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HomeMy WebLinkAbout2/14/1994S. PLANNING v1.2.&111 COMMISSION Z)� M���)WA FEBRUARY 14, 1994. 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Cbasrman Vice Cbalrwoman Commissioner Commissioner Commissioner David Meyer Lydia Plunk Jack Grotbe Bruce Hamenbaum Michael Li Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Pfease ref rain from smoking, eating or drinkingThe City of Diamond Bar uses recycled paper in the Auditorium'` "'' and encourages you to do the same, 's C,A 1 TIO URDEIL 1:00 P.M. PLEDGE OF ALLEGIANCE GLANCE Next Resolution No. 941 ROLL CALL: COMMISSIONERS: Chairman David Meyer, Vice Chairwoman Lydia Plunk, Bruce Flamenbaum, Jack Grothe, and Michael Li MATTERS FROM TYLE AUDIENCE/PUBLIC CONEVEN I8: This is the time and place for the general public to address the members of the Planning Commis- sion on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Sneaker's Card for the recording Secretary (Completion of this form is voluntary). There is a five minute maximum time limit CONSENT CALENDAR- The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the. Commission only: 1. Minutes of January 24, 1994 OLD BUSINESS: None PUR—TA1119Adel 2.. Planned Sign Program No. 94-1 Pursuant to the Sign Ordinance, all freestanding signs require approval by Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a nursery. The project is located on Golden Springs Dr. adjacent to the SR 60 freeway on the long undeveloped parcel south of the freeway and north of Golden Springs Dr. The parcel is between Banning Way and the Brea Canyon Road off -ramp. RECONIlVIENDATION: Staff recommends that the Planning Commssion ap- prove the freesstanding sign at the location and size requested by the applicant. 1 CONTINUED PUBLIC DARING: 3. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance The consideration of an ordinance to amend Title 22 of the Los Angeles County Code by adding a new chapter establishing property maintenance standards. Applicant: City of Diamond Bar Property Location: All property within the City limits of Diamond Bar. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this Project's Categorically Exempt pursuant to Section 15321. RECOMMENDATION' Staff recommends that the Planning Commission review the draft documents, make appropriate changes and forward the Property Maintenance Ordinance to the City Council. PUBLIC HEARINGS: 4. Conditional Use Permit No. 94-1 A request to locate an emergency helispot on an existing knoll overlooking the Pantera Park site. The proposed helispot is for firefighting related activities and will be able to provide service for two helicopters and supprot vehicles. The helispot will provide an increased response to the central and norther Diamond Bar area. The site will only be used as a landing site during emergency situa- tions. Environmental Determination: Categorically Exempt pursuant to Section 15300.4 Applicant: County of Los Angeles Fire Department 1320 N. Eastern, Los Angeles, CA 90063 RECOMMENDATION: The staff recommends that the Planning Commission continue the Public Hearing to March 14, 1994. ANNOUNCEMENTS: PLANNING COMMISSION iii: (1) Verbal discussion on future Development Code (2) Other INFORMATIONAL nUAS: (1) Verbal Presentation of General Plan Status (2) Status of Planning Commissioner Reappointments ADJOURNMENT February 28, 1994 MINUTES OF THE DIAMOND BAR PLANNING COMMISSION MEETING HELD ON JANUARY 24, 1994 A T 7.00 P.M. IN THE SOUTH COAST AIR QUALITY .MANAGEMENT DISTRICT AUDITORIUM, 21865 E. COPLEY DRIVE, DIAMOND BAR CALL TO ORDER Chairman Meyer called the meeting to order at 7:08 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL Present: Chairman Meyer, Vice Chairman Plunk, Commissioners: Grothe and Li Commissioner Flamenbaum arrived at 7:10 p.m Also Present: Community Development Director James DeStefano, Associate Planner Rob Searcy, Planning Technician Ann Lungu, Assistant City Attorney John Harper, Building Official Dennis Tarango, and Recording Secretary Liz Myers Absent: None MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS Don Schad, a resident, inquired if the City had.been notified of the project, now underway, located southwest of Brea Canyon Cut-off and the 57 freeway, which impacts the environment and existing views of local residents. He expressed concern that another project, located next to the Fire Station on the southeast corner of Pathfinder and Brea Canyon Cutoff, will impact existing Willow trees in the area because the pipeline has been tapped, thus losing the natural spring. CDD/DeStefano stated that the project located south of Brea Canyon Cut-off was approved by Los Angeles County approximately one year ago. The City of Diamond Bar, upon receiving notice, protested the project in terms of its environmental impact and traffic impact. He stated that staff will further investigate the status of that project, as well as the status of the, project located at Pathfinder and Brea Canyon Cutoff, near the Fire Station. Planning Commission Minutes - January 24, 1994 Page 1 of 12 CDD/DeStefano introduced John Harper, of the firm Harper and Burns, serving as the Assistant City Attorney. CONSENT CALENDAR Minutes of December 13, 1993 C/Li indicated that he will be abstaining from voting on the minutes because he was absent at that subject meeting. Moved by C/Flamenbaum, seconded by C/Grothe and carried to approve the minutes of December 13, 1993, as presented. C/Li abstained. OLD BUS/NESS - None NEW BUS/NESS . 2. Request by the Pomona Unified School District Finding Conformity with the Draft General Plan for Construction of the.Diamond Ranch High School Pursuant to Section 21151.2 of the Public Resources Code CDD/DeStefano reported that the Pomona Unified School District (PUSD) has asked the Planning Commission to review its Diamond Ranch High School site for purposes of consistency with the General Plan. He stated that Diamond Bar has supported the efforts of the District in the desire to develop a school for several years. Each version of the General Plan describes a clear commitment to development of a second high school within the Tres Hermanos area. It is recommended that the Planning Commission take action, by minute motion, to direct staff to communicate, in writing, to the Pomona Unified School District the City's support of their continuous efforts to develop this high school project, and that the Planning Commission find the proposed high school is consistent with the City's draft General Plan. Patrick Leier, the Assistant Superintendent of Business Service of the PUSD, displaying a graphic of the design plan for the proposed high school, presented a brief history of the long approval process undergone by the District in the last few years to build a high school, as well as the process of selecting the site. He stated that, through the efforts of several individuals, the City of Diamond Bar, the Redevelopment Agency, and the District, a decision was made to build the high school in the Tres Hermanos area; the final boundaries are yet to be determined. The District conducted an architectural competition for the best design plan, focusing their selection on the plan that had the best use of the site, and included the educational philosophy and mission in the design. He explained that one of the major issues of developing on the site is the complex set of soils problem; however, it has been determined, through extensive investigation, that the problems can be mitigated. A rough grading plan will be developed and it is hoped that grading activity will commence in the very near future. Planning Commission Minutes • January 24. 1994 Page 2 of 72 Ed Walsh, the Administrative Director of Business Services of the PUSD, explained that one of the parameters set for the architectural competition was an interest in the Diamond Ranch High School to be highly used by the community, both interior and exterior, yet still maintain high security of campus equipment. The award winning design, presented before the Commission, has many features in place that seem to work, realizing of course that it still needs to be fine tuned. He then discussed the educational philosophy and guidelines of the program elements, and how it is incorporated into the design plan. Patrick Leier explained that Phase I of the construction of the high school_ will have a capacity of 1200 students, outlined in the Environmental Impact Report, which is the number determined by State formula for loading capacity. Beyo.nd that number problems arise in regards to connecting roads from the west that is beyond the Districts capabilities to deal with at this time. Gary Andreas, the Civil Engineer with Andreas & Engineering, stated that their firm was asked to determine what impacts'and problems could be solved both economically and environmentally on the site. Upon analyzing the drainage, hydrology, and the drainage pattern of the areas tributary to the freeway, it was determined that the campus could be developed by keeping those drainage patterns in place, and utilizing the existing facilities to deal with runoff. It was also determined that access to the site could be obtained off of Chino Hills Parkway, on the east side of the campus, bringing a meandering roadway into the main central theme of the campus into the parking facilities on the west side. He stated that the campus is stair -stepped in a manner to utilize the tremendous view from that site. He also stated that all utilities, except for water will be brought in from the east side of the campus. He explained that the first scheme of the project is to detail how the site will be graded, determining the remedial grading that is necessary for construction. In response to a series of inquiries made by Chair/Meyer, Patrick Leier stated the following: the EIR has been certified; preliminary approval has been received from the State Department of Education; consideration has been given to discourage through traffic; access to the site will come from the east, and eventually from the west when the. student population exceeds 1,200; the immediate concern is the ability to satisfy the requirements for emergency vehicle access using a connector road from the west; Phase II would be contingent upon a connection from the west; and the purpose of this presentation is to comply with Section 211512.2 of the California Environmental Quality Act (CEQA). In response to a series of inquires made by C/Flamenbaum, Patrick Leier stated the following: many Oak Trees are affected, but none will be destroyed; the design site in the EIR includes the school site and the road leading up to the school site (referred to as parcel "A" and parcel "B"); at the conclusion of the grading, those slope areas will revert back to the City of Industry and the remaining areas will be the responsibility of the District to maintain; the road to the east from Chino Hills Parkway is located in the City of Diamond Bar; at this Planning Commission Minutes - January 24, 1994 .Page 3 of 12 time, it has not been determined if the proposed design complies with Diamond Bar's Hillside Management Ordinance; at buildout, it is anticipated that there will be approximately 1,500 students, but there is sufficient land to house about 2,000 to 2,400 students; and, it was felt that it was more appropriate to begin the process for construction of the school, dealing with the problem of access from the west at a later time. C/Grothe suggested that much consideration be given to parking since many student will have to .drive to school, and there are no City street surrounding the campus to accommodate overflow parking. He then inquired when the opening date is anticipated. Patrick Leier stated that, until grading activity commences, it is difficult to determine an opening date; however, one can estimate that the opening date may be around 1996-97, relative to the Board of Education making a determination on phasing. Gary Andreas, in response to VC/Plunk, explained that the detail grading design still needs to be completed, relative to the architect's elevations in his design. Patrick Leier, in response to VC/Plunk stated that the facility is approximately 121,000 square feet for a capacity of 1,200 students; however, the boundaries for the student population have not yet been determined. Chair/Meyer inquired of the purpose of the presentation by PUSD since the City has reviewed portions of the site with the Tres Hermanos Specific Plan and has been instrumental in the passage of SB1718, thus already complying with Section 2.1151.2 of CEQA. He' pointed out that the Planning Commission is unable to find the project consistent with the General Plan since it was rescinded by the City Council in December of 1993. VC/Plunk suggested that the Planning Commission take a position of fully supporting the school, with the understanding that the Planning Commission is unable to find the project consistent with the General Plan due to existing circumstances regarding the document. C/Li suggested that the matter be carried over for 30 to 60 days to allow time for the revision of the General Plan and the reconfiguration of the Planning Commission. CDD/DeStefano concurred that the PUSD probably already has the needed answer in terms of the City's support for this project; however, the District staff is most likely assuring that all guidelines established by CEQA are met. He recommended that the Planning Commission take a minute action to direct staff to prepare a letter regarding the acquisition of this property, mentioning that the City does not have a current General Plan, but that all previous documents have expressed support and designation of the school at this location. Planning Commission Minutes - January 24, 1994 Page 4 of 12 Patrick Leier stated that a continuance would not be a problem, with the understanding outlined by CDD/DeStefano. C/Flamenbaum, noting that the District can proceed regardless of the Planning Commission's finding, suggested that the Commission make no finding regarding consistency since there is no General Plan. Moved by C/Grothe, seconded by C/Li to direct staff to prepare a letter to the PUSD concerning the Planning Commission's investigation of the acquisition of this site in accordance to Section 21151.2 of CEOA. Chair/Meyer opened the .meeting and invited those wishing to speak to come forward. Council Member Papen encouraged the Planning Commission to move forward with the motion made. She concurred that the PUSD should be requested to use land form grading techniques to maintain the views of the natural slopes along the freeway. Noting that final grading designs cannot be completed until the architectural design is complete, she inquired when the architectural and grading plans will be designed, and when a real groundbreaking could be anticipated. She also noted that the indicated occupancy date of 1997 is two years off from what was told to the City 90 days ago. She also inquired if the District has the available funds for the construction of the building for the 1,200 students, as well as for the furniture and equipment needed. Patrick Leier stated that the construction budget for the building for 1,200 students is estimated at $17 million, which is an amount that the District has available to them. It is anticipated that the next State bond election will be the source of money to complete the project; however, because of the situation in Los Angeles, there is no assurance of the Governors and the State legislatures position. He stated that PUSD clearly has the ability to move forward with the first phases for the 1,200 students. Gary Neely, residing at 344 Canoe Cove Drive, stated that the residents involved with this project desire two western access roads: one from Deep Springs and one from Golden Springs. He requested the Planning Commission accept staff's recommendation as presented. There being no one else in the audience wishing to speak, Chair/Meyer closed the meeting and returned the matter back to the Commission for consideration. Chair/Meyer, noting the suggestions made by the audience, suggested that the motion be amended to incorporate the following: the project should comply with land form grading techniques in compliance with the City's Hillside Management Ordinance; and the District should continue to work with the City concerning compliance with the City's development standards in the development of the school. Planning Commission Minutes - January 24, 1994 Page 6 of 12 C/Flamenbaum inquired of the PUSD's obligation to comply with City ordinances regarding hillside grading, and the alignment of the road to the west or the east. CDD/DeStefano stated that the District must comply with the City's grading standards, which would incorporate the aesthetics combined within the hillside grading ordinance. He stated that, other than the EIR's description of offsite impacts, the District would probably not be required to comply with the specific standards the City might have with respect to the -roadway construction. However, the district would need to respond by providing mitigation for the off. site impacts. Moved by C/Grothe and seconded by C/Li to direct staff to prepare a report to the PUSD concerning the Planning Commission's investigation of the acquisition of this site in accordance to Section 21151.2 of CEQA; and request the District to comply with land form grading techniques in compliance with the City's Hillside Management Ordinance, and to continue to work with the City concerning compliance with the City's development standards in the development of the school. , The Motion CARRIED 4-1 as follows: AYES: Grothe, Flamenbaum, VC/Plunk, and Chair/Meyer NOES: Li ABSTAIN: None ABSENT: None RECESS: Chair/Meyer recessed the meeting at 8:25 p.m. RECONVENED: Chair/Meyer reconvened the meeting at 8:32 p.m. C/Li explained that the reason he voted no on the motion regarding the Diamond Ranch High School was because he feels, since the District can proceed regardless off the Planning Commission's action, the matter could have been continued 30 days. He stated that he would also like to protect the City from being held responsible if a road is not built even though the student population exceeds 1,200. CONTINUED PUBLIC HEARING 3. Development Review No. 93-1 & Conditional Use. Permit No. 93-4 Property Location: 21671 E. Gateway Center Drive Applicant: Dr. Akbar Omar PT/Lungu reported that the applicant has submitted a grading plan to the City, which has been reviewed by the Engineering Department and Planning Division, that reflects changes to the proposed building and retaining wall. Staff has requested the applicant to submit a revised site plan, floor plan, and elevations reflecting the changes indicated in the grading plan, as well as a lighting plan Planning Commission Minutes - January 24, 1994 Page 6 of 12 and landscape/irrigation plan. It is recommended that the Planning Commission continue the public hearing to February 14, 1994. Chair/Meyer, noting that the City cannot make discretionary decisions with the absence of a General Plan; suggested that the matter either be tabled, or be continued to a date following the adoption of the General Plan. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. There being no one in the audience wishing to speak, Chair/Meyer returned the matter back to the Commission for consideration. Moved by C/Flamenbaum to. continue the matter to the first regular. Planning Commission meeting of June 1994. The motion died for lack of a second. CDD/DeStefano stated that the City has applied for an extension of time for the General Plan with the State Office of Planning and Research, which, if approved, would allow the City to process CUP's, Development Reviews, Variances, etc. that are consistent with the draft General Plan and the contemplated future General Plan. He suggested that, rather than continuing the project more than 30 to 45 days, staff would recommend that the item be tabled, allowing staff to work with the applicant, and renotice the project when it is ready for review. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to table Development Review No. 93-1 & Conditional Use Permit No. 93-4. 4. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance Applicant: The City of Diamond Bar Property Location: All property within the City limits of Diamond Bar CDD/DeStefano reported that the Planning Commission continued the public hearing on the Property Maintenance Ordinance (PMO) on December 13, 1993, in order for staff to further evaluate the PMO and compare the draft provisions with Los Angeles County Code Chapter 99, Sections 9901-9934, which was previously a component of the. City Code and was replaced in 1992 by the Uniform Housing Code (UHC) with the adoption of City Council Ordinance No. 3(1992). After reviewing each document, it is staff's recommendation that the Planning Commission consider a "blended" approach of the PMO, Chapter 99, and the UHC into one document. C/Flamenbaum noted that the recommendations made by the Planning Commission at the December 13, 1993 meeting have not been incorporated into the PMO. He expressed concern that the Planning Commission is being presented with three different documents to consider, which was initially Planning Commission Minutes - January 24, 1994 Paye 7 of 12 believed to have already been incorporated into the proposed ordinance first presented to the Commission. It appears that the Commission is moving backwards, not forwards in their review. C/Grothe concurred that the Planning Commission had directed staff to bring the ordinance back to the Planning Commission in a final version. C/Li concurred with C/Flamenbaum that the Planning Commission's direction - was not incorporated into the document. VC/Plunk stated that the matrix presented by staff was quite useful in review of the document. However, she concurred that it is time to move forward. Chair/Meyer declared the public hearing opened and invited those wishing to speak to come forward. Bob Zirbes, residing at 2141 Tierra Lorna Drive, stated that he, too, had thought that the final version of the PMO was to be presented to the Planning Commission this evening. He noted that the PMO would have to be in final form in order to accurately compare it with the other two documents, or for the City Attorney to accurately review it. He recommended that the document reviewed by the Planning Commission on December 13, 1993, incorporating the recommended changes, and the Subcommittees final draft document be brought back to the Commission, along with a comparison matrix of the two documents, as well as the City Attorney's comment on the documents. He suggested that the Commission also review the abatement procedures at the same meeting. Council Member Papen, residing at 1124 Cleghorn, pointed out that it is unlawful to describe what a public nuisance is, as indicated on the bottom of page 2, Nuisances, in the Comparison Matrix, the definitions on page 4 describing nuisances, and the definitions on the entire page 7 and 8 of the Subcommittee draft PMO. She then stated that the abatement procedures should include a section for the financially disabled. Frank Dursa, a resident, suggested that the item be tabled until after the adoption of the General Plan. Al Rumpella, residing at 23958 Golden Springs, concurred that the Subcommittee's PMO and the PMO presented to the Commission on December 13, 1993, incorporating the appropriate changes, should be compared and brought back for review. He also concurred with the suggestions made by the City Attorney to the enforcement policies, as well as the suggestion made to include a section addressing the financially disabled. There being no one else in the audience wishing to speak, Chair/Meyer closed the public hearing and returned the matter back to the Commission for consideration. Planning Commission Minutes - January 24, 1994 - Page 8 of 12 Chair/Meyer inquired if it were possible to amend the zoning ordinance without a General Plan. CDD/DeStefano explained that most likely OPR will not allow a zoning code amendment until a General Plan has been adopted. VC/Plunk suggested that the Commission begin review of the "Penalties" section. C/Grothe suggested that staff be directed to request the City Attorney to draft the Abatement Procedures, to be brought back to the Commission for review. C/Flamenbaum, in response to VC/Plunk's suggestion to make comments for the City Attorney's reference, suggested that the City Attorney review the minutes of the December 13, 1993 meeting, and the minutes of the meetings previous to that as a reference guide. VC/Plunk, preferring to make some suggestions, stated the following: each infraction should be a one step fine, as suggested by the District Attorney, so that the individual is not fined day after day for the same infraction; and mention imprisonment only if it purposely affects health and safety. ACA/Harper explained that the District Attorney's comment relating to a staging of penalties for subsequent violations refers to increasing the fine each time an infraction occurs, not considering each and every day a continuing violation. The District Attorneys comments made regarding criminal penalties is a recitation of the statutory definition of misdemeanors. He pointed out that cities do not impose jail time, judges do. VC/Plunk inquired where the conditions relating to financial or physical limitations is best located in the document. ACA/Harper suggested that those conditions would be best located in the Abatement Procedures. He then suggested that comments regarding the abatement procedures, or the PMO in general, be put in writing and submitted to staff for the City Attorney's review. Chair/Meyer noted that the consideration of the PMO was a result of an indication from the Code Enforcement Officer (CEO) that because Chapter 99 was not adopted, there were no code enforcement procedures. He suggested that, if there is a problem regarding property maintenance enforcement, perhaps the City Council should consider readopting Chapter 99 as an immediate solution, while continuing to work out the issues of the PMO. CDD/DeStefano, in response to VC/Plunk, stated that violations of the building Code is handled through the abatement process of the Building Code. VC/Plunk stated that, since the Commission has already done all this extensive Planning Commission Minutes - January 24, 1994 Page 9 of 12 review, it would be appropriate for the Commission to finish the review. Moved by C/Grothe and seconded by C/Flamenbaum to direct staff to draft a letter to the City Council recommending adoption of Chapter 99, on an interim basis if deemed appropriate, allowing the Commission time to continue review of the document; to continue the public hearing to the next meeting, directing staff to make all the modifications of the PMO, from the December 13, 1993 meeting and any comments made during this meeting and any submitted in writing; and to request the City Attorney to draft the abatement procedures for the next meeting. VC/Plunk inquired how readopting Chapter 99 will be effective. Dennis Tarango, the Building Official, referring to his memo dated January 17, 1994, stated that Chapter 99 adds provisions regarding substandard housing to the Uniform. Housing Code in relationship to values of surrounding properties. Al Flores, the CEO, pointed out that Chapter 99 does not address the issue of vehicles parked on the lawn, which is the vast number of complaints received. He suggested that the Planning Commission move forward since so'much time and effort has been given in preparing the PMO. VC/Plunk stated that it seems to be a lot of trouble and expense to adopt an interim ordinance for just four weeks. The Planning Commission concurred to split the motion into two motions. Moved by C/Grothe and seconded by C/Flamenbaum to direct staff to write a letter to the City Council suggesting that Chapter 99 be readopted if deemed appropriate. The Motion CARRIED 3-2 as follows: AYES: Grothe, Flamenbaum, and Chair/Meyer NOES: Li and VC/Plunk ABSTAIN: None ABSENT: None Moved by C/Grothe and seconded by C/Flamenbaum to continue the public hearing to the next meeting, and direct staff to modify the PMO as presented at the December 13, 1993 meeting, incorporating the comments made at the December 13, 1993 meeting, the comments made this evening, and any written comments received by the end of the week. The Motion CARRIED 5-0 as follows: AYES: Grothe, Flamenbaum, Li, VC/Plunk, and Chair/Meyer NOES: None Planning Commission Minutes • January 24, 1994 Page 10 of 72 ABSTAIN: None ABSENT: None VC/Plunk suggested setting a timeline to conclude the review of the PMO. She inquired if the Planning Commission is able to pass the document on to the City Council for their review. CDD/DeStefano, noting that it is doubtful that the City can make a zoning code amendments without a General Plan, suggested that staff be directed to work with the City Attorney in terms of the appropriate vehicle to bring this document back to the City Council The Planning Commission concurred to so direct staff. PUBLIC HEARINGS - None ANNOUNCEMENTS C/Flamenbaum reported that the City of Brea is proceeding with the Olinda Heights Specific Plan development. CDD/DeStefano stated that the City is preparing comments in response to the EIR for the Olinda Heights Specific Plan. VC/Plunk expressed her hopes that the perception in the community will change with the revision of the General Plan. Chair/Meyer stated that the chairmen of each City Commission, and his appointee, was chosen as non-voting members of the General Plan Advisory Committee (GPAC). He explained that he appointed C/Flamenbaum to the committee because he had participated in the original GPAC. He noted that the GPAC is extremely representative of the community, and it appears that the process will move forward in a timely manner. Chair/Meyer explained that he suggested to cancel the last Planning Commission meeting, scheduled January 12, 1994, because of a lack of items on the agenda. He then suggested that, since it is the beginning of the budgetary process, perhaps it would be appropriate if the Planning Commission developed a program of projects and policies considered to be important in the planning of this community, rand present those suggestions to the City Council for their review and direction. He suggested that the Commission's personal comments and goals should be prepared for the next meeting. CDD/DeStefano stated that any Commissioner planning to attend the Planning Commissioners Institute scheduled March 9 - 11, 1994, should notify staff as soon as possible. He reported that staff has distributed the final version of the Planning Commissioners Policy Manual to the Commission. Staff has also distributed the latest draft of the meeting matrix. Planning Commission Minutes - January 24, 1994 Page 11 of 12 Chair/Meyer reported that the East San Gabriel Planning Committee is meeting January 27, 1994. ADJOURNMENT Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 9:43 p.m. Respectively, James DeStefano Secretary Attest: David Meyer Chairman Planning Commission Minutes - January 24, 1994 Page 12 of 12 AGENDA ITEM N0. 2 X41 t1lDIZ,1,�'IU DATE: February 10, 1994 TO: Chairman and Planning Commissioners FROM: Robert Searcy, Associate Planner RE: PLANNED SIGN PROGRAM No. 94-1 Pursuant to the Sign Ordinance, all freestanding signs require approval by Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a nursery. The project is located on Golden Springs Dr. adjacent to the SR 60 freeway on the long undeveloped parcel south of the freeway and north of Golden Springs Dr. The parcel is between Banning Way and the Brea Canyon Road off -ramp. The nursery is in the C-3 Zone and is a land use allowed as a right of zone. The nursery is primarily a holding area where whole sale transactions take place. The nursery has not been approved for retail sales under the current approval. There are no structures on the site although there is a security 'fence surrounding the project. The sign for the use is a "V" structure sign proposed for a location on the Golden Springs Dr. frontage. The sign is proposed as an unilluminated sign displaying the business name and phone number. The sign will be constructed with 112" plywood supported by 2"X 4" frame on 4"X4" posts. The sign will be located approximately 10 ft. from the right-of-way on the front property line. No other signage is requested as a part of this request. Freeway oriented signs for this use are not allowed. Staff Recommendation: Staff recommends that the Planning Commission approve the freestanding sign at the location and size requested by the applicant. ATTACHMENTS: Application Site Plan Sign Plan CITY OF DIAMOND BAR pEFARTMENT OF PLANNING 21660R. Copley 'drive Suite 100 (714)396-5676 Paas (714)8614117 REQUEST FOR SIGN REVM.W Record Own611(8) Cut# -P Filed � 31 R Fes �_ Ir-CIV__� Recolpt 1- By / Applicant Applicant's Agent name Warren,, Artht.lr N_ 1:strade! End] lo Sl, ipri Chu (La►tham@ first) Address3218 E. Hoyt 14122 Don Julian 1370 Valley Vista Dr city West Covina , La Puente Diamond Aar Zip 91791_ 8174 `91766 Phona(818)_ SI -2251 (818) 3360990 009) 861-5025 CertifieatSons X, the undersigned, hereby cert -'#y under ponAlty of perjury that the informatd!on haxaln provided is correvt to the best of My knowledge. Printed Name Estrada, Emilio (Agent: Simon Chu) (A Licant or Apent) Dake (Appf�%'rig nt) Location Colaen srari r >3rea Canyon APN 48763 007- (Stf4dt eddrtts or tract anWlat number) 2oni.ne1 C– - HNM I1 l' 333 List number size and type of sign(s) rceclttraated. (Ltxamplec 2 8' x ')' Freestanding, doul)1a faced signs 6 £t. high 3' x 24' Wall sign) 0 4" Double £ aced _Signs 6 ft. ,h ) x'255 Length of 101: frontbcle(m), if freestanding or roof sign(s) If roof sign,, height of building N/A Length of building (epv-e occupied) frontage, if wall gig,) —14/A �. CONSENT? X oon,99tlt to the submission of tho 4pp1IcUtion accompanying this raquest:. , Signed /lrL Gy .{.' U Gz . �: ,?'7i2'.LL�vc_._^ ^ Date (atI rererord owners) O d7 rn O m co co 00 T- oo O E W d _MM `U L W c cu U Q S 0 4- C13 O V A (.�E.�)v (D \�U a ` fn N T VCD C O Q W o (0 4-0 n Q U EE 0 U+-- N 4- `. c�co 00 O �c o c �L LO V) v) � v �r e � ? R. AN C ror 4 w a �iL got M. r.SZ,ph �\ r rnN g o � � v �r e � ? R. AN C ror 4 w a �iL got M. r.SZ,ph �\ r PC RESOLUTION NO. 94 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM NO.' 941 ANDCATEGORICAL EXEMPTION (SECTION 15311), AN APPLICATION TO CONSTRUCT A 6 FT., 72 SQ. FT. FREESTANDING SIGN FOR A NURSERY LOCATED AT 208075 GOLDEN SPRINGS DR. AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Simon Chu acting as the agent for the applicant Emilio Estrada, 14122 Don Julian, La Puente, California 91746, has filed an application for a Planned Sign Program No. 94-1 for a wholesale nursery located at 20875 Golden Springs Dr., Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Re- solution, the subject Planned Sign Program application is referred to as "Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii). Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of California Government Code Section 65361. (iv) On February 14, 1994, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirement of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15311 of Article 19 of Title 14 of the California Code of Regulations. 3. Based upon the findings and. conclusions set forthherein, this Commission, in conformance with the objectives of the contemplated General Plan of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately on 1.27 acres developed with a wholesale nursery within the C -3 -BE (Unlimited Commercial, Billboard Exclusion) Zone. (b) Generally, to the north is the SR 60 freeway; to the south multi -family residential development, to the west is vacant extension of the subject site and an existing commercial office, and the eastern property is developed with commercial retail development. (c) The subject site for the project is adequately served by Golden Springs . Drive. (d) Substantial evidence exists, considering the record as a whole,. to determine that the project, as proposed and conditioned herein, is in conformance with the future General Plan. (e) This project is in compliance with the Sign Ordinance. (f) Approval of this project will not have an adverse impact on adjacent or adjoining residential or commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect the health or ,welfare of persons residing in the surrounding area. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2 and 3 and conditions set forth below in this Resolution, presented to the Planning Commission on February 14, 1994 and concluded at that public meeting as set forth above, the Commission, hereby finds and con- cludes as follows: (a) The project shall substantially conform to all plans dated February 14, 1994 as submitted to and approved by the Planning Commission. (b) The maximum height of the monument sign shall be six (6) feet with 72 sq. ft. of facia. (c) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. (d) It is hereby declared that and made a condition of this permit that if any condition hereof is violated; or if any law, statue, or ordinance is violated, the approval. may be revoked; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Simon Chu and Emilio Estrada at the addresses on file with the City. APPROVED AND ADOPTED THIS THE 14TH DAY OF FEBRUARY, 1994 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: David Meyer, Chairman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of February, 1994, by the following vote: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ATTEST: James DeStefano, Secretary City of Diamond Bar PLANNING COMMISSION Staff Report TO: Chairman and Planning Commissioners FROM: James DeStefano, Community Development Director -- SUBJECT: Draft Property Maintenance Ordinance DATE: February 11, 1994 Pursuant to direction received at the last Planning Commission meeting the staff has revised the Draft Property Maintenance Ordinance to reflect changes requested at the December 13, 1993 and January 24, 1994 meetings. Additions to the draft are shown in "redline" with deletions identified with "strikeout". Staff has provided the Interim City Attorney with a copy of the previously prepared abatement procedures for his review. Attached to this memorandum are copies of the latest draft PMO, draft abatement procedures, written comments on the previous abatement procedures received from Vice Chairwoman Plunk and a resolution recommending City Council approval of the PMO. attachments DRAFT 2/1/94 27 PAGES ORDINANCE NO. (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF.THE LOS ANGELES COUNT CODE BY ADDING A NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar -was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22 thereof, pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (ii) The Planning Commission of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, and has recommended the adoption of the Ordinance set forth below. (iii) The City Council of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, with respect to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in the Recitals, part A, of this Ordinance. Section 2. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Enviromental Ouality Act of 1970, as amended, and the Guidelines promulgated. thereunder pursuant to Section 15305 of Division 6 of Title 14 of 1 the California. Code of Regulations. Section 3. A new Chapter 22.54 is hereby added to Title 22 of the Los Angeles County Code to read, in words and figures, as follows: "Sections: "22.54.010 Purpose and Intent "The lack of property maintenance has been found to contribute to the deteriorationof residential, commercial and industrial properties including structures, landscaping and improvements thereon, and a resulting decline in property values within the City of Diamond Bar. Such deterioration has led to an overall decline of aesthetic quality within the City including the quality of the appearance of residential, commercial and industrial neighborhoods. Further, deteriorating conditions of property contribute to the creations of conditions adverse to the public health, safety and welfare. "Establishing property maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall condition of properties and structures in 2 _.!'Chapter 22.54 "PROPERTY MAINTENANCE STANDARDS "Parts: 1. Purpose and Intent 2. Definitions 3. Single -Family Standards 4. Multifamily Standards 5. Commercial Standards 6. Industrial Standards "Part 1 PURPOSE AND INTENT "Sections: "22.54.010 Purpose and Intent "The lack of property maintenance has been found to contribute to the deteriorationof residential, commercial and industrial properties including structures, landscaping and improvements thereon, and a resulting decline in property values within the City of Diamond Bar. Such deterioration has led to an overall decline of aesthetic quality within the City including the quality of the appearance of residential, commercial and industrial neighborhoods. Further, deteriorating conditions of property contribute to the creations of conditions adverse to the public health, safety and welfare. "Establishing property maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall condition of properties and structures in 2 the City of Diamond Bar, and will further serve to minimize the creation of conditions which pose a risk to the public health, safety and welfare. "It is the intent of the City Council of the City of Diamond Bar, in adopting this Ordinance, to be sensitive to the needs of financially 4" °€ &JIM5ftIM disadvantaged residents, while concurrently providing a useful property maintenance enforcement tool to be utilized when informal attempts to prevent or eliminate the conditions described herein have proven ineffective. "Part 2 'x'1' i ' MM :4ntte,ornaad8a#? xs a> Y... ..... ... nn..... ....... .:............:....................:...........:. a......e o o-............:.:.:::::::::::::::.::. � ..' 3"ix.::.:: > gin:. 3 ................ 'ORM n 3 * Rft », .... ':wwmw "Part ''SINGLE-FAMILY STANDARDS ''Sections: "22.54.C1'&48 Scope. "22.54.,. Storage --Front yard/side yard abutting a street. "22.54. p;849 Side yard, not abutting a street. "22.54.�i... Motor vehicle parking. "22.54.3868 Building maintenance. "22.54.€kfA7B Landscape maintenance. t022.54.�5g Fence and wall maintenance. "22.54.0,." SCOPE "The standards specified in Part 2 shall apply to all lots or parcels within the City designated as single- family, and shall govern over any inconsistent, less stringent provisions contained inythis Code. 22.54.19 Storage --Front yard/side yard abutting a street. "A. The entire front yard, and side yard visible from an adjacent street or sidewalk, shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. "B. Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle ,upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair shall be concluded within -- :-(-7} JW>< consecutive days of the commencement thereof. "C. Notwithstanding the provisions of subsections A and B of this section, a side yard abutting a street shall be treated the same as a rear yard so long as the side.yard abutting a street is screened from public view by an approved wall or fence. 6 1122.54.tli0846 storage --Side yard, not abutting a street "A. All storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers within side yards shall be screened from view from adjacent streets and sidewalks, and other public and private rights-of-way, by walls, fences, storage buildings and/or landscaping features which comply with all applicable codes including the City's Planning and Zoning Code. A pedestrian access way shall be maintained, within one side yard on a property. "B. All storage within the side yard shall be kept and maintained free of weeds, overgrown grass, debris, litter or any combination thereof. '122.54J,'"' Motor Vehicle Parking "A. All parking of motor vehicles, including recreational vehicles, on a single-family lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes including the City's Planning and Zoning Code, within the front yard or side yard abutting a street, or within the side yard or rear yard, if screened 7 ,from public view. If parked in a side yard, a pedestrian access way shall be maintained on one side yard. "B. No person shall park or store any vehicle, trailer or related equipment used for commercial purposes upon any single-family lot or parcel except commercial automobiles, pickup f: trucks, panel delivery trucks and station wagons which do not exceed a gross weight of three tons (unladen) and, provided that no more than two such vehicles may be parked on any such lot or parcel. 1122.54.1?966$ Building Maintenance "All buildings, structures and paved areas within any lot .or parcel designated as single-family shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions, ited te, the -- 7, 8 sieving materials, inelttdiRg, but --Ret lialted te, dry ram termite-infestatien, dented er-rust=ng sidinej, breken er , 8 €aeil}ties ander fixtures, giro stru-.tural members, ineluding, but= net limijea-to, headers, sliis, beams, eaves, deerways, deerjambs and similar struetural er arehiteetural elements-. "22.54.1£t" Landscape maintenance "All landscaped areas within any lot or parcel designated as single-family shall.be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. 9 1122.54."#"0 "0 Pence and wall msintenance "A. All fences and walls upon any lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and the general public. All such fences and walls shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated conditions, including, but not limited to, the following: "1. Sagging, broken, rotted or defective support posts or other structural or decorative member; 112.. Missing cr Flee- fence boards; 113. Damaged or missing blocks from a block wall. 114. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; 115. Chain link fence material which is damaged or broken. "B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in any such style, so as to be aesthetically similar to other fences,and/or walls located on the same property." 10 "Part A-4 "MULTIFAMILY STANDARDS "Sections: "22.54. Z Q.___ Scope. 22.54..­.�:1 11, Storage -Yards "22.54.3,49 471-G Storage -Garages and carports 1122.54.1-.�xl;O Motor vehicle parking 1122.54. GO43() Building maintenance 54. 22 +4 Landscape maintenance "22.54.83§6 'IMFence and wall maintenance "22.54.468 Maintenance of parking and similar areas "22.54.110" Scope "The standards specified in Part 4 shall apply to all lots or parcels within the City designated as. single family, and shall govern over any inconsistent, less stringent provisions contained in this code. 1122.54., Storage --Yards "A. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of,all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, I discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, trash and debris shall only be kept within approved trash enclosure(s). 11B. "Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle 11 upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair shall be concluded within __ . _�. t ', tL#, consecutive da Ys of the commencement thereof. 122.54.1E storage --Garage and carports "No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, inoperative motor vehicles, camper shell not mounted on motor vehicles or boats and trailers shall be permitted within any garage or carport so as to restrict the parking of an operative motor vehicle. in the required parking spaces. 1122.54.';2$ Motor vehicle parking "A. All parking of motor vehicles on a multifamily lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes including the City's Planning and Zoning Code.' "B. No person shall park or store any vehicle, trailer or related equipment used for commercial purposes upon any lot or parcel for a period not to exceed seventy two (72) hours except commercial automobiles, pickup trucks, panel delivery trucks and station wagons which do not exceed a gross weight of three (3) tons unladen." KEI "22.54.#" Building maintenance "All buildings, structures and paved areas within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the. health, safety and welfare of the user, occupant and general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions, ineluding, but net limited te, the- re„ _ ,,A. Faulty, sagging er leaking. reef -sl 11B. Substantial areas ef deterierated building siding materials, ln6ludinq, but net limited te, dL-y , termite-in€estatien, dented er rusting siding, b=ejeen•e- 11G. Breleen er missing windeifs,- 11D. inadequate site drainage and er staneling water adjaeent te-building €eundatiens; €aeiiities-and er fixtures; "F. Breken er missing feundatieR; sagging-strueteral members, ineluding, but net limited te, headers, sills, beams, eaves, 0199�-ways, deerjambs and S=iai=a=—struetu a- er arehiteetur-al elements." 13 "22.54.:.34-g Landscape maintenance "All landscaped areas within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds-, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. 2 2. 54. ,,-A,Fence and wall maintenance . "A. All fences and walls upon any lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as I not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and the general public. All such .fences and walls shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated conditions, including, but not limited to, the following: Ell Ill. Sagging, broken, rotted or defective support posts or other.structural or decorative member; 112. Missing er bieken fence boards; "3. Damaged or missing blocks from a block wall. "4. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; "5. Chain link fence material which is damaged or broken. "B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in any such style, so as to be aesthetically similar to other fences and/or walls located on the same property. 1122.54." Maintenance of parking and similar areas "All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as mutifamily shall be kept and maintained so as not to detract from the appearance of the immediate neighborhood and to protect the health; safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become 15 faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below." "Part .4 "COMMERCIAL STANDARDS "Sections: "22.54 -1,bb 0 Scope. "22.54.. 3Sg Storage in yards. 1122.54.62 Motor vehicle parking. 22.54.Q�69 Building maintenance. 22.54.}g Landscape maintenance. 122.54.sFence and wall maintenance 1122.54... Maintenance of parking and similar areas. "22.54... tE3�8 Scope. "The standards specified in Part 5 shall apply to all lots or parcels within the City designated as commercial, and shall govern over any inconsistent, less stringent provisions contained in this Code. 1122.54.t33�g Storage in yards. "All storage within yard areas approved by the City or permitted by the zoning ordinance shall.be maintained ina neat and orderly fashion and shall contain only.items and/or vehicles incidental to the business, or owned by the business or owner of the business. "22.54.:.38 Motor vehicle parking "All parking of motor vehicles on a commercial lot or parcel shall occur upon a paved parking area which is in 16 compliance with all applicable codes including the City's Planning and Zoning Code. 1122.54.af;9 Building Maintenance "All buildings, structures and paved areas within any lot or parcel designated as single-family shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. ineluding, but stet llmlted te, t1te— fellewingi "A. yaultY, "B. Substantia! sagging areas or leaking of deterierated reefs; building siding materials, ineluding, but net limited te, dry , termiteinfestatien, dented er rusting siding, brejeen er materials; 11D. inadequate site drainage and er standing water adjaeentte building €ett�teaBie�ts; Ineperable sianitary and plumbing €ae} ltles and er €imtu=es; "F. Bredeen er missing €eundatien; 11G• Struetural defeets sueh as w arped, beifed er sagging struetural-members, lneluding, but net llm}ted te, 17 beams Ijambs and- czZll{CITCTr 1122.54. 4t1;a� Landscape maintenance "All landscaped areas within any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. "22.54.2 220 Fence and wall maintenance "A. All fences and walls upon any lot or parcel designated as commercial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and the general public. All such . fences and walls shall be deemed substandard and in violation of this section when any or all of the same 18 display evidence of dilapidated conditions, including, but not limited to, the following: "1. Sagging, broken, rotted or defective support posts or other structural or decorative member; 112. Missing eirbreicen fence boards; 01.3. Damaged or missing blocks from a block wall. 114. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas.; 115. Chain link -fence material which is damaged or broken. "B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in any such style, so as to be aesthetically similar to other fences and/or walls located on the same property. 1122.54.36 Maintenance of parking and similar areas "All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as commercial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, 19 pavement . striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be I effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water• through such areas into the ground below. "Part -5, Industrial Standards "Sections: "22.54.23; 48 Scope. "22.54.Storage in yards. 1122. Motor vehicle parking. Building maintanance. 22.54.Landscape maintenance. "22.54.19@ Fence and wall maintenance. 1122.54A: Maintenance of parking and similar areas 1022.54. W-5 "The standards specified in Part 6 shall apply to all lots or parcels within the city designated as industrial, and shall govern over any inconsistent, less stringent provisions contained in this code.. 2 2. 5 4. R# Storage in yards "All storage within yard areas approved by the City or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. "22.54.68 Motor vehicle parking "All parking of motor vehicles on an industrial 20 lot or parcel shall occur upon a paved area which is in compliance with all applicible codes including the City's Planning and Zoning Code. "22.54.!ft'49 Building Maintenance "All buildings, structures and paved areas within any lot or parcel designated as industrial shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. ineleding, bet net limited te, he F...'t '1,- "A. Faulty, sagging er ieaking reef -sl siding / / but net limited / / termite in€estatien, dented er resting siding, '---..,_.,_ er 3ssiAg peiees—a€ stueee-er ether siding materials; Ile. Breken er missing windews,- adjaseAt / fEieilities and er fixtures, 'IF. Braken—er missing €eundatlen;— "G. stru6tural de€eets sueh as warmed— wed ar 21 / 1 sills,sagging st 1 / siiitllar- truetur-a er 1 "22.54.€8e Landscape maintenance "All landscaped areas within any lot or parcel designated as industrial shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of ;:seds; debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good. working condition to prevent public health hazards. 1122.54.Fence and wall maintenance "A. All fences and walls upon any lot or parcel designated as industrial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and the general public. All such fences and walls shall be deemed substandard and in violation of this section when any or all of the same 22 display evidence of dilapidated conditions, including, but not limited to, the following: 111. Sagging, broken, rotted or defective support posts or, other structural or decorative member; 112. Missing er broken fence boards; 113. Damaged or missing blocks from a block wall. 114. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; 115. Chain link fence material which is damaged or broken. "S.. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in any such style, so as to be aesthetically similar to other fences and/or walls located on the same property. °22.54.00398 Maintenance of parking and similar areas "All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as industrial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, 23 pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. 24 8EeTION 4. Penalties er eer-geratien to v}elate a ev s en e;: to fall to eempl, with any e€ the regttirements Ghapter aelepted hereby. eer-geratlen vleiat4ng Ghapter-adegted hereby e€ Any anyr-ev*sieFi er this ^wain__ee / firm, e€ partnership, this _r the Orli anee er e their requirements and then eenvietien emee,.;a{.., ofte me....,.....nd shall be deemed theree€ shall Dalt... "Il}.. he punished /cl nnn of nn\ a raisdemeaner by a by fine net .1sefment net emeeeding (6) l er by beth stieh fine and }mpr}senment. ---_---_-a-shall be Baeh saeh persen, a�es�cctilty firm, €irn�artnership;-s- ef a separate -affem-r—f ee eemmitted, eentinued-er permitted by sueh-persen, firm; partnership, er eerperatien, as permitting eenduet at lawn S. The Ardtftanee shall the Gity thr6ug eiy and net preseribed Givi! remedies st tutu .nulissame-e-„a 7 nreeess shall herein available. by means be deemed ' of restraining punishable and shall be abated net by 25 SECTION -«.4 Severabilit The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court Of competent jurisdiciton, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 7 § The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to Resolution No. 89-6. 26 1994. ADOPTED AND APPROVED THIS DAY OF Mayor I, LYNDA BURGESS, 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 day of 199"A" - and was finally passed at a regular meeting of the City Council. PROPERTY MAINTENANCE ORDINANCE DRAFT ABATEMENT PROCEDURES Reprinted 2/11/94 Sections: 1. Procedures for Abatement of Public Nuisances 2. Appeals 3. Abatement of Public Nuisance by the City 4. Abatement of Imminently Dangerous Public Nuisance 5. Account of Abatement Costs 6. Procedure for Special Assessment 7. Hearing on Proposed Assessment Abatement. 8. Contest of Assessment 9. Notice of Lien 10. Procedures for Collection with Regular Taxes 11. Remedies of Private Parties 12. Right of Entry 13. Continuing Violations 14. Penalty for Violation 15. Injunction 1. Procedures for abatement of Public nuisances Whenever the Code Enforcement Official has inspected or caused to be inspected any property and has determined that an unlawful condition constituting,a public nuisance exists thereon, the Code Enforcement Official may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in this ordinance may be used by the Code Enforcement Official. (A) HEARING NOTICE 1. Where the Code Enforcement official finds that the nuisance exists, he shall give not less than seven days, written notice of the hearing to determine whether a nuisance exists to the owner(s), agent, lessee, occupant or person(s) in possession of the affected properties as shown on the latest equalized tax assessment role by.mailing the same to the owner's address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice. 2. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. 3. The notice and order of abatement shall be served on every party by regular mail; however, the failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter. (B) CONDUCT 1. The hearing to -determine whether a -nuisance exists shall be conducted by the City Manager or his duly authorized' representative, who shall act as the Hearing Officer. The Hearing Officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). 2. At the hearing, the Hearing officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any. interested person a reasonable opportunity to be heard in conjunction therewith. All witnesses are subject to cross examination. Based upon the evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists. (3). The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this chapter. (C) ORDER OF ABATEMENT The Hearing Officer shall, within five working days of the hearing, give a copy of the written notice of his decision by regular mail to the owner(s) and a copy to any other person requesting the same. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner(s) of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement. (See exhibit A) (D) EXTENSION OF TIME TO PERFORM WORK. Upon receipt of a written request from any person required to comply with the notice and order, the Code Enforcement Official may grant an extension of time within which to complete the abatement, if the Code Enforcement Official determines that such an extension of time will not create a situation imminently dangerous to life or property. The Code Enforcement Official shall have the authority to place reasonable conditions on any such extension. "NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER(S), AGENT OF THE OWNER(S), LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: The building, structure, improvement, or property which is the subject of this notice is situated in the City of Diamond Bar, Los Angeles County, California, on premises described as LOT_, BLOCK _, TRACT _, and commonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the City of Diamond Bar, California on file in the office of the City Clerk in the City Hall. Pursuant to the provisions of , you are hereby notified that the violations consist of (DESCRIPTION OF UNLAWFUL CONDITIONS You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION OF ACTIONS NECESSARY (TO ABATE UNLAWFUL CONDITIONS) Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice and order, and thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right- of-way or sidewalk is to be cleaned or otherwise protected. You are advised that any person(s) holding record title or having any interest in the property may appeal from this notice and order, or any determination of the Hearing Officer to the City Planning Commission within ten days from the date of service of this notice and order. Written notice of such appeal must be filed in the office of the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. If no appeal is filed within the time prescribed, the determination of the Hearing Officer shall be final. You are further advised that this notice and order may be recorded against the property in the Office of the County Recorder. DATED: This day of 19_. Hearing Officer Exhibit A Appeals. Within ten days after the date of service of the notice and order described above, the owner(s), agent of the owner, lessee, occupant, or person in possession of the property who may have been served with a notice and order, or any person interested in the property affected by such notice and order,__may _ appeal to the Planning Commission as to the requirements of such notice and order. Such appeals shall be in writing, shall state the objections of the person filing the appeal, shall be filed with the Planning Commission Secretary within the time specified herein, and shall be presented to the Planning Commission by the Planning Commission Secretary at its next regular meeting. The Planning Commission shall thereupon proceed to hear and act upon the appeal. The Planning Commission shall, by resolution, determine whether the Code Enforcement Official shall proceed in accordance with the notice and order as given, or as modified by the Planning Commission, or not at all, and its decision thereon shall be final and conclusive. The hearing may be continued by the Planning Commission from time to time as it deems necessary. Limitation of filing judicial action. Any owner(s) or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the Planning Commission in ordering the abatement of any public nuisance under the provisions of this Chapter must bring an action to contest such decision within thirty days after the date of such decision of the Planning Commission. Otherwise, all objections to such decision shall be deemed waived. 3. Abatement of Public nuisances by the city .(A) If the owner(s), agent of the owner, lessee, occupant, or person in possession of the property who may be served with a notice and order shall fail to take action as required by the notice and order within the time therein specified, or as extended by the Planning Commission, and in accordance with the provisions of this Chapter, the Code Enforcement Official shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the Code Enforcement Official, be performed by city forces or by a private contractor engaged by the city pursuant.to the provisions of this code. (C) Notwithstanding compliance with the notice and order, the owner(s), and any other persons having an interest in the property described in the notice, shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in an appropriate court in the same manner that abatement costs are recovered pursuant to this Chapter. 4. 'Abatement of imminently dangerous public nuisances. Whenever the City Manager or his duly authorized representative determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the Code Enforcement Official shall notify all appropriate public safety agencies and implement the following procedures: (A) Notice. The Code Enforcement Official shall attempt to make contact through a personal interview, or by telephone, with the owner(s) of the property or the person, .if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the Code Enforcement Official shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. (B) Abatement. If the Code Enforcement Official is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement Official, do not take action within such time as may be.specified by such official, then the Code Enforcement Official may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of City forces or a contractor engaged pursuant to the provisions of this Code. 5. Account of abatement costs. (A) The Code Enforcement Official, in conjunction with the finance director, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the city arising as a consequence of the public nuisance, clerical and administrative cost, and procedures associated with collecting moneys due hereunder. (B) Upon completion of the abatement work, the Code Enforcement Official shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to this Chapter. Any such report may include costs on any number of properties, whether or not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the Planning Commission Secretary. 6. Procedure for special assessment (A) Hearing Notice. Within ten days after the filing of the report referred to herein, the Planning Commission Secretary shall fix a time and place for hearing and passing upon the report. The Planning Commission Secretary shall cause notice of the proposed assessment, as set forth in the report, to be given to the owner(s) in the manner specified herein. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the Planning Commission will hear and pass upon the report, together with any objections or protests which may be raised by any persons liable to be assessed for the costs of such abatement. Notice of the hearing shall be given not less than fifteen (15) days prior to time fixed by the Planning Commission Secretary for the hearing, and shall also be published once, at least fifteen days prior to the date of the hearing, in a newspaper of general circulation published in the county. (B) Protests. Any interested person may file a written protest with the Planning Commission Secretary at any time prior to the time set for the hearing on the report of the Code Enforcement Official. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The Planning Commission Secretary shall endorse on every such protest the date and time of filing, and shall present such protest to the Planning Commission at the time set for hearing. 7. Hearing on proposed sOecial assessment Upon the day and hour fixed for the hearing, the Planning Commission shall consider the report of the Code Enforcement Official, together with any protests which have been filed with the Planning Commission secretary. The Planning Commission may make such revisions, corrections, 'or modifications in the report as it may deem just, and when the Planning Commission is satisfied with the correctness of the assessment, the report and the proposed assessment, as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the Planning Commission on the report and the assessment and on all protests shall be final and conclusive. The Planning Commission may continue the hearing from time to time as it deems necessary. 8. Contest of special assessment The validity of any assessment levied under the provisions of this Chapter shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty days after the assessment is confirmed by resolution of the Planning Commission. Notice of lien --- Form and contents (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission, the finance director shall execute and file in the office of the Los Angeles County Recorder a certificate in substantially the following form: (see Exhibit B) "NOTICE OF LIEN Pursuant to the authority vested in the Code Enforcement Official by the Provisions of of the Diamond Bar Municipal Code, on or about the _day of 19_, abated the public nuisance upon the real property commonly ]mown as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of $ , and this amount shall be a lien upon the real property until the sum of $ , with interest at the rate of six percent (6%) per annum from , 19_, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIP'T'ION) Dated: this day of 19_ FINANCE DIRECTOR, CITY OF DIAMOND BAR (ACKNOWLEDGEMENT)" Exhibit B (B) Recordation. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. lo. Procedures for collection with re lar taxes (A) Assessment Book. After recording, the Finance Director shall deliver the notice of lien to the auditor of Los Angeles County, who shall enter the amount -on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property/ (B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement of city taxes are made applicable to such assessment. (C) Refunds. The Planning Commission may order a refund of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the Planning Commission Secretary within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person. 11. Remedies of private parties The provisions of this Chapter shall in no manner adversely affect the right of the owner(s), lessee, or occupant of any such property to recover all costs and expenses imposed by this Chapter from any person responsible for creating or maintaining the public nuisance. 12. Right of entry (A) Shall be governed by all applicable State and Federal law. (B) It shall be unlawful for any person(s), including an owner(s), agent of the owner(s), lessee or anyone in possession of any property within the City to refuse to allow the Code Enforcement Official, or a contractor engaged by the city, consistent with this ordinance, to enter upon the property at any time during the hours of daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the Code Enforcement Official, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this Chapter. 13. continuing violations It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly. 14. Penalty for violation No person shall violate or fail to comply with any provision or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor. However, any provision of this Code may be prosecuted as an infraction at the discretion of the Prosecuting Attorney. 15. Injunction The provisions of this Chapter may be enforced by an injunction issued by any court having jurisdiction over the suit or the owner(s) or occupant of any real property affected by such violations or prospective violation." Severability. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, 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 section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. C:\WP51\RESOLUTI\ABATEMN2 ABATEMENT PROCEDURES Sections: 1. Procedures for Abatement of Public Nuisances 2. Appeals 3. Abatement of Public Nuisance by the City. 4. Abatement of Imminently Dangerous Public Nuisance 5. Account of Abatement Costs 6. Procedure for Special Assessment 7. Hearing on Proposed Assessment Abatement. 8. Contest of Assessment 9. Notice of Lien 10. Procedures for Collection with Regular Taxes 11 Remedies of Private Parties 12. Right of Entry 13. Continuing Violations 14. Penalty for Violation 7 + 15. Injunction AT, . 1. Procedure's for abatement of Public nuisances Whenever the Code Enforcement Official has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance exists thereon, the Code Enforcement Official may use the procedures..set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in this ordinance may be used by the Code Enforcement official. (A} HEARING NOTICE Tf..•.. ' t 1. Where the Code Enforce ent Official finds that the nuisance exists, he shall give not less than seven days' written notice of the hearing to determine whether a nuisance exists to the owner(s), agent, lessee, occupant or person(s) in possession of the affected properties as shown on the latest equalized tax assessment role by mailing the same to the owner's address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice. 2. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. 1 DRAFT 7 . .3•. The notice and order of abatement shall he served on every party by regular mail; however, the failure of any erson.to receive a notice shall not affect the validity.of � :,any proceedings under this chapter. 0,6 (B) CONDUCT 1. The hearing to determine whether a nuisance exists shall be conducted by the City 'Manager orchis duly authorized representative,twho shall act as the Hearing Officer. The Hearing Officer is authorized to take testimony and in the nurse of so doing is 'authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). 2. At the hearing, the Nearing Officer shall consider uJ all relevant evidence, including but not limited to applicable r�staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. V All,-. itnesses are.subject to -cross examination., Based upon the evidence so presented, the Hearing Officer shall determine whether a'nuisance within the meaning of this chapter exists. (3) . The iiecis— i�5ri`o�the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this chapter. Y (C) ORDER OF ABATEMENT The Hearing Officer shall, within five working days of the hearing, give a copy of the written notice of his decision by -regular mail -to the*:owner(s)?and a copy to any other. person a` requesting the same. The decision shall contain an order of v abatement, if a nuisance is determined to .exist, directed to 1� the owner(s) of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement. (see exhibit A) (D) EXTENSION OF TIME TO PERFORM WORK..` Upon receipt of a written request from any person required to comply with the notice and order, -the Code Enforcement Official may grant an extension of time within which to complete the abatement, if the Code Enforcement official determines that such an extension of time will not create a situation imminently dangerous to life -or property. The Code. Enforcement Official shall have the authority to place reasonable; conditions on any such extension. "NOTICE AND ORDER TO ABATE A PUBLIC TO THE OWNER(S), AGENT OF THE OWNER(S), LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: The building, structure, improvement, or property which is the subject of this notice is situated in the City )f Diamond Bar, Los Angeles County, California, on premises described as LOT , BLOCK TRACT _, and :ommonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the City of Diamond Bar, California on file in the office of the City Clerk in the City Hall. Pursuant to the provisions of , you are hereby notified that the -Violations consist of (DESCRIPTION OF UNLAWFUL CONDITIONS) You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION OF ACTIONS NECESSARY (TO ABATE UNLAWFUL CONDITIONS) . . Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice ,nd order, and thereafter you must maintain the property free of any of the unlawful conditions described above. It your responsibility to obtain all appropriate permits and t'o dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fail to complete such work within the time hereinabgv e. mentioned, the undersigned shall c—e the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right- of-way or sidewalk is to be cleaned or otherwise protected. You are advised that any person(s) holding record title or having any interest -in the property ay appeal from this notice an r any determination of the Hearing Officer to the City'Planning Commissionwithin ten days from the ate of service f this notice and order. Written notice of such appeal must be filed in 11ie office of the Planning Commas an, in the City Hall at 21865 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. If no appeal is filed within the time prescribed, the determination of the Hearing Officer shall be final. You are further advised that this notice and order may be recorded against the property in the Office of thp_ County Recorder. DATED: This day of 19_. Hearing Officer l a �•" "Cry -� Exhibit A Appeals. Within ten days after the date of service of the notice and order ascribed above, the owner(s), agent of the owner, lessee, occupant, or arson in possession of the property who may have been served with a Mice and order, or any person interested in the property affected by such Dtice and order, may appeal to the Planning Commission as =_quirements of such notice and order. to the Such appeals shall be in writing, call state the objections of the person filing the appeal,. shall be filed ith the Planning Commission Secretary within the time specified herein, nd shall be presented to the Planning' Commission by the Planning ommission Secretary at its next regular meeting. The Planning Commission hall thereupon proceed to hear and act upon the appeal. The Planning onmission shall, by resolution, determine whether 'the Code Enforcement fficial shall proceed in accordance with the notice and order as given, or s modified by the Planning Commission, or not at all, and its decision .hereon shall be final and conclusive. The hearing may be continued by the ,lanning Commission from time to time as it deems necessary. Limitation -of filing judicial action. Any owner(s) or other .nterested person having any objections or feeling aggrieved at any )roceeding taken on appeal by the Planning Commission in ordering the abatement of any public nuisance under the provisions of this Chapter must ging an action to contest such decision within thirty days after the date )f such decisio�' of� ;re -p Commission. Otherwise, all objections to such deoision X11 deeWdw iveTPU d. 3. Abatemen public nuisances by the city. �_.ntO�, (A) If the.owner(s), agent of the owner, lessee, -occupant, or person in possession of the property who.may be served with a notice and order shall fail to take action as required by.the notice and order within the time therein specified., or as extended by the Planning Commission, and in accordance with the provisions of this Chapter, the Code -Enforcement official shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the Code Enforcement Official, be performed by•city forces or by a private contractor engaged by the city pursuant to the provisions of this code. (C) Notwithstanding compliance with the notice and order, the _)wner(s),- and any other persons having an interest in the property described in the notice, shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in an appropriate court in the same manner that abatement costs are recovered Pursuant to this Chapter. 1'� Abatement of imminently dangerous public nuisances Whenever the City Manager or his duly authorized representative :termines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the Code Enforcement Official shall notify all appropriate public safety agencies and implement the following procedures: (A) Notice. The Code Enforcement Official shall attempt to make contact through a personal interview, or, by telephone, with the owner(s) of the property or the person, if any, occupying or otherwise in real or apparent charge and'control thereof. In the event such contact is made, the Code Enforcement Official shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. (B) .Abatement. If the Code Enforcement Official is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement Official, do not take action within such time as may be specified by such official, then the Code Enforcement Official may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of City 'fpe or a contractor engaged pursuant to the provisions of this Co Account of abatement costs. (A) . The Code Enforcement Official, in conjunction with -the finance irector, shall keep an itemized account of all costs incurred by the city ..n the abatement of any public nuisance under this chapter. such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead; fees for experts or consultants, legal costs or expenses, including attorney's fees, claims' against the. city arising as a consequence of the public nuisance, clerical and administrative cost,.and procedures associated with collecting moneys due hereunder. �n (B) Upon completion of the abatement work, the Code Enforcement official shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to this Chapter. Any such report may include costs on any number of properties, whether or•not contiguous to each other, and .whether or not under the same ownership. The report shall be filed with the Planning Commission Secretary. Procedure for special assessment (A) Hearing Notice. Within ten days after the filing of the report ferred to herein, the Planning Commission Secretary shall fix a time and ace for hearing and passing upon the report. The Planning Commission cretary shall cause notice of the proposed assessment, as set .forth. _in e report,-- to be given to the owner(s) in the manner specified herein. .ch notice shall contain a description of the property sufficient to .able the persons served to identify it, and shall specify the day, hour, Ld place when the Planning Commission will hear and pass upon the report, )gather with any objections or protests which may be raised by any persons. .able to be assessed for the costs' of such abatement. Notice of the caring shall be given not less than fifteen (15) days prior to time fixed 7 the Planning Commission Secretary for the hearing, and shall also be iblished once, at least fifteen days prior to the date of the hearing, in newspaper of general circulation published in the county. (B) Protests. Any interested person may file a written protest with ae Planning Commission Secretary at any time prior to the time set for the taring on the report of the Code Enforcement Official. Each such protest hall contain a description of the property in which the person signing the rotest is interested and the grounds. of such protest. The Planning ommission Secretary shall endorse on every such protest the date and time 9 f filing, and shall present such protest to the Planning Commission at the ime set for hearing. Hearing on proposed special assessment Upon the day and hour fixed for the hearing, the Planning Commission ;hall consider the report of the Code Enf orcement. Official, together with my protests which have been filed with the Planning Commission Secretary. Che Planning Commission -may make such revisions, corrections, or modifications 'in the report as it may deem just, and when the Planning =o:nmission is satisfied with the correctness of the assessment, the report and the proposed assessment, as submitted, or as revised, corrected, or nodified, shall be 'confirmed by resolution. The decision of the Planning Commission on the report and the assessment and on all protests.shall be final and conclusive. The Planning Commission may continue the hearing from time to time as it deems necessary. i 8. Contest of special assessment.-' The validity of any assessment levied under the provisions of this :apter shall not be contested in any ation or proceeding unless such action or proceeding is commenced within Phirty days after the assessment is confirmed by resolution of he Planninu-commission. Notice of lien --- Form and contents (A) Notice'of Lien. Immediately upon confirmation of the assessment oy the Planning Commission, the finance director shall execute and file in :.he office of the Los Angeles County Recorder a certificate in substantially the following form: c( -see Exhibit B) "NOTICE OF LIEN Pursuant to the authority vested in the Code Enforcement Official by the Provisions. of of the Diamond Bar Municipal Code, on or about the _day of 19_, abated the public nuisance upon the real property commonly known as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of S , and this amount shall be a lien upon the real property until the sum of $ , with interest at the rate of six percent (6%) per annum <,`om , 19has been paid in full and discharged of record. The real property herein before mentioned, and upon which alien is claimed, is that certain parcel of land he City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this day of 19_ FINANCE DIRECTOR, CITY OF DIATNIOND BAR (ACKNOWLEDGEMENT)" Exhibit B 7 DRAFT (B) Recordation. Immediately upon the recording of the notice of lien the assess;qent shall constitute a.lien on the.real property assessed. 10. Procedures for collection with re lar taxes (A) Assessment Book. After recording, the Finance Director shall deliver the notice of lien to the auditor of Los Angeles County, who shall enter the amount on the county assessment book opposite the description of the particular property, and the. amount shall be collected together with all other taxes against the property/ (B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement of city taxes are made applicable to such assessment. (C) Refunds. The Planning Commission may order a refund -of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a.claim is filed with the Planning ^onmission Secretary within six months after the assessment became due and ?yable. The claim shall be verified by -the person who paid the assessnent,.or the legal representative of such person. () 11. Remedies of Private parties The provisions of this Chapter shall in no manner adversely affect the right of the owner(s), lessee, or occupant of any such property to recover all costs and expenses imposed by this. Chapter from any person responsible for creating or maintaining the public nuisance. 12. Right of entry (A) .Sha1.1 be.governed by all applicable State and Federal law. (B) It shall be unlawful for any person(s), including an owner(s), agent of the owner(s), lessee or anyone in possession of any property within the City to refuse to allow the Code Enforcement Official, or a contractor engaged by the city, consistent with this ordinance, to enter upon the property at any time during the hours of daylight for the purpose �of the abatement -of a public nuisance or to obstruct, impede or interfere in any manner with the Code Enforcement Official, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this Chapter. 0 ..8 - YDRAM i.,. ContinuincT violations. It shall constitute a new and separate offense for each and every c during any portion of which a violation of, or failure to comply with, provision or requirement of this Code is committed, continued, or permitt by any person and shall be punished accordingly. 14. Penalty for violation . No person shall violate or fail to comply with any provision requirement of this Code. Any person who shall violate or fail to cam, with any provision or requirement of this Code shall be guilty of misdemeanor. However, any provision of this Code may be prosecuted as infraction at the discretion of the Prosecuting Attorney. 15. Injunction The provisions of this Chapter may be enforced by an injunction iss- by any court having jurisdiction -over the suit or the owner(s).or o- �)f any real property affected by such violationsr'. :prospective violatio Severability. If any *section, subsection,'subdivision, senten clause or phrase of this ordinance is for any reason held to unconstitutional or otherwise invalid, such decision .shall not affect validity of the remaining portions of this ordinance. ,The City Coun hereby declares that it would have passed this ordinance and each secti subsection, subdivision, sentence, clause and phrase thereof, irrespect of the fact that any one or more' sections, subsections, subdivisio sentences, clauses or phrases be declared unconstitutional. F'I'YPSI%WOR.XIORIMIABATEL', T.PRO CANVP51UZFSOLVnUBATF_ 4,M . D.RAn RESOLUTION NO. 94 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT AN ORDINANCE WHICH ESTABLISHES A PROPERTY MAINTENANCE ORDINANCE (CASE NO. ZCA 93-3) A. Recitals. (i) The City of Diamond Bar has determined that existing County Codes applicable to the Property Maintenance Standards within the City of Diamond Bar fail to provide standards suitable and appropriate for the City. (ii) The City Council has charged the Planning Commission with development of a Property Maintenance Ordinance which constitute and establish standards for the City which satisfy the aspirations and expectations of. Diamond Bar. (iii) The Planning Commission has reviewed the proposed Property Maintenance Ordinance at public hearings held October 11, 1993, December 13, 1993, January 24, 1994 and February 8, 1994. The Commission has duly considered public testimony presented at the hearing, as well as technical analysis provided by City Staff. (iv) The Planning Commission, after due consideration of public testimony, staff analysis and the Commissionfs deliberations has determined that the Property Maintenance Ordinance attached hereto as Exhibit "A": and incorporated by reference into this Resolution satisfy and 1 exemplify the goals and needs of the community. The Planning Commission has duly considered the issues related to property maintenance so as to provide maximum benefit and minimum detriment to the community. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. BE IT RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. In all respects as set forth in paragraph A, Recitals, as set forth hereinabove. 2. The Planning Commission hereby recommends that the City Council adopt the Property Maintenance Ordinance for the City of Diamond Bar attached hereto as Exhibit "A/° and incorporated herein by reference. 3. The Planning Commission finds and determines that the ordinance proposed by this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Sections 15305 of Division 6 of Title 14 of the California Code of Regulations. 4. The Planning Commission finds and determines that in accordance with Section 65361 of the California Government Code that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan of the City of Diamond Bar 2 5. the Secretary of the Planning Commission is hereby directed to certify to the adoption of this Resolution and is further directed to promptly submit the recommended Property Maintenance Ordinance to the City Council for their review and consideration. PASSED, ADOPTED AND APPROVED THIS 14th of February, 1994. Chairman I, James. DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on held on the 14th of February, 1994, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Secretary to the Planning Commission 3 CITY OF DIAMOND BAR ORDINANCE NO. 7 (1992) HILLSIDE MANAGEMENT. ORDINANCE section 1. Purpose The purpose of this ordinance is: a. To preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City of Diamond Bar; b. To maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns; C. To facilitate hillside preservation through appropriate development standards and guidelines of hillside areas. The guidelines are not intended to be strict standards, but rather to provide direction and encourage development which is sensitive to the unique characteristics common to hillside properties, which include, but are not limited to slopes, land form, vegetation and scenic quality. Innovation in design is encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in the goals and objectives of the General Plan; d. To ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing land form; e. To preserve, where possible, significant features of the natural topography, including swales, canyons, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features by, for example, roads crossing ridgelines. Therefore, a major design criterion shall be the minimization of such impacts; f. To provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the undeveloped terrain; g. To correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards; h. To provide in hillsides, alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas such as slopes, land form, vegetation and scenic quality; and i. To encourage the planning, design and development of sites that 1 ADOVM Jan. 5, 1993 i. To encourage the planning, design and development of sites that provide maximum safety with respect to fire hazards, exposure to geological and geotechnic hazards; drainage, erosion and siltation,, and materials of construction; provide the best use of natural terrain; Iand to prohibit development that will create or increase fire, flood, slide, or other safety hazards to public health, welfare, and safety. j. It is therefore the intent to establish general and specific guidelines with this ordinance which will ensure that development will complement the character and topography of the land. Specifically the city desires the application of good hillside planning and the use of the concept of "Landform Grading and Revegetation" in designing any development proposal. Section 2. Applicability The regulations contained herein shall be applicable to -all parcel's of land containing grades in excess of ten percent (10%). Section 3. Permitted Uses .The uses permitted by the Hillside Management Ordinance shall be those uses permitted within the General Plan Land Use classifications for the property and the base zone designation subject to Conditional Use Permit (CUP) approval. section 4. Density The maximum number of residential dwelling units which may be permitted to be constructed on a given parcel of land shall be the calculated development pursuant to the General Plan Land Use classification limit less the number eliminated due to environmental constraints and as determined by this ordinance. Section S. Environmental Constraints The maximum number of residential dwelling units can be affected by the impact of the following development constraints, as determined by environmental assessment, unless such development.constraints can be shown to have been eliminated or mitigated to the satisfaction of the Planning Commission or the City Councils 1. Land areas subject to inundation during a 100 -year storm 2. Land areas which are above the hillside view line. 3. Land areas which lie within a federally recognized blue line stream, or which contain significant riparian stream bed habitats or other established plant formations which` constitute a significant natural feature or ecosystem or which contain rare or endangered species. 4. Significant vegetation formations and habitat areas. 2 ADOPM Jam. S, 1993 5. Land areas which are within 100 feet of a prominent ridgeline or hiking trail. 6. Land areas containing significant archaeologic or historic sites. Section 6. Exemption Other provisions of this subsection to the contrary notwithstanding, lots of record as of the date of adoption of this ordinance shall be entitled to a minimum of one dwelling unit. Single dwelling unit development shall be administered in conjunction with the provisions of Chapter 22.72 of the Diamond Bar Municipal Code (Ordinance No. 5(1990) -Development Review.) Section 7. Administration This Ordinance shall be administered in conjunction with the provisions of Chapter 22.56 of the Diamond Bar Municipal Code. Where a conflict or inconsistency exists, the more restrictive regulation shall apply. Where the grading ordinance conflicts with the Hillside Management Ordinance, the latter shall prevail. Section S. Hillside Management standards and Guidelines The Hillside Management Standards and Guidelines are intended to ensure the appropriate management of hillside areas. The. Standards are requirements for the use, development, or alteration of land in Hillside areas. The Guidelines are to be utilized to provide direction to encourage development which is sensitive to the unique characteristics common to the hillside properties. The Guidelines shall be used by the Planning Commission and the City Council in evaluating those development proposals for which it is proposed to go beyond the minimum standards herein specified. Exceptions to the standards specified herein may be approved, pursuant to the Conditional Use Permit (CUP) process, when the Planning commission or City Council determines that such exceptions are not materially injurious to the intent of the standards and guidelines set forth herein. In granting any such exception, the Planning Commission or City .Council shall set forth appropriate findings and facts supporting its determination. The Planning Commission or City Council may vary from the standards contained herein` and determine that the literal enforcement of the provisions of this Ordinance, for parcels which may be too small and of a configuration which would create a hardship provided that a variation from the strict application of the Code be accompanied by reduction in the maximum permitted' density to the extent deemed necessary to maintain the intent of the Ordinance. variations may include modification of the setback requirements to achieve clustering of development on the parcel, in order to maintain grading, drainage, siting and circulation objectives of the Ordinance; except that residential structures shall be sited and designed in a ADOF n Jan. S, 1993 manner which will, in the judgment of the Director, maintain a vertical and horizontal distance from other residential structures which will provide a reasonabledegree of privacy, light and air between residential structures. Where development is proposed for a parcel which adjoins one or more vacant, developable parcels, cooperation of the respective property - owners is encouraged in the planning of the road network, utilities plan and open space program, for the area as a whole. The City may consider variations from the strict application of the provisions of this Ordinance" as may be needed to achieve cooperation among all- contiguous.property owners of vacant, developable properties, to the extent that such variation may better achieve the objectives of this Ordinance. section 4. Definitions The following definitions shall apply to this Ordinance: CITY ENGINEER - Shall mean the City Engineer of the City of Diamond Bar. CONTOUR - A line drawn on a plan which connects all points of equal elevation. CUT - A portion of land surface or area from which earth has been removed or will be removed'by excavation. The mechanical removal of earth material. CUT AND FILL - The excavating of earth material in one place and depositing of it as fill in an adjacent place. DIRECTOR - Shall mean the Director of Community Development of the City of Diamond Bar. DRIVEWAY -A private roadway providing access for vehicles to .a parking space, garage, dwelling or other structure. EFFECTIVE BULB - The effective visual bulk of a structure when seen from a distance or from above or below. ELEVATION - Height or distance above sea level. EROSION - The process by which the soil and.rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water. FILL A deposit of earth material placed by artificial means. FINISH GRADE - The final elevation of the ground surface after grading, which is in conformity with the approved plan.. GRADING - To bring an existing surface to a designed form by excavating, filling, or smoothing operations. (See Figure 1) HILLSIDN. - A parcel of land which contains grades in excess of 10%. NATURAL SLOPE - A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. PAD - A level area created by grading to accommodate development. RIDGE - A long, narrow, conspicuous elevation of land. ROADWAY - A means of access over private property to more than one residential unit. SLOPE An inclined ground surface, the inclination of which is expressed - as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given ADoFTM Ion. 5. IM slope is determined by dividing the rise by the run, multiplied by, 100.(See .Ficure 2). SLOPE, MAN-MADE - A manufactured slope consisting. wholly or partially of either cut or filled material. SLOPS TRANSITION: The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. PROMINENT RIDGE: A ridge or hill location which is visible from a major arterial, secondary, or collector street, which forms part of the skyline or is seen as a distinct edge against a backdrop of land at least 300 feet horizontally behind it, or is so designated by the Planning Commission or City Council. Figure 1 COMPARATIVE DEFINITIONS OF GRADING DESIGNS A. CONVENTIONAL GRADING: 1. Conventionally graded slopes are characterized by essentially linear, flat slope surfaces with unvarying gradients and angular slope intersections. Resultant pad configurations are rectangular. 2. Slope drainage devices are usually constructed in a rectilinear configuration in exposed positions. 3. Landscaping is applied in random or geometric patterns. -OP OF 910tr `\ 5 ADOFM Jan. 5, 1993 S . CQNTOOR GRADING, 1. Contour -graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied._ curvilinear. sultant_._pad--confguranions-are mildly 2. Slope drainage devices are usually constructed in a geometric configuration and in.an exposed position on the slope face. 3. Landscaping is applied in random or geometric patterns. fop dP sGop� M5 OP SLOPr I. Landform Grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, non -linearity in plan view and varying slope gradients, -and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. 2. Slope down -drain devices either follow "natural" lines of the slopes or are tucked away in special Swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with natural rock. 6 ADOWED Ian. 5, 1993 3. Landscaping becomes a "revegetation" process and is applied.in patterns that occur in nature: trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. -/-OP OF SLOPE' 1-1 7''00 OF SLOPE The intent of the ordinance, is to incorporate the basic principles of the "Landform Grading and Revegetation" concept in the design and construction of hillside development projects so that they will be in harmony with the natural topography and reflect plant distribution patterns. The general principles of "Landform Grading and Revegetation: incorporate the following elements: a. The basic land plan "flows" with the natural topography rather than against it. This means that street patterns and building pad configurations follow the underlying topographic features rather than cutting across them. b. All manufactured cut and fill slopes exceeding nine (91) feet in height which, will be, either exposed to permanent public view or are adjacent to environmentally sensitive areas, will be designed with features characteristic of natural slopes so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, slopes adjacent to parks, schools, open spaces, and other public facilities and other prominent and highly visible slopes. Sideyard slopes and low (less .than 25' in height) rearyard slopes whose view'is blocked by future structures need not have landform design applied. C. Slope drainage devices such as down drains and interceptor drains shall be designed so that they are built into the natural slope features and become hidden from view. This AMY= Jan. S, IM (See Figures 13, 14, 15 & 16) d. Terracing and the associated concrete drainage devices such as terrace drains, down drains and interceptor drains .distract from efforts to give cut and fill slopes a natural appearance. e. Landscaping will not be applied in a conventional pattern, but rather those resembling the natural plant distribution patterns. Trees or shrubs will be clustered in the swaled (concave) components of the slope along with ground cover. Ground. cover, only, will be applied to the protruding (convex) portions. (See Figures 31) Section 10. Slope Analysis A_ calculating Average Slope Using the following formula, calculate the average slope of the entire parcel.. I Contour interval in feet Slope = 0.002296 I L L = Summation.of length of all A contours in feet A = Area in acres of parcel being considered B. Slop® categories The following are standards for hillside slopes in areas that will not be landform graded. These categories ensure that development will complement the character and topography of the land. The standards for one category may be applied to limited portions of the property in an adjacent category when a project is developed on property in more than one slope category. Slope category I Natural Slope Site Standards 1. 10 to 24.9 special hillside architectural and design techniques that minimize grading are required in this Slope Category. 2. 25 to 39.9 Structures shall conform to the natural topography and natural. grade by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. Conventional grading may be considered by the city for limited portions of a project when its plan includes special design features, extensive open space or significant use of green belts. 3. 40 to 49.9 Development within this category shall be 8 ADOPTED ran. 5, 1993 3. 40 to 49.9 Development within this category restricted to those sites where it can be be shown that. safety, environmental and aesthetic impacts can be minimized. Use of large lots, variable setbacks and variable building structural techniques such as stepped foundations are expected. Structures shall be designed to minimize the impact of their bulvisual k and height. The shape materials, and colors blend wof structures shall ith the natural environment. The visual and physical impact of driveways and roadways shall be minimized by eliminating sidewalks, and reducing their widths to the minimum required for emergency access and following natural contours, using grade separations where necessary and otherwise minimizing grading. 4. 50 and over This is an excessive slope condition and development may be extremely limited. Figurer2 Slope ratio percent slope and degree of slope are shown far some hillsides of -varying steepness p 9:1 20 11 3: ( 33 i8 Z 50 25 W 1.5:I 67 3¢ N MN C-Howzo M ) 9 ADOPM lm. S, 1993 section 11. Grading The following standards define basic grading techniques which are consistent with the ordinance and avoid unnecessary cut and fill.. Limitations on project grading amounts and configurations will be decided on a case-by-case basis under the conditional use process landform grading slope design standards include: A. RIDGELIKE CUTS: When convex shaped natural features, i.e., protruding ridgelines are cut, the residual landform should not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline. (See Figure 3) H,. r_A"ON FILLS: Fill slopes shall not be placed perpendicular across a canyon. Such straight line cut off fill slopes shall not be made to appear like a dam. The terminus of the fill shall, instead, be concave in shape to restore the canyon appearance. This concave configuration shall be. in combination with the use of substantially flatter slope ratios (4:1, 3.5:1, 3:1) at or near the center of this indentation. Symmetrical or, unsymmetrical concave configurations shall be used depending upon the adjoining or underlying topographic characteristics. (See Figure 3) C. TRANSITION AREAS' Minimal radius rounding at the edges of cut and fill slopes is not acceptable. Proper transitioning to natural slopes shall be achieved through the use of radii or irregular curvilinear shapes that will blend into the. adjoining topography tangentially and not create abrupt changes. (See Figure 3) 10 pWFM Ian. s, 1993 FIGURE 3 SLOPE DESIGN ACcEPYA A/ t Cuf- CANYON F/LL ON (XhrPtAeG,e 4AANs17'1oN zONE 11 ADO"W Jm S, 1993 FIGURE 4 SINGLE FY GRADING CO1VVEN7701VAL r GAA-OPOAM PLAN VlFkV . 08UQUE. view J I 12 ADOPrEn Jan. S, 1993 FIGURE 5 MULTI FAMILY GRADING CONY-N71ONAL 1' 'I ,IfEN,P-,O04M • PLAN V/,5Yti/ Ml-/4UE V1, W enoFM J.®. s, 1993 D. USE OF.VARIAHLL SLOPS RATIOS^ Due to the fact that the landform grading designs require the use of variable slope ratios at greater than 2:1, creates valleys, and concave indentations on building pad areas, _it can result in loss of usable area. In addition, engineering and construction costs may increase. Two methods will be permitted to offset this loss, they are as follows: 1. Pad areas lost due to concave indentations will be counted towards meeting the landscape area requirements of development proposals for a given pad. 2. Segments of a cut or fill slope will be permitted to be designed with variable slope ratios less than 2:1, but not less than 1.5:1 within the following guidelines: a. the geotechnical engineer will _certify that slopes so designed will meet •standard stability requirements.. b. overall ratio from toe to toe will be 2:1 or greater. C. ratios greater than 2:1 will also be used in the slope design (see Figure 6) 14 ADOPM Jan. 5, 1993 FIGURE 6 EXAMPLE OF VARIABLE SLOPE RATIOS 15 ADOPM Jan. 5, 1993 S. Standards 1. No finished slopes greater than fifty percent (50% or 2:1) may be created except adjacent to a structure where the maximum created slope is limited to sixty-seven percent (67% or 1�:1) or less. 2. Grading shall be phased so that prompt reveget'ation or construction will control erosion. Where possible, only those areas which will be built on, resurfaced, or land- scaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes. Revegetation of cut and fill slopes shall occur within three (3) months to the satisfaction of the City. 3. Grading operations shall be planned to avoid the rainy season, October 15, to April. 15. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Engineer without regard to time . of year. 4. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and in addition, erosion treatment provided where slopes exceed twenty (20) percent. 5. No point on any structure subject to the provisions of this Section shall be closer to a prominent ridge than one hundred (100) feet measured horizontally on a topographic map or fifty (50) feet measured vertically on a cross section, whichever is more restrictive. And in no case, shall the roof line or any other portion of a structure extend above the line of sight between a ridge line and any public right of way, whether said ridgeline is above or below the right of way. 6. Lot pad grading is limited to the boundaries of the structure's foundation, vehicle parking space and a yard area as shown on the approved grading plan. 7. Retaining walls associated with lot pads are limited to: a. Upslope (from the structure) walls not to exceed four (4) feet in height. Terraced retaining structures may be utilized which are separated by a minimum of three (3) feet and appropriate landscaping. b-. Downslope (from the structure) walls not to exceed four (4) feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions, (such as lot configuration, steep slope, or 16 AMPr® Jan. 5, 1993 road design) then the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed three (3) feet in height and shall be separated by a minimum of three (3) feet and appropriate landscaping. Terracing shall not be used as a typical solution within a development. S. Lot lines shall be placed two feet beyond top of major slope areas within public view corridors to help ensure their maintenance by the downhill owner. F. Guidelines 1. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby, hiding the slope behind the structure. 17 enorrsa Un. s, 1993 Figure 7 54OPP9 SHUUGD e�97 AOWP O 7a PPOMA5 A MOA, NiF77lP,III, AAMOMAeO _ - 4AIW-MA,NU54GtUAW SWbS s#&, p 60 LOCAMP AVN fta u! rMl- sloj5 OF Y/yE 57PUC.TUI�r-- 'tO f—d:U]6j 7'HO AfPEfFf�4 v OP- CAWIN& 7WO s77 �7- AgFM!NlNls wAtl,S /134Y GSD., 5r�t Not MIS — str��t 2. Retaining walls are limited to 4 feet in height. Terraced retaining structures may be utilized which are separated by a minimum of 3 feet and appropriate landscaping. Retaining walls hidden by structures may be permitted. Figure 8 (also see Figure 17) 7X!!S 4 N67' 77116 is ADOPM Ian. S, 1993 .3. One downslope from the structure not to exceed 3 1/2 feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions, (such as lot configuration, steep slope, or road design) then the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed 3 feet in height and shall be separated by a minimum of 3 feet and appropriate landscaping. Terracing is not to be used as a typical solution within a development. 4. On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed 3 1/2 feet in height may be used in a side yard where necessary (also see roadway). 5. walls which are an integral part of the structure may exceed 8 feet in height; however, their visual impact shall be mitigated through contour grading and landscape techniques. 6. The following factors shall be taken into consideration in the design of a project: a. When space and proper drainage requirements can be met with approval' by the City Engineer, rounding of slope tops and bottoms shall be accomplished. b. When slopes cannot be rounded, vegetations shall be used to alleviate a sharp, angular appearance. C. A rounded and smooth transition shall be made when the planes of man-made and natural slopes intersect. d. When significant landforms are "sliced" for ,construction, the landforms shall be rounded as much as possible to blend into natural grade. e. Manufactured slope faces shall be varied to avoid excessive "flat -planed" surfaces. 7. No manufactured slope shall exceed 30 feet in height between terraces or benches. 19 ADOPTED Jan. S, 1993 Figure 9 /'---7WA/ 7VIO /N7'--&NtY 9,- 7'i/-= P/iaE Nfltvp,4L 944rAO oV -�MPMiFs/zeD V6Z-7'1 ,4i- 67AV Ap q D/SRUPf 7`f/E /VAtVML S/LNOV&HE c2 - 7%A5' H/44S/DP' 8. Where cut or fill conditions are created, slopes would be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "engineered" appearance. Figure 10 VAR -'r N& GUI OR s�vpE Cp Affg MofT V4 -IV 44- AAPGAAAWCi5 20 ADOPT Ian. s, 1993 9. The angle of any graded slope should be gradually adjusted to the angle of the natural terrain. Figure 11 PxK7/N6 D�t�QOAt1EvY PAAvGED ASVeL4." 0- 4 -----1AACW- MONOA4RY hetE `NA/RAG (��� Pft010oOF � �7C't�71.�lON ��7i�S/6 DPA/N�4foE IYo7' �!s 7f!!s COM61iV5 sGOOES 7b W/W- C40jELY Af3°RAC�M/�tE Nh77/¢,4L 6AAM 10. Manufactured slopes adjacent to roadways shall be consistent with the Landform grading and, revegetation technique to create visually interesting and pleasing streetscapes. Figure 12 7 ViAHE�fY /N UVOI14OY jNC scoFB BANK P1.E715/1W NO -I' f#/S GVLA16Ht SLOPE $�veiy MONOTONY BF AeW wy imm .Da(.//j//� (See also Figure 6). Section 12. Diainags 21 ADOPrm Jan. S. 1993 Where a conflict exists between the provisions of this section and Chapter 70 of the Uniform Building Code, the drainage, soils and geology provisions of this ordinance shall prevail, unless in the opinion of the City Engineer, the provisions of this section do not meet sound engineering standards. A. Standards 1. Debris basins, rip rap, and energy dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken. Except for necessary flood control facilities, significant natural drainage courses shall be protected from grading activity. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. 2. Terrace drains where required shall follow landform slope configuration. Down drains shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner they will be built into -the overall landform of the slope. (See Figure 13). Figure 13 LWVj1'70 tM Q7/Sli��1%t/©N�4L 22 ADOPTED Jan. S, 1993 Figure 14 -7V,3 No -t- tHis SMAGG eEp.4f AC- t A9215 7H�F to/? OF #45 '61-0AW. 11'TDuR UNLI/Lf}y7oIV FofcED frVa UNN�4iUPrG V�lbri' /N 5Lply Df54✓Nrkti� �� A NA"A-1, APM A-P� 06 S�tJREO USE OF MP// p M;g 6F AN6l5 AVD IJNEVFJV sLaMVs UN�foRM sLp 3. Building and grading permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, including but not limited to such facilities as a drainage channel, public street or alley, or private drainage easement. 4. The use of cross lot drainage shall be subject to Planning Commission and City Council review and may be approved after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in. order to .minimize the amount of grading which would result with conventional drainage practices. Where cross lot drainage is utilized, the following shall apply: a. Project Interiors - One lot,may drain across one other lot if an easement is provided within either an improved, open V-swale gutter, which has a naturalized appearance, or within a closed drainage pipe which shall be a minimum twelve (12) inches in diameter. In both cases, an integral wall, shall be constructed. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners association, otherwise the drainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. 23 AMVMJon. 5, 1993 b. Project Boundaries - Onsite drainage shall be conveyed in an improved open v-swale, gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowner's association, or it shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. Figure 15 7`H/s NOt N�4 NArIV,5 s 7-7'P/cq-L v D �i4L/zS M,W-Mr}p�e w/tH .4.c. '9'A ` .2+OW D/tC,y GONG, B. Guidelines. 1.. Where possible, drainage channels should be placed in inconspicuous location, and more importantly, they should receive a naturalizing treatment including -native rock, colored concrete and landscaping, so that the structure appears as.an integral part of the environment. Figure 16 2. Natural drainage courses should be preserved and enhanced to 24 AJX1J'MJan. 5, IM the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design. Section 13. ]Access, Trails and Roadways A. Standards. 1. Driveway grades up to a maximum of twenty (20) percent are permitted, and shall be aligned with the natural contours of the land. Proper design considerations shall be employed, including such items as vertical curves and parking landings. In any case; parking landings shall be utilized on all drives over ten (10) percent grade. 2. Groovesfor traction shall be incorporated into the construction of driveways with a slope of twenty (20) percent or greater. 3. Where retaining walls are necessary adjacent to roadways or within street setbacks, they shall be limited to three (3) feet in height in order to avoid obstruction of motorists' and pedestrians' field of view, and to create an aesthetically pleasing streetscape. No more than three (3), three (3) foot high terraced or stepped retaining walls shall be utilized which are separated by a.minimum of three (3) feet and appropriate landscaping. Figure,l7 31 4. Driveways shall enter public/private streets maintaining adequate line of sight. 5. Local hillside street standards shall be used to minimize grading and erosion potential while providing adequate access 25 ADOP n ),m. 5, 1993 for vehicles, including emergency vehicles. 6. Grades of streets in the hillside areas shall be as provided in this subsection. Hillside, collector and arterial streets shall not exceed 12 percent. Hillside residential local streets shall not exceed 15 percent. 7. Cul-de-sacs to a maximum of 1000 feet in length may be permitted with a maximum of 30 dwelling units. 8. All other street improvement standards shall conform to the standard plans and specifications for public streets of the City of Diamond Bar. 9. The Planning Commission or City Council may approve modifications to the above standards provided such modifications are in substantial conformance with the objectives stated in this section. H. Guidelines. 1. Roadways and driveways, where feasible, should conform to the natural landform. They should not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments or by building switch -backs on visually prominent hillsides, split sections and parking bays should be utilized in the layout of hillside streets. Figure is MAR --F Cf aWg g� .4L &v1,IV6 AOA,c8 +Lo vrP NA?' A 4G a>44Ag�5 Nn(- i#/S AVOID "MING ACA46 C00WAAA .f0 S7WA° OMUF5 26 ADOPTED Jen. S, 1993 Figure 19 410 )PIVYNG. 57��P SLg',ES s7hB/GIZTc hiUO AOrFO1Q-E57`" PISV -600 O 6r4Nf�E Foss/at,� 7'^,4//- ~" S1AEI�L.K - ffz 2. Where road construction is permitted in hillside areas, the extent of vegetation disturbance and visual disruption should be minimized by the combined use of retaining structures and regrading to approximate the natural slope. The following techniques should be used where feasible: a. Utilize landform .revegetation planting in order to .create a natural appearance and provide a sense of privacy. b. Reduce the visual and safety impacts by use of terraced retaining walls and landscaping. C4 split roadways increase the amount and appearance of landscaping and the median can be used to handle drainage. 27 AWPMJan. 5, 1993 Figure 20 I�f'lIYO Off a, -t SLOPE' to G1�/yFo�7 tO ?WW Nftt�/i4AL coN7tvve op AW vistA Actwo rJF?-- C.ut- sc4%s� AFAo SMALL Awoos oN AeAPwAr CJP� fo cOAM-47 •� 7"0 7W#- AAA7'VA4j- OPAlP�F. oA Ra�w.aY SOUND eF�' cut s[.opES. SPL/t �Okt.4Y SEchoNs m AccoMMODA W 6 cHAit/6,�: //0` t1f/S -4r IIIVA 7tA. JrX,,o Hw�s�5� .QO,ow,4r Ct* f00 97WEP #OR PG4rtfts •gyp eE'�� �9754PLJsH�O. �itIOB REMAIMA(r, J1590/4 AOA-PdvI+Y C6Y. A�VA141AWGI�o 141, ACc OMMODA--E ONL' \ L-&Y{51AAtANA-t- MORWAY. 3. Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking and biking uses. They can also function as a means to take up grade or to convey drainage. 4. In hillside areas, it is not always necessary to provide full improvements for trails. A more natural experience may be achieved, and the amount of grading required can be reduced, by providing minimal improvements in appropriate areas, such as undevelopable, steep slopes. Section 14. Site DesiSn 2 8 ADOF M Jan. 5, 1993 A. Standards, 1. The dimensions of a building parallel to the direction of the slope shall be maximized in order to limit the amount of cutting and filling and to better fit the house to the natural terrain. '///. Figure 21 - fO '�7 Aav�s ppo NOF INCREA65 BUILA'N& AMA. A114 YN6 GbfAXGtLY MAOVIVP JN 2SVOpr�5ot- OW He- fK� fdIL651PO U8, LOW I.PWO, DEC, AMNO SIDA' DBrKS. NO -14 -hy/s DY�,'llltioAS�(o OEx�S MoR HI�N� � RAW Ald*lu- B6,14PIN6 slAvm Ou f' av tmp H/usio�. AVOW DAG/=S HAVOWO MILL SIDS, �-�P,ar}c.NNCxi . R41IDUc&s FFEelIvE fiL �rHAiICS rWIIOINO MC1� MONuMEN�FG ob�YAlt� POR N, OZAPP PCOOR9 OA NINL 41; fIgGP 45?-AAUP Miss ANO frds• AMY - OV O CIMWOAPNOU6 PPO f AGA�NSfi ,�uG� IN AMNtIONAI- �ic V15VA4 avck-. B. Guidelines 1. Design of building sites should be sensitive to the natural terrain. Structures should be located in such a way as to minimize necessary grading and to preserve natural features such as prominent knolls or ridgelines: 2. Views of significant visual features as seen from both within and outside a hillside development should be preserved. The following provisions shall be taken into consideration: a. Dwellings should be oriented to allow view opportunities, although such views may be limited. Residential privacy should not be unreasonably sacrificed. b. Any significant public vista or view corridor as seen from a secondary, collector or major arterial should be 29 ADOPTED Ja . 5, 1993 3. Projects should incorporate variable setbacks, multiple orientations and other site planning techniques to preserve open spaces, protect natural features and offer views to residents. Figure 22 THIS Section 15. Arc ateotu s , A. Standards. 1. The building envelope for all structures shall be as follows: a. Downhill Lot - A maximum/height of thirty-five (35) feet as measured from natural or a finished grade at the front setback, extending towards the rear of the lot. The maximum height at the side setbacks shall be twenty- five (25) feet extending up to the center of the lot at a forty-five (45) degree angle to a maximum height of thirty-five (35) feet as measured from natural grade or approved finished grade. Figure 23 Gbl�lN NIGG �ioN 25� 30 ADOFM Jm. s> 1993 Figure 24 L A; OV, � 7 AwF 9) s W /- or[>e;"VrA- Iyt-- \\ BWWN! MI/Pi .�wMuy H67GHf'L/M/t SOF&WA16 eF 1 -+A -4W VAR744L 60A -Acmes NOt 7V!/s 2. The building shall be terraced to follow the slope. 3. Architectural treatment shall be provided to all sides of the structure visible. 4. Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed. 5. Exterior flood lighting for safety shall be located and shielded so as not to shine on adjacent properties. Decorative lighting to highlight a structure is prohibited. B. Guidelines 1. The form, mass and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques which may be considered include: a. Split pads, stepped footings and grade separations to permit structure to step up the natural slope. b. Detaching parts of a dwelling such as a garage. c. Avoid the use of gable ends on downhill elevations. The slope of the roof should be oriented in the same direction as the natural slope and .should not exceed natural slope contour by twenty (20) percent. 31 ADOPM Jan. S, 1993 2. Avoid excessive cantilevers on downhill elevations. 3. Excavate underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environ- mentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping-techniques-.- 4. andscaping-techniques4. Use roofs on lower levels for the deck open space of upper levels. Figure 25 his LAPCOe IW,* A 6f10ye- ft UP. 1190 Of' NA -MM[. MWt�/A-I_- ,W.0 IVINGOW RMC i At- 'iN SMAA6_ jAAC12,j;�1_ftNNfs ce&nyE SMS SCA4& Ahtil_-ANS, . AA6,� VP XAssiNro 6- 07)0 IFL pvt5 70 AA2AO C ZVFP- A-r'AOi<IAfft5 7WE NATUM-L 04410 S CII& ftOWIM10NS AMO A&"NW6 6ciiW* to AHaF &AOUN.O. NOt 7W/9 M.4,r:;,G/ve YOZr VlV1,04-0 IN .aW6Wt tO tH_C NsF7 PAM, &01 5. 4AAOO f>i �A�og of EN/ 5. Building materials and color schemes should blend with the natural landscape of earth tones and natural chaparral vegetative growth. 6. To the extent possible, the width of a building measured in the direction of .the slope, shall be minimized in order to limit the amount of cutting and filling and to better "fit" the house to the natural terrain. 32 ' nnorrED Jan. 5, i993 Figure 26 $UILp/ 6 PUL1G BAc,� sloes AW ,¢Ra�vIN o�v W,5 HIl1S/D M/NDR 6111t&NO APOV'Vs/oNg DICUARL 70 tHE CDO�/N9y1IR-5 � l�Pi 6 ! PWR+LG�GNs�r /N N1�SI�� lNItH ?f!E CGWfDuR9. NO 7`ff/S Section 16. Fences and Landscavina A. Standards ,5111101N& /S P&RP_I-NDIrVL4P- AD ffF CDNN'OVP G 1.' Walls and fencing, not exceeding six (6) feet in height, visible from roadways or public rights-of-way shall be visually open and non-opaque. 2. Privacy walls and fences, not exceeding six (6) feet in height, are permitted adjacent to structures, in order to provide a private outdoor area. Walls and fences shall be of materials and colors compatible with the structure's facade. 3. Native or naturalized plants or other plant species that blend with the landscape shall be utilized in all areas with required planting. 4. Fire retardant plant materials shall be utilized. Plants selected as ground cover, shrubs or trees shall be from the list as approved by the City. 5. A permanent landscape and irrigation system, for purposes of establishing and maintaining required planting, shall be installed on all slopes. The emphasis shall be toward using plant materials that will eventually need minimal irrigation. Water and energy conservation techniques. shall be utilized including but not limited to such items as drip irrigation and use of "reclaimed water" and xeriscape. 33 ADOVM t.n. 5, IM Figure 27 7'H1S n/ot tins ,vo �atNF ,o BU6K 9 i / NO PcA6v6 POss/BGE / P44N!-!NG P6011E�t5 ON ' PU-- Pf Me OF A9.14/NIN6 IvAiz. 5Y EPP�D pair F/N/NG LO.4 LL [ �FPtoE cexlc a y 5 PC�A fiVINr, fltLDW Sc l PGP4N7lNG IPVAU- SQ2-FA«E5 cs4N 6_i= s���T1 pBP A�' SEV L L�1✓6*'G �, i II FE ; AND 7A�e-E YE'9P }a5 7o CO1V cp 9-{ Wlyt/ PL,�V7`INCn AMD 7P��, 6. Landscaping shall be used to screen views of downslope building elevations. When the structure height exceeds twenty (20) feet from finished grade on a downslope, additional landscaping is required and a landscaping plan shall be submitted for review with the submittal package. 7. slopes with required planting shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where required by the City, jute netting shall be used to help stabilize planting and minimize soil erosion. 8. Native vegetation shall be retained and supplemented within undeveloped canyons and along natural drainage courses as allowed by state and federal resources agencies (State Department of Fish & Game, U. s. Fish and. Wildlife, U. S. Army Corp, of Engineers). Figure 28 MIS MOO �+�tt/IV6 NrSry`t1Rr#f.L.Y .\ #OLLO61f5 Yt1E � BtOPE, OPEN G50 -7H` W P`ENC/N6 81,�y� wto -/-HO,�tP�E Na��� �wrPoadr�r,; �! c ,�Qu/PSD Hilar v�s,ec� \tvt�s SOLD AIAU- 77',WSi /09 APA ot.� cut sEPAAMAI/o,J SCPORYIN6 PEtk kAq NA'tVA41- CONDIHON AMP D��"FCP Aye A WHH NO tNgHYoN. 34 ADO" n Ion. s, 1993 B. Guidelines 1. Natural landform planting should be used to soften manufactured slopes,. reduce impact of development on steep slopes or ridgelines, and provide erosion control. 2. Maintain a "vegetative backdrop" by replanting with approved trees. The vegetation should reduce the impact of the structures to the extent possible at maturity and preserve the appearance of the natural hillside. Figure 29 77P/GA-L BU/LLYN�i CGUSt�PilN6 9. Use Landform Grading to replicate the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, non -linearity in plan view and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configuration are irregular. 10. Slope down -drain devices shall be designed to either follow "natural" lines of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with natural rock. 11. Landscaping becomes a "revegetation" process and is applied in patterns that occur in nature: trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. 44VO Aw RAWW6 /AWP6CAA- 11191AL P44v—r-, ,W cpoS, / `4a 30 M sf- 7 1Y Iis ; UNI ra m VISUAL / PIAV,� /N ION. / m 7- • 5a, 35 ADOPTED Jan. 5, 1993 Figure 31 SL®Pj' LArVpSC„AP/NG fH/S LANDFaP4,1 REVB6&--fA-t/onl. . 6Po"r-OV&,Q aVL.Y pop- COA(VA)C AA04G. 7/L0ES /Wp syfcve6 GGl,�7�FtD /N CONCAVE AAEAS. LA9F4�gk Sf G/ES At No - fUP COKYENT/ONs�1- � �..J LAND SCA00//`!e . -PIWC­S AND 9HPfJBS SPACED Foft UNIr-CAM 00VAM6F. rod 802tiOA 17 public Safety Standard& A. Fire Protection Standards 1. Ali development shall be constructed'in such a manner so as to reduce the potential. for spread of brushfire through consideration of the following:, a.. In the case of a conflict where more restrictive provisions are contained in the Uniform Building Code or in the Fire Code, the more restrictive provisions shall prevail. b. Roofs shall be covered with noncombustible materials as defined in the Building Code. open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames. C. Exterior walls shall be surfaced with noncombustible or fire resistant materials. d. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction or shall be protected by fire-resistant material pursuant to the Building Code. 3 fi ADOFM Jan. S. 1993 2. All development shall be constructed with adequate water supply and pressure for all proposed development in accordance with standards established by the Fire .Marshal. 3. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable building and.fire codes and a Fire Hazard Analysis Study developed by the Fire Marshal. 4. Fuel modification areas shall incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. 5. If the Fire Marshal determines in any specific case that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or. impractical, she/he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this ordinance. 6. In the event the abatement is not performed as required in subsection C of this section, the City Council may instruct the Fire Marshal to give notice to the owner of the property upon which said condition exists to correct such prohibited condition and, if the owner fails to correct such condition, the City Council may cause the same to be done and make the expense of such correction.a lien on the property upon which such conditions exist. 7. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. section is. Application Filing Requirements Proposed development within hillside areas shall require the submittal of a Conditional Use Permit application. Additional submittal requirements may include applications for Development Review, Oak Tree Permits, subdivision and Environmental Review. All applications shall incorporate the following filing requirements and shall include process fees as established by the City Fee Resolution. A. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. B. A conceptual grading plan, which shall include the following items in addition to those required by the Municipal Code or as part of the submittal Requirement Checklist: 1. A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and 37 ADOPTED Jen. S, 1993 change in direction of drainage. 2. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. 3. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Countours shall be shown according to the following schedule: Natural Clone Maximum TnteryA Fe t Above 20% 5 C. A conceptual drainage and flood control facilities map describing Planned drainage improvements. D. A Slope Analysis map for the purpose of determining the amount and location of land as it exists in its natural state failing into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licenses land surveyor, which shall have a scale of not less than 1 inch to 100 feet and a contour interval of not more than 2 feet provided that the contour interval may be 5 feet when the slope is more than 20 percent. This base topographical map shall include all adjoining properties within 150 feet of the site boundaries. Delineate slope bands in the range of to 10 percent, 10 up to 15 percent, 15 Up to 20 percent, 20 up to 25 percent, 25 up to 30 percent, 30% to 351 and 35 percent or greater. Also included shall be a tabulation of the land/area in each slope category specified in acres. E. Provide a sufficient number of slope profiles as required by the City Engineer to clearly illustrate the extent of the proposed grading. The slope profiles shall: 1. Be drawn at the same scale and indexed, or keyed, to the grading plan, and project site map. 2: show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. 3. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least 150 feet. 38 M)OP u Jan. 5, 1993 4. The profiles shall be drawn along those locations of the project site where:• (a) The greatest alteration of existing topography is proposed; and, (b) The most intense or bulky development is proposed; and, (c) The site is most visible from surround land uses; and, (d) At all site boundaries illustrating maximum and minimum conditions. 5. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope. profile shall be roughly at a 45 degree angle to the other slope profiles and existing contour lines. F. The slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope profiles, and attesting to the fact that the slope profiles have been accurately calculated and identified. G. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors. H. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. I.. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. J. In the event that no grading is proposed, i.e., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and. location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. K. When unit development is proposed, illustrative building elevations, that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot, shall be provided. L. The following items may be required if determined necessary to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: 39 ADO"M 3m. S, 1993 1. A computerized or topographic model; 2. A line of sight or view analysis; 3. Photographic renderings; 4. Any other illustrative technique determined necessary to aid in review of a project. M. Exceptions to the filing requirements shall be determined by the Director and City Engineer. c:%weslkWORL-& nsn 40 Al OMW I m 3, 1993 1. A computerized or topographic model; 2. A line of sight or view analysis; 3. Photographic renderings; 4. Any other illustrative technique determined necessary to aid in review of a project. M. Exceptions to the filing requirements shall be determined by the Director and City Engineer. c:%WP51%WORKXX 4RMYKUULL B 40 AMPM Jan. S, 1993 EXHIBIT "A" Sec: 28.23 CHAPTER 22.28 { { PART 6 -- CHAPTER 22.28 C -M COMMERCIAL MANUFACTURING,ZONE SECTIONS: 22.28.230 Permitted uses. 22.28.240 Accessory uses. 22.28.250 Uses subject to Director's review and approval. 22.28.260 Uses subject to permits. 2'2,28,270 Development standards. 22.28.230 PERMITTED USES. Premises in Zone C -M may be used for: A. The following commercial uses within an enclosed building: 1. Sales. -- Antique shops. -- Appliance stores, household. -- Art galleries. -- Art supply stores. -- Auction houses, excluding animal auctions. -- Automobile sales, sale of new and used motor vehicles. -- Automobile supply stores, provided all repair activities are conducted within an enclosed building. -- Bakery shops - Bicycle shops. -- Boat and other marine sales. -- Bookstores. -- Ceramics shops. -- Clothing stores. -- Confectionery or candy stores. -- Delicatessens. -- Department stores. - Disability rehabilitation and training centers, except that assembly and manufacturing are permitted only as provided in Subsection B of this section. -- Dress shops. -- Drugstores. -- Feed and grain sales. -- Florist shops. -- Fruit and vegetable markets. _Furniture stores. -- Furrier shops.' -- Gift shops. -- Glass and mirror sales, including automobile glass installation only when conducted within an enclosed building. -- Grocery store's. -- Hardware stores, including the sale of lumber and other building supplies, but excluding milling or woodworking other than incidental cutting of lumber to size, provided that all sale, display, storage and incidental cutting is within an enclosed building. u Sec., 2,8.23d' (Cont". CHAPTER 22.28 -- Health food stores. -- Hobby supply stores. -- Ice cream shops. -- Jewelry stores. -- Lapidary shops. -- Leather goods stores. -- Mail order houses. -- Meat markets, excluding slaughtering. -- Millinery shops. -- Mobilehome sales. -- Model home display centers and sales offices, provided that such models shall not be used for residential purposes unless a conditional use permit is first obtained pursuant to the provisions of Part 1 of Chapter 22.56. -- Motorcycle, motorscooter and trail bike sales, conducted within an enclosed.building. -- Music stores. -- Newsstands. -- Notions or novelty stores. -- Nurseries, including the growing of nursery stock. -- Office machines and equipment sales. -- Paint and wallpaper stores. -- Pawnshops. -- Pet stores, within an enclosed building only. -- Pet supply stores. -- Photographic equipment and supply stores. -- Radio and television stores. -- Recreational vehicle sales conducted within an enclosed building. -- Retail stores. -- Secondhand stores. -- Shoe stores. -- Silver shops. -- Sporting goods stores. -- Stamp redemption centers. -- stationery stores. -- Tobacco shops. -- Toy stores, -- Trailer sales, box and utility, conducted within an enclosed building. -- Yarn and yardage stores. 2. services. -- Air pollution sampling stations. -- Arboretums and horticultural gardens. -- Assaying. -- Automobile battery services, provided all repair activities are conducted within an enclosed building. -- Automobile brake repair shops, provided.all repair activities are conducted within an enclosed building., .-- Automobile muffler shops, provided all repair activities are conducted within an enclosed building. -- Automobile radiator shops, provided all repair activities are conducted within an enclosed building. -- Automobile rental and leasing agencies conducted within an enclosed building.. Sec. 28.230 (Cont.) CHAPTER 22.28 -- Automobile repair garages within an enclosed building only, and excluding body and fender work, painting and upholstering. -- Automobile service stations. -- Automobile sightseeing agencies. -- Bakery goods distributors. .-- Banks, savings and loans, credit unions and finance companies. facilities, State Board agencies. Barbershops. Beauty shops. Bicycle rentals. Blueprint shops. Boat rentals, conducted within an enclosed building. Book binderies. Car washes, automatic, coin-operated and hand wash. Carpet and rug cleaners. Catering services. Child care centers. Colleges and universities, including appurtenant giving advanced academic instruction approved by the of Education or other recognized accrediting Comfort stations. --Communication equipment buildings. -- community centers. -- costume rentals. -- Dental clinics. -- Dental laboratories. -- Dog training schools, excluding boarding. -- Dry cleaning establishments, provided that the building is so constructed and the equipment is so installed and maintained and the activity is so conducted that all noise, vibration, dust, odor and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury will result to persons or property in the vicinity. -- Electric distribution substations, including microwave facilities, provided: a. That all such installations are completely surrounded by a masonry wa]1 to a height of not less than eight feet. The Director may approve the substitution of a chain-link or other industrial -type fence with screen planting where he deems it appropriate. All such substitutions shall be subject to the provisions of Part 12 of Chapter 22.56; and b. That the area between the fence or wall and the property line is landscaped and maintained while such use exists. -- Electricians shops. -- Employment agencies. -- Film laboratories. -- Fire stations. -- Frozen food lockers. -- Furniture and appliance rentals. -- Furniture and household goods, transfer and storage. -- Gas metering and control stations, public utility. -- Hospital equipment and supply rentals. -- Interior decorating studios. -- Laboratories,.research and testing. -- Laundries, hand. Sec. 28.230 (Cont.) CHAPTER 22.28 -- Laundries, retail. -- Laundries, self-service. -- Laundry agencies. -- Laundry plants, wholesale. -- Libraries. -- Locksmith shops. -- Lodge halls. -- Medical clinics. -- Medical laboratories. -- Microwave stations. -- mimeograph and addressograph.services. -- Mortuaries. -- Motion picture processing, reconstruction and synchronizing of film with sound tracks. -- Motion picture studios and indoor sets, including the temporary use of domestic and wild animals in motion picture and television production, provided said animals are kept or maintained pursuant to all regulations of the Los Angeles County Department of Animal Control, and are retained on the premises for a period not exceeding 60 days. The Director may extend such time period for not to exceed 30 additional days subject to the provision of Part 12 of Chapter 22.56, on Director's review. -- Motorcycle, motorscooter and trail bike rentals. -- Museums. -- observatories. -- Offices, business or professional. -- Packaging businesses. -- Party equipment rentals. -- Pet grooming, excluding boarding. -- Photocopying and duplicating services. -- Photoengravers and lithographers. -- Photography studios. -- Plumbing shops. -- Police stations. -- Post offices. -- Printers or publishers. -- Public utility service centers. -- Radio and television broadcasting studios. -- Real estate offices. -- Recording studios. -- Recreational vehicle rentals. -- Repair.shops, household and fix -it. -- Restaurants and other eating establishments, including food take-out. -- Reupholsterers, furniture. -- Revival meetings, tent, temporary, operated at one particular location if not within 300 feet of any public park or school or area in any residential zone and not longer than seven days in any six-month period. -- schools, through grade 12, accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the Education Code of the State of California. -- schools, business and professional, including art, barber, beauty, dance, drama and music and trade schools. -- shoe repair shops. -- Shoeshine stands. Chp. 28.230 (Cont.) CHAPTER 22.28 -- Sightseeing agencies. -- Stations: bus, railroad and taxi. -- Tailor shops. -- Taxidermists. -- Telephone repeater stations. -- Tire retreading or recapping. -- Tool rentals, including rototillers, power mowers, sanders and saws, cement mixers and other equipment, but excluding heavy machinery or trucks exceeding two tons capacity. Tourist information centers. -- Trailer rentals, box and utility only, conducted within an enclosed building. -- Truck rentals, excluding trucks exceeding two tons capacity, conducted within an enclosed building. -- union halls. -- veterinary clinics, small animals. -- watch repair shops. -- wedding chapels. 3. Recreation and Amusement. -- Amusement rides and devices, including merry-go-rounds, ferris wheels, swings, toboggans, slides, rebound -tumbling and similar equipment operated at one particular location not longer than seven days in any six-month period. Athletic fields. Carnivals, commercial, including pony rides, operated at one particular location not longer than seven days in any six-month period. -- Parks and playgrounds with all appurtenant facilities customarily found in conjunction therewith. B. The following industrial uses, provided all activities are conducted within.an enclosed building: 1. Assembly and Manufacture. Assembly and manufacture from previously prepared materials, and excluding the use of drop hammers, automatic screw machines, punch presses exceeding five tons capacity and motors exceeding one horsepower capacity that are used to operate lathes, drill presses, grinders or metal cutters: -- Aluminum products. -- Appliance assembly, electrical, electronic and electromechanical. -- Bone products. -- canvas products. -- Cellophane products. -- Cloth products. -- Cosmetics, excluding soap. -- Equipment assembly, electrical, electronic and electromechanical. -- Felt products. -- Fur products. -- Glass products and'stained-glass assembly, provided no individual crucible shall exceed a capacity of 16 square feet. -- Golf ball manufacture. -- Instrument assembly, electrical, electronic and electromechanical, including precision machine shops. -- Jewels manufacture. y -- Leather products, excluding machine belting. Sec. 28.230 (Cont.) CHAPTER 22.28 -- Acetals, working and casting of rare, precious or semiprecious metals. -- Metal plating. -- Optical goods manufacture. :w -- Paper products. Perfume manufacture. . -- Phonograph records manufacture._______ _ -- Plastic products. -- Shell products. -- Stone products. -- Textile products. -- Toiletries, products. -- Wicker and bamboo products. -- Yarn products, excluding dyeing of yarn.. 2. Food processing -- Bakeries. -- Candy and confectioneries. -- Fruit and vegetable juices. -- Ice cream. 22.28.240 ACCESSORY USES. Premises in Zone C -M may be used for: A. The following accessory uses, subject to the same limitations and conditions provided in Section 22.28.040 (Zone C -H): -- Accessory buildings and structures. -- Building materials, storage of: B. The following additional accessory uses, subject to the same limitations and .conditions provided in Section 22.28.190 (Zone C-3): -- Manufacturing, processing, treating and packaging incidental to and operated in conjunction with the business conducted on the premises, except as otherwise provided as a principal use in Section 22.28.230. C. The following additional accessory uses: - Signs as provided in Ordinance 5(1991). 22.28.250 USES SUBJECT TO DIRECTOR'S REVIEW AND APPROVAL. If site plans therefor are first submitted to and approved by the Director, premises in Zone C -M may be used for: A. The following uses, subject to the same limitations and conditions provided in Section 22:28.050 (Zone C -H): -- Access to property lawfully used for a purpose not permitted in Zone C -M. -- Christmas trees and wreaths, the sale of. -- Live entertainment, accessory, in a legally established bar, cocktail lounger or restaurant having an occupant load of less than 200'people, where in full compliance with the conditions of Section 22.56.1754. 22.28.260 USES SUBJECT TO PERMITS. Premises in Zone C -M may be used for: A. The following uses, provided a conditional use permit has first been obtained as provided in part l of Chapter 22.56, and while such permit is in full force and effect in conformity with the -conditions of such permit for: Sec. 28.260 CHAPTER 22.28 - Adult businesses in addition to those specifically. classified in this section, including but not limited to, love nude studios, sexual catharsis centers, sexual encounter parlors, stores and other similar uses, provided shops, sexual novelty such uses shall not be located that, as a`'condition of use, and within a 1,000. -foot radius of any other adult business, 190. subject to the provisions of Section 22.56. - Alcohol sales for on or off-site consumption. Ambulance services. Amphitheatre.ng y_g merr o - Amusement rides and devices ans, slides, rounds, ferris wheels, swings, tobolonger than seven rebound -tumbling and similar equipment far days. _ adult, provided that, as a condition of - Arcades, 000 foot radius of use, such use shall not beandlocated subject to theprovisionsof any other adult business, Section 22_56Ar90. cades, game or movie. __.Archery ranges. -- Automobile, boat, motorcycle, leaseaorovehicle, rental trailer, trucks and similar vehicles sale, conducted witAutomobilesbodygand fenderarepair, painting and of to the upholstering, when incidentalandfenderlrepaireshops, provided Automobile body that all operations are impound yards, subject hin an ctosthe bconditions Automobile impound of Part 4 of Chapter 22.52r except as otherwise prescribed by the in approving an application therefor. shops, provided CommissionP , that all operations are conducted within an enclosed building. Bars and cocktail lounges, Duo Billiard halls. air of Boats, minor rep . as a condition of -- Bookstores, adult, provided that, 000 -foot radius of. use, such use shall not be locateewithin he provisions of Section any other adult business and subject 22.56.190. Bowling alleys. Boxing arenas. -- ne service stations. Butane and propa -- Cabarets, provided that, as a condition of use, such C use shall not ab d within a 1,000 -foot radius of any other locate adult business, and subject to the provisions of Section 22.56.190. Cardrooms or clubs. for including pony rides, Carnivals, commercial, longer than seven days•tem or other places used exclusively les Churches, p customary incidental educational for religious worship, including in conjunction therewith. and social activities -- Circuses. -- convents and monasteries. -- Dance halls. __ Dog kennels. -- Earth stations. -- Electric transmission substations and generating plants, 'including microwave facilities used in conjunction with any one thereof. -- Escort bureaus. -- Games of skill. -- Gas, indus'tri•al, including oxygen, acetylene, argon, carbon dioxide and similar gases in Interstate Commerce Commission approved -type cylinders. --_Gas _distribution _depots, public utility. - Golf driving ranges. -- Gymnasiums. -- Health clubs or centers. -- Heliports. -- Helistops. -- Hospitals. -- Hospitals, small animal. -- Hotels. -= Live entertainment, accessory, in a legally established bar, cocktail lounge or restauranthaving an occupant load of less than 200 people, where the conditions of Section 22.56.1754 have not or cannot be met. This provision shall not be construed to authorize the modification of development standards required for establishment of such bar, cocktail lounge or restaurant, except as otherwise provided by Part 2 of Chapter 22.56. -- Massage parlors, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. -- Miniature golf courses. -- Mobilehome parks, subject to the conditions of part 6 of Chapter 22.52. -- Mobilehomes,for use by a caretaker and his immediate family, in accordance with Part 6 of Chapter 22.52. -- Model studios, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section .22.56.190. -- Motels. -- Night clubs. -- Parcel delivery terminals. -- Parking lots and parking buildings. -- Outdoor dining, where the conditions of Subsection G of Section 22.28.070 have not or cannot.be met. -- Pool halls. -- Public utility service yards. -- Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this section. -- Radio and television stations and towers. -- Recreation clubs, commercial, including tennis, polo, swimming and similar outdoor recreational activities, together with appurtenant clubhouse. -- Revival meetings, tent, for longer than seven days. -- Rifle, pistol, skeet or trap ranges. -- Shooting galleries. -- Signs as provided in Part 10 of Chapter 22.52. -- Skating rinks, ice or roller. -- solid fill projects. Sec. 22.28.260 (Cont.) CHAPTER 22.28 -- Steam or sauna baths. -- Storage, temporary, of materials and construction equipment used in construction or maintenance of streets and highways,. sewers, storm drains, underground conduits, flood control works; pipelines and similar uses, for a period not to exceed one year. -- Swap meets. -- Theaters, adult, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. -- Theaters and other auditoriums. -- Temporary uses as provided in Part 14 of Chapter 22.56. 22.28.270 DEVELOPMENT STANDARDS. Premises in Zone C -M shall be subject to the following development standards: A. That not to exceed 90 percent of the net area be occupied by buildings, with a minimum or 10 percent of the net area landscaped with a lawn, shrubbery, flowers and/or trees, which shall be continuously maintained in good condition. Incidental walkways, if needed, may be developed in the landscaped area. B. That there be parking facilities provided as required by Part 11 of Chapter 22.52. . C. Outside Display. All display in Zone C -M shall be located wholly within an enclosed building except for the following: -- Amusement rides and devices. -- Automobile service stations, limited to automobile accessories and facilities necessary to dispensing petroleum products only. -- Carnivals, commercial. -- Christmas trees and wreaths, the sale of. -- Electric distribution substations. Gas metering and control stations, public utility. -- Parking lots. Restaurants and other eating establishments, including food take-out, subject to the standards specified by Subsection.G of Section 22.28.070. - Signs, outdoor advertising. D. Outside Storage. Outside storage is permitted on the rear of a lot or parcel of land in Zone C -M when such storage is strictly incidental to the permitted use existing in a building on the front portion of the same lot or parcel of land, and provided no storage is higher than the enclosure surrounding it nor nearer than 50 feet to the front property line Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate, not less than five feet nor more than six feet in height, except that the Director may approve the substitution of a fence or decorative wall where, in his opinion, such wall or fence will adequately comply with the provisions of this section. All such requests for substitution shall be subject to the provisions of Part 12 of Chapter 22.56, on Direotor!s review. E. Planned Development. Property within the C-M Zone and located at the southwest corner of.Grand Avenue and Golden springs Drive shall, upon application for development approval or subdivision,- concurrently submit a Planned Development (Master Plan) for Conditional Use Permit approval. The purpose of the Planned Development is to encourage consolidation or integration of land uses in order to achieve superior design, land use efficiencies, cohesive appearance, coordinate access and reduce incremental development_costs. RESOLUTION NO. 92-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.ESTABLISHING WATER EFFICIENT LANDSCAPE REGULATIONS. A. Recitals (i) The City Council of the City of Diamond Bar hereby finds that the Water Conservation In Landscaping Act (California Government Code 65591, et seq.) mandates each city to adopt water efficient landscape regulations by January 1, 1993, in an effort to reduce water consumption in landscaping. (ii) The City of Diamond Bar worked with the East San Gabriel Valley Planning Committee to develop the Water Efficient Landscape Regulations (Attachment A). (iii) The City Council determines that implementation of the Water Efficient Landscape Regulations will benefit the City by assuring that available water resources are put to a reasonable and beneficial use for all residents in the City of Diamond Bar. B'. Resolution Now therefore, the City council of, the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects as set forth in Recitals, Part A, of this resolution. 2. The proposed regulations will not be materially injurious or detrimental to real property or improvements nor will the same have a significant adverse impact upon the environment. 3. Regulations set forth in Attachment A have been reviewed and considered in accordance.with the provisions of the 1992. California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and, further, finds that it can be seen with certainty that there is no possibility that the amendments set forth may have a significant effect on the environment and said amendments therefore are not• subject to the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061 •(b) (3) of Division 6 of Title 14 of the California Code of Regulations. 4. The proposed regulations would conform to the goals and objectives of the General Plan pursuant to Ordinance No. 4 (1992), further the beneficial interests of the City and satisfy the objectives and intent of the General Plan. 5. The City Council of the City of Diamond Bar hereby adopts the Water Efficient Landscape Regulations set forth in Attachment A. 6. The City Clerk shall: a. Certify the adoption -of this Resolution. b. Forthwith transmit one (1) certified copy of this Resolution to the California Department of Water Resources, Water Conservation office, attention Marsha Prillwitz, P.O. Box.942836, Sacramento, CA 94236-0001. PASSED AND APPROVED this 15th day of December MAYdR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 15th day of December , 1992 by the following vote: AYES: COUNCILMEMBERS: Fotbing, Werner, MacBride, Mayor Pro Tem Papen, Mayor Kim NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ATTEST:QLd2�-�2.CJQ� Citk Clerk, City f Dimond Ear STATE OF CALIFORN3 COUNTY OF LOS ANGELES I SS CITY OF DIAMOND BAR 1, LYNDA BURGESS, CITY CLERIC OF THE CITY OF DIAMOND BAR, DO HERE' Y CERTIFY UNDER c.';ALTY OF PERJURY UNDER THE LAWS OF THE . ;"ATE OF CALIFORNIA Ti;E FORGOING TO BE A FILL, TRUE AND COR. -,CT COPY OF THE ORI(ANAL AS SAME AP?', -.A -R5 ON FILE IN MY OFFICE. IN WITNESS WHEREOF, I HAVE HEREUNTO SET SIY HAND AND AFFIXED THE S L OF THE CITY OF DIA ND BAR, THIS _%7 DAY OF 19 LYNDA BURGESS, CITY CLERK BYs Deputy \ ATTACHMENT A NATER EFFICIENT LANDSCAPE REGULATIONS 1 Purpose 2 Definitions 3. - Applicability 4 Landscaping Documentation Package 5 Elements of Landscape Documentation Package 6 Water Efficient Landscaping Criteria 7 Existing Landscapes 8 Minor Deviations 9 Public Education SECTION 1 PURPOSE These regulations are established in order to provide minimum standards and guidelines for the design and installation of landscaping and irrigation systems within specified development trojects. The primary intent is to enhance the visual quality of the environment through suitable landscape design, planting and maintenance, and therefore, to recognize and encourage water conservation principles and techniques in landscaping. SECTI�JN 2 DEFINITIONS "Community Development Director" means the City of Diamond Bar Community Development Director or his/her designee. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated annual Water use" means the annual estimated water use of a landscape that is based, upon irrigation efficiency, precipitation rates, and scheduled length of water applications. This should be expressed in inches of irrigation water per square foot of landscape area per year. "Evapotranspiration" means the total water loss from the soil, including that by direct evaporation and that by transpiration from the surfaces of plants. "Hydrozone'® means a portion of the landscaped area having plants with similar water needs ihat"are sezwed-by a valve or set of valves with the same schedule.. . A;, hydrozone. may be. irrigated or non -irrigated. For example, a naturalized area planted with native vegetation what willhat need supplemental irrigation once established is anon -irrigated hydrozone. "Infiltration rate►" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Landscaped area" means the entire parcel less the building footprint, driveway, non -irrigated portions of parking lots, hardscapes - such as decks and patios other non -porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included. "Mulch" means any material such as leaves, bark, straw, compost, manure or other materials left loose and applied to the soil surface to reduce evaporation. "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non -landscaped areas. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Rehabilitated landscape" means any relandscaping project that requires or is a component of a required permit, including a grading permit, building permit or use permit. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Turf" means a single -bladed grass or sod. "Water efficient irrigation" means the scheduling and management of an irrigation system to supply moisture to a landscape without excess or waste in compliance with the landscape/irrigation criteria set forth in these regulations. "Water efficient landscaping" means a landscape that is designed and maintained to function in a healthful and visually pleasing manner in compliance with the landscape/irrigation criteria set forth in these regulations. This generally involves the strategic use of plants -which have minimal water requirements for subsistence, plants native to hot/dry environments, xeriscape, and hardscape to achieve an overall landscape concept which is water conserving. "Wind sensing device" means a device that automatically shut off the irrigation system during times of heavy wind. SECTION 3 APPLICABILITY These regulations shall apply to all new and rehabilitated landscaping undertaken in conjunction with any public agency or Private development project, which project otherwise requires grading, building, or use permit, or deve loper=inst al led landscaping in single-family and multi -family projects, provided that the following shall be exempt: a. homeowner -provided landscaping at single-family and multi -family projects; b. cemeteries; C. historical sites registered with the City d. ecological restoration projects that do not require a permanent irrigation system; e. public parks; f. any public land or publicly owned facility; g. any project with a landscaped area less than 2,500 square feet; h. school play yards; i. childcare facility playyards; or j. golf courses.. SECTION 4 LANDSCAPE DOCUMENTATION PACKAGE a. A copy of the landscape documentation package conforming to these regulations and landscape plan check fee as set forth by the City Council shall be submitted. No permit shall be issued until the Community Development Director reviews and approves the landscaped documentation package. b. A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. c. . Each landscape documentation package shall include the following elements, as described in these regulations: 1. Landscape Design Plan 2. Irrigation Design Plan 3. Certificate of Substantial Completion (To be submitted after installation of the project.) 4. Such other information as deemed necessary by the Community Development. Director, including, but not limited to, a grading design plan 'and/or soil analysis. SECTION 5 ELEMENTS OF LANDSCAPE DOCUMENTATION PACKAGE 1. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package. a. Plant Selection and Grouping i. Plants having similar water use shall be grouped together in distinct hydrozones. ii. Plants shall be selected appropriately based upon their adaptability to the climatic, geological, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of these regulations. A list of recommended planting materials shall be kept on file with the Community Development Department and made available upon request. Alternative materials may be used when the. overall landscape plan conforms with the intent of these regulations. iv. Fire prevention needs shall be addressed in areas that are fire prone. V. Overall, the landscape design plan shall provide for a water efficient landscape concept. b. Water Features i. Recirculating water shall be used for decorative water features. ii. Pool and spa covers are encouraged. C. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies: i. Designation of hydrozones and a description of water usage within said hydrozones (low, moderate, and high irrigation water requirements). ii. Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn plants labeled by botanical name., common name, container size, spacing, and quantities of each group of plants indicated- iii. Property lines and street names. iv. Streets, driveways, walkways, and other paved areas. V. Pools, ponds, water features, fences and retaining walls. vi. Existing and proposed buildings and structures including pad elevations if.applicable. vii. Natural features including but not limited to rock outcroppings, existing trees, shrubs that will remain. viii. Tree 'staking, plant installation, soil preparation details, and any other applicable planting and installation details. ix. A calculation of the total landscaped area and + percentage of turf area. X., .Designation of recreational areas. 2. Irrigation Design.Plan. An irrigation design plan meeting the following requirements shall be submitted as part of the Landscape Documentation Package. a. Water efficiency. The irrigation design plan shall provide for a water efficient irrigation system. b. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, .roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet, and in median strips. C. Equipment. i. Water Meters - Separate landscape water meters shall be installed for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet. ii. Controllers.- Automatic -control systems -shall - be required for all irrigation systems and must be able to accommodate all aspects of the design. Valves - Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti -drain (check) valves shall be installed in strategic points to minimize or prevent low -head drainage. iv. Sprinkler Heads - Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. V. Rain sensing override Devices - Rain sensing override devices shall be required on all irrigation systems. vi. Soil Moisture Sensing Devices - It is recommended that soil moisture sensing devices be considered where appropriate. d. Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones. The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for'the landscape design plan described in Section 5 (1). The irrigation design plan shall accurately and clearly identify: 1• Location and size of separate water meters for the landscape. ii. Location, type, and size of all components of the irrigation system, including but not limited to automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices. Static water pressure at the point of connection to the public water supply. iv. Flow rate (gallons per minute), application rate (inches per hour), anddesign operating pressure (psi) for each station. V• Estimated annual water use expressed in inches per square foot of landscape area per year. 3. Certificate of Substantial Completion. Prior to the final of building permits, the developer shall submit a Certificate of Substantial Completion to the City Utilizing forms designated for this purpose. A Certificate of Substantial Completion shall include results of a static water test and a water coverage test to determine the adequacy of the installed irrigation system. SECTION 6 WATER EFFICIENT LANDSCAPE CRITERIA Landscape and irrigation plans shall be reviewed for compliance with the water efficient landscape criteria. These comprise a point system with points awarded for both landscape and irrigation techniques. A minimum of one -hundred points shall be achieved in each technique category in order for the Department of Community Development to approve said plans. Landscape Techniques Points Water conserving plants, and/or plants native 40 to hot/dry summers, utilized in seventy-five (75) percent of the total plant area of the landscape. Turf limited to thirty (30) percent of the total 30 landscape area in residential projects; twenty (20) percent of the total landscape in all other projects. In no case shall turf make up more than fifty (50) percent of the total landscape. Use of creative, thoughtful, and diverse 30 hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them. Mulch utilized in the landscape (three (3) inches 10 minimum). Hardscape, or non -irrigated surfaces .used in at 10 least ten (10) percent of the total landscape. Where turf is utilized, the use of a proven 10 water -conserving turf. Soil amendments to improve water holding 10 capacity of soil incorporated into soil preparation details. Irrigation Techniques Points The total amount of irrigation water applied 40 to all landscape areas does not exceed 42 inches per square foot of landscape area per year.* Low-water volume irrigation system. 20 Automatic irrigation system adjusted seasonally 20 and with watering hours between 7:00 p.m. and 10:00 a.m. Irrigation system designed to water different 20 areas of the landscape based on watering need- (drip/trickle for shrubs, separate valves, etc.). Sensitive to slope factors. 10 Soil moisture sensors used in conjunction with 10 the automatic irrigation system. Rain sensors used in conjunction with 10 the automatic irrigation system. Wind sensors used in. conjunction.. with_ the 10 automatic irrigation system. Recommended annual irrigation schedule for 10 informational purposes. Use of reclaimed or recycled water in accordance. 60 with Health and Safety Codes. * This amount is based upon a formula set forth by the State Department of Water Resources which states the maximum applied water budget for landscapes in the San Gabriel valley region should be 80 percent of the annual evapotranspiration (53 inches per year). Therefore: 0.80 x 53 inches .= 42 inches. SECTION 7 EXISTING LANDSCAPES Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non- irrigated areas, walks,. roadways or structures is•prohibited. All landscape areas, whether .installed pursuant to these regulations or not, shall be maintained in a healthful and sound condition. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of these regulations. Landscapes shall be maintained -to ensure water efficiency. A regular maintenance schedule should include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the, automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. SECTION 8 MINOR DEVIATIONS A. The Community Development Director, without public hearing, may grant minor deviations from regulation requirements limited to the following: 1. Minor modifications to approved landscaping, irrigation or grading plans which comply with the spirit and intent of these regulations, including but not limited to revising or substituting plant varieties, container sizes, plant locations, irrigation specifications, hardscape components, berm heights, berm locations, slope features, and the like; and 2. Modifications of planting, installation and/or soil preparation details. 3. Final of permits prior to installation of landscaping due to exceptional and unforeseen circumstances.... B. In granting a minor deviation, the Community Development Director may impose conditions as deemed necessary to comply with the spirit and intent of these "regulations. C. The Community Development Director's decision may be appealed to the.Planning Commission in writing. The Commission shall decide the matter de novo. A public hearing shall not be required in granting a minor deviation. SECTION 9 PUBLIC EDUCATION A. Developers of residential units shall provide information to prospective buyers of new homes regarding water efficient landscaping techniques. - B. Developers of non-residential units shall provide information to prospective buyers or tenants regarding water efficient landscaping techniques. CITY OF DIAMOND BAR SIGN ORDINANCE SECTION 100. PURPOSE AND INTENT. The purpose and intent of the Sign Ordinance is as follows: A. To encourage the use of modest signs with due regard for the needs of the business community. B. To encourage signs which are harmonious with other existing signs. C. To assure an appropriate level of review prior to approval of sign permits. D. To bring existing signs, as much as.is feasible, into compliance with the provisions of the Sign Ordinance. SECTION 102. SIGN PERMITS A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER. 1. Permits are required for all signs except those specifically exempted from the permit requirements by this sign Ordinance. 2. Permits may be issued by the Director for all signs listed in Section 108 of this Ordinance (Basic Sign Program), subject to those conditions listed in Section 102.D (Guidelines) of this Ordinance. 3. Permits may be issued by the Director, upon direction from the Planning Commission or City Council for any sign(s) listed within (Section 110) (Planned Sign category) upon Revised 9-15-91 1 the completion of a sign permit application and approval by the Planning Commission. 4. The Planning Commission is authorized to approve or deny Sign Review applications and to impose reasonable conditions upon such approvals, subject to the right of appeal to the City Council. Conditions may include, but shall not be limited to, such conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to make findings consistent with Section 102.D, and 104 of this Ordinance. B. APPLICATION FOR PERMITS Applications for sign permits shall be made upon forms provided by the Director and shall contain, or have attached thereto, the following information and material: 1. The name, address, and telephone number of the owner of the property on which the sign(s) are to be located. 2. The name, address, and telephone number of the applicant and owner of the sign. 3. The name, address, and telephone number of the sign contractor, if any. 4. The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. 5. Three (3) copies of a site plan and architectural elevations showing the: R-imd 9-15.91 2 a. Sign(s) height, size, proposed colors, type style, elevation above final grade level, proposed location on the premises of the sign structure, its relationship to adjacent signs, buildings or structures, the method of illumination and the colors and materials proposed to be used. b. Structural details and calculations signed by a person competent and qualified to prepare such information. The Director may, in.his or her sole discretion, waive such requirement. 6. Photographs showing the premises and adjacent property at the time of making the application. 7. Such other information as the Director shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the City. C. REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS 1. In consideration of the issuance of a sign permit, the factors noted below shall be utilized by the Director or Planning Commission, as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this Ordinance. 2. An appeal from a decision of the Director relative to the application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after the date of mailing of notification to the Applicant by the Director that any submitted sign proposal Revised 9-15-91 ' 3 has been denied or modifications are required to effect conformance with the guidelines. An appeal from the Planning Commission decision may be made to the City Council if such appeal is filed with the City Clerk in writing within ten (10) days after the date of mailing of notification of the Planning Commission action. D. GUIDELINES: In determining the consistency of each proposed sign with the purposes of this Ordinance, the following guidelines shall be applied: 1. That the proposed sign will be legible to the intended audience under normal viewing conditions, based on its proposed location and the design of its visual element. 2. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color and other similar considerations. 3. That the proposed sign will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of such proposed sign to adjacent properties and surroundings. 4. That the proposed structure, sign or display will be designed, constructed and located so that it will not constitute a hazard to the public. 5. That the proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a Revised 9-15-91 4 freeway, unless specifically provided for under the terms of this Ordinance. E. FEES A Sign Permit processing fee, as determined by resolution of the City Council, shall be collected by the Director upon application for any sign permit or appeal thereof. SECTION 104. GENERAL REGULATIONS A. No freestanding sign shall be located less than 25 linear feet from an adjoining property line, except that a sign may be located no less than 10 feet from the ultimate street right-of-way. B. Signs shall be constructed of fire resistant material. Where glass or plastic are used, these materials shall be shatter -resistant. C. The Director may approve minor alterations of signs approved within a planned sign program. D. Signs shall be compatible with the architectural style, design, material and color of buildings attached or adjacent to signs. E. No sign shall be placed on or over a public right- of-way unless permission has been granted by the City Council or the Council's designee. F. sign copy in non-Latin/Roman symbols, numerals, or alphabet characters must contain thereon a generic description ReAi .d 9-15-91 5 written in English of the nature of such business or use. Such translation shall be visible from the nearest public street. G. Business signs shall be limited to those portions of a building within which.such business is located or conducted. H. No sign, whether permanent or temporary, including any supporting structure and lighting thereof, shall present any hazard to the safety or pedestrian or vehicular traffic by obstructing the flow of such traffic by obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, by interfering with the visibility and effectiveness of any traffic control, or warning device, or in any other manner. I. All freestanding signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet of sign face area. Address plates shall not be calculated against the permitted sign face area. SECTION 106. DEFINITIONS A. Advertising device: Any balloon, flag, pennant, banner, propeller, oscillating, rotating, pulsating or stationary light or other contrivance (except lawfully permitted signs) used to attract attention. (See "Sign".) B. Advertising display: Any device, contrivance, statue or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention. Revised 9-15-91 6 C. Advertising structure, outdoor: A structure of any kind or character erected or maintained for the purpose of advertising a business, activity, service or product not sold or produced on the premises upon which said structure is placed. D. Alteration: Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. E. Area of a sign: The total exterior surface of a sign within the single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming any integral part of the display. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. Unless otherwise specified, the supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display. F. Attached sign: A sign which is permanently affixed to a building, including wall signs. G. Attraction board: A changeable copy wall or freestanding sign which contains messages related to upcoming events at theaters. Revised 9-15-91 7 H. Awning sign: A sign attached to or written upon an awning, canopy or marquee. I. Banner sign: A sign hung with or without frames, possessing written communication applied to non -rigid paper, plastic, non -rigid material or fabric of any kind, and capable of being viewed from any public right-of-way, parking area, or neighboring property. J. , Building frontage: The lineal extent of a building or use which has frontage on either a public right- of -way or parking area. The length of the building facing the public right-of-way or parking lot shall be used to determine the amount of signage permitted. K. Building identification sign: A sign attached to a building which designates the name and/or address of the building or organization. L. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. M. Canopy sign: A sign which is not illuminated, which is attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way. (See "-Awning sign".) N. Changeable copy sign: Any sign designed and intended to have an easily and readily changeable copy. (see "Attraction board".) Revised 9-15-91 Sign C � Ie ei�, Sigh c hei9k# fo curb Sign (9►-c4e level) S19h is closest fo bull Hing 67P,5Zfi CURB �,d i , Sln 19 (Mvwtv919h closest to cur� ,`,"t Rcvis d 08.26.91 8 A AfLUM r A O. Civic organizations sign: A sign which has copy limited to organization name, address, and civic, patriotic or .religious events conducted on the property. P. Commercial center: Any site containing two (2) or more commercial activities, for which signage is proposed. Q. Condominium, subdivision or rental community sign A permanent wall or freestanding sign which has copy identifying the name of the condominium, subdivision or rental community, including apartments, located on the property. R. Construction sign: A temporary sign which states the name of the future site occupant and/or the name, address and/or phone numbers of related construction, architectural, and financial firms. S. Director: The City of Diamond Bar Director of Community Development or his/her designee. T. Electronic message board sign: A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays. U. Entrance/Exit signs: A sign which has copy limited to the words "Entrance" or "Exit" and is located at commercial driveways or mounted at building entrances or exits. V. Flag: An advertising device, but not including national flags or flags of political subdivisions. W. Flashing or animated sign: A sign intermittently emitting light, or which has any illumination which is not Revised 9-15-91 9 maintained in constant intensity, color or pattern, including electronic reader boards, except time and temperature displays. X. Freestanding sign: Any sign permanently or temporarily attached to the ground which is not attached to a building as its structural support. Y. Grade level: Ground elevation at the closest point of the adjacent building or curb level of the adjacent right-of- way, whichever is closer to the location of the sign (see illustration) Z. Grand opening sign: An on premise sign advertising the opening of a new business. AA. Government offices and quasi -official signs: A sign displaying information pertaining to services offered by City, County, State or other official governmental agencies. BB. Height of a sign: The vertical distance measured from grade level along the base of the sign structure, to the highest point of the structure (See illustration). CC. Hours of operation sign: A wall or window sign designating hours of opening and closing. DD. Illuminated sign: A sign which has characters, letters, figures, designs or outline backlighted or internally illuminated by electric lights or luminous tubes. EE. Incidental sign: A wall or window sign indicating type of credit card accepted, trade affiliation, etc. FF. Institutional sign: A sign which has copy limited to the name/address of an institution located on the property, i.e., a hospital, school, library or other public facility. R.A.ed 9-15-91 10 GG. Liquidation sign: An on -premise sign advertising a one time only clearance, liquidation or going out of business sale: HH. Logo: A name, symbol, or trademark of a company, business, or organization. - II. Menu board: A changeable copy wall or freestanding sign limited to a listing of food sold on premises, including prices. JJ. Monument sign: A low profile freestanding sign which may be internally or externally illuminated, erected with its base on the ground and which is designed to incorporate building materials which complement the architectural theme of the buildings on the premises. KK. Nameplate: A wall mounted sign identifying the building by name, address, or ownership. LL. Nonconforming sign: A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter. MM. Outdoor advertising sign: A sign, including billboards, or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that are not produced, stored, serviced or sold on the property upon which the sign or structure is located, but not including travel direction or bus/bench shelter signs in public rights-of-way. NN. Portable sign: A sign not securely attached or fixed to the ground or to a permanent structure; or a vehicle or trailer used as a stationary advertising display, the primary R ­ hi d 9-15-91 11 purpose of which is to serve as a base, platform, or support for the sign, or to which the sign is otherwise affixed or attached,. 00. Pole sign: A freestanding sign supported by one or more uprights. PP. Political sign: A temporary sign conveying a message relating to a political issue, candidate, upcoming election or ballot issue. QQ. Price sign: A sign limited to the name or identification of items or products for sale on the premises, and the price of said items or products. Revised 9-15-91 12 �z ,n z� s D R -i- 08.26.91 13 Z� d � f Z 0 � � ti i q Z �z, Z 4 R -i- 08.26.91 13 RR. Projecting sign: A sign which projects more than twelve (12) inches from a building and is dependent upon such building for its support. SS. Real estate sign: A temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. TT. Roof sign: An attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline. UU. Sian: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background thereof. VV. Sian copy: Any word, letter, number, figure, design or other symbolic representation incorporated into or depicted upon a sign. WW. Sign face: The area or display surface used for the message. XX. Sian structure: Any structure which supports any sign. YY. Site: One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveway, parking and landscaping. Revised 9-15-91 14 ZZ. Special event sign: A temporary sign which conveys a message related to a civic, patriotic or religious event. AAA. Subdivision/model home sign: A sign which identifies a subdivision for sale, and which is located on the .property being -advertised. __. BBB. Temporary Holiday Lighting or Window Trimming: Low intensity lighting consisting of continuous bulbs which may flash or blink'used to commemorate a patriotic, civic or religious event, or decorative trim surrounding the window. CCC. Temporary sign: Any sign displayed for a limited period of time and capable of being viewed from any public right- of-way, parking area, or neighboring property. DDD. Wall sign: Any sign which is attached, erected, or painted on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than twelve (12) inches from the building. EEE. Window sign: Any sign posted, placed or affixed in or on any window visible from the exterior of the structure. through a window. SECTION 108. BASIC SIGN PROGRAM. The following signs may be approved by the Director. A. Permanent: 1. Wall signs for individual uses: Max. Area: 1.25 sq. ft. per 1 lineal foot frontage, to a maximum 125 Rind 9.15-91 15 sq. ft. per use. Sign shall not exceed 80% of building frontage. Max. Number: 1 per outer wall Special Conditions: No permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without Planning Commission review and approval. Zone: All 2. canopy and awning signs: Max. Area: Limited to letters or numbers no greater than 7 inches in height designating business name or address. Max. Number: l per use Zone: Commercial 3. window signs: Max. Area: 25 percent of contiguous window area or 100 square feet, whichever is less. Location: First or second Floor Only Zone: Commercial and Industrial 4. Government flags over 12 sq. ft. in area or 6 ft. in height: Max. Area: Determined by Director Max. Height: 35 feet Re iu4 9-15-91 16 Max. Number: Determined by Director Zone: All 5. Building Identification Sign: Max. Area: 36 sq. ft. Max. Height; Must be mounted at a height no less than 25 ft. Max. Number: 1 per building Special Conditions: (a) Signs mounted at a building level higher than 45 feet may be no larger than 2% of the vertical exterior wall upon which the sign is located; (b) Up to 4 Building Identification Signs may be approved for buildings when such signs are mounted at a building height greater than 75 feet, limited to one sign per building side; (c) Up to two Building Identification Signs may be approved when signs are mounted higher than 45 ft.; (d) Building Identi- fication Signs larger than 36 sq. ft. may not be used on properties containing freestanding signs; (e) Building Identification Signs shall not be counted towards maximum sign area; and (f) Building Identification signs are allowed only on buildings the heights of which are no less than 35 feet. Zone: commercial 6. Attraction Board: Max. Area: 24 sq. ft. Rcvis.d 9-15-91 17 Max. Height: 6 ft. in commercial zones Configuration: Freestanding monument or wall sign Max. Number: 1 per use Location: Same as Basic Sign Program Special Conditions: Attraction Boards may be used only in conjunction with theaters. Theatre marquees may exceed one per use and a maximum of 24 sq. ft. for wall signage to a maximum of 100 sq. ft., as shall be determined by Planning Commission. B. Temporary: 1. Commercial Real Estate Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number 1 per site Max. Freestanding Height: 6 ft. Special Conditions: Permit valid for one year after permit issuance, may be renewed. Zone: Commercial or Industrial 2. Construction Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per site Max. Freestanding Height: 6 ft. Special Conditions: Permit for sign issued after construction permit is issued; sign Revised 9-15.91 18 must be removed upon issuance of occupancy permit. Zone: All 3. Subdivision/Model. Home Sales Sign: Max. 'Area:_ 16 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per entrance Max. Freestanding Height: 4 ft. Special Conditions: Permit valid for six months, renewable. Zone: All 4. Grand Opening Sign: Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use. Special Conditions: Permit valid, once a calendar year, for a maximum of 30 days Zone: Commercial 5. Liquidation Sale Sign Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use Special Conditions: Permit valid, once a calendar year, for a maximum of 30 days Zone: Commercial 6. Special Event Sign: Max. Area: 24 sq. ft. Rc iwd 9-15-91 19 Configuration: Wall, Window or Portable Max. Number: 1 per use Zone: All Special Conditions: Permitted once per calendar year. Must be removed within ten days following special event. Permit issued not more than 60 days prior to event. Zone: Commercial 7. Temporary Holiday Lighting or Sign: Max. Area: As may be deemed to be Configuration: suitable at the discretion Max. Number: of the Planning Director Special Conditions: Permit valid for a maximum of 60 days per calendar year. Maximum .bulb intensity of 25 watts. Trim not to exceed 7" in height or width. Zone: All 8. Temporary Searchlight Permit: Max. Area: N/A Configuration: N/A Max. Number: 1 Searchlight per property Special Conditions: A temporary searchlight permit may be used for special events such as, but not limited to, Grand Openings and Premier showings. Such permits may be granted for a maximum period of ten days. The ten days may be consecutive or may occur Revised 9-15-91 20 within a 30 day period. Permit shall be granted one time per year. Zone: Commercial SECTION 110. PLANNED SIGN PROGRAM The following signs must be approved by the Planning Commission: A. Sign illumination may be approved subject to the following conditions: 1. No lighting shall interfere with traffic or regulatory lighting in color or intensity, nor create confusion for motorists or pedestrians in travel. 2. The intensity of lighting and the hours of operation shall be restricted for sign illumination visible from, directed toward or reflecting upon residential properties. 3. Lighting shall be consistent with existing conforming commercial and/or residential properties. B. For single use buildings with 200 feet or more of frontage, a Planned Sign Program may be approved which exceeds the maximum aggregate sign area up to a limit of 200 sq. ft., provided that: 1. No single wall sign so approved exceeds 125 sq. ft., and no freestanding sign exceeds 24 sq. ft., except as stated by the provisions of this Ordinance. 2. Any two signs placed on the same frontage which taken together exceed 125 sq. ft. shall be separated by no less than one-half the length of the building frontage. Revised 9-15-91 - 21 C. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 100 sq. ft. per use, except as stated by the provisions of this ordinance. D. Standards: 1. Freestanding Monument: Max. Area: 24 sq. ft. Max. Number: 1 per frontage Max. Height: 6 feet Zone: Commercial and industrial 2. Wall Signs for multi -use buildings or commercial centers: Max. Area: 1.25 sq. ft. per 1 lineal foot of frontage per use to a maximum of 125 sq. ft. per street level uses plus 1 sq. ft. per 1 lineal foot of frontage per establishment up to a maximum of 100 sq. ft. for uses not located at street level which are visible from the street, courtyard, or public parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. Max. Number: 1 per use per outer wall Location: Same as Basic Sign Program Revised 9-15-91 ' 22 Special Conditions: Businesses with frontages less than 25 feet may be approved for sign area up to 30 sq. ft. An additional sign may be permitted on a wall other than the wall which contains the front entrance, provided said wall faces a public right-of-way and such signage does not exceed one (1) square foot per linear foot of frontage for each business, to a maximum of 100 square feet. Zone: Commercial and Industrial 3. Freestanding Monument Signs for commercial centers: Max. Area: 72 sq. ft. Max. Height: 6 feet Max. Number: 1 sign per frontage along public streets. Special Conditions: Shall not be counted toward maximum sign area otherwise permitted. Zone: Commercial 4. civic Organization Signs/Institutional Signs/Church signs: a. Freestanding Monument: Max. Area: 16 sq. ft., except that such signs may be 24 sq. ft. in any zone if said sign is located on property with frontage on a public right-of- way in excess of sixty-five (65) Revi..d 9-15-91 23 feet in width: Such signs shall be located so as to be viewed from said right-of-way. Max. Height: 6 feet Max. Number: 1 per frontage along public streets Zone: All Special Conditions: Copy may be changeable. Sign must not be located within fifty feet of any residential use. b. Wall Signs• Max. Area: 1.25 sq. ft. sign area per 1 linear foot frontage, to a maximum of 125 sq. ft. in commercial zones. 1 sq. ft. sign area per 1 linear foot frontage, to a maximum of 50 sq. feet in residential zones. Max. Number:. 1 per frontage on public streets. Zone: All special Conditions: Copy may be changeable. Must not be located within fifty feet of any residential use. 5. Condominium, Subdivision or Rental Community Sign: Max. Area: 16 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding monument Max. Number: 1 per frontage in excess of 200 ft. R-i.d 9-15-91 24 Zone: All Special Conditions: Must not be located within fifty feet of any residential use which is not part of the condominium project, subdivision or rental tommunity located on the property. 6. Freeway Oriented Signs: On -Site Freestanding signs may be permitted by Conditional Use permit in lieu.of wall signs which are visible from an adjoining freeway right-of-way, provided: a. Such signs are for the purpose of advertising lodging accommodations on-site. b. It can be demonstrated that wall signage for such lodging accommodations cannot be located on the building itself in a manner which is visible to motorists traveling in either direction along the freeway. C. The highest point of a freestanding sign may not exceed twenty-five (25) feet above the height of the guardrail of the freeway (excluding access ramps) as measured at the point nearest to the proposed signage. d. The maximum dimensions of the sign.face of a freestanding sign shall be eight (8) feet in height and sixteen (16) feet in width. Special Conditions: If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, such uses may also be identified on the freestanding sign approved for lodging, provided that: Revised 9-15-91 25 on the sign 1. No more than one use of each type is identified 2. Changeable copy signage is not permitted. 3. The maximum size permitted for a freestanding sign is not exceeded. 4. No wall signage is constructed or is retained which is designed to be visible from the freeway for uses identified on the freestanding sign. 5. Advertising for uses engaged in the sale of food and fuel on a freestanding sign must clearly be subordinate to that of the lodging accommodations. SECTION 112. EXEMPT SIGNS A. Government required traffic and directional signs. B. Official City monument signs located at City limits. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. C. Monument signs on City park grounds or at City facilities. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. D. Entrance/Exit Signs (wall or window): Max. Area: 1 sq. ft. Configuration: wall or window Max. Number: 1 per entrance plus 1 per exit Special Conditions: Must be consistent in color, background and lettering with other signs on the property. Revised 9-15-91 26 Revised 9-15-91 E. Real Estate Signs: 1. Signage shall be located outside of public or private right-of-way Max. Area: 6 sq. ft. Height: 6 ft. above grade Configuration: Freestanding, window (one window sign allowed per lease space) Number: 1 per property Special Conditions: Signage shall be Removed upon sale, lease, rent or withdrawal from the market of the property. May not be used in conjunction with commercial real estate signs. 2. Open House Signing a. Onsite signing: (1) Numerical limitation: not more than four pennants of not more than three square feet each. (2) Such pennants shall be permitted to be placed on the property where the open house is held. No such pennants shall be placed in center medians, over fences or in areas not deemed permitted by this subsection. (3) Such pennants are permitted only during periods when either the property owner or sales agent is present and further subject to the following time restrictions: 27 9:00 a.m. to 6:00 p.m. (4) One (1) sign indicating that an Open House is presently occurring shall be permitted in the front or side yard setback of the property being offered. b. Offsite Signing: (1) Numerical limitation: (a) Not more than two signs, which direct attention to an open house, and where the sign area of each sign does not exceed three square feet, when placed at the intersection of two arterial streets or the intersection of an arterial street and a local street; (b) Not more than one sign, which directs attention to an open house, and where the sign area of each sign does not exceed three square feet, when placed at the intersection of local streets. (2) Such signs shall not be permitted in parkway areas or tree wells. No such signs shall be placed in center medians, over fences or in areas not deemed permitted by this subsection. (3) Such signs are permitted only during periods when either the property owner or sales agent is present and are further subject to the following time restriction: Revised 9-15-91 28 Revised 9-15-91 29 (a) 9:00 a.m. to 6:00 p.m. (4) All such offsite signing shall conform to the provisions of this Code. F. Nameplate/Address .Sign: Max. Area: 4 sq. ft. Configuration: Wall Max. Number: 2 per building Special Conditions: May be illuminated with lighting no greater than 25 watts. G. Hours of Operation: Max.Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per use H. Incidental Sign: Max. Area: 1 sq. ft. Configuration: Wall or window Max. Number: 1 per use I. Security Protection: Max. Area: 1 sq. ft. Max. Height: 1 ft. Configuration: Wall or freestanding Max. Number: 1 per property Special Conditions: May utilize pole uprights. J. No Trespassing Sign: Max. Area: 2 sq. ft. Max. Height: 2 ft. Revised 9-15-91 29 Configuration:. Wall or freestanding Max. Number: 1 per property Special Conditions: May utilize pole uprights. K. Flags: Max. Area: 12 sq. ft. per flag Max. Height: 6 ft. Max. Number: 2 per property Special Conditions: Must represent government body or unit and may be pole mounted. L. Warning Signs as required by Federal, State or City regulations: Max. Area: 4 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding Special Conditions: May use pole uprights. M. Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall. N. The following provisions shall control the placement or proposed placement of signs on public property: (1) No sign shall project over any public walkway, alley, street.or public property except as may be expressly permitted pursuant to this section. On private property, in any outdoor area open to the public, no portion of any sign attached to a building and extending below a height of Revind 9-15-91 30 seven feet above ground level shall project more than six (6) inches from the face of the building. (2) No sign, other than those required for traffic safety or pursuant to law, shall be placed, located or maintained upon any center median of any street, highway or other improvement intended for utilization by vehicular traffic. (3) No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, street or any other public property which interferes with the construction, maintenance or repair thereof or of any facilities therein or thereon, including, but not limited to, landscape, hardscape, meters, or irrigation facilities. (4) No sign shall be affixed to any tree or other plant materials located in any public walkway, parkway, alley, street or any other public property. (5) No sign placed on public property pursuant to this Code shall contain more than six square feet of sign area. (6) Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purposes of this section, "block" shall mean that portion of a street lying between the nearest two intersecting or intercepting streets. (7) Any sign advertising, identifying, displaying, directing or attracting attention to, or conveying an Revised 9-15-91 31 idea related to an event which is to occur on a certain date shall not be placed in the public right of way more than 30 days prior to that date and shall be removed not later than 10 days after that date. Section 114. PROHIBITED SIGNS Unless expressly permitted elsewhere in this Ordinance, the following signs are prohibited: A. Any off premises or outdoor advertising sign or billboard placed on private property for the purpose of advertising a business not on the property upon which the sign is placed. B. Flashing, moving, pulsating, or intermittently lighted signs, and electronic reader boards. C. Signs which conflict with or imitate any traffic control devices due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic. D. Animals or human beings, live or simulated, designed or used so as to attract attention to the premises. E. Loudspeakers, or signs which emit sound, odor, or visible matter other than menu boards. F. Signs with mechanical movement. G. Roof signs. H. Projecting signs. I. Permanent pole signs. Revised 9-15-91 32 J. Changeable copy signs, except theatre marquees, civic organization/institutional signs and attraction boards, as specified under the provisions of this code. K. Banners, non-governmental flags, kites, pennant, balloons, or other such advertising devices or displays. L. Signs which constitutea nuisance or hazard due to such factors as location, intensity of light or reflectivity. M. Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the business or property within ninety (90) days of the business, closing date. N. Vehicle signs, trailer signs, signs affixed to automobiles, trucks, trailers, or other vehicles parked on any property within the City for the principal purpose of advertising or display. It is a prima faci violation of this section if the advertising medium utilized on the vehicle is a sign, device, or structure separate from the vehicle, or if the copy is readily changeable, and if the device or structure exceeds nine (9) square feet in area and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonable calculated to direct an observer towards the business. It shall be considered that advertising was the principal purpose of the parking of the vehicle, notwithstanding the fact that the vehicle Revised 9-15-91 33 is driven to and from the business premises on a daily basis. O. Signs on any public property or projecting within the public right-of-way, except with an encroachment permit or as otherwise specified in this section. P. Price signs, except as required by law as in the case of fuel sales, or as part of menu and attraction boards. Q. Any sign continuously outlined with individual light bulbs or string of lights, except as otherwise provided by this section. R. Portable signs, unless approved as Temporary Special Event Signs. SECTION 116. NON -CONFORMING SIGNS A. INTENT OF PROVISIONS. It is the intent of this Section to recognize that the eventual elimination of certain existing signs that are not in conformity with the provisions of this Section is necessary to insure that the City of Diamond Bar maintains the highest level of visual esthetics and community benefits. B. GENERAL REQUIREMENTS. The following requirements shall apply to all advertising displays which satisfy any of the criteria set forth hereinunder. A non -conforming advertising display shall be an advertising display which is not in conformity with the provisions of this Title. All non -conforming advertising displays may be required to be removed, without compensation, by the City if they satisfy any of the following Roviacd 9-15-91 34 criteria: 1. Any advertising display originally erected or installed without first complying with all ordinances and regulations in effect at the _time _of -its-.construction and erection or use. 2. Any advertising display which was lawfully erected and whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than ninety (90) days. The costs incurred in removing an abandoned display may be charged to the legal owner. Abandoned advertising displays shall mean, for purposes of this Subsection, any display remaining in place or not maintained for a period of ninety (90) calendar days which no longer advertises or identifies and on-going business, product, or service available on the business premise where the display is located. 3. Any advertising display which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty (30) days of the date of its destruction. 4. Any advertising display whose owner seeks relocation thereof and actually relocates the advertising display. 5. Any advertising display for which there is an agreement between the advertising display owner and the city or County, for its removal as of any specific date. 6. Any advertising display which is temporary. Revised 9-15-91 35 7. Any advertising display which is or may become a danger to the public or is unsafe. 8. Any advertisingdisplay which constitutes a traffic hazard. Any on -premises advertising display which does not meet any of the above-described criteria with respect to type and location shall be permitted to remain for fifteen (15) years from the effective date of the adoption of this ordinance. C. NEW PERMITS. The City shall not deny, refuse to issue or condition the issuance of a business license or a permit to construct a new legal on -premises advertising display upon the removal, conformance, repair, modification or abatement of any other on - premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply: 1. The other display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought. 2. The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display. D. ALTERA'T'ION OF NON -CONFORMING ADVERTISING DISPLAYS. During the fifteen (15) year period during which a non- conforming legally in-place; on -premises advertising display may Revised 9-15-91 36 continue to be used, the City shall not deny, refuse to issue, or condition the issuance of a permit for modification or alteration to the display upon change of ownership of any existing business if the modification or alteration does not include a structural change in the display and does not increase the extent of the non- conformance. E. SPECIAL CIRCUMSTANCES; HEIGHT OR SIZE OF ON-SITE ADVERTISING. DISPLAYS. No on -premises advertising display shall be required to be removed on the sole inexclusive basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately .and effectively continue to communicate to the public through the use of the display. The owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this Title. F. ON -PREMISES ADVERTISING DISPLAY ABATEMENT. The City Council may declare, by resolution, as public nuisances and abate all illegal on -premises advertising displays located within its jurisdiction. For purposes of this Section, illegal on -premise advertising displays shall be those described in Subsection B, above. The resolution shall dpert-;ho i -h - property upon which or in front.of which the nuisance exists by Revised 9-15-91 37 giving its lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. 1. Notice of Hearing. Prior to the adoption of the resolution by the City Council, the City Clerk shall send not less than a ten (10) days' written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality;of the display. 2. Posting of Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the display exists. (a) Form of notice. Notice shall be substantially in the following form: NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY Notice is hereby given that on the day of , 19_, the City Council of the City of Diamond Bar adopted a resolution declaring a resolution that an illegal advertising display is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be Revised 9-15-91 38 assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the Office of the City Clerk. All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Diamond Bar to be held on at a.m./p.m. at ( location ), when their objections will be heard and given due consideration. Dated this day of 19 Title City of Diamond Bar (b) This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council of the City of Diamond Bar. (c) Written Notice of Proposed Abatement. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council shall direct the City Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed Revised 9.15-91 39 in the last equalized assessment roll available on the date the resolution was adopted by the legislative body. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning property described in the resolution. The addresses of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the City Council. The notices mailed by the Clerk shall be substantially in the form of notice set forth hereinabove. G. HEARING; CONTINUANCES; OBJECTIONS; FINALITY OF DECISION; ORDER TO ABATE. At the time stated in the notices,.the City Council shall hear and consider all objections to the proposed removal of the on -premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the legislative body shall allow or overrule any objections. At that time, the legislative body acquires jurisdiction to proceed and perform the work of removal. The decision of the legislative body is final. If objections have not been made, or after the City Council has RavWd 9-15-91 40 disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution. H. ENTRY_ UPON_ PRIVATE PROPERTY. - - The enforcement officer may enter private property to abate the nuisance. I. REMOVAL BY OWNER; SPECIAL ASSESSMENT AND LIEN FOR COSTS. Before the enforcement officer takes action, the property owner may remove the illegal on -premises advertising display at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the City Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs. J. COST OF ABATEMENT, ITEMIZATION. 1. The enforcement officer shall keep an account of the cost of abatement of an illegal on -premises advertising display in front of or on each separate parcel of property where the work is done. He or she shall submit to the City Council, for confirmation, an itemized written report showing that cost. 2. A copy of the report shall be posted at least three (3) days prior to its submission to the City Council, on or Revised 9-15-91 41 near the City Council chambers door, with notice of the time of submission. 3. At the time fixed for receiving considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. K. ABATEMENT BY CONTRACT. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property acquired by Subsection J, above. L. COST OF ABATEMENT; SPECIAL ASSESSMENT AND LIEN. 1. Cost of abatement in front of or upon each parcel of property, and the cost incurred by the City in enforcing abatement upon the parcel or parcels, including investigation,.bond redetermination, measurement, clerical, legal, and other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has Rcvisal 9-15-91 42 been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide incumbrancer for value has been created and attaches thereon, prior to the date on which the first installment.of_the assessment--would-become delinquent, the lien which would otherwise be imposed by this Section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. 2. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. 3. The City shall file'a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's Map Books for the current year. 4. The City shall request the County Auditor to enter each assessment on the County tax roll office at the parcel of land. The City Shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the Rcvised 9-15-91 43 amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, incremental assessment of Fifty Dollars ($50.00) or more may be made in annual installments, not to exceed five (5) installments, and collected one installment at a time at the time and in the manner of ordinary municipal taxes in successive years. The amount of any delinquent installment shall be subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, but not to exceed six percent (6%) per annum. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments. M. ISSUANCE OF RECEIPTS FOR ABATEMENT COSTS. The enforcement officer may receive the amount due on the abatement costs and issue receipts at any time after the Revised 9-15-91 44 i confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax.Collector or, where a certified COPY is filed with the County Auditor, until August 1st following the confirmation of the report. N. REFUND OF ASSESSMENTS. The City Council may order a refund of all or part of an assessment pursuant to this Title if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator. 45 CITY OF DIAMOND BAR BRIEFING SHEET REGARDING POLITICAL SIGNS Background: The primary purpose of sign standards is to regulate the placement, erection and maintenance of signs in order to provide for the protection of property values, visual esthetics, and public safety. On August 6, 1991, the City Council adopted new sign regulations for the community. The regulations are silent on the issue of placing political signs upon private property. The placement of signs upon public property is guided by the following provisions as contained within Section 112.N of Ordinance 5(1991). 1. No sign shall project over any public walkway, alley, street or public property except as may. be expressly permitted pursuant to this section. On private property, in any outdoor area open to the public, no portion of any sign attached to a building and extending below a height of seven feet above ground level shall project more than six (6) inches from the face of the building. 2. No sign, other than those required for traffic safety or pursuant to law, shall be placed, located or maintained upon any center median of any street, highway or other improvement intended for utilization by vehicular traffic. 3. No sign may be placed, located or maintained in, on or over any public walkway, parkway, alley, street or any other public property which interferes with the construction, maintenance or repair thereof or of any facilities therein or thereon, including, but not limited to, landscape, hardscape, meters, or irrigation facilities. 4. No sign shall be affixed to any other plant materials located in any public walkway, parkway, alley, street or any other public property. 5. No sign placed on public property pursuant to this Code shall contain more than six square feet of sign area. 6. Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed in the public right-of-way on each side of any single block. For the purposes of this section, "block" shall mean that portion of—a street lying between the nearest two intersecting or intercepting streets. 7. Any sign advertising, identifying, displaying, directing or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed in the public right of way more than 30 days prior to that date and shall be removed not later than 10 days after that date. FORM R-14 Campaign signs are exempt from permits provided that they conform to the Code. Please note that the width of the public "right-of-way" varies throughout the City. In some parts of the community the public right-of-way ends at the "back" of the sidewalk. In other portions of the community the public right-of-way extends up to an additional five (5) feet or more beyond the sidewalk or ten (10) feet or more from the back of curb. Placement of Signs on Private Propertv: No signs may be placed on any private property (including shopping centers, vacant land, etc.) without permission of the property owner(s). Enforcement: Sign regulations will be enforced as required by Ordinance No. 5(1991) on a daily basis. If violations are found, the offending signs will be removed. The signs will be retained at Diamond Bar City Hall and may be recovered by contacting the Code Enforcement Officer between 8:00 a.m. and 5:00 p.m., Monday through Friday. Signs which have accumulated and have not been picked up within 10 days after the election will be discarded. The City will make every attempt to notify the candidate that a sign or signs have been found in violation of the Sign Code and have been removed. For more information: Please contact the Code Enforcement Officer in the Community Development Department at (909) 396-5676. between 8:00 a.m. and 5:00 p.m. weekdays. A- .\S1GNS.fRMVuly 9. 1993 June 2, 1992 EXHIBIT "A1l SECTION 108. BASIC SIGN PROGRAM B. Temporary 9. Banners and Inflatable Signs a. Windblown devices including but not limited to pennants, streamers, and banners, may be placed upon property commercially zoned and utilized as such, erected for the purpose of advertising a special event or special sale, may be permitted subject to the review and approval of the Community Development'Direc- tor. b. Tethered balloons and%or inflatable devices erected for the purpose of advertising a spe- cial event or special sale, may be placed upon freeway oriented commercial property subject to the approval of the Community De- velopment Director. C. All temporary signs within this section are subject to review and approval by the commu- nity Development Director as to the sign lo- cation, design, color, size, height, and oth- er considerations. d. The maximum sign area for banners in one (1) square foot of signage per lineal foot of property frontage. e. Tethered balloons and/or inflatable devices may not exceed a height of sixty (60) feet from grade. f. A maximum of four (4) permits may be approved for any single business location within a calendar year with the cumulative total of display days not to exceed sixty (60) days. g. No sign permitted in this Section shall re- strict, pedestrian or vehicular traffic, im- pair motorist visibility, create a hazard, or impair the visibility of signs on or off the premises. page 1 of 2 h... Application. shall be made on forms provided by the city. A fee of $25.00 shall be sub- mitted with the application form to cover the cost of processing the sign permit. page 2 Of 2 ORDINANCE NO. 25D (1969) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION The City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 5(g) of Ordinance No. 25 (1989), as heretofore amended, of the City Council of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: "(g) The Planning Commission shall, at its first regular meeting in March of each calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times as are deemed necessary'." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED, AND APPROVED this 21st day of April , 1992. OR I, LYNDA BURGESS, 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 7:th day of 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 21st day of April , 1992, by the following vote: AYES: COUNCILMEMBERS: Miller, Werner, Forbing Mayor Pro Tem Papen, Mayor Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ATTEST:CitClerk �th, City of Diamond Bar ORDINANCE NO. 25C (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989) AS HERETOFORE AMENDED, CONCERNING THE TERMS OF OFFICE OF PLANNING COMMISSIONERS. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 5(f) of Or No. 25 (1989), as heretofore amended, Of the City Council of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: "(f) The terms of office of the Planning Commission shall be two-year terms commencing on March 1 Of even numbered years and expiring on the last day of February of even numbered years; provided, however, that the terms of office of persons initially appointed to the Planning Commission shall expire the last day of February, 1992." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to posted in three (3) public places within the City of Diamond Bar pursuant to the provisions Resolution 89-6. ADOPTED AND APPROVED this_29th day of October 1991. , Mayor -�- I, LYNDA BURGESS, 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 October and was finall 1 1991, y passed at a regular meeting of the City Council of the City of Diamond Bar held on the 29th day of October , 1991, by the following vote: AYES: COUNCIL MEMBERS: Papen, Nardella, Kim, NOES:COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Werner ABSTAINED: COUNCIL MEMBERS: None ATTEST: Ci V Clerk of theme-- — City of Diamond Bar NU011WRDPCWB 6.1 2 ORDINANCE NO. 25B(1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NOS. 25(1989) AND 25A(1989) CONCERNING THE PLANNING COMMISSION. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Ordinance Nos. 25(1989) and 25A(1989) hereby are amended to read, in words and figures, as follows: section 2. Plannin_v Common Created. There is hereby created a'Planning Commission. Section 3. Comooaition. The Planning Commission shall be composed of five members, each of whom shall be a resident of the City of Diamond Bar, and appointed in accordance with the procedures set forth in Section 5 hereof. section 4. Powers and Duties. The Planning Commission shall have power to do and perform such acts and carry out and put into effect such plans and programs as are provided by and pursuant to the provisions of the State Planning Act, California Government Code Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps. c 1 � ftcttion A. Organization ,., -----__ and terms of office,• fil_ ling of vacan— nc1e9 in office; officers• (a) Each member of the Planning Commission shall be appointed by one member of the City Council, provided that should a member of the City Council fail to make an appointment within thirty days of the vacancy in question being created a majority Of the City Council shall appoint to fill the vacancy. (b) If a vacancy occurs other than by expiration of a term, it shall be filled within thirty days by appointment for the unexpired portion of the term by the Council Member who appointed or had the opportunity to appoint the commissioner whose position has been vacated or the Council Member serving the unexpired portion of the term of that person. If that Council Member fails to appoint within that thirty -day Of the City Council shall a Period, a majority appoint to fil11 l the vacancy. If the vacancy is effected by the removal process specified in this Section, the person so removed may not be appointed to fill the vacancy. (c) Notwithstanding any other term or provision of this Ordinance, each of the Planning Commissioners shall be deemed to have resigned from his or her position on the Commission ninety (90) calendar days after the succession of any Person, whether by election, reelection or appointment, to the Office of the Council Member who appointed, or had the opportunity to appoint, such commissioner and that Commission c 2 c Position shall thereupon be deemed vacant and available for appointment for the otherwise unexpired term, if any. (d) if a member of the Planning Commission isabsent from three (3) consecutive regular meetings or from more than fifty percent (5o%) of the regular meetings thereof in any one (1) year period, the office of said Commissioner shall thereupon be deemed vacant and the secretary to the Commission shall immediately inform the City Council thereof. (e) Any member of the Planning Commission may be removed without cause during his or her term of office by a four-fifths vote of the City Council, provided that no such member may be removed during the initial three months of any term Of office for which he or she is appointed. (f) The terms of office of the Planning Commission shall be two-year terms commencing on July lst of even numbered years and expiring on June 30th of even numbered years; provided, however, that the terms of office of persons initially appointed to the Planning Commission shall expire June 30', 1992. (g) The Planning Commission shall, at its first regular meeting in July of each calendar year, elect a chairman from among its appointed members for a term of one year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times are are deemed necessary. (h) The Director of Planning, or his or her designee, shall be the Secretary to the Commission. t 3 t Section A. compensation; travel ex enses. (a.)_. Each member -of -the Planning Commission shall be paid a fixed sum for each commission meeting such commissioner attends. The sum to be paid to each commissioner for each such meeting attended by such commissioner shall be established by resolution of the City Council. (b) The City Council may, from time to time, provide such sums as the City Council deems reasonable, in its sole discretion, for travel expenses, meals, lodging and related expenses necessarily incurred by Planning Commissioners incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by the City Council. Said expenses may be advanced to Commissioners or otherwise paid to them in accordance with .policies established by the City Council. Section Z. Reter— ences to Comms on. Wherever in the Los Angeles County Code, as heretofore adopted by this City Council, reference is made to the "Planning Commission," "Regional Planning Commission" or It hearing officer", the same shall be deemed to refer to the Planning Commission as established by this ordinance. Section 8. The- City Clerk shall certify the adoption of the ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. 4 e ADOPTED AND APPROVED this 16th day of October , 1990. Mayor I, LYNDA BURGESS, City Clerk of th 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-2ndda _ Y of Oct_ober 1 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the -1.6 th_ day of October, 1990, by the following vote: AYES: COUNCIL MEMBERS: Horcher, Papen, Kim, NOES: Mayor Pro Tem Forbing and Mayor Werner COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST:'- Ci Clerk City Of Diamond Bar N110WPC25BIDB6.1 5 t ORDINANCE NO. 25A (1989) AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 4 OF ORDINANCE NO. 25 (1989) PERTAINING TO THE POWERS -AND DUTIES OF THE CITY PLANNING COMMISSION. The City Council of the City of Diamond Bar does ordain as follows: Lection 1• Section 4 Of Ordinance No. 25 (1989), as heretofore adopted, hereby is amended to read, in words and figures, as follows: "Section A. Powers and Duties. "The Planning Commission shall have power to do and perform such acts and carry out and put into effect such Plans and programs as are provided by and pursuant to the provisions of the State Planning Act, California Government Code Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps," Se— °tion 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) Public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED AND APPROVED this 3rd day of April 1990. Mayor MO ---- 1 t t I, LYNDA BURGESS, 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 20th day of March 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of April , 1990, by the following vote: AYES: COUNCIL MEMBERS: Horcher, Forbing, Miller, Mayor NOES: Pro -Tem Werner, Mayor Papen COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: %.3. City erk; City -of gar S11012 WRDPLM%DB 1.38 2 t . L ORDINANCE NO. 25 _(1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bIAMOND BAR ESTABLISHING A PLANNING COMMISSION. City Council of the City of Diamond Bar does ordain as follows: Sec ---tion 1. Chapters 2.108 and 3.48 Of the Los Angeles County Code,. as heretofore adopted by this City Council, hereby are repealed. 8e�°n ?• .Planning Commission Created. There is hereby created a Planning Commission. Se�On 3• Composition. The Planning Commission.shall be composed Of five members appointed in accordance with the procedures set forth in Section 5 hereof. semen 9. Powers and Duties. The Planning Commission shall have power to do and Perform such acts and carry out and put into effect such plans and programs as are provided by and pursuant tO the provisions of the State Planning Act, California Government Code Sections 65100, et seq., and shall serve as the Adviso Cit Co rY Agency to the Y Council regarding subdivisions and parcel maps. Notwithstanding any provisions to the contrary Los Angeles County Code as heretofore adopted b forth in the Council the PlanningY t this City Commission shall act in an advisory capacity to the City Council with respect to any and all applications for conditional use permits and variances. Section 5. Organization and terms of office; filling of vacancies in office; officers; meetings. Each member of the Planning Commission shall be appointed by one member of the City Council, provided that should a member of the City Council fail to make an appointment within thirty days of the vacancy in question being created a majority of the City Council shall appoint to fill the vacancy. If a vacancy occurs other than by expiration of a term, it shall be filled within thirty days by appointment for the unexpired portion of the term by the Council Member who appointed or had the opportunity to appoint the commissioner whose position has been vacated or the Council Member serving the unexpired. portion of the term of that person. If that Council Member fails to appoint within that thirty -day period, a majority of the City Council shall appoint to fill the vacancy. If the vacancy is effected by the removal process specified in this Section, the person so removed may not be appointed to fill the vacancy. The terms of office of the Planning Commission shall be two-year terms commencing on July 1st of even numbered years and expiring on June 30th of even numbered years; provided, however, that the terms of office of persons initially appointed to the Planning Commission shall expire June 30, 1992. Any member of the Planning Commission may be removed without cause during his or her term of office by a four-fifths 2 t t vote of the City Council, provided that no such member may be removed during the initial three months of any term of office for which he or she is a ppoiritecl. The Planning Commission annually shall elect a chairman from among its ,appointed members for a ter of one year, and may hold regular meet create and fill such other offices as it may determine and shall ings at least once a month and other meetings at such additional times are are deemed necessary. Se- °tion 6• Compensation; travel expenses. (a) Each member of the Planning Commission shall be paid a fixed sum for each commission meeting such commissioner attends. The sum to be paid to each commissioner for each such meeting attended by such commissioner shall be established by resolution of the City Council. (b) The City Council may, from time to time, provide such sums as the City Council deems reasonable, in its sole discretion, for travel expenses, meals, lodging and related expenses necessarily incurred by Planning Commissioners incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by the City Council.. Said expenses may be advanced to Commissioners or otherwise paid to them in accordance with Policies established by the City Council. Section Z-- References to Commission. Wherever in the Los Angeles County Code, as heretofore adopted by this City Council, reference is made to the "Planning 3 e t Commission," "Regional Planning Commission" or "hearing" officer , the same shall be deemed to refer to the Planning Commission as established by this Ordinance. Sectio n e. - The City Clerk shall certify the adoption of the ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED AND APPROVED this 19th day of September 1989. Elfi- O ��-e I, LYNDA BURGESS, 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 5th day of September , 1989, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of September 1989, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor Pro Tem Horcher and Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT:, COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: y Ci Clerk City of Diamond Bar N11011 MN000NIDB 1.3B 4 I I ORDINANCE NO. 5 (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE g ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS. 11(1989), 11A(1989), 15(1989) AND 15A(1989) AS HERETOFORE ADOPTED. e A. Recitals. (i) On March 12, 1990, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, as required by law, pertaining to the establishment of a Development Review Procedure for specified projects within the City, as set forth in Exhibit "A", attached hereto and incorporated by this reference as though fully set forth herein. (ii) Upon conclusion of the hearing described in paragraph A.(i), above, the Planning Commission adopted its Resolution No. PC 90 - 3, recommending to this Council the adoption of the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A". (iii) on March 20, 1990, this City Council conducted and concluded a duly noticed public hearing, as required by law, concerning the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A". (iv) All legal prerequisites to the adoption of this ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: 1 Section 1: In all respects as set forth in the Recitals, Part A., of this Ordinance. Section 2: The City Council hereby finds and determines that it can be seen with certainty that adoption of this Ordinance cannot have a significant effect on the environment and, therefore, adoption hereof is not subject to'the requirements of the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Division 6 of Title 4 of the California Code of Regulations. Section 3: Immediately upon this Ordinance becoming effective, Ordinances No. 11(1989) and 15(1989), as amended and the effect thereof extended by Ordinances No. 11A(1989) and 15A(1989), respectively, shall be repealed and and of no further force and effect. Notwithstanding the above provisions of this Section 3, any application filed on or after January 1, 1990 pursuant to the requirements of Ordinance 11(1989), 11A(1989), 15(1989) and 15A(1989), or any of them, shall be deemed to be an application for development review hereunder and the proponent thereof shall be required to comply with the requirements of this Ordinance. Section 4: A new Chapter 22.72 hereby is added to Title 22 of the Los Angeles County Code, as heretofore adopted, to read, in words and figures, as set forth in Exhibit "A" hereto which, by this reference, is incorporated as though fully set forth herein. 2 section 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond bar pursuant to the provisions of Resolution 89-6. ADOPTED AND APPROVED this 3rd day of April , 1990. Mayor I, LYNDA BURGESS, City Clerk of the City .of Diamond Bar, do hereby ify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of March 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond bar held on the 3rd day of April , 1990, by the following vote: AYES: ,OUNCIL MEMBERS: Horcher, Forbing, Miller, Mayor Pro Tem Werner, Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST_ City clerk, City of Diamo.rid Bar L1101110T1TLE22\DB 1.3B 3 Chanter 22.72 DEVELOPMENT REVIEW 22.72.010 Purpose and Intent A. This Chapter establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project development review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and are consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Diamond Bar. B. The City finds that a development review process will support the implementation of the general plan, as it stresses quality community design standards. The City further finds that the quality of residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Chapter is not intended to restrict imagination, innovation or variety, but rather to focus on community design principles which can result in creative, imaginative solutions for the project and a quality design for the City. It is, therefore, the purpose of this Chapter to: (1) Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; (2) Encourage the orderly and harmonious appearance of structures and property within.the City along with associated facilities, such as signs, landscaping, parking areas, and streets; (3) Maintain the public health, safety and general welfare, and property throughout the City; (4) Assist developments to be more cognizant of public concerns for the aesthetics of development; (5) Reasonably ensure that new developments, including residential, institutional, commercial and industrial developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general; (6). Implement those sections of the City's general plan for the preservation and enhancement of the character and unique assets of the City and its harmonious development; (7) Minimizing the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained; (8) Preserving significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from lots directly to a street, storm drain, or through public or privately maintained easement; (9) Limiting the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas; (10) Encouraging the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views and arrangement and spacing to accomplish grading policies; (11) To encourage orderly development of residences within areas more readily served by public services; (12) To encourage the development of master planned projects which provide the service needs of the residents of those projects; (13) To encourage use of energy conservation techniques in new developments. 22.72.020 Projects Reauirina Development Review. A. An application for Development Review is required for any and all commercial, industrial, institutional development, and any residential project which proposes five dwelling units or more (detached or attached) and which involve the issuance of a building permit for construction or reconstruction of a structure(s) which meets the following criteria: (1) New construction on vacant property; (2) Structural additions or new buildings which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in gross floor area; 2 °Yr.�� 9 (3) Reconstruction projects which are equal to fifty percent of the floor area of existing on-site building(s), or have a -minimum ten -thousand square feet in gross -floor -area (4) Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. B. Projects of a limited size and scope which do not meet the above criteria shall require an application for. Administrative Development Review pursuant to Section 22.72.060. C. Residential construction involving four or less dwelling units are subject to Administrative Development Review pursuant to Section 22.72.060. 22.72.030 Development Review Application. All Development Review applications shall contain the following information: A. A detailed plot plan showing: (1) Dimensions and orientation of the parcel (to scale); (2) Location of buildings, structures, and signs, both existing and proposed; (3) Location of eave overhang and architectural features; (4) Location of landscaping and irrigation, both existing and proposed. B. All building elevations, including signs thereon; C. Indication of the types and colors of all exterior construction materials; D. Location of all walls and fences, their height and materials of construction; E. Copies of any and all CC&R's applicable to the development or use of the land; and F. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal. 3 22.72.040 Development Review Authority. The Planning Commission is authorized to approve or deny Development Review applications and to impose reasonable conditions upon such approval, subject to the right of appeal to the City Council. Conditions may include, but shall not be limited to, requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or.completion; and such other conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to making the findings required by Section 22.72.140. 22.72.050 Administrative Development Review Authcrity. Development Review applications which do not meet the requirements of Section 22.72.020.A shall be subject to review and approval by the Planning Director. If; in the opinion of the Planning Director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more significant than generally pertain to applications for Administrative Development Review and which require Planning commission consideration, the Planning Director shall refer the application to the planning commission for review. The Planning Director is authorized to approve or deny Administrative Development Review applications and to impose reasonable conditions upon such approval, subject to the right of appeal to the Planning Commission. Conditions may include, but shall not be limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation or signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance of completion; and such other conditions as the Planning Director may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare; and to enable the Planning Director to make the findings required by Section 22.72.140. ,>wg 5°iyy Sa°� X' x* t Y .� '� a r x r s+ ui �2+ s5- t, -,G'' -'r,-'' I �FCT7+ N.�.. F...�'+e.f,'' urffF. st,-. ;*;'izxSP.,t.�d a ,...I ^',:,z. z� rte., YSn .x3 22.72.060 Administrative Development Rev Procedure. A. Applications for Administrative Development Review shall be filed by the owner or owners of the property for which approval is sought, or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the General Plan. C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be mailed or delivered not less than ten :;1o) calendar days prior to the hearing to the applicant and to all owners of property within three hundred (300) feet of the exterior boundaries of the real, property under consideration, utilizing the names and addresses of such owners as shown upon the latest equalized assessment roll of the County Assessor of Los Angeles County. 22.72.070 Administrative Development Review. Review and analysis by the Director will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Director will determine if the project adequately meets applicable design guidelines and standards. 22.72.080 Director's Action and Appeal Procedures. Upon completion of the public hearing, the Director may approve, conditionally approve, or deny the application and shall announce and record his decision. within 21 calendar days following the conclusion of the public hearing. The decision shall set forth the findings required in Section 22.72.140, hereof, by formal resolution of the Director and shall be filed with the Planning Commission. A copy of the resolution shall be mailed to the applicant. The decision of the Director shall be final and shall become effective 10 calendar days after the adoption of the resolution by the Director; provided, however, that if within such 10 day period; an appeal of the decision is filed by an aggrieved person within the three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Director until the determination of the appeal by the Planning Commission or its dismissal by the appellant. Such appeal shall be filed in writing with the Secretary to the Planning Commission on forms furnished by the Secretary to the Planning Commission. 22.72.090 Appeal to the Planning Commission. A. Upon receipt of an appeal from the Director's decision under Section 22.72.080, a hearing date shall be set by the Secretary to the Planning Commission. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in the same manner as prescribed for Development Review in Section 22.72.110, hereof. B. The Director shall.transmit to the Planning Commission the original application, records, written reports, and Director Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The Planning Commission may, by resolution, affirm, reverse, or modify in whole.or in part any appealed decision, ,etermination or requirement of the Director, but before granting .any appealed petition which was denied by the Director or before changing any of the conditions imposed .by the Director, the Planning Commission shall make a written finding.of facts setting forth wherein the Director's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the Planning Commission shall be final and shall become effective -10 calendar days after the adoption of the resolution by the Commission; provided, however, that if within such 10 day period, an appeal of the decision is filed by an aggrieved person within three hundred foot noticing radius, the applicant or the City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by said Clerk. 22.72.100 Appeal to City Council. A. Upon receipt of an appeal from the Planning Commission's decision under Section 22.72.090, a hearing date shall_ be set by the City Clerk. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in.the same manner as prescribed for Development Review in Section 22.72.110, hereof. B. The Planning Commission shall transmit to the city Council the original application, records, written reports, Director Resolution, Planning Commission minutes and Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The City Council may, by resolution, affirm, reverse, or modify in wholes or in part any appealed decision, determination or requirement of the Planning Commission, but before granting any appealed petition which was denied by the Planning Commission or before changing any of the conditions imposed by the Planning Commission, the City Council shall make a written finding of facts setting forth wherein the Commission's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the City Council shall be final and shall become effective upon adoption of the resolution by the City Council. 22.72.110 Development Review Procedure. A. Applications for Development Review shall be filed by the owner or owners of the property for which approval is sought or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and .information required in section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Chapter and the General Plan. 0 C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be given in accordance with the requirements of California Government Code Section 65090. 22.72.120 Development Review. Review and analysis by the Planning Commission will consider design elements, such as, but not limited to, compatibility of the project to.surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Commission will determine if the project adequately meets applicable design guidelines and standards. 22.7?.''-_ Co:gmission Action and Appeal Procedures. Upon completion. = e public hearing, the Planning Commission may. approve, cena_-:�ionally approve or deny the application and shall announce and record its decision within thirty (30) calendar days following the conclusion of the public hearing. The decision of the Planning Commission shall set forth the findings required by Section 22.72.140, hereof, by formal resolution. A copy of the resolution shall be mailed to the applicant. The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution by the Planning Commission, provided, however, that if within such 10 -day period, an appeal of the decision is filed by an aggrieve.. within the three hundred foot noticing radius, th= _____.. or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished. by the City Clerk. The appeal shall be conducted pursuant to Section 22.72.100 and notice of hearings shall be given as required by Section 22.72.110.C. 22.72.140 Findings Required. In approving or conditionally approving a Development Review Application or Administrative Development Review Application, the City Council, the Planning Commission or Planning Director, as the case may be, shall make the following findings: A. The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments; B. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Chapter and the general plan of the City; D. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors throuc:n good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably. adequate level of maintenance. E. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 22.72.150 New Applications Following Denial. Following denial of a Development Review Application or Administrative Development Review Application, no application for the same or substantially the same project for substantially the same site shall be accepted for filing within one (1) year from the effective date of such denial. 22.72.160 Time Limits. A. Each application hereafter approved or conditionally approved shall automatically expire and be of no further force or effect if not exercised within one (1) year of its effective date, unless the approval therefor specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such approval for two (2) successive periods not to exceed six (6), months each; upon showing of good cause therefore, if written application for such extension is filed fourteen (14) working days prior to the expiration thereof. B. "Exercise" shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, the applicant or successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) calendar days written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning commission may be appealed to the City Council by the requesting party or any Councilmember, which shall upon the same written notice, conduct a hearing. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. 22.72.170 Revisions to Approved Application A. Minor revisions to a project approved pursuant to this Chapter may be =I e after review and approval by the Director. Minor revisions are hereby defined as revisions which in no way change the requirements or conditions imposed on the original approval nor violate the intent of any of the standards or conditions of the approval or of.the zone. All approved minor revisions shall be reported, in writing, to the Planning Commission at its next regular meeting. B. Revisions other than minor revisions, as defined above, shall be made pursuant.to the procedures set forth in this Chapter. C. All copies of the approved revised project shall be dated and signed by the Director and made a part of the record of the projec- . one copy of said approved revisions shall be mailed to Lhe aonlicant. 22.72.180 Revocation. Any approval granted pursuant to this Chapter shall be revoked upon a finding that one or more of the following conditions exist: A. That the approval was obtained by fraud; B. That the structure or project for which the permit was granted has ceased to exist, or construction thereof has been suspended for six (6) months or more; C. -_gat the applicant has not complied with one or more of the conditions or approval. 10 F d 7 dh P y h iv sig 1�.�:.�..a.. Any such finding shall be made by the Planning Commission after,a public hearing of which notice shall be given pursuant to Section 22.72.060.0 in the case of an Administrative Development Review approved or by Section 22.72.110.0 for all other approvals. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal by any interested person, including any Council Member, in the same manner and within the same time as provided in Section 22.72.130, to the Council, which shall upon the same written notice, conduct a hearing, notice of which shall be provided as set forth in this Section. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. Action of the. Planning Commission, or of the Council, shall be by resolution, shall contain specific findings, and specific action relative to revocation. Notwithstanding anything in this Section contained, the Commission, or the Council, as the case may be, with respect to any ground of revocation coming within B or C above, may grant a period of time within which the approval may be reactivated, or within which non-compliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. 22.72.190 Penalties for Violation of Chapter. 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 Chapter. Any person, firm, partnership or corporation violating any provision of this Chapter or failing to comply with any.of its 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 Chapter is committed, continued, or permitted to continue by such person, firm, partnership or corporation and shall be deemed punishable therefor as provided herein. 11 22.72.200. Civil Remedies Available. The violation of any of the provisions of this Chapter shall constitute a.nuisance'and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. .22.72.210. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Chapter rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Chapter shall remain in. full force and effect. L11011NC0DEkDS 6.6 12 ORDINANCE NO. 5B (1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND.BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. SA (1992) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22, thereof pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as "the Zoning Ordinance".) (ii) On October 6, 1992, pursuant to the provisions of California Government Code Section 65858 (a), this City Council adopted its Ordinance No. 5 (1992) adopting interim zoning regulation for properties designated Agricultural within the General Plan, Land Use Element, and Zoned A-2, Heavy Agricultural. (iii) On November 17, 1992, pursuant to the provisions of California Government Code Section 65858(a), the City Council adopted i•ts Ordinance No. 5A (1992) extending the interim zoning regulations, effective until the 6th day of October, 1993. (iv) Pursuant to the provisions of California Government Code Section 65858 (d) this City Council issued its 1 written report(s) describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 5 (1992) and Ordinance No. 5-A (1992) at least ten (10) days prior to the expiration of Ordinance. No_ 5.and-again for -the -one (lj year extension of Ordinance No. 5A (1992) (v) The City Council adopted, on July 27, 1993, the 1993 City of Diamond Bar General Plan which considers properties within the,sphere of influence of the City, the development of which will affect the City. The A-2, Heavy Agricultural, zoning district of the Zoning Ordinance allows for a wide range of land uses permitted by right which do not require discretionary review by the City. Further, it is not certain that all such permitted land uses are appropriate land uses within such zoning districts respective to the intent of the City's General Plan. With an adopted 1993 General Plan, but lacking appropriate local development standards for review of development, such an approval scheme does not contribute to appropriate community development and would frustrate any effective long-range planning efforts on behalf of the City of.Diamond Bar. (vi) A duly noticed public hearing as required by California Government Code Section 65858 (a) was conducted and concluded prior to the adoption of Ordinance No. 5 (1992), Ordinance No. 5A and this ordinance. (vii) All legal prerequisites to the adoption of this ordinance have occurred. 2 B. ordinance THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the California Code of Regulations. Section 3. The City Council further finds as follows: a. The City of Diamond Bar has adopted a General Plan for development in the City of Diamond Bar. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the'City of Diamond Bar and its sphere of influence and protect the economic, social and cultural welfare of persons and properties within the City of Diamond Bar. The current Zoning Ordinance of the City of Diamond Bar does not provide sufficient standards for City staff, Planning Commission or City Council to recommend upon or review applications for the approval, or determination of, appropriate land uses within the areas designated by the General Plan as Agricultural. b. The present recommendation of or approval of any 3 land uses for land designated on the General -Plan as Agriculture and zoned A-2 would contradict the ultimate goals and objectives of the General 'Plan and would not be subject to adequate local regulation review under the current provisions of the zoning Ordinance; and C. The recommendation of approval of any proposed land uses within the areas designated as agricultural in the General Pian and zoned A-2, Heavy Agriculture under the current provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar. Section 4. The interim Zoning Regulations pertaining to the permitted land uses within the Agricultural zoning districts, which are also designated as Agricultural on the General Plan, as set forth in Exhibit "A": hereto, which are incorporated by reference herein as if set forth in their entirety, are hereby adopted. Section 5. The City Council finds and determines that the consideration and development of proposed amendments to the Zoning Ordinance are continuing; however, such development of amendments to the Zoning Ordinance cannot be completed prior to the expiration of Ordinance No. 5A (1992) Section 6. This Ordinance is enacted under the authority of California Government Code Section 65858 (a) and hereby is extended and shall be of no further force and effect as of the 6th day of October, 1994. 4 Section 7. This Ordinance hereby is declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858 (a) and 36937 (b), and this Ordinance shall take effect immediately upon adoption. Section a. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6, as amended. ADOPTED AND APPROVED THIS 21st day of September, 1993. L or I, LYNDA BURGESS, 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 21st day of September, 1993, and was passed at the regular meeting of the City Council of the City of Diamond Bar held on the 21st day of .September, 1993, by the following vote: AYES: COUNCIL MEMBERS: Werner, MacBride, Frobing, Mayor Pro Tem Papen, Mayor Miller NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS None ATTES6 445UA&� Lyndi°Burgess, City Clerk of the City of Diamond Bar 5 REPORT ON ACTIONS TAKEN FOLLOWING ADOPTION OF ORDINANCE.NO: 5A (1992) Pursuant to the requirements of California Government Code Section 65858 (d), and at the express direction of the City Council of the City of Diamond Bar, the following constitutes a written report of the City Council concerning those measures taken to alleviate the conditions which led to the adoption of Ordinance No. 5 (1992). BACKGROUND 1. On October 6, 1992, the City Council of the City of Diamond Bar adopted its Ordinance No. 5 (1992) entitled "An' Ordinance of the City Council of the City of Diamond Bar, Adopting an Interim Zoning Ordinance Pursuant to California Government Code Section 65858 (a) and Making Findings in Support Thereof." Said Ordinance No. 5 (1992) adopted interim zoning regulations, effective for no longer than the 20th day of November, 1992. Pursuant to the requirements of said Section 65858 (a), Ordinance No. 5 (1992) was adopted by the City Council. 2. On November 17, 1992, the City Council of the City' of Diamond Bar, adopted its Ordinance No. 5A (1992) entitled "An Ordinance of the City Council of the City of Diamond Bar Adopting an Interim Zoning Ordinance Pursuant to the Provisions of California Government Code 65858 (a) and making findings in support thereof." Said Ordinance No. 5A (1992) extended the interim zoning regulations, effective for no longer than the 6th day of October, 1993. 3. Pursuant to California Government Code Section 65858 (d), ten (10) days prior to the expiration of any interim .ordinance, or any extension thereof Adopted pursuant to the terms of said section, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of such interim zoning ordinance. 4. On September 21, 1993, at a meeting of the City Council of the City of Diamond Bar, the City Council was presented with a staff report concerning the measures taken to alleviate the,,conditions which prompted the adoption of said Ordinance No. 5 (1992). At said meeting and following said staff report the City Council authorized and directed staff to prepare a written report concerning the actions taken following, and relative to, the adoption of Ordinance No. 5 (1992) ACTIONS TAKEN Following the adoption of Ordinance No. 5A (1992), the following actions have been taken relative to the interim zoning regulations. 1. The City Council directed the City Staff to create significant and substantial changes to the 1992 General Plan. Numerous landuse map and policy revisions were analyzed throughout the development of the 1993 General Plan. -The adopted plan recognizes the environmental significance of the A-2 zoned, 3600 acre, Tonner Canyon area by designating its future land useage as agricultural. Revisions to the City's Development Regulations may now be prepared. 2. At the express request and direction of the City Council, the City Staff has initiated efforts to formulate specific amendments to the City's Zoning ordinance. The goal of such amendments is to create a unified and balanced plan for the City of Diamond Bar which will eventually result in the estab- lishment of permanent and comprehensive A-2, Heavy Agricultural Zone regulations and policies for the City. 3. The City Council directed that such studies emphasize the formulation of agricultural use provisions thereof. The preparation thereof will provide the necessary guidelines for long-term development in the City. Moreover, the contemplated amendments to the Zoning Ordinance will permit the comprehensive review, together with public input, of applications for properties classified by the General Plan and zoned Agricultural. With the adoption of the Zoning Ordinance, the City Council would consider the repeal of Ordinance No. 5 (1992). Dated: September 21, 1993 es DeStefa o Community Development Director ORDINANCE NO. 5A (1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858 (a) AND MAKING.FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was. established as a duly organized municipal corporation of the State of California. Thereafter, the City Council adopted its Ordinance No. 14, thereby adopting by reference the Los Angeles County Code as the ordinances of the City of Diamond Bar, including Title 22 thereof setting forth the applicable planning and zoning regulations for the City of Diamond Bar. (Hereinafter said Titfe 22 shall be referred to as the "Zoning Ordinance.") (ii) With the recent incorporation of the City of Diamond Bar, the City Council has examined the existing Los Angeles County Zone District Plan and Zoning Ordinance as the same pertain to existing and potential development affecting the ,City of Diamond Bar. Such examination has revealed that there are areas within the sphere of influence of the City which do not provide a stable transition of densities and/or uses and are, as such, incompatible, both internally and with adjacent zones and uses. The City Council adopted, on July 14, 1992, the City of Diamond Bar General Plan which also considers properties within the sphere of influence of the City, the development of which will affect the City. The Agricultural zoning districts of the Zoning ordinance allow for a 1 wide range of land uses permitted by right which do not require discretionary review by the City." Further, it not certain that all such permitted land uses are appropriate land uses within such zoning districts respective to the intent of the City's General Plan. With an adopted General Plan, but lacking appropriate local development standards for review of development, such an approval scheme does not contribute to appropriate community development and would frustrate any effective long-range planning efforts on behalf of the City of Diamond Bar. (iii) In recognition of the need for effective long- range planning criteria, the City Council has.directed staff of the City to study and formulate amendments to the Zoning Ordinance to assure adequate local review of, development standards for, and appropriate permitted land uses within the areas designated in the General Plan as Agricultural land use districts, pending the adoption of the ultimate zoning and development criteria for such lands. (iv) The granting or support of land use approvals and/or building permits for proposed land uses permitted by right would not conform to the General Plan or development approval scheme and would contradict the specific purposes for such Zoning Ordinance amendments as related to consistency with the General Plan. Moreover, pending the completion of such amendments, it is foreseeable that further development proposals or land use proposals for property which is both designated as Agricultural by the General Plan and zoned with an Agricultural zoning district 2 designation will be sought or,submitted which would contradict the ultimate goals of the proposed Zoning Code amendments and the adopted General Plan. (v) This Council is concerned about the creation of an orderly and balanced development within the proximate to the City. of Diamond Bar. Accordingly, to protect the integrity of the adopted General Plan and to assure the continued development stability of those properties both designated by the General Plan - Plan for Land Use and zoned Agricultural within the City of its sphere of influence, this Council finds it is necessary to establish interim zoning policies to allow :City staff the time necessary to investigate and formulate the above -referenced Zoning Ordinance amendments. (vi) All legal prerequisites prior to the adoption of this Ordinance have occurred. S. Ordinance. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council further finds as follows: a. The City of Diamond Bar has adopted a General Plan for development in the City of Diamond Bar. The ultimate goal of the General Plan is to provide a balanced and unified plan'of development within the City of Diamond Bar and its sphere of 01 influence and protect the economic, social and cultural welfare of persons and properties within the City of Diamond Bar. The current Zoning Ordinance of the. City of Diamond Bar does not provide sufficient standards for City staff, Planning Commission or City Council to recommend upon or review applications for the approval, or determination of, appropriate land uses within the areas designated by the General Plan -Plan for Land Use as Agricultural. b. The present recommendation of or approval of any land uses forland both zoned and designated on the General Plan - Plan for Land Use as Agricultural would contradict the ultimate goals and objectives of the General'Plan and would not be subject to adequate local regulation review under the current provisions of the Zoning Ordinance; and C. The recommendation of approval of any proposed land uses within the areas designated as Agricultural in the General Plan -Plan for Land Use and zoned Agricultural under the current provisions .of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar. Section 3. The interim Zoning Regulations pertaining to the permitted land uses within the Agricultural zoning districts which are also designated as Agricultural on the General Plan -Plan for Land Use, as set forth in Exhibit "A1° hereto, which are incorporated by reference herein as if set forth in their entirety, are hereby adopted. Section 4. This Ordinance is enacted under the authority 4 of California Government Code Section 65858 (a) and hereby is extended and shall be of no further force and effect as of the 6th day of October, 1993. Section 5. This Ordinance hereby is declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858 (a) and 36937 (b), and this Ordinance shall take effect immediately upon adoption. Section '6. The City. Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6, as amended. ADOPTED AND APPROVED THIS 17th day of November. 1992. n 5 ���a Z, 42�7--) Mayor Pro Tem I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing ordinance was introduced and passed at a _regular- -meeting - of- the City Council of the City of Diamond Bar held on the 17th day of November, 1992, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, NOES: and Mayor Pro Tem Papen COUNCIL. MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Kim ABSTAINED: COUNCIL MEMBERS: None RAWM 1\WORMORD9 W ORICIXT ATTES Ly Burgos tprk of the City oaf. Daamond Bar 6 ORDINANCE NO. 5 (1992)' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council adopted its Ordinance No. 14, thereby adopting by reference the Los Angeles County Code as the ordinances of the City of Diamond Bar, including Title 22 thereof setting forth the applicable planning and zoning regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as the "Zoning Ordinance.") (ii) With the recent incorporation of the City of Diamond Bar, the City Council has examined the existing Los Angeles County Zone District Plan and Zoning Ordinance as the same pertain to existing and potential development affecting the City of Diamond Bar. Such examination has revealed that there are areas within the sphere of influence of the City which do not provide_a stable transition of densities and/or uses and are, as such, incompatible, both internally and with adjacent zones and uses. The City Council adopted, on July 14, 1992, the City of Diamond Bar General Plan which also considers properties within the sphere of influence of the City, the development of which will affect the City. The Agricultural zoning districts of the 1 Zoning Ordinance allow for a wide range of land uses permitted by right which do not require,discretionary--review by the City. Further, it is not certain that all such permitted land uses are appropriate land uses within such zoning districts respective to the intent of the City's General Plan. With an adopted General Plan, but lacking appropriate local development standards for review of development, such an approval scheme does not contribute to appropriate community development and would frustrate any effective long-range planning efforts on behalf of the City of Diamond Bar. In recognition of the need for effective long-range planning criteria, the City Council has directed staff of the City to study and formulate amendments to the Zoning ' Ordinance to assure adequate local review of, development standards for, and appropriate permitted land uses"within the areas designated in the General Plan as Agricultural land use districts, pending the adoption of the ultimate zoning and development criteria for such lands. (iv) The granting or support of land use approvals and/or building permits for proposed land uses permitted by right would not conform to the General Plan or development approval scheme and would contradict the specific purposes for such Zoning Ordinance amendments as related to consistency with the General Plan. Moreover, pending the completion of such amendments, it is foreseeable that further development proposals .or land use proposals for property which is both designated as Agricultural K by the General Plan and zoned with an Agricultural zoning district designation will be sought or submitted which would contradict the ultimate goals of the proposed Zoning Code amendments and the adopted General Plan. (v) This Council is concerned about the creation of an orderly and balanced development within and proximate to the City of Diamond Bar. Accordingly, to protect the integrity of the adopted General Plan and to assure the continued development stability of those properties both.designated by the General Plan -Plan for Land Use and zoned Agricultural within the City or its sphere of influence, this Council finds it is necessary to establish interim zoning policies to allow City staff the time necessary to investigate and formulate the above -referenced Zoning Ordinance amendments. (vi) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ordinance. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS:. Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.. Section 2. The City Council further finds as follows: a. The City of Diamond Bar has adopted a General Plan for development in the City of Diamond Bar. The ultimate goal of 3 the General Plan is to provide a balanced and unified plan of development within the City of Diamond Bar and its sphere of influence and protect the economic, social and cultural welfare of persons and properties within the City of Diamond Bar. The current Zoning Ordinance of the City of Diamond Bar does not Provide sufficient standards for City staff,, Planning Commission or City Council to recommend upon or review applications for the approval, or determination of, appropriate land uses within the areas designated by the General Plan -Plan for Land Use as Agricultural. b. The present recommendation of or approval.of any land uses for land both zoned and designated on the General Plan -Plan for Land Use as Agricultural would contradict the ultimate goals and objectives of the General Plan and would not be subject to adequate local regulation review under the current provisions of the Zoning Ordinance; and C. The recommendation of approval of any proposed land uses within the areas designated as Agricultural in the General Plan -Plan for Land Use and zoned Agricultural under the current Provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar. Section 3. The interim Zoning Regulations pertaining to the permitted land uses within the Agricultural zoning districts which are also designated as Agricultural on the General 4 Plan -Plan for Land Use, as set forth in Exhibit "A" hereto, which are incorporated by reference herein as if set forth in their entirety, are hereby adopted. Section 4. This Ordinance is enacted under the authority of California Government Code Section 65858(a) and shall be of no further force and effect forty-five (45) days from the date of ac;option of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858(a). Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6, as amended. ADOPTED AND APPROVED this th day of October 1992. ay I,. LYNDA BURGESS, City Clerk of the .Ci y of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced and passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of October 1992, by the following vote: 5 AYES: COUNCIL MEMBERS: Forbin q, Miller, MPT/paper., *TOES: M/KiCOUNCIL MEMBERS: None- ABSENT: ABSENT: COUNCIL MEMBERS: Werner ABSTAINED: COUNCIL MEMBERS: None ATTEST: Cit Clerk cf ti e `amity of Diamond Bar 511011/ORDIZONE/DB 6 ORDINANCs NO. _(1994) S%BIBIT A INTERIM A-2 ONS R GUT ATIONS SECTION 100 TITLE AND PURPOSE sapyrCABT7rat Establishment of an A-2 Zone (Heavy Agricultural Zone) prescribing use, types and other regulations for the zone. The purpose,of the regulations for this zone is to implement policies contained in the General and to provide zoning consistency. This interim Ordinance shall be applicable only to properties designated by the General Plan as AG, Agricultural and also zoned.A-2 (Heavy Agricultural Zone). SECTION 200 USES P MTTTFn• The following use type shall be permitted by right: (a) Open Space - preservation of existing natural/native open space lands. SECTION 300 USES PERMITTED SUBJECT TO CONDTTTANLT ttes esr The following use types shall be permitted subject to obtaining a Conditional Use Permit pursuant to Chapter 22.56, Part 1, of the Los Angeles County Planning Zoning Code. (a) Agricultural - livestock grazing. (b) Commercial recreation - campgrounds and related accessory recreational facilities. SECTION 400 DEVELOPMENT STANDARDS Standards for development shall be determined through the Conditional Use Permit process. F:IWPSlIWORXIMARt YNy AQP T.FxA nuniuti rH,% reei F. take of California GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET PETE WILSON SACRAMENTO 96814 LEE GRISSOM GOWANOR . OIRFCTg1 916/445-4831 January 31, .1994 Mr. Gary H. Werner, Mayor city of Diamond Bar' city Hall 21660 East Copley Drive Diamond Bar, California 91765-4117 subject: City of Diamond Bar's General Plan Extension Dear Mayor Werner: This letter informs you that I have conditionally approved Diamond Bar's request for an extension of time for adoption of the city general plan. This extension is granted for a term of nine months, beginning -January 31,'1994 and sanding October 31, 1994 or upon adoption of all the affected elemental of the general plan, whichever occurs first. This extension applies to all elements of the general plan, excluding the housing element. As the basis for granting this extension, I refer to the findings made by the Diamond Bar City Council in Resolution No, 94-01. 1 have determined that the resolution and additional supporting data submitted to me by the city comply with Government Code Section 65361, The grant of an extension under section 65361 and its relevant subsections releases the city from the requirem�ant that it maintain a complete. and adequate general plan. In accordance with the powers granted me .by section 66361, 3 have made this extension subject to certain conditions which will ensure compliance with planning and Zoning law$. The following conditions shall take effect immediately and shall remain -in effect during the term of this extension. I reserve the right to amend the conditions, if necessary, at any time. .-This extension is granted on the presumption that the city will make a concerted effort to completo.its general plan within the allotted time period. A further extension of the plan may not be granted if the city has not made substantial progress in completing .its general plan. Feb. 2 '94 13:04 KONICA FAX 720 Mr. Gary H. Werner, Mayor January 31, 1994 Page Two CONDITIONS: 1. (a) Until approval of the draft general plan by the city planning commission, the city maxnat approve discretionary land U86 Projects unless: it makes written findings, supported by substantial evidence in the record, that there is littls•cr no probability that the project will be detrimental to or interfere with the future adopted general plan if the project is ultimately inconsistent with that plan. (b) Upon approval of the draft general plan by the city planning commission, the city may approve discretionary land use projects only when it makes written findings, based upon substantial evidence in the record, that such Projects are consistent with the draft general plan. Upon the planning oommissioW s approval of the draft, findings ofprobability of no detriment to the future .general plan will no longer be mired. 2. The city shall not initiate, accept, process, or approve general plan amendments during the period of this extension. The only permissible exceptions to this condition apply to general plan amendments as may be necessary to: (a) 'continue processing general plan amendments or specific plans, initiated prior to the effective date of this extension; (b) revise or implement administrative or impact tees Pursuant to the California Government Code.; (c) incorporate.solid waste, hazardous waste management Plans, or other plans as may be required by state or federal law, including required updates; (d) approve permits to construct and operate municipal waste disposal, solid waste disposal, or hazardous waste facilities (including, but not limited to landfills, transfer stations, material rescovery facilities, household hazardous waste facilities, etc.) in the city. 3. The city shall not initiate or process any specific plans (as defined in Government code section 65450) or specific plan amendments until approval of the draft general plan, except for those initiated prior to the effective'date of this extension. -z b. 2 '94 13:05 KONICA FGX 720 p, Mr. Gary H. Werner, Mayor January 31, 1994 Page Three 4. The city shall not initiate, accept or process new applications for vesting tentative maps, development agreements, or any other agreement which vents and legally precludes unilateral changes in land use by the city during this extension, except for those initiated prior to the effective date of this extension. 5• The following terms are•defined for the purposes of this extensions (a) "Discretionary land use project," is defined as a zoning ordinance map or text sasendment, specific plan when allowed pursuant.to Condition 03 herein, planned development, conditional use permit, variance, and tentative subdivision asap (including a tentative parcel map but excluding a vesting tentative map), or public works or capital improvement project (except for those projects necessary for.maintenanca or public safety). (b) "city" is defined as the city council, as well as any other city official, commission, or individual delegated. administrative responsibility under city ordinance or policy. (c) "Draft general plan" is defined as the proposed general, plan approved by the Planning commission and referred to the city council .for action. 6. Ministerial, non -discretionary actions such as approval of a final subdivision map, lot linea adjustment, Oita plan review, or building permit whsra no conditions are imposed shall not be subject to the restrictions enumerated in this latter. 7. The city shall submit a copy of the draft general plan and the accompanying draft Environxantal Isapact ReportEIR) to the Governor's Office of Planning and Research at least thirty (30) days prior to final consideration by the city council. a. The city shall submit a copy of the draft housing element to the State Department of Housing and community Development (HCD) at least 90 days prior to adoption. Further, the city shall respond to HCDIs comments in a timely fashion prior to taking final action on the general plan. 9. The city shall continue to comply with applicable federal, state, and regional requirements, including the California Feb. 2 '94 13:65 KON ICA FAX 720 0 Mr. Gary H. Werner, Mayor January 31, 1994 Page Four. Environmental -Quality --Act (Public Resources Code section 21000 at seq.). This extension doom not release the city from its obligation to comply with all city ragulations and Policies other than the general plan. I am willing to discuss these gonditions or other aspects of this extension if you believe they are not well taken or advisable. In any event, if you have any questions pertaining to this extension, please contact Robert Cervantes of .my office at (916) 445-4831. Si ®rely, LYS GRISSOM Director cc: senator Frank Hill Assemblyman Paul Horcher CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION DECEMBER 13, 1993 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 p.m. at the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Chairman Meyer. ROLL CALL: Commissioner Grothe, Vice Chairman Plunk and Chairman Meyer. Commissioner Flamenbaum arrived at 7:12 p.m. Commissioner Li was absent (excused). Also Present were Community Development Director James DeStefano; Planning Technician Ann Lungu; City Engineer Mike Myers; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers INTRODUCTION OF CDD/DeStefano introduced and welcomed the new NEW CITY Interim City Attorney Michael Montgomery. ATTORNEY: ICA/Montgomery expressed his pleasure to be working with the City and the Planning Commission. MATTERS FROM None THE AUDIENCE: CONSENT VC/Plunk requested the following changes to the CALENDAR: minutes of November 22, 1993: indicate "Chairperson" as one word; properly indicate Min. of Nov. 22 " ..and equal split vote..." on page 3; properly indicate "..:or urgency of the item..." on page 4; hyphenate the word "non-binding"; and properly indicate "C/Flamenbaum". Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to approve the Minutes of November 22, 1993, as amended. OLD BUSINESS: Chair/Meyer noted .that the Planning Commission received the final draft of the Planning Commission Final Draft Policies and Procedures Manual for review, Planning incorporating the revisions of the Brown Act which Commission will become effective April 1, 1994. Policies and Procedures VC/Plunk inquired if ICA/Montgomery had an Manual opportunity to review the document. ICA/Montgomery stated that he has reviewed the document and finds everything to be in order. December 13, 1993 Page 2 VC/Plunk then made the following suggestions to amend the Planning Commission Policies and Procedures Manual: rewrite the second paragraph, on page 6, under "Effectiveness" to read "Effective Commissions set clear objectives, prioritize tasks, anticipate and analyze concerns. They listen empathetically, and they diagnose options to develop a plan of action."; delete the second sentence in the first paragraph, under "Effectiveness"; add "and goals" to the end of the third sentence in the first. paragraph, under "Effectiveness"; and correct the word "maybe" to "may be" in the first sentence of the third paragraph. VC/Plunk then questioned if items 3-6, on page 6, are appropriate. ICA/Montgomery explained that it is appropriate for the Planning Commission to place as many sensitivity training goals in the policy. as desired, subject to State statute. VC/Plunk then requested that the last sentence in item 12, on page 7, be corrected to read "No one should... C/Flamenbaum suggested that the statement "A split vote (negative, affirmative, or neutral)... 11, on page 8, under "Quorum", be moved under "Motion". It was the consensus of the Commission to accept the suggested changes to the document. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to adopt the final Draft Planning Commission Policies and Procedures Manual, as amended. NEW BUSINESS: None CONTINUED PUBLIC Chair/Meyer suggested that, following the public HEARING: hearing, the matter be continued to a meeting in January of 1994 in order to give the new City ZCA No. 93-3 Attorney and City Council sufficient time to Property properly review the document. Maintenance ordinance CDD/DeStefano reported that the Planning Commission continued the public hearing regarding the. Property Maintenance Ordinance at the October 11, 1993 meeting in order to allow for further preparation and revision of the ordinance. December 13, 1993 Page 3 Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Mr. Bob Zirbes, President of the Diamond Bar Improvement Association (DBIA), suggested the following changes to the document: page 16, under "Penalties", should include a provision for an appeal process; the document should be sensitive to the needs of financially disadvantaged residents; delete the statement, " ..and a resulting decline in the property.values within the City of Diamond Bar," from "Purpose and Intent", on page 2, because it cannot be enforced; a boat is a recreational vehicle that is allowed further in the document and should therefore be stricken from section 22.54.030 A, on page 4; delete the entire section 22.54.040 B on page 4; deleted "sagging roof" from section 22.54.060 A, on page 5; amend section 22.54.060 B, on page 5, to read, "Substantial areas of visible deteriorated..."; section 22.54.060 D, on page 5, is a Health and Safety issue and should be removed; items 22.54.060 E, F, and G, on page. 5, are covered under, Building and Safety Codes and should be removed; the suggestions made should also be applied to multi -family standards, etc., as well; and the statement "commercial purposes" in section 22.54.050 B, on page 5, should be more explicit because there may be confusion among those owning pick up trucks, or vehicles that have a high gross vehicle weight. CDD/DeStefano explained that the Enforcement/Abatement Procedures is not specifically a part of this draft because it is the Planning Commission's responsibility to establish the standards and recommend policy for those standards, and the purview of the City Council to deal with specific issues of enforcement and the abatement procedures. Chair/Meyer expressed his concern that the Planning Commission is being asked to piece -meal their review of the Ordinance. He stated that even though the penalty phase is not within the jurisdiction of the Planning Commission, the Planning Commission should be made fully aware of any punitive measures that go along with the Ordinance. He requested that the penalty phase be included with the next Draft Ordinance to be presented to the Commission. C/Grothe stated that if the penalty phase cannot be presented to the Planning Commission for review, December 13, 1993 Page 4 then the "Penalty" section should be omitted from the Ordinance. Mr. Oscar Law, residing at 20511 Pathfinder, concurred with the suggestions.made by Mr. Zirbes. He questioned why such items as broken toilets, leaking roofs were not deleted from the draft Ordinance as was requested at the last public hearing. Mr. Don Schad, a resident, also supported the comments made by Mr. Zirbes. He made the following comments: section 22.54.060 A -G fall under the Purview of the Building and Safety Department; and the "Penalty" section should include a provision to allow those financially disadvantaged an appeal process. Mr. Don Fisher, residing at 465 Burgante Drive, referring to section 22.54.050 B, on page 5, noted that the State considers any vehicle witha commercial plate. to be of a commercial use in California. He also noted that the Walnut Recreational parking area for motor vehicles is all gravel, not paved, which is contrary to section 22.54.260 "Motor Vehicle Parking", on page 13. Mr. John Okel, residing on Burgante Drive, expressed his support with the intent of the Ordinance, but emphasized that a person in violation should not be placed in jail, nor should it be suggested. Mr. Frank Dursa, a resident, expressed his support that the Ordinance was amended to allow recreational vehicles to be parked in the driveway. Chair/Meyer stated that staff has been directed to do a comparative analysis of Chapter 99 of the Los Angeles County Building Code, which dealt with property maintenance standards for the City, and the proposed Property Maintenance Ordinance. Red Calkins, a resident, expressed his dissatisfaction with the Code Enforcement Officer. Mr. Don Gravdahl, a resident, suggested that section 22.54.050 B, on page 5, be amended to define "commercial" by the gross weight of the vehicle when fully encumbered. He then suggested that the proposed Ordinance indicate specifically how much of the frontage of a house can be a paved surface. December.13, 1993 Page 5 Mr. Max Maxwell, a resident, inquired if the proposed Ordinance affects existing CC&R's. Chair/Meyer explained that CC&RIs are separate documents created under the terms of the subdivision and are enforced by the Homeowners Association, not by municipalities. The proposed Property Maintenance Ordinance would not .impact the CC&RIs. Mr. Richard Murietta, a resident, inquired if the proposed Ordinance would apply to problems associated with fraternity houses, .such as those operating on his street. Chair/Meyer suggested that Mr. Murietta contact staff for assistance in addressing those problems. Mr. Don Fisher, a resident, concurred that fraternity houses, specifically' at 310 Ballena Drive, have been a problem for some time. There being no one wishing to provide further comment, Chair/Meyer returned the matter back to the Commission for consideration. C/Flamenbaum made the following comments: driveways should be covered under the Development Code; the document needs to specifically define front yard, side yard, etc., for enforcement purposes; section 22.54.050 B, on page 5, is poorly written and does not specify any time durations; leaky roofs, bad drainage, etc., fall under the Building and Safety Codes; and the Planning Commission had directed staff to include language that the City could place a lien on the property in order to get reimbursed if the City did any repair work following the appeal process. C/Flamenbaum then stated that he would not give consideration to the proposed ordinance unless it included an Enforcement/Abatement provision. C/Grothe made the following comments: omit section 22.54.060, on page 5, from the document, except the first paragraph; delete the statement "free of weeds" from section 22.54.070, on page 6, second line; rewrite item 2 from section 22.54.080, on page 6, to be less restrictive; and section 22.54.030 B, on page 4, should allow for at least two weekends to do repairs. Chair/Meyer, referring to section 22.54.030 B, pointed out that, with an appeal process included December 13, 1993 Page 6 in the proposed Ordinance, an individual would have an opportunity to demonstrate why that specific time period was inappropriate. The Planning Commission concurred that 10_ consecutive days was a reasonable time frame to accomplish repairs, as indicated in section 22.54.030 B. VC/Plunk suggested that ICA/Montgomery meet with the Property Maintenance Ordinance subcommittee to review the document. She stated that it was her impression that some of the examples given in the different sections were included for enforcement purposes. She inquired if it was the opinion of ICA/Montgomery that some of the items in the document should be separated from the Development Standards. She also questioned if including definitions in the document was redundant and/or could have the potential to contradict the intent of the proposed Ordinance. VC/Plunk then suggested that the document be reviewed by the Planning Commission one year after its adoption to determine its effectiveness. Chair/Meyer reiterated his request for a comparative analysis, in graph format, of the enforcement provisions of Chapter 99 of the Building Code and the proposed Property Maintenance ordinance. He suggested that the proposed Property Maintenance Ordinance include the definitions of "blighting conditions" as clearly defined in the Health and Safety Code. Chair/Meyer then reiterated his request that the penalty phase be included for the Planning Commission's review. Chair/Meyer, in response to VC/Plunk's request to send the document back to the subcommittee, stated that the subcommittee has completed their review and the document is now before the Planning Commission for consideration. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue the matter to the meeting of January 24, 1994, and to direct staff to incorporate the statements made by the Commission this evening into the proposed Property Maintenance Ordinance. VC/Plunk requested the revised document be included in the Commission's packet, for the meeting of January 10, 1994, if possible. December 13, 1993 Page 7 PUBLIC HEARING: PT/Lungu reported that L.A. Cellular is requesting approval to locate and operate a 75 foot monopole CUP No. 93-7 and an unmanned repeater station for a period not L.A. Cellular to exceed six months within an existing commercial development. The project was initiated as a result of the removal of an unmanned repeater station and monopole from the Diamond Bar High School campus. She stated that the applicant is currently involved in negotiations with the school district to locate the.use, once again, at the school. However, in the interim, the applicant is seeking to re-establish service to the community and public safety agencies until a permanent location can be secured. PT/Lungu then noted that the staff report, which indicates that the power source for the equipment is a utility generator, is incorrect, and that the power source will be electricity to the site. It is recommended that the Planning Commission approve Conditional Use Permit No. 93-7 with the Findings of Fact and listed conditions. C/Flamenbaum inquired why the applicant is being required to slurry seal and restripe the parking lot when the request is only for a six month use. CDD/DeStefano explained that since a CUP is a discretionary permit, the Planning Commission and staff have the opportunity to review the entire parcel in its consideration. He stated that staff has recommended that the applicant be requested to provide the much needed improvements to the parking lot at the same time the permit is being requested. Chair/Meyer declared the public hearing opened. ICA/Montgomery noted that, because of the present status of the General Plan, there is a question if discretionary land use permits can be granted at this time. He stated that, though the request is only for six month and the applicant is a utility, a land use permit invalidly granted is always subject to challenge. He inquired if the applicant would be willing to waive recourse for any conditions imposed if it turns out that the authority to grant those conditions were invalid because of any technicality. Ms. Linda Paul, an employee of L.A. Cellular located in Cerritos, stated that L.A. Cellular is more than willing to cooperate with the City, and adhere to any condition that would indemnify the City for any improvements incurred by the applicant if a technicality was determined in the future December 13, 1993 page 8 after receiving the permit being requested. Ms. Paul then made the following corrections to the staff report: L.A.Cellular has _provided service at -Diamond Bar High School since approximately 1986; and the antennas proposed for the site are sectorized, which would not exceed 75 feet by more than six inches. In response to a series of Planning Commission inquiries, Ms.. Paul made the following responses: there is no intent of having the pole at that location longer than 6 months, an alternate site is being actively pursued; a condition limiting the number of extensions granted to 1 or 2 times is acceptable; there is no intent to use the microwave being requested as an option; microwave is used in the event of a disaster; sectorized antennas will most likely be used, however, the option to use a whip antenna is desired; an extension of 6 months is desired; cellular does not cause interference with radio or television reception, but, any complaints received either through the City or directly would be corrected within 5 working days; the condition to slurry seal and restripe the parking lot is acceptable; the broad cast power .ranges from 5-30 watts, and as high as 100 watts per channel; 32 channels are anticipated, which would operate sporadically and very rarely simultaneously; and the microwave dish would broadcast at a 1/2 watt. Ms. Paul then stated that the lack of cellular service along the 57 freeway has caused much consternation among public service agencies because it affects the response time. She pointed out that cellular service is very important to the public's health and safety. Chair/Meyer invited those wishing to speak to come forward. Mr. Oscar Law expressed his concern that the applicant is requesting to install a temporary unmanned cellular communication facility in an area that is extremely parking sensitive, and could be greatly impacted if the monopole fell in the event of a natural disaster. Mr. Don Schad suggested that the CUP include a time frame for the removal of the transmission tower after the 6 months or any extended time frame. He then noted that because of the hilly terrain in the area, it is probable that 2 microwave dishes would December 13, 1993 Page 9 be needed to transmit in two directions. There being no one wishing to provide further comment, Chair/Meyer declared the public hearing closed. Ms. Paul, in response to the comments made, stated that parking will not be impacted in any way since the unmanned facility is not in the paved parking area, and there will be no employees on hand. She stated that building permits are obtained from the Building and Safety Department to ensure the pole is installed in a safe manner. She then indicated their willingness to work with staff regarding a timeframe for the removal of the pole. Ms. Paul, in response to C/Flamenbaum, stated that there would only be one microwave dish, and that the diameter of the service would be approximately three miles. In response to a series of inquiries made by Chair/Meyer, Ms. Paul stated the following: removal of the facility would take a few days; because there were some technicalities regarding existing permitting, L.A. Cellular decided that, rather than be in possible violation with the Public Utilities Commission,, it would be more appropriate to move from the Walnut School District site and begin the process of permitting once again; though providers of the same service can locate within 20 to 30 feet of each other, they cannot locate on the same pole because the frequencies used are so similar that interference would be created; L.A. Cellular would like to permanently locate at the School District at the end of the 6 month period; and the facility is typically a prefabricated State approved shelter with a concrete aggregate finish that will be painted any color desired by the City. Chair/Meyer noted that there was discussion in the General Plan to consider the 57 freeway as a scenic view corridor. He then inquired if the piece of property is an underground utility district. He also inquired if a design review is needed for facilities on commercial property. CDD/DeStefano explained that the discussion involving the 57 as a scenic view corridor indicated that any development in the area should reflect that scenic nature in terms of preservation. He stated that it has not been December 13, 1993 page 10 determined if the property is an underground Utility district, but any new development would be required to put in underground utilities, and, if feasible in terms of -'-provision of service and fixtures, existing facilities would be placed underground. He then explained that design reviews are typically done for permanent facilities over a specific size. However, this monopole is temporary, and the zoning code does not address temporary installations, a CUP process was utilized. Chair/Meyer expressed concern that the CUP process, which is typically reserved for more permanent land use entitlement, is being used to allow for this temporary use application. ICA/Montgomery suggested that the Planning Commission consider a short term franchise agreement under Utility Code 6264, which is an exception to the provision that would allow a six month franchise to operate the facility at that location without obtaining any zoning or location rights. Chair/Meyer suggested the Planning Commission consider adding the following conditions: require a cash bond or adequate surety that the facility will be removed; include a time frame for removal of the facility after proper notification be included; and require 5 working days to service problems generated from the facility. VC/Plunk inquired if the applicant would be willing to waive the antenna whip: Mr. Royce Cassort, the Construction Manager for L.A. Cellular, explained that they have requested the option of using either the whip or directional antennas because it is uncertain if the directional antennas will perform as needed. It would be acceptable if it were conditioned as "either/or" because both equipment would not be used. He stated that southern California Edison has indicated that they have the option of setting a temporary 20 foot power pole rather than disturbing the landscaping to go underground. He also stated .that the microwave dish is not needed since they are able to get telephone service from the building next door. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to approve the CUP temporary franchise agreement with the following modifications: December 13i 1993 Page 11 amending line four of the title of the Planning Commission Resolution to read "An application to install a temporary franchise for an unmanned cellular."; delete Finding of Fact (e) on page 3 and insert the sentence "The City is operating without a General Plan, therefore the Commission has reviewed the project as a short term utility franchise in conformance with the California Public Utility Code Section No. 6264"; change condition (g) on page 4 to indicate that the repair would be within 5 working days of notification; add condition (1) to read "The pole must be removed within 5 working days and the applicant shall post a cash bond to secure removal in a bond amount to be determined by the City.,,; change condition (c) to indicate that no more than one six month extension of this grant may be requested; and add a condition to exclude the microwave dish. RECESS: Chair/Meyer recessed the meeting at 9:11 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 9:26 p.m. ZCA No. 92-2; CDD/DeStefano reported that the proposed project is V e s t i n g located within Significant Ecological Area (SEA) Tentative No. 15 and has been determined by the City to Map No. 51169; require an Environmental Impact Report (EIR) to CUP No. 92-3; analyze the project's impacts and appropriate Oak Tree Permit mitigation measures for those specific impacts. No. 92-3; and The DEIR review period is scheduled to. close on EIR No. 92-2 December 15, 1993. He stated that a Significant Ecological Area Technical Advisory Committee (SEATAC) is in the process of reviewing the project, and will provide the Planning Commission with a report regarding their review of the biota aspects of the DEIR. CDD/DeStefano then stated that since the City is presently operating without a General Plan, review of the DEIR, as anticipated, cannot occur. ICA/Montgomery stated that he had a preliminary discussion with the applicant regarding the issue of the lack of a General Plan. Since the Mayor has indicated a desire to adopt a new General Plan within 90 days, ICA/Montgomery asked the applicant if they would be agreeable to continue the matter for 90 days, without prejudice to any time limits that may be under consideration. He stated that the applicant can make a presentation if they so desire, However, since the present General Plan has been suspended by virtue of the filing of the referendum petitions, a decision cannot be made this evening by this body. December 13, 1993 Page 12 Lex Williman, the Planning Director for Hunsaker and Associates, 10179 Hunikans, San Diego, representing the applicant, stated that the _applicant._will acquiescetocontinuance, without waiving any rights regarding, the hearings, or the vesting map associated 'with the existing General Plan as originally approved. Upon the recommendation of ICA/Montgomery, the Planning Commission concurred with the applicant's agreement to a continuance, until such time as the General Plan is adopted, upon the condition that the agreement does not constitute a waiver of any rights. Chair/Meyer declared the public hearing open, and invited those wishing to speak to come forward. Mr. Max Maxwell requested clarification of the applicants reference to the General Plan. Chair/Meyer explained that the applicant has indicated a concern that there may be some legal rights associated with the vesting tentative map. Mr. Don Schad pointed out that originally GPAC recommended IDU/2.5 acres for that area. He offered to submit his comments regarding the DEIR. However, upon being advised by ICA/Montgomery that since he may be considered as a candidate for Planning. Commissioner in the near future, he may want to consider that any testimony presented may foreclose him from voting on the application when it comes before the Planning Commission. Mr. Schad chose to offer no further comment. CDD/DeStefano recommended that the matter be continued to the meeting of March .28, 1994. Moved by C/Flamenbaum and seconded by Chair/Meyer to continue the matter to the regular meeting of March 28, 1994. The Motion carried with the following ROLL CALL vote: AYES: Grothe, Flamenbaum, Plunk, and Meyer NOES: None ABSTAIN: None ABSENT: Li ANNOUNCEMENTS: CDD/DeStefano reported that the City staff has filed a response to the City of Industry's Notice of Preparation opposing the site for the proposed Reduction Recycling Element and the Material December 13, 1993 Page 13 Recovery Facility. COMMISSION C/Flamenbaum stated that he received notice from COMMENTS: the City of Brea that an DEIR has been prepared concerning the Olinda Heights project which borders Tonner Canyon. VC/Plunk expressed her opinion that the City needs to move away from "pro growth vs. no growth" and encourage the intelligent use of resources. She welcomed ICA/Montgomery. She then inquired of the anticipated process to revise the General Plan. Chair/Meyer noted that, even though a Planning Commission meeting is scheduled for December 27, 1993, no items have been placed on the agenda for that meeting. He then stated that the City Council will be considering, at its December 14, 1993 meeting, a resolution repealing the existing General Plan and appointing a citizens advisory committee, consisting of members of the City Council, City Commissions, business community, citizen's group, and community residents, to facilitate preparation of the 1994 General Plan. Chair/Meyer volunteered to serve on the committee and bring information back to the Planning Commission. He then welcomed ICA/Montgomery. ICA/Montgomery, in response to VC/Plunk, reviewed the procedures for the Planning Commission to follow to receive a legal response on any concern,' legal inquiries, or planning matters. He explained that the intent of the procedures, which now require meetings to be held at City Hall with the presence of two Commissioners and the City Planner, are to establish a spirit of openness as well as to cut down on the costs of legal fees. ADJOURNMENT: Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 9:57 p.m. to December 27, 1993 at 7:00 p.m. James DeStefano Secretary Attest: David Meyer Chairman AGENDA ITEM No. 4 dlYllL�rdlYLC®1L1�`iSSVl(UV� ' DATE: February 14, 1994 TO: Chairman and Planning Commissioners FROM: Robert Searcy, Associate Planner RE: Conditional Use Permit No. 94-1 The proposed helispot has been contemplated for this area for some time in order to serve the northern portion of the City. The site is located on a knoll west of ,the Walnut Valley Water District reservoir tanks which overlook the vacant Pantera Park and school sites. There is residential development to the east, west and south of the site ranging from approximately 650 to 800 feet from the location of the helispot. The helispot is situated approximately 120 feet above Pantera Drive. The proposed site has been graded and is primarily free of vegetation. The down drains are the most notable features of the westerly down sloping elevation with natural grasses and cacti on the southerly and easterly slopes. The site will be utilized for emergency fire protection and periodic training for the Fire Department. Vehicular access to the site will be taken from an extension of the existing maintenance road serving the reservoir site which 'is taken from Eastgate Dr. The project will require grading and the extension of water services from an existing 12 inch water which runs parallel to the helipad along the eastern elevation. The helipad is proposed as an unmanned project which will be used infrequently for training sessions (3-5 days per year) and as emergency situations dictate. The helicopters that will use the helipad are used primarily for water drops during grass fires which are known to occur during the yearly fire season. A .fire hydrant is proposed installation on-site with a connection from a water line fed by the adjacent water reservoirs. No lighting is proposed as a part of this project as night flights are extremely rare in fighting grass fires. Development of the immediate surrounding area is primarily of a residential character although the future Pantera Park and Pantera School sites are located immediately to the west of the site. Zoning of the subject site and surrounding development is Zone RPD 20,000- 2U. No change in zoning is requested as a part of this project. The project proposes to complete an unbalanced cut/fill grading project with exportation in order to create twin concrete 20' X 20' landing pads and the 8 inch deep all weather surface around them. Currently the site has been rough graded as a part of the construction of the adjacent water reservoirs. The helispot will have a berm constructed around the perimeter in order to reduce the quantity and velocity of runoff attributable to the increase in nonpermeable surfaces. This is important as there are cacti and oak trees adjacent to the site which are not receptive to large amounts of unseasonal moisture. Servicing and maintenance of the facility is projected to be no more than four (4) times a year. The demand for parking is therefore minimal and can be provided on the 20 feet wide drive approach from the reservoir. This project will not significantly increase the traffic or parking demand of the surrounding residential area nor of the subject site. Staff does not recommend any scheduling of special hours for maintenance of the facility because of the distance to sensitive uses (residential development and schools). Training sessions should be conducted during daytime hours and on weekends to reduce the noise impacts that helicopter flights will generate. Additionally, staff recommends that the Fire Department limit training sessions at this facility to a minimum and concentrate training sessions to more isolated facilities. Staff has received one response from the public prior to the scheduled public hearing. At the heart of the issue, the resident expressed concerns for the blowing trash and debris. The property owner stated that in the past. debris from the site has been blown into the pools and backyards of residents on Sunriver Dr. which is located on the east side of the reservoir and ridge. Conclusion: Presently, staff is continuing to research this project and will re -notice the public hearing for the project for the Planning Commission meeting of March 14, 1994. ATTACHMENTS: Application Site Plan Grading Plan C:\LETTER\REPORTS\I-MLISPOT.MEM DEPARTMENT OF PLANN1 G 21660 E. Copley Drive Suite 190 (714)396-5676 Fax (714)861-3117 CONDITIONAL USE PERMIT APPLICATION Record Owner(s) (Last name first) Address City � _,C,- Recvd Fee S Reqei t M By� Applicant Applicant's Agent Los Angeles County Fire Department Randy Gomez 1320 N. Eastern Los Angeles, Ca 90063 Same Los Angeles, CA zip 90063• Phone( ) (213) 881-6122 ( ) (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint veritures, and directors of corporations) CONSENT: I consent to�the _submission of the application accompanying this request Signed � � ft'rTA D ts-mjt. Date 10 fte/ci3 (ALL recorded owners) Certification: 2, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge_ Printed Name: Randy Gomez (Applicant �orRAgent) c Signed ��� eA , AC \OL'� ` 1 z -r- Date_ (Applicant or Agent) Location D91 , 77 ry ! (Street address or tract and lot number) 11 Zoning KPD - Ly� —LLi HNM I �� —3L49 Previous Cases Present Use of Site Use applied for Vacant Fire Department Hel Project Size (gross acres) 1 Project density A Domestic water source Hydrant Company/DistrictWalnet Valley Water Method of Sewage disposal. Sanitation District Grading of Lots by Applicant? Yes g No (Show necessary grading design on site plan or tent map) APPROPRIATE BURDENS OF.PROOF MUST ACCOMPANY REQUEST DESCRIPTIO. (all ownership comprising the proposed lot s)/parcel(s) 9'T aT 31 1+-l-q Area devoted to structures N/A Landscaping/OpenN/A space Residential Project: N/A and N/A (gross area) __ _.._ (No. of lots) Proposed density (Units/Acres) Parking Required Provided Standard _ 14A Compact Handicapped Total OCT -29-1993 11.21 FROM LRCoFD FCCF LOBBY— TO 19096613117 P.03 At • ,,,� COUNTY OF LOS ANGELES FIRE DEPARTMENT k • 140 NOAT H EASTUM AVENUE q ��t LDS ANGELES. CALIFOFMA "" (213) 881-Q721 P- WCFIAEL.FREEMAN PgRs CHEF L, L y w FOR63TER `FIRE WARDEN 093 September 24, 1993 Tim MCGinnis, Executive Vice President 9r8ma1e8 California, Inc. 100 Bayvlew Circle, Suite 2000 Newport Beach, CA 92660 Dear Mr. McGinnis: SUBJECT: PROPOSED HEUSPOT 120A, DIAMOND BAR This Department is Proceeding with deveiopmont pians for proposed Hellspot 120A In Diamond Bar, Enclosed is a COPY of the Proposed grading plan for the Project. The City of Diamond Bar is ready to Issue a temporary permit for construction and operation of this helispot. They are requiring a letter from your firm, as property owner of record, Indicating your concurrence with this project. As stated In previous correspondence, all Costs associated with thisproject will be absorbed by the Consolidated Fire Protection District of Los Angeles County (District) with compliance to City of Diamond gar codes and ordinances. T11 District Is a self - Insured entity and, as such, Is unable to provide the standard "Certificate of Insurance." The District agrees to hold 9ramalea California, Inc., harmless from any liability, costs, damages, or other cause s of action which may arise by reason of the use of these Premises by the District, its agents, employees, and representatives. If you require additional information on this matter, please contact me at the above telephone nu VeryAIBUR RANDYSTRUCTION COORDINATOR SERVIC FIG,dkj Enclosure TOTAL P.03 WAVING THE UNINCORPORATED AREAS Of LOS ANGELES OftFAWJA AATESAA O'DBt70.r COUNTY AND THE CITIES OP. OIA6g1R�Al1LAC° ZON AMDAtP"NM �UAXM ML NUD"MIK Caw" WDO LA ° =A jsa A eo11TH0AT! 3lLLPLCMNiA lELL4AAD1015 O MN°t 0 9 PnRK LANG187EA A010 PAi,Mp a MLT" HILLSEstaGS TEI.tI+IEC'IiY Cl7Dwry n10U8TKY � �E PPA BESu+r[i 9 DIAw vMITTWcKkrivow M1nAcwaTA We VILLAda TOTAL P.03 OCT -29-1993 11:21 FROM LACoFD FCCF LOBBY-- ® wMIN C&It MIM, Inc. 100 Bayview Mcie, $43 w NawpM Beach. CW60M 02M (714) 504OW Otl�e October 28, 1993 Randy Gomez, Construction Coordinator Services Bureau County of Los Angeles Fire Department 1320 Nnrth Eastern Avenne Los Angeles, California 90063.3294 TO 19098613117 P.02 RE: Proposed Helispot, Diamond Bar This letter is to indicate that we concur with this project as presented in your letter dated September 24, 1993. (A copy of your letter is attached.) Sincerely, McGinnis Executive Vice President rat^-aesr-ter Cwn Mle, 0 R"Womial a I kwfist omlopw Bramalea California, Inc. 100 Bayview Circle, Suite 2000 Newport Beach, California 92660 (714) 509-4600 Executive Offices May 24, 1993 Mr. Gary M. Lockhart Assistant Fire Chief COUNTY OF LOS ANGELES FIRE DEPARTMENT 605 N. Angeleno Avenue Azusa; California 91702 RE: Helipad Sites in Diamond Bar Dear Gary: Pursuant to our discussions, Bramalea has agreed to provide a revocable easement to the Consolidated Fire Protection District of Los Angeles County (the "District") to use a portion of its property located in Diamond Bar, California for the purpose of constructing an emergency helispot site to provide fire protection and emergency medical services. Bramalea will provide this site to the District based upon the following terms and conditions which shall be incorporated into a binding legal document: 1) The District shall provide to Bramalea a certificate of insurance with Bramalea named as an additional loss payee in the types and amounts as set forth below: (a) Comprehensive General Liability Bodily Injury $ 1,000,000 per person. (b) Property Damage $1,000,000 per event. (c) Automobile Liability $ 500,000 per person. (d) Automobile Liability; bodily injury $ 500,000 per event. (e) Automobile Liability; property damage $ 500,000 per event. (f) Workmen's Compensation Insurance fully covering and indemnifying Bramalea and the District as their respective interest may appear and to the satisfaction of Bramalea, against any loss because of injury or damage to persons or property during the uses of the helispot sites. 2) All costs associated with the development of the property will be paid for by the District. 3) The District shall submit to Bramalea its improvement plans for the site prior to commencing construction. The plans shall be subject to Bramalea's reasonable approval. 4) The District agrees to comply with all City, County, State, and Federal laws and ordinances regarding the improvement of the site. Commercial • Residential • Industrial Developers inu n 17-F9 Mr. Gary M. Lockhart May 24, 1993 Page 2 5) The District agrees to hold Bramalea harmless from any liability, costs, damages or other.causes of action which may arise by reason of the use of the premises by the District, its agents, employers and representatives. 6) Upon execution of the formal binding agreement, Bramalea will provide to the District an easement, at no cost to the District, for the helispot site. 7) The District shall be responsible for the cost and preparation of a survey and legal description for the helispot sites. 8) By execution of this letter, Bramalea grants to the District permission to enter the property for the purpose of conducting a survey, provided that the certificates of insurance mentioned above have been delivered and accepted by Bramalea. If this letter accurately summarizes our agreement, please execute the copy enclosed and return it to me. We are reviewing the License Agreement at this time and will respond shortly with any comments we may have. Sincerel , Tim McGinnis Executive Vice President Acknowledged, accepted and agreed to this day of , 1993. Consolidated Fire Protection District of Los Angeles County By: Name: Title: TRM:pke F:\13nd\im\gloUNart524 B. ENVIRONMENTAL INFORMATION 1. Environmental Setting --Project Site a. Existing use/structures N/A.. Vacant. b. Topography/slopes Existing knoll at ridge line approximate 2:1 existing slope 3bU degrees *c. Vegetation natural, some trees *d. Animals None *e. Watercourses Natural down canyon drainage f. Cultural/historical resources None g. Other N/A 2. Environmental Setting -- Surroun4ing Area a. Existing uses structures (types, densities): None b. T000zraohv/slopes existing hillsides, open space *c. Vegetation Natural *d. Animals None *e. Watercourses Natural f. Cultural/historical resources g. Other N/A None * Answers are not required if the area does not contain natural, undeveloped land. (staff use) PROJECT NUA(8ER( s ) : ------------------ ------------------ INITIAL STUDY QUESTIONNAIRE A. GENERAL INFORS(ATION Project Applicant (Owner): Project Representative: Los Angeles County Rand Gomez Fire. Department y 1320 N. Eastern Ave. NAME NA.I(E Satre Los Angeles, Ca 90063 ADDRESS ADDRESS (213) 881-6122 PHONE # PHONE # 1. Action requested and project description: Conditional Use Permit for Fire Department heliport 2. Street location of project: 3a. Present use of site: Vacant 3b. Previous use of site or structures: Vacant 4. Please list all previous cases (if any) related to this project: Unknown 5. Other related permit/approvals required. Specify type and granting agency.Grading Permit Conditional Use Permit 6. _ Are you planning future phases of this project? Xf N If yes., explain: 7. Project Area: Covered by structures, paving: Landscaping, open space: Total Area:a� cre 8. Number of floors: 0 9. Present zoning: Unknown 10. Water and sewer service: Walnut Valley Water District N/A Domestic Public Water Sewers Does service exist at site? )Yg N N If yes, do purveyors have capacity to meet demand of project and ,all other approved projects? Y N Y N If domestic water or public sewers are not available, how will these services be provided? Hydrant will be provided by water district. Temporary sanitation as required. Residential Projects: 11. Number and type of units: N/A 12. Schools: What school district(s) serves the property? N/A Are existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) 2 miles 14, Number and floor area of buildings: N/A 15. Number of employees and shifts: N/A 16, Maximum employees per shift: N/A 11. Operating hours: As needed 18. Identify any: End products None Waste .products None Means of disposal N/A 1.'t►1 h�►I;,Itr►1 : X1.1 yi 'a1 t I I. Background 1. Name of Applicant: Los Angeles County Fire Department 2. Address and Phone Number of Proponent: 1320 N. Eastern Avenue, Los angeles, CA 90063 (213) 881-6122 3. Name, Address and Phone of Project Contact: Randy Gomez, Same 4. Date of Environmental Information Submittal: vo /R 3 5. Date of Environmental Checklist Submittal: 1C) ?--I /q3 6. Lead Agency (Agency Required Checklist): —N /A 7. Name of Proposal if applicable (Tract No. if Subdivision): Los Angeles County Fire Department Helispot 120A 8. Related Applications (under the authority of this environmental determination): YES NO Variance: X Conditional Use Permit: X Zone Change: General Plan Amendment: (Attach Completed Environmental Information Form) H. Environ mental Impacts: (Explanations and additional information to supplement all "yes" and "possibly" answers are required to be submitted on attached sheets) YES NO POSSIBLY 1. Earth. Will the proposal result in: X a. Unstable earth conditions or. changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical feature? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition, erosion of stream banks or land adjacent to standing water, changes in siltation, deposition or other processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: X a. substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: X a. Changes in currents or the course or direction of water movements? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? X C. Alterations of the course or flow of flood waters? X d. Changes in the amount of surface water in any body of water? X e. Discharge into surface waters, or in any alteration of surface water quality including not limited. to dissolved ,but oxygen and turbidity? X f. Alteration of the direction or rate of flow of ground waters? YES NO POSSIBLY 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks or other recreational facilities? X 5.. Maintenance of public facilities, including roads? X 6. other governmental services? 9. Natural Resources. Will the proposal result in: X a. An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal result in: X a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or -- -- radiation) in the event of an accident or upset condition? X b. Probable interference with an emergency response plan or an emergency evacuation plan? 11. Population: Will the proposal: X a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: X a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: X a. . Generation of Substantial additional vehicular movement? X b. Effects on existing parking facilities or demand for new parking? X C. Substantial impact on existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and goods. X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks or other recreational facilities? X 5.. Maintenance of public facilities, including roads? X 6. other governmental services? YES NO POSSIBLY X b. . Does the proposed 'project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X C. Does the proposed project poseimpacts which are individually limited but cumulatively considerable? X d. Does the project pef.B.P 'ro�rRental effects whicW`,;,."""' yyam�^,-� ause subsea ial adverse effects" on�`� uman'Seings , e�t�i.er directly or indirectly? F :< - on�r ( end is ready Por il9g File re�ie�w�dby_ on' - and is ready for destnacuon by City Cleric