRC Section R332 – Finding 1.

CRC Section R331 – Finding 11.

CRC Section R602.10.8 – Finding 1, 2, 3, 4, and 5.

CBC Section 3109.4.1 and CRC R333 – Finding 12.

CPC Section 722.6 – Finding 3.

CEC Section 590.3 – Finding 13.

The following local conditions apply to the California Fire Code Amendments:
(14) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (15) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall.

For these reasons, the City is susceptible to flood conditions.

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5 (16) Because of the above-described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best.
(17) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries.
(18) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community.
(19) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature.
(20) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wildlands, and nearby homes and highly populated areas. The potential for rapid spread of even small fires creates a need for increased levels of fire protection.

The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, are appropriate given the specific local climatic, geological or topographic conditions set forth above.

Section 2. Title 15 (Building and Construction Safety), Chapter 15.00, Division

2. Administration Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 2. - ADMINISTRATION CODE
Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) – Adopted.

Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration).

Sec. 15.00.130. Penalties for violation of division.

Secs. 15.00.140. – 15.00.300. Reserved.

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6 Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) – Adopted.

Except as amended by Section 15.00.120, Chapter 1, Division II of the 2022 California Building Code, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Administration Code of the City.

Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration).
(1) Section 104.6 of the California Building Code is amended to read as follows:
104.6 Right of entry. The building official, or his/her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the building official, or his/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the building official, or his/her authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his/her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein.
(2) Section 105.1 of the California Building Code is amended to read as follows:
105.1 Permits required. Except as specified in Section 105.2, no building or structure regulated by this Code shall be used, erected, constructed, enlarged, altered, repaired, moved, improved, removed, occupied, maintained, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit.
(3) Section 105.2 of the California Building Code is amended to restate exemptions 1, 4, and 9 as follows:
105.2 Work exempt from permit.

1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided (a) the floor area is not greater than 120 square feet (11 m²); (b) the structure does not

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7 exceed 8 feet (2.44 m) in height; (c) the structure has no plumbing or electrical installations or fixtures; and (d) the structure is separated from any other accessory structures by a minimum distance of 6 feet (1.83 m)

4. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom of footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.

9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy that are less than 24 inches deep (610 mm), are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
(4) Section 105.3 of the California Building Code is amended to read as follows:
105.3 Application for permit. Application for a permit to perform the work shall be made in writing to the building official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the building official.
(5) Section 105.3.2 of the California Building Code is amended to read as follows:
105.3.2 Expiration of plan review. Applications for which no permit is issued within one-hundred-eighty (180) days following the date of filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.

The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Where applicable, CA Health and Safety Code 18938.5 to 18938.6 shall apply.
(6) Section 105.5 of the California Building Code is amended to read as follows:
105.5 Expiration. Except as set forth in Section 105.5.1 and 105.5.2, every permit issued shall expire by limitation and become null and void as follows:

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8 (i) Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within twelve (12) months after permit issuance, and if a successful inspection has not been obtained from the building official within one-hundred-eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. The building official may extend the time for action by the applicant in writing for a period not exceeding one-hundred-eighty (180) days beyond the latest expiration limit upon written request by the applicant, filed with the building official prior to expiration of the original permit. Where applicable, CA Health and Safety Code 18938.5 to 18938.4 shall apply but shall not negate the requirement for a successful inspection.
(ii) In the event of permit expiration and before work for which such permit was required can be commenced or recommenced, a new permit shall first be obtained (hereafter, a “renewal permit”). The applicant must pay all applicable renewal fees, in the amount then established by resolution of the City Council. If a renewal permit is applied for, the building official shall have the discretion to request a site inspection prior to its issuance and a miscellaneous inspection fee shall be paid by the applicant prior to inspection. The inspection fee shall be as specified by resolution of the City Council. In addition, the applicant may be required to resubmit plans and specifications, when deemed necessary by the building official to verify compliance with the building codes, ordinances, regulations, standards, and laws in effect at the time the renewal permit is applied for. (iii) Upon issuance of a renewal permit, the building official may allow the applicant to commence or recommence such work from the last successful inspection of record under the original permit. When an expired building permit includes expired sub-permits, activation of the renewal permit shall activate all subsequent expired sub-permits.

All work to be performed under a renewal permit must be completed in accordance with the building codes, ordinances, regulations, standards, and laws in effect on the date of issuance of the renewal permit.
(iv) Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45-days of the date such permit was issued or as otherwise specified by the building official.
(7) Section 105.5.2 is added to the California Building Code to read as follows:
105.5.2 Expiration of permit for unlawful structure. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an un-permitted structure or other unlawful, substandard, or

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9 hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 90 days after the date on which the permit was issued if all work has not been completed and final inspection approved by the building inspector per Section 110.3.12 prior to the close of the 90 day period. The building official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90-day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. Where a project cannot reasonably be completed within the timeframes listed in this Section, an applicant may request in writing, prior to issuance of permit or prior to expiration of permit, building official approval of a longer period not to exceed 360 days in total, inclusive of all available extensions.
(8) Section 105.8 is added to the California Building Code to read as follows:
105.8 Qualifications of permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers’ Compensation Insurance is presented to the building official.

EXCEPTION: Owner-builder permit may be issued for specified occupancies in accordance with California law.
(9) Section 109.1 of the California Building Code is amended to read as follows:
109.1 Permit fees. The fees required in this Chapter shall be paid to the Building Official for all work for which a permit is required by this Title. (10) Section 109.4 of the California Building Code is amended to read as follows:
109.4 Work commencing before permit issuance. Failure to obtain a permit and to pay fees therefore before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. (11) Section 109.6 of the California Building Code is amended to read as follows:
109.6 Fee refunds. The building official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this Section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing

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10 to the building official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. (12) Section 109.7 is added to the California Building Code read as follows:
109.7 Plan review fees. When a plan or other data is required to be submitted for review and approval by the building official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. (13) Section 110.3.4.2 is added to the California Building Code to read as follows:
110.3.4.2 Accessibility rough inspection. Accessibility rough inspections shall be made at the same time with rough frame inspections outlined in Section 110.3.4. Framing shall be verified for accessible dimensions and site access features shall be prepared, non-accessible features demolished, and measurements verified for installation of curb ramps, slope of surfaces, future concrete or asphalt installation, signage locations prepared, discrepancies between plans and site conditions resolved, and any other accessible features as determined by the building official.
(14) Section 113.1 of the California Building Code is amended to read as follows:
113.1 Appeals. A decision of the building official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the building official, in writing, upon the permittee.

For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the building official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the building official.
(15) Section 113.3 of the California Building Code is amended to read as follows:
113.3 Board of Appeals. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 113.1. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be

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11 represented by an attorney and may introduce evidence to support his claim. The building official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the building official.

The permittee appealing the decision of the building official shall cause, at his own expense, any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the building official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record.

The determination of value or valuation under any of the provisions of this Chapter shall be made by the building official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems, and all other permanent equipment.

Sec. 15.00.130. Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division.

Secs. 15.00.140 – 15.00.300. Reserved.

Section 3. Title 15 (Building and Construction Safety), Chapter 15.00, Division 3.

Building Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 3. - BUILDING CODE
Sec. 15.00.310. California Building Code – Adopted.

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12 Sec. 15.00.320. Amendments to the California Building Code.

Sec. 15.00.330. Penalties for violation of division.

Secs. 15.00.340. – 15.00.500. Reserved.

Sec. 15.00.310. California Building Code – Adopted.

Except as amended by Sections 15.00.120 and 15.00.320, the 2022 California Building Code (Part 2 of Title 24 of the California Code of Regulations), and Appendix I (Patio Covers), and J (Grading) thereto, based on the 2021 International Building Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public.

Sec. 15.00.320. Amendments to the California Building Code. (1) Section 1505.1 of the California Building Code is amended to read as follows:
1505.1 Roof covering requirements. The roof covering or roofing assembly on any structure regulated by this Code shall as specified in Table 1505.1 and as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
(2) Section 1505.1.1 of the California Building Code is amended to read as follows:
1505.1.1 Roof coverings within high fire hazard severity zones.

Unless governed by more stringent requirements of this Code, buildings within any area designated as a Very-High Fire Hazard Zone shall have a fire-retardant roof covering that is at least a Class A, as specified below:
(i) Section 1505.1.1 is applicable to the entire roof covering of new buildings, to the entire roof covering of existing buildings where twenty-five percent (25%) or more of the roof area is replaced within any one-year period, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure. (ii) The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction.
(3) Section 1505.1.2 of the California Building Code is amended to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 25 percent of the total

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13 roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class C. (4) Section 1612.5 is added to the California Building Code to read as follows:
1612.5 Flood hazard. Buildings and other structures (including walls and fences) are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow, or erosion.

The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property.

EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the City Engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. Provisions must be determined by an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood.
(5) Section 1801.2 is added to the California Building Code to read as follows:

Section 1801.2 Seismic hazard zone maps. Special studies zones maps within the City of Diamond Bar prepared under Sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Special studies zones maps revised under the above Sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace.

Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development, and the Office of the City Clerk.
(6) Section 1803.1 of the California Building Code is amended by the addition of a second paragraph to read as follows:

The City Engineer in the case of an application for a grading permit or if the Building Official determines necessary, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall

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14 contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the City Engineer and/or Building Official.

Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the City Engineer and/or Building Official who may rely on the opinion of independent geotechnical reviewers. (7) Section 1803.8 is added to the California Building Code to read as follows:
1803.8 Geologic hazards. No building or grading permit shall be issued under the provisions of this Section 1803 when the City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this Section, geologically hazardous condition does not include surface displacement due to earthquake faults.
(8) Section 1803.8.1 is added to the California Building Code to read as follows:
1803.8.1 Work requiring a building or grading permit by this Code is not permitted in an area determined by the City Engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slope wash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this Section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. (9) Section 1803.8.2 is added to the California Building Code to read as follows:
1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in the following cases:
(i) When the applicant has submitted an engineering, geology and/or geotechnical engineering report or reports complying with the policies and provisions of City Engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the

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15 land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means.
(ii) When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the City Engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use.
(10) Section 1809.4 of the California Building Code is amended to read as follows:
1809.4 Foundations on expansive soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab-on-grade and mat-type footings for buildings located on expansive soils may be designed in accordance with the provisions of Section 1808.6.2 or such other engineering design based upon geotechnical recommendation as approved by the Building Official.

Where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements:
(i) Depth of foundations below the natural and finish grades shall be not less than 24 inches for exterior and 18 inches for interior foundations. (ii) Exterior walls and interior bearing walls shall be supported on continuous foundation.
(iii) Foundations shall be reinforced with at least two continuous onehalf-inch diameter deformed reinforcing bars top and bottom. Two bars shall be placed within four inches of the bottom of the foundation and two within four inches of the top of the foundation. (iv) Concrete floor slabs on grade shall be cast on a four-inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars.

Welded wire mesh shall have a cross-sectional area of not less than five-hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less than three-eighths inch and be spaced at intervals not exceeding 24 inches each way.
(v) The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete.

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16 (11) Section 3109.3 of the California Building Code is amended to read as follows:
3109.3 Barrier Height and clearances. The top of the barrier shall be not less than 60 inches (1524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm).

Residential swimming pools barriers shall be completely enclosed by a barrier complying with Sections 3109.4.1.1 through 3109.4.3 below:
3109.3.1 Openings
Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere.
3109.3. 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. 3 Closely spaced horizontal members
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3
/4 inches (44 mm) in width.
3109.3.4 Widely spaced horizontal members
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width.
3109.3.5 Chain link dimensions

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17 Mesh size for chain link fences shall be not greater than a 21/4-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 13/4 inches (44 mm).
3109.3.6 Diagonal members
Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm). 3109.3.7 Gates
Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device.

Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the selflatching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
3109.3.8 Dwelling wall as a barrier
Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:

1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door.

In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door.

2. The pool shall be equipped with a power safety cover that complies with ASTM F1346.

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18 3. Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above.
3109.3.9 Pool structure as 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 access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
3109.4.1 Indoor swimming pools
Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8.
3109.4.2 Prohibited locations Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
(12) Section J101.2 is added to Appendix J of the California Building Code to read as follows:

J101.2 Flood hazard areas. Unless the applicant has submitted an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways that are in flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated. (13) Section J101.3 is added to Appendix J of the California Building Code to read as follows:

J101.3 Hazardous conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers property, structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing

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19 from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard in conformance with the requirements of this Code. (14) Section J101.4 is added to Appendix J of the California Building Code to read as follows:

J101.4 Maintenance of protective devices and rodent control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit.
(15) Section J101.5 is added to Appendix J of the California Building Code to read as follows:

J101.5 Correlation with other sections. The provisions of this chapter are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. (16) Section J102.1 of Appendix J of the California Building Code is revised by adding the following definitions:

BUILDING OFFICIAL. Whenever in Appendix J the term “Building Official” is used, said term shall mean, and all powers and duties to be exercised by the Building Official shall be vested in, the City Engineer of the City of Diamond Bar.

CIVIL ENGINEER. A professional engineer registered in the State of California to practice in the field of civil engineering works and shall include the civil engineer of record or project engineer.

CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil engineering works.

DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the grading plans for the site grading work.

ENGINEERING GEOLOGIST. Shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California.

GEOTECHNICAL ENGINEER. See “Soils Engineer.”

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20 GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include but are not limited to loose debris, slopewash, and mud flows from natural or graded slopes.

LANDSCAPE ARCHITECT. A person holding a valid certificate of registration as a landscape architect issued by the State of California.

SOILS ENGINEER (GEOTECHNICAL ENGINEER). A civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soils (geotechnical) engineer issued by the State of California and shall include the soils engineer of record or project soils engineer.

SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The
application of the principals of soils mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection or testing of construction thereof. (17) Section J103.1 of Appendix J of the California Building Code is amended to read as follows:

J103.1 Permits required. Except as exempted in Section J103.2, no person shall do any grading without first obtaining a grading permit from the City Engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the City Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages to the proposed work. A grading permit does not include the construction of retaining walls or other structures.
(18) Section J103.3 is added to Appendix J of the California Building Code to read as follows:

J103.3 Other permits required and jurisdiction of other agencies.

J103.3.1 Other permits required. Permits issued under the provisions of Appendix J convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work.

J103.32 Jurisdiction of other agencies. Permits issued under the

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21 provisions of Appendix J shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies.
(19) Section J103.4 is added to Appendix J of the California Building Code to read as follows:

J103.4 Grading designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or grading in excess of 50 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading”. All other grading shall be designated as “regular grading” unless the permittee chooses to have the grading performed as “engineered grading” or unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of “engineered grading”.
(20) Section J104.5 is added to Appendix J of the California Building Code to read as follows:

J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the California Building Code as duly adopted, are applicable to grading permits.

The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

The City Engineer may require professional inspection and testing by the soils engineer. When the City Engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to “engineered grading”.

The City Engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Engineer in an amount equal to that which would be required in the surety bond.
(21) Section J104.6 is added to Appendix J of the California Building Code to read as follows:

J104.6 Denial of permit.

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22 J104.6.1 Flood and geologic hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended.

EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the City Engineer under the provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended.

EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course and is designed to meet all requirements for grading in drainage courses under the City’s Hillside Management Ordinance and provision is made to the satisfaction of the City Engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties.
104.6.2 Land use. The City Engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar.
(22) Section J104.7 is added to Appendix J of the California Building Code to read as follows:

J104.7 Import and export of earth materials in excess of 10,000 cubic yards.

J104.7.1 Transport over public maintained streets. In addition to other provisions of this Code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street.
(i) The point of access to the public street shall be located as approved by the City Engineer.
(ii) Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control

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23 devices may be required by the City Engineer.

J104.7.2 Zoning ordinance compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an “off-site transport grading project” as defined in Title 22 of the Diamond Bar Municipal Code, entitled “Development Code”, unless the project is in conformance with Title 22. (23) Section J105.3 is added to Appendix J of the California Building Code to read as follows:

J105.3 Transfer of responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility in the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the City Engineer in writing of such change prior to the recommencement of such grading.
(24) Section J109.5 is added to Appendix J of the California Building Code to read as follows:

J109.5 Overflow protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity.
(25) Section J110.3 is added to Appendix J of the California Building Code to read as follows:

J110.3 Temporary erosion control precautions. Grading operations shall be planned to avoid the rainy season, October 15 through April 15 of the following calendar year. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Engineer.

J110.3.1 The City Engineer shall not issue a grading permit for any work to be commenced between October 15 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations.

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24 All protective measures shall be installed before grading is begun.

All erosion control measures shall comply with any adopted National Pollutant Discharge Elimination System (NPDES) policies and standards of the City.

J110.3.2 Where a grading permit is issued and grading work commenced after April 15 and before October 15 of any year and the plans for such work do not include details of the protective measures described in J110.3a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of J110.3a.

J110.3.3 Effect of noncompliance. Should the owner fail to submit detail plans or to provide the protective measures required by Sections J110.3a and J110.3b by the date specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the City Engineer may enter the property for the purpose of installing, by City forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of this Code, or he may take both actions. (26) Section J110.4 is added to Appendix J of the California Building Code to read as follows:

J110.4 Permanent erosion control.

J110.4.1 Planting and irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion.

J110.4.2 Planting and irrigation plans and specifications. For

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25 grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures of more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City Engineer and/or the Community Development Director. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect.

J110.4.3 Rodent control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control.
(27) Section J112 is added to Appendix J of the California Building Code to read as follows:

J112 Completion of work.

J112.1 Final reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable.
(i) An as-built grading plan prepared by the licensed civil engineer retained to provide such services showing original ground surface elevations, as-graded ground surface
elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge work within their area of responsibility was done in
accordance with the final approved grading plan.
(ii) A report prepared by the licensed soils engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes
made during grading and their effect on the recommendations made in the approved soils engineering investigation report.

Soils engineers shall submit a statement that, to the best of

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26 their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this Chapter.
(iii) A report prepared by the licensed engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on
recommendations incorporated in the approved grading plan.

Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of
responsibility is in accordance with the approved engineering geologist report and applicable provisions of this Chapter.

J112.2 Notification of completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted.

Sec. 15.00.330. Penalties for violation of division
It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division.

Secs. 15.00.340 – 15.00.500. Reserved.

Section 4. Title 15 (Building and Construction Safety), Chapter 15.00, Division 4.

Mechanical Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 4. - MECHANICAL CODE
Sec. 15.00.510. California Mechanical Code – Adopted.

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27 Sec. 15.00.520. Amendments to the California Mechanical Code.

Sec. 15.00.530. Penalties for violation of division.

Secs. 15.00.540. – 15.00.700. Reserved.

Sec. 15.00.510. California Mechanical Code – Adopted.

Except as amended by Section 15.00.520, the 2022 California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2021 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public.

Sec. 15.00.520. Amendments to the California Mechanical Code (1) Section 101.6 is added to the California Mechanical Code to read as follows:
101.6 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Mechanical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Chapter 1 Division II of the Mechanical Code is to supplement the Administration Code.
(2) Section 104.5 of the California Mechanical Code is amended to read as follows:
104.5 Fees. Refer to Administration Code Section 109.
(3) Section 107.0 of the California Mechanical Code is amended to read as follows:
107.0 Board of Appeals. Refer to Administration Code Section 113.

Sec. 15.00.530. Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted is hereby committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division.

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28 Secs. 15.00.540 – 15.00.700. Reserved.

Section 5. Title 15 (Building and Construction Safety), Chapter 15.00, Division 5.

Plumbing Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 5. - PLUMBING CODE
Sec. 15.00.710. California Plumbing Code – Adopted.

Sec. 15.00.720. Amendments to the California Plumbing Code.

Sec. 15.00.730. Penalties for violation of division.

Secs. 15.00.740. – 15.00.900. Reserved.

Sec. 15.00.710. California Plumbing Code – Adopted.

Except as amended by Section 15.00.720, the 2022 California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2021 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public.

Sec. 15.00.720. Amendments to the California Plumbing Code. (1) Section 101.4.1 is added to the California Plumbing Code to read as follows:
101.6 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Plumbing Code and the Administration Code occur, the Administration Code will prevail. The purpose of Chapter 1, Division II of the Plumbing Code is to supplement the Administration. (2) Section 104.5 of the California Plumbing Code is amended to read as follows:
104.5 Fees. Refer to Administration Code Section 109.
(3) Section 722.6 is added to the California Plumbing Code to read as follows:
722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety.

Sec. 15.00.730. Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or

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29 failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division.

Secs. 15.00.740 – 15.00.900. Reserved.

Section 6. Title 15 (Building and Construction Safety), Chapter 15.00, Division 6.

Electrical Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 6. - ELECTRICAL CODE
Sec. 15.00.910. California Electrical Code – Adopted.

Sec. 15.00.920. Amendments to the California Electrical Code.

Sec. 15.00.930. Penalties for violation of division.

Secs. 15.00.940. – 15.00.1100. Reserved.

Sec. 15.00.910. California Electrical Code – Adopted.

Except as amended by Section 15.00.920, the 2022 California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), and the appendices thereto, based on the 2020 National Electrical Code published by the National Fire Protection Association, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public.

Sec. 15.00.920. Amendments to the California Electrical Code. (1) Section 89.101.7.4 is added to the California Electrical Code to read as follows:

89.101.7.4 Conflicts with Administration Code. Where conflicts between Article 89 of this Electrical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Article 89 of the Electrical Code is to supplement the Administration Code. (2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows:

89.108.4.2 Fees. Refer to Administration Code Section 109. (3) Section 89.108.8 of the California Electrical Code is amended to read as

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30 follows:

89.108.8 Appeals Board. Refer to Administration Code Section 113. (4) Section 590.3(B) of the California Electrical Code is amended to read as follows:
590.3(B) 30 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed 30 days for holiday decorative lighting and similar purposes.

Sec. 15.00.930 Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division.

Secs. 15.00.940 – 15.00.1100. Reserved.

Section 7. Title 15 (Building and Construction Safety), Chapter 15.00, Division

12. Residential Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 12. – RESIDENTIAL CODE
Sec. 15.00.3210. California Residential Code – Adopted.

Sec. 15.00.3220. Amendments to the California Residential Code.

Sec. 15.00.3230. Penalties for violation of division.

Sec. 15.00.3210. California Residential Code – Adopted.

Except as otherwise provided by this Title, Sections 102 to 116 of the Administration Code, Section 1207 of Chapter 12, and Appendix J of the 2022 California Building Code (Part 2 of Title 24 of the California Code of Regulations) are hereby adopted and incorporated herein by reference as though fully set forth in this Division, and shall be known as Sections R102 to 116 of Chapter 1, Section 1207 of Chapter 12, and Appendix J of the 2019 California Residential Code (Part

2.5 of Title 24 of the California Code of Regulations).

Except as amended by Section 15.00.3220, the 2022 California Residential Code

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31 (Part 2.5 of Title 24 of the California Code of Regulations), and Appendices H (Patio Covers), J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2021 International Residential Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public.

Sec. 15.00.3220. Amendments to the California Residential Code. (1) Section R301.1.3.2 of the California Residential Code is amended to read as follows:

R301.1.3.2 Wood frame structures. 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 two stories and basement in height located in 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 or with a basement located in Seismic Design Category D0, D1, or D2. (2) Sections R313.1 and R313.2 of the California Residential Code are revised by amending the exception to these two Sections to add exception 3 to read as follows:

Exception 3: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system unless the addition or alteration affects more than 90% of an existing structure located within a Very High Fire Hazard Severity Zone. In that instance, modifications to more than 90% of the existing structure shall be considered a new structure and shall require the installation of an automatic residential fire sprinkler system and meet Fire Zone requirements.
(3) Section R337.1.3 of the California Residential Code is amended to restate exemption 5 as follows:

5. Additions to and remodels of buildings originally constructed prior to the applicable application date that do not affect more than 90% of the existing structure. Modifications to more than 90% of the existing structure shall be considered a new structure.

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32 (4) Section R337.2 of the California Residential Code is revised by adding a third paragraph to the definition of "FIRE HAZARD SEVERITY ZONES" to read as follows:

The City Council hereby designates Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection (Cal Fire) and as designated on a map titled Very High Fire Hazard Severity Zones in Local Responsibility Area (LRA) for Diamond Bar by Cal Fire - Fire and Resource Assessment Program (FRAP), dated February 2011 and retained on file at the office of the Building Official. (5) Section R331 is added to the California Residential Code to read as follows:

R331 Sound Transmission Control. Criteria for sound transmission control between dwelling units and outside noise shall be as provided in the California Building Code. Refer to Section 1206 of the California Building Code for criteria where sound transmission applies. (6) Section R332 is added the California Residential Code to read as follows:

R332 Structural Tests and Inspections. Structural test and inspection requirements which are omitted from the California Residential Code are intended to refer to the California Building Code.

When structural tests and special inspections are required due to the methods of construction the tests and inspections shall be performed and documented as required in Chapter 17 of the California Building Code. (7) Section R333 is added to the California Residential Code to read as follows:

R333 Pool Barrier Requirements. Pool barrier criteria are not explicitly located within the California Residential Code and are intended to refer to the California Building Code.

Where any body of water over 18” occurs, refer to California Building Code Section 3109 for pool barrier requirements.
(8) Section R403.1.4.1 of the California Residential Code is amended to read as follows:

R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. See Building Code Section 1809.4 for requirements. (9) Section R602.10 of the California Residential Code is amended by the

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33 addition of an exception to read as follows:

R602.10 Wall bracing.

EXCEPTION: Construction documents shall be designed in accordance with engineered design by a California licensed architect or engineer per the California Building Code for dwellings of wood frame construction more than one story.
(10) Section R602.10.8, item 1, of the California Residential Code is amended to read as follows:

R602.10.8 Braced wall panel connections.

1. Parallel rafters or roof trusses shall be attached to the top plates of braced wall panels through solid blocking and framing anchors or equal each bay. No gaps or voids from the roof sheathing through the entire connection shall occur.

Sec. 15.00.3230 Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division.

Section 8. Title 15 (Building and Construction Safety), Chapter 15.00, Division

13. Green Building Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 13. – GREEN BUILDING CODE
Sec. 15.00.3240. California Green Building Code – Adopted.

Sec. 15.00.3250. Reserved.

Sec. 15.00.3260. Penalties for violation of division.

Sec. 15.00.3240. California Green Building Code – Adopted.

Except as amended by Section 15.00.3250, the 2022 California Green Building Code (Part 11 of Title 24 of the California Code of Regulations), without appendices, is hereby adopted and incorporated herein by reference as though

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34 fully set forth in this Division and shall constitute the Green Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public.

Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and landscape ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full force notwithstanding the adoption of the California Green Building Code.

Sec. 15.00.3250. Reserved.

Sec. 15.00.3260. Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division.

Section 9. Title 15 (Building and Construction Safety), Chapter 15.00, Division 9.

Rehabilitation Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 9. – REHABILITATION CODE
Sec. 15.00.1510. Los Angeles County Building Code – Adopted.

Sec. 15.00.1520. Amendments to the Los Angeles County Building Code.

Sec. 15.00.1530. Penalties for violation of division.

Secs. 15.00.1540 – 15.00.1700. Reserved.

Sec. 15.00.1510. Los Angeles County Building Code – Adopted.

Except as amended by Section 15.00.1520, Chapters 98 (Unoccupied Buildings, Structures, and Special Hazards) and 99 (Building and Property Rehabilitation) of Title 26 of the Los Angeles County Building Code, based on the Uniform Building Code, is hereby adopted and incorporated herein by reference as the Rehabilitation Code of the City.

Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. (1) Section 9902.2 of Chapter 99 of the Los Angeles County Building Code is

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35 amended to read as follows:

BOARD, as used by this Chapter, the term "Board," "Building Rehabilitation Appeals Board," or "Board of Supervisors" shall mean the City Council of the City of Diamond Bar. All powers and duties to be exercised by the "Board," "Building Rehabilitation Appeals Board," or "Board of Supervisors" shall be vested in the City Council of the City of Diamond Bar. (2) Section 9902.8 is added to Chapter 99 of the Los Angeles County Building Code to read as follows:

COUNTY, as used by this Chapter, shall mean the City of Diamond Bar. All powers and duties to be exercised by the County shall be vested in the City of Diamond Bar.
(3) Section 9905.16 is added to Chapter 99 of the Los Angeles County Building Code to read as follows:

Garbage containers and receptacles stored in front or side yards visible from public streets, except when placed in areas for collection not earlier than sunset of the day preceding the designated day for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers and receptacles have been emptied.
(4) Section 9906 of Chapter 99 of the Los Angeles County Building Code is deleted in its entirety.
(5) Section 9927 of Chapter 99 of the Los Angeles County Building Code is amended to read as follows:

The costs involved in the demolition or other work by the Building Official, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (fee schedule), shall become a special assessment against the property.

Sec. 15.00.1530. Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with the requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the code adopted hereby is committed, continued or permitted by such person, firm, partnership, or

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36 corporation, and shall be deemed punishable therefor as provided in this division.

Secs. 15.00.140 – 15.00.300. Reserved.

Section 10. Title 15 (Building and Construction Safety), Chapter 15.00, Division

7. Uniform Housing Code is hereby deleted in its entirety and replaced to read as follows:

DIVISION 7. – HOUSING CODE
Sec. 15.00.1110. Uniform Housing Code – Adopted.

Sec. 15.00.1120. Amendments to the Uniform Housing Code.

Sec. 15.00.1130. Penalties for violation of division.

Secs. 15.00.1140 – 15.00.1300. Reserved.

Sec. 15.00.1110. Uniform Housing Code – Adopted.

Except as amended by Section 15.00.1120, the 1997 Uniform Housing Code, published by the International Conference of Building Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Housing Code of the City of Diamond Bar. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public.

In the event of any conflict between the provisions of the 1997 Uniform Housing Code and California Health and Safety Code section 17920.3, the Health and Safety Code provisions shall control.

Sec. 15.00.1520. Amendments to the Uniform Housing Code. (1) Chapters 1, 3, and 4 of the Uniform Housing Code are hereby deleted in their entirety. All administrative, permitting, definitions, and related requirements of said Chapters 1, 3, and 4 of the Uniform Housing Code shall be governed by Division 2 of this Chapter.

Sec. 15.00.1130. Penalties for violation of division.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division.

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37 Section 11. Title 15 (Expedited Electric Vehicle Charging), Chapter 15.00, Division 10. Section 15.00.1700 is hereby deleted in its entirety and replaced to read as follows:

DIVISION 10. – EXPEDITED ELECTRIC VEHICLE CHARGING
Section 15.00.1700 of the City of Diamond Bar Municipal Code is hereby added to read as follows:

Section 15.00.1700 Expedited Electric Vehicle Charging Station Permitting Electric Vehicle Charging Stations which qualify for expedited permit processing pursuant 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.
(1) EXPEDITED REVIEW PROCESS
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative 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. (2) ELECTRONIC SUBMITTALS
Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (3) ASSOCIATION APPROVAL
Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
(4) PERMIT APPLICATION PROCESSING
A permit application that satisfies the information 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

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38 documents meets the requirements of the City / County adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(5) TECHNICAL REVIEW
It is the intent of this Ordinance 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. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit.
(6) Any provision of the City of Diamond Bar Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
(7) If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 12. Any inconsistencies between the Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 2018 California Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7.

Section 13. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments.

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39 Section 14. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

Section 15. This ordinance shall be effective upon adoption and shall become operative on the 1st day of January, 2023.

PASSED, ADOPTED AND APPROVED this 15th day of November 2022.

CITY OF DIAMOND BAR:
__________________________
Ruth M. Low, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 1
st day of November 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

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Agenda #: 6.2
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENTS TO TITLE 5 AND TITLE 22 (DEVELOPMENT CODE)

OF THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE

EXISTING PROHIBITION ON SHORT-TERM RENTALS IN
RESIDENTIAL NEIGHBORHOODS.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

A. Open Public Hearing to receive public testimony;
B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 04(2022); and schedule the second reading and adoption at the next regularly scheduled City Council meeting.

FINANCIAL IMPACT:

None.

BACKGROUND:

Short-term rentals, such as those marketed through Airbnb and similar platforms, are prohibited in Diamond Bar. However, these unlawful businesses continue to proliferate.

Because it is currently difficult to preempt the establishment of short-term rentals, and nearly as difficult to prosecute violators, the City Council directed staff to identify potential solutions that would better enable the staff to eradicate short-term rentals, and thus reduce the nuisance they impose on neighborhoods.

The attached ordinance addresses the City Council’s direction by proposing the following amendments to the Diamond Bar Municipal Code (DBMC):

6.2 Packet Pg. 238

1. Adding definitions for “short-term occupancy” and “short-term rentals” to clarify the existing prohibition of such uses in residential neighborhoods.

2. Prohibiting the advertising of short-term rentals, as well as their operation.

The proposed ordinance amends both Title 5 (Business Licensing) and Title 22 (Development Code) of the DBMC.

ANALYSIS:

Residential short-term rentals—such as those listed on Airbnb, VRBO and similar sites—have become increasingly popular in recent years. These websites provide a platform for homeowners to operate an online marketplace for the rental of their residential properties for temporary lodging. Many travelers are now using short-term rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns. Consequently, many communities, including Diamond Bar, are experiencing the impacts of these uses in their residential neighborhoods, including, but not limited to, excessive noise, lack of parking, safety concerns, accumulation of trash and deferred property maintenance. If homes are utilized for transient occupancy, they are no longer part of our housing stock. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. In addition, when short-term rentals replace traditional commercial lodging, these illegal businesses put a strain on the City’s fiscal health because they do not pay transient occupancy tax, even though they place an added burden on public services.

Short-term rentals have always been prohibited in all residential zones within Diamond Bar. The Municipal Code defines hotels and motels as “facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (for) less than 30 days.” By definition, then, a residence being rented out for fewer than 30 days is classified as a hotel/motel, and is thus not a permissible use in residential zones. However, a recent search of all short-term rental booking platforms revealed that 83 homes in Diamond Bar are currently being advertised as available for temporary lodging. Although the City has been enforcing the prohibition of short-term rentals to varying degrees of success, staff typically must rely on circumstantial evidence to bring forth enforcement action against these illegal businesses.

Adoption Process
Before the City Council may adopt an ordinance that includes amendments to the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via resolution to the Council.

Planning Commission Review
On October 25, 2022, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 2022-19, recommending, by a 3-0 vote

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(Commissioner Garg and Commissioner Rawlings absent), that the City Council adopt the attached ordinance amending Titles 5 and 22 (Attachment 1). The staff report and draft meeting minutes from that meeting are included as Attachments 3 and 4 respectively.

No public comments were received prior to or during the Planning Commission hearing.

Proposed Amendments to Title 22 (Development Code)
Section 22.80.020. (Definitions of specialized terms and phrases) – The terms “short-term occupancy” and “short-term rental” are introduced for clarification purposes, and to expressly state that short-term rentals are prohibited in all zoning districts. With the addition of these narrowly-defined terms, it will no longer be necessary to rely entirely on the definition of “hotel/motel” to assert that short-term rentals are illegal in Diamond Bar. The new definitions are proposed to read as follows:
• Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days.

Short-term occupancy is prohibited in all residential zoning districts. • Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short-term occupancy. Short-term rentals are prohibited in all zoning districts.

Proposed Amendments to Title 5 (Business Licensing)
Section 5.08.050. (Short-term rentals) – This new section expressly states that it is not only a violation of the law to operate a short-term rental in Diamond Bar, but it is also illegal to advertise short-term rentals. Prohibiting the advertising of short-term rentals will serve as a powerful enforcement tool for the City: while it may be difficult to prove that a short-term rental is actually being rented out, it will be very easy to provide evidence that it is being advertised on any of various listing platforms, and the City will be able to prosecute on that basis alone. The new code section should also serve as a powerful deterrent by placing would-be violators on notice that the mere act of advertising a short-term rental is a misdemeanor offense, punishable by a fine of up to $1,000 and/or imprisonment for each offense. Pursuant to Municipal Code Section

1.04.010, each day that a violation is committed shall count as a separate offense.

ENVIRONMENTAL REVIEW:

The City has determined that the proposed Municipal Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations,

6.2 Packet Pg. 240
Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above.

NOTICE OF PUBLIC HEARING:

Pursuant to Government Code Section 65091(a)(4), notice for this hearing was published in the San Gabriel Valley Tribune newspaper on November 4, 2022, as a 1/8- page display ad. A copy of the public notice was also posted at the City’s designated community posting sites.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Ordinance as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 6.2.a Ordinance No. 04 (2022); Short-Term Rentals

2. 6.2.b Planning Commission Resolution No. 2022-19

3. 6.2.c Planning Commission Staff Report (attachments not included) Dated October 25, 2022

4. 6.2.d Planning Commission Meeting Draft Minutes Dated October 25, 2022

6.2 Packet Pg. 241
ORDINANCE NO. 04 (2022)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 5.08.050 (SHORT-TERM
RENTALS) OF TITLE 5 AND AMENDING SECTION 22.80.020
(DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE

TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM
RENTALS IN RESIDENTIAL NEIGHBORHOODS.

WHEREAS, the number of short-term rentals of residential dwelling units has grown in recent years in the City of Diamond Bar ("City") and in many other communities.

This is largely due to hosting platform websites such as Airbnb and VRBO that can provide an easy connection between property owners and individuals looking for shortterm rental housing. Many travelers are now using short-term vacation rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns;
WHEREAS, the City has at all times considered short-term rentals as unpermitted uses within all residential zones and has used its code enforcement powers against property owners using residential properties in this manner; WHEREAS, the commercial nature of short-term rentals is incompatible with the character of residential neighborhoods for reasons which include, but are not limited to the following: (1) short-term rental properties are subject to ever-changing tenants which results in surrounding neighbors not becoming familiar with the property's inhabitants, which detrimentally affects crime prevention efforts, including, but not limited to, Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors due to the transient nature of their stay; (3) because short-term renters are typically on vacation, loud parties are more frequent and more frequently occur during the middle of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their own properties; (4) short-term rentals are more likely to be occupied by several families and/or large numbers of adults which results in additional vehicle trips and parking demand; and (5) it has been the City's experience that short-term rentals place inordinately larger demands on police services primarily due to noise complaints associated with loud parties;
WHEREAS, short-term rentals have been primarily located in the City's singlefamily neighborhoods, the characteristics of which include: (1) owner-occupied homes consisting of a single family which typically will remain in the home for a number of years; (2) long-term tenants with similar characteristics as the owner-occupied home; (3) neighbors who develop friendships which can last years or even a lifetime and who share life experiences over the span of years; and (4) neighbors who watch over each other's properties and have some familiarity with who may or may not belong on the property.

Occupants of short-term rentals do not share these single-family residential characteristics;

6.2.a
Packet Pg. 242
Ordinance No. 04 (2022)
2 WHEREAS, in adopting the proposed amendments, the City seeks to clarify the existing condition (i.e., that short-term rentals are not a permitted use in residential zones) to, in part, ensure that potential purchasers of residential properties in the City have no reasonable expectation in making their purchasing decision that the residential property can be put to such a use;
WHEREAS, in adopting the proposed amendments, short-term rentals, home sharing, and the advertisement thereof, does not amend the General Plan but is consistent with all provisions of the General Plan to protect neighborhoods from nuisances and other adverse effects resulting from improper operation of short-term rentals and home sharing; and
WHEREAS, the City has established goals and policies to address the development, maintenance and improvement of the housing stock to provide adequate housing in the city, both in quality and quantity, and to provide appropriate shelter for all without discrimination. If homes are utilized for transient occupancy, they are no longer part of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing opportunities as rooms and secondary units can be used for permanent housing rather than transient stays. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. Prohibiting short-term rental and home sharing is consistent with the following General Plan and Housing Element goals and policies:

Land Use and Economic Development
• Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities Diamond Bar residents love, such as easy access to preserved natural open spaces, while supporting and encouraging well-designed, complete neighborhoods with safe streets, access to shopping and services, and community parks and gathering places. • Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels. • Goal LU-G-18: Encourage a diversity of housing types and products.

Housing Element
• Goal H-G-1: Preserve and conserve the existing housing stock and maintain property values and residents' quality of life.
• Policy H-P-1.3: Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality.

WHEREAS, on October 25, 2022, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Municipal Code, and adopted Resolution No. 2022-19 recommending City Council approval of said Municipal Code amendments; and

6.2.a
Packet Pg. 243
Ordinance No. 04 (2022)
3 WHEREAS, on November 15, 2022, the City Council held a duly noticed public hearing regarding the proposed Municipal Code Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Subsection (s) of Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add the definitions of “short-term occupancy” and “short-term rental,” as follows (deletions in strikethrough text and additions shown in double underline):
(s) Definitions, “S.” The following definitions are in alphabetical order:
. . .

Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Short-term occupancy is prohibited in all residential zoning districts.

Short-Term Rental. The use of any dwelling unit, or any portion thereof, for shortterm occupancy. Short-term rentals are prohibited in all zoning districts. . . .

Section 2. A new Section 5.08.050 (Short-term rentals) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is added as follows (deletions in strikethrough text and additions shown in double underline):

Section 5.08.050. – Short-term rentals
(a) Short-term occupancy and short-term rental shall have the same meanings as provided in Title 22, Development Code.
(b) It is a violation of this Code for an owner or lessee of property or any agent thereof, to rent a dwelling unit or any portion thereof, for short-term occupancy or as a short-term rental as such terms are defined in Subsection (s) of Section 22.080.020. (c) It is a violation of this Code for an owner or lessee of property or any agent thereof, to place or permit to be placed, any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form of advertisement for a short-term occupancy or short-term rental in a zoning district in which such uses are not permitted. (d) Violation of this Section shall constitute a misdemeanor as set forth pursuant to Section 1.04.010.

Section 3. The adoption of this Ordinance is not a project within the meaning of

6.2.a
Packet Pg. 244
Ordinance No. 04 (2022)
4 the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above.

Section 4. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 5. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937.

PASSED, APPROVED and ADOPTED this _____ day of ________, 2022.

CITY OF DIAMOND BAR:
__________________________
Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November, 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the ____ day of ________, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

6.2.a
Packet Pg. 245

6.2.b
Packet Pg. 246

6.2.b
Packet Pg. 247

6.2.b
Packet Pg. 248
ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 5.08.050 (SHORT-TERM
RENTALS) OF TITLE 5 AND AMENDING SECTION 22.80.020
(DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE

TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM
RENTALS IN RESIDENTIAL NEIGHBORHOODS.

WHEREAS, the number of short-term rentals of residential dwelling units has grown in recent years in the City of Diamond Bar ("City") and in many other communities.

This is largely due to hosting platform websites such as Airbnb and VRBO that can provide an easy connection between property owners and individuals looking for shortterm rental housing. Many travelers are now using short-term vacation rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns;
WHEREAS, the City has at all times considered short-term rentals as unpermitted uses within all residential zones and has used its code enforcement powers against property owners using residential properties in this manner; WHEREAS, the commercial nature of short-term rentals is incompatible with the character of residential neighborhoods for reasons which include, but are not limited to the following: (1) short-term rental properties are subject to ever-changing tenants which results in surrounding neighbors not becoming familiar with the property's inhabitants, which detrimentally affects crime prevention efforts, including, but not limited to, Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors due to the transient nature of their stay; (3) because short-term renters are typically on vacation, loud parties are more frequent and more frequently occur during the middle of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their own properties; (4) short-term rentals are more likely to be occupied by several families and/or large numbers of adults which results in additional vehicle trips and parking demand; and (5) it has been the City's experience that short-term rentals place inordinately larger demands on police services primarily due to noise complaints associated with loud parties;
WHEREAS, short-term rentals have been primarily located in the City's singlefamily neighborhoods, the characteristics of which include: (1) owner-occupied homes consisting of a single family which typically will remain in the home for a number of years; (2) long-term tenants with similar characteristics as the owner-occupied home; (3) neighbors who develop friendships which can last years or even a lifetime and who share life experiences over the span of years; and (4) neighbors who watch over each other's properties and have some familiarity with who may or may not belong on the property.

Occupants of short-term rentals do not share these single-family residential characteristics;
Exhibit A 6.2.b
Packet Pg. 249
Ordinance No. XX (2022)
2 WHEREAS, in adopting the proposed amendments, the City seeks to clarify the existing condition (i.e., that short-term rentals are not a permitted use in residential zones) to, in part, ensure that potential purchasers of residential properties in the City have no reasonable expectation in making their purchasing decision that the residential property can be put to such a use;
WHEREAS, in adopting the proposed amendments, short-term rentals, home sharing, and the advertisement thereof, does not amend the General Plan but is consistent with all provisions of the General Plan to protect neighborhoods from nuisances and other adverse effects resulting from improper operation of short-term rentals and home sharing; and
WHEREAS, the City has established goals and policies to address the development, maintenance and improvement of the housing stock to provide adequate housing in the city, both in quality and quantity, and to provide appropriate shelter for all without discrimination. If homes are utilized for transient occupancy, they are no longer part of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing opportunities as rooms and secondary units can be used for permanent housing rather than transient stays. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. Prohibiting short-term rental and home sharing is consistent with the following General Plan and Housing Element goals and policies:

Land Use and Economic Development
 Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities Diamond Bar residents love, such as easy access to preserved natural open spaces, while supporting and encouraging well-designed, complete neighborhoods with safe streets, access to shopping and services, and community parks and gathering places.  Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels.  Goal LU-G-18: Encourage a diversity of housing types and products.

Housing Element
 Goal H-G-1: Preserve and conserve the existing housing stock and maintain property values and residents' quality of life.
 Policy H-P-1.3: Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality.

WHEREAS, on October 25, 2022, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Municipal Code, and adopted Resolution No. 2022-XX recommending City Council approval of said Municipal Code

6.2.b
Packet Pg. 250
Ordinance No. XX (2022)
3 amendments; and
WHEREAS, on November 15, 2022, the City Council held a duly noticed public hearing regarding the proposed Municipal Code Amendment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Subsection (s) of Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add the definitions of “short-term occupancy” and “short-term rental,” as follows (deletions in strikethrough text and additions shown in double underline):
(s) Definitions, “S.” The following definitions are in alphabetical order:
. . .

Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Short-term occupancy is prohibited in all residential zoning districts.

Short-Term Rental. The use of any dwelling unit, or any portion thereof, for shortterm occupancy. Short-term rentals are prohibited in all zoning districts. . . .

Section 2. A new Section 5.08.050 (Short-term rentals) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is added as follows (deletions in strikethrough text and additions shown in double underline):

Section 5.08.050. – Short-term rentals
(a) Short-term occupancy and short-term rental shall have the same meanings as provided in Title 22, Development Code.
(b) It is a violation of this Code for an owner or lessee of property or any agent thereof, to rent a dwelling unit or any portion thereof, for short-term occupancy or as a short-term rental as such terms are defined in Subsection (s) of Section 22.080.020. (c) It is a violation of this Code for an owner or lessee of property or any agent thereof, to place or permit to be placed, any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form of advertisement for a short-term occupancy or short-term rental in a zoning district in which such uses are not permitted. (d) Violation of this Section shall constitute a misdemeanor as set forth pursuant to Section 1.04.010.

6.2.b
Packet Pg. 251
Ordinance No. XX (2022)
4 Section 3. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above.

Section 4. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 5. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937.

PASSED, APPROVED and ADOPTED this 6
th day of December, 2022.

THE CITY OF DIAMOND BAR:
__________________________
Ruth Low, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November, 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of December, 2022, by the following vote:

6.2.b
Packet Pg. 252
Ordinance No. XX (2022)
5 AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

6.2.b
Packet Pg. 253

PLANNING COMMISSION

AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: October 25, 2022
CASE/FILE NUMBER: Municipal Code Amendment No. PL2022-83 PROJECT LOCATION: Citywide
APPLICATION REQUEST:

APPLICANT:

STAFF RECOMMENDATION:

Amendment to the Diamond Bar Municipal Code
by adding a new Section 5.08.050 (ShortTerm Rentals) to Title 5, and amending Section 22.80.020 (Definitions of Specialized
Terms and Phrases) of Title 22 to clarify the
existing prohibition on short-term rentals in
residential neighborhoods.

Community Development Department
Adopt the attached Resolution recommending
the City Council approve Municipal Code
Amendment No. PL2022-83.

SUMMARY:

Short-term rentals, such as those marketed through Airbnb and similar platforms, are prohibited in Diamond Bar. However, these unlawful businesses continue to proliferate.

Because it is currently difficult to prevent the establishment of short-term rentals, and nearly as difficult to prosecute violators, the City Council directed staff to identify potential solutions that would better enable the staff to eradicate short-term rentals, and thus reduce the nuisance they impose on neighborhoods.

The attached ordinance addresses the City Council’s direction by proposing the following amendments to the Diamond Bar Municipal Code (DBMC):

1. Adding definitions for “short-term occupancy” and “short-term rentals” to clarify the existing prohibition of such uses in residential neighborhoods.

CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117

7.1 Packet Pg. 21

6.2.c
Packet Pg. 254
Municipal Code Amendment No. PL2022-83 Page 2 of 4

2. Prohibiting the advertising of short-term rentals, as well as their operation.

The proposed ordinance amends both Title 5 (Business Licensing) and Title 22 (Development Code) of the DBMC. Although amendments to Title 5 are not subject to Planning Commission review, amendments to Title 22 are, so the entire ordinance is being presented for the Commission’s consideration and recommendation to the City Council.

BACKGROUND:

Residential short-term rentals—such as those listed on Airbnb, VRBO and similar sites—have become increasingly popular in recent years. These websites provide a platform for homeowners to operate an online marketplace for lodging, primarily homestays for vacation rentals, and tourism activities. Many travelers are now using short-term rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns. Consequently, many communities, including Diamond Bar, are experiencing the impacts of these uses in their residential neighborhoods, including, but not limited to, excessive noise, lack of parking, safety concerns, accumulation of trash and deferred property maintenance. If homes are utilized for transient occupancy, they are no longer part of our housing stock. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. In addition, when short-term rentals replace traditional commercial lodging, these illegal businesses put a strain on the City’s fiscal health because they do not pay transient occupancy tax, even though they place an added burden on public services.

Short-term rentals have always been prohibited in all residential zones within Diamond Bar. The Municipal Code defines hotels and motels as “facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).” By definition, a residence being rented to a tenant for fewer than 30 days, therefore, classified as a hotel/motel, and is not a permissible use in residential zones pursuant to the City’s land use table. Although the City has been enforcing the prohibition of short-term rentals to varying degrees of success, staff typically must rely on circumstantial evidence to bring forth allegations that these illegal businesses are in operation.

ANALYSIS:

Adoption Process
Before the City Council adopts an ordinance to amend the Municipal Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments.

The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted.

7.1 Packet Pg. 22

6.2.c
Packet Pg. 255
Municipal Code Amendment No. PL2022-83 Page 3 of 4
As noted earlier, the proposed ordinance amends both Title 5 (Business Licensing) and Title 22 (Development Code) of the DBMC. Although amendments to Title 5 are not subject to Planning Commission review, amendments to Title 22 are, so, as a practical matter, the entire ordinance is being presented for the Commission’s consideration and recommendation to the City Council.

Proposed Amendments to Title 22 (Development Code)
Section 22.80.020. (Definitions of specialized terms and phrases) – The terms “short-term occupancy” and “short-term rental” are introduced for clarification purposes, and to expressly state that short-term rentals are prohibited in all zoning districts. With the addition of these narrowly-defined terms, it will no longer be longer necessary to rely entirely on the definition of “hotel/motel” to assert that short-term rentals are illegal in Diamond Bar. The new definitions are proposed to read as follows:
• Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Shortterm occupancy is prohibited in all residential zoning districts. • Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short-term occupancy. Short-term rentals are prohibited in all zoning districts.

Proposed Amendments to Title 5 (Business Licensing)
Section 5.08.050. (Short-term rentals) – This new section expressly states that it is not only a violation of the law to operate a short-term rental in Diamond Bar, but it is also illegal to advertise short-term rentals. Prohibiting the advertising of short-term rentals will serve as a powerful enforcement tool for the City: while it may be difficult to prove that a short-term rental is being rented out, it will be very easy to provide evidence that it is being advertised on any of various listing platforms, and the City will be able to prosecute on that basis alone. The new code section should also serve as a powerful deterrent by placing would-be violators on notice that the mere act of advertising a short-term rental is a misdemeanor offense.

ENVIRONMENTAL REVIEW:

The City has determined that the proposed Municipal Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations,

7.1 Packet Pg. 23

6.2.c
Packet Pg. 256
Municipal Code Amendment No. PL2022-83 Page 4 of 4
Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above.

NOTICE OF PUBLIC HEARING:

Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on October 14, 2022, in a 1/8-page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City’s designated community posting sites.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt a Resolution recommending City Council approval of Municipal Code Amendment No. PL2022-83.

PREPARED BY:

REVIEWED BY:

Attachments:

A. Draft Planning Commission Resolution No. 2022-XX (Recommending Approval of Municipal Code Amendment)

7.1 Packet Pg. 24

6.2.c
Packet Pg. 257

MINUTES OF THE CITY OF DIAMOND BAR

REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 25, 2022
Consistent with State Assembly Bill 361, members of the Planning Commission participated in person and telephonically and Members of the public were encouraged to participate and address the Planning Commission during the public comment portion of the meeting via teleconference. For those attending the meeting in person, face coverings were recommended.

CALL TO ORDER:

Chair/Wolfe called the meeting to order at 6:30 p.m.

PLEDGE OF ALLEGIANCE: Vice Chairman Mok led the Pledge of Allegiance.

ROLL CALL: Commissioners present: Naila Barlas, Vice-Chair Kenneth Mok and Chair Raymond Wolfe

Absent: Commissioners Mahendra Garg and William Rawlings were excused.

Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko Nakajima, Associate Planner; and Stella Marquez, Administrative Coordinator.

2. APPROVAL OF AGENDA: Chair/Wolfe

3. PUBLIC COMMENTS: Willie Wang, Mt. SAC Journalism staff member, was present to gather information to write a paper about what is happening in the City of Diamond Bar.

4. CONSENT CALENDAR:

4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws.

4.2 Minutes of the Planning Commission Regular Meeting of September 13, 2022.

4.3 Minutes of the Planning Commission Regular Meeting of October 11, 2022.

C/Barlas moved, VC/Mok seconded, to approve the Consent Calendar as presented with VC/Mok abstaining on Item 4.3. Motion carried by the following Roll Call vote
AYES: COMMISSIONERS: Barlas, VC/Mok, Chair/Wolfe
NOES: COMMISSIONERS: None
DRAFT

6.2.d
Packet Pg. 258
________________________________________________________________________ OCTOBER 25, 2022 2 PLANNING COMMISSION
________________________________________________________________________ ABSENT: COMMISSIONERS: Garg, Rawlings

5. OLD BUSINESS: None

6. NEW BUSINESS: None

7. PUBLIC HEARING(S):

7.1 Municipal Code Amendment No. PL 2022-83: Amendment to the Diamond Bar Municipal Code by adding a new Section 5.08.050 (Short Term Rentals) to Title 5, and amending Section 22.80.020 (Definitions of Specialized Terms and Phrases) of Title 22 to clarify the existing prohibition on short-term rentals in residential neighborhoods.

PROJECT ADDRESS: Citywide
APPLICANT: Community Development Department
AP/Nakajima presented staff’s report and recommended Planning Commission adoption of a Resolution recommending City Council approval of Municipal Code Amendment No PL2022-83, based on the findings of Fact, and subject to the Conditions of Approval as listed within the Resolution.

Chair/Wolfe opened the public hearing.

With no one present who wished to speak on this item, Chair/Wolfe closed the public hearing.

VC/Mok moved, C/Barlas seconded, to adopt a Resolution recommending City Council approval of Municipal Code Amendment No PL2022-83, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Motion carried by the following Roll Call vote:

AYES: COMMISSIONERS: Barlas, VC/Mok, Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Garg, Rawlings

8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS:

C/Barlas asked if City permits were required for ADU rentals and CDD/Gubman responded that once the permit has been issued for construction of an ADU and the unit has passed final inspection, homeowners are free to rent out the unit.

9. STAFF COMMENTS/INFORMATIONAL ITEMS:

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________________________________________________________________________ OCTOBER 25, 2022 2 PLANNING COMMISSION
________________________________________________________________________ CDD/Gubman announced that because there were no agenda items scheduled for November 8th, the meeting would be canceled. While there are agenda items scheduled for the November 22nd meeting, it falls during the holiday week, so he asked the Commissioners if they will be attending that meeting. Chair/Wolfe responded that he would be out of town that week.

10. SCHEDULE OF FUTURE EVENTS:

As listed in the agenda.

ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 6:43 p.m.

The foregoing minutes are hereby approved this ____________________________, 2022.

Attest:

Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
_____________________________
Raymond Wolfe, Chairperson

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