HomeMy WebLinkAbout4/11/1994'PLANNING
COMMISSION
AGENDA.
Is w t'] 111119 "'M
7:00 P.M.
South Coast Air (duality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
NK -8-11
• / •/" •#-
D,
LydiaPlunk
Bruce Ramenbaum
Don Schad
•/. / Fong
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.
.Please refrain from smoking, eating or drinJ
in the Auditorium
`he City of . Diamond Bar uses recycled paper
and . encourages you to do the same.
CITY OF DIAMOND BAR
PLANNING COMMISSION AGENDA
April 11, 1994 Next Resolution No. 947
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: COMMISSIONERS: Chairman David Meyer, Vice Chairwoman
Lydia Plunk, Bruce Flamenbaum, Don Schad and Franklin Fong
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
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 Speaker's Card for the recording
Secretary (Completion of this form is voluntary) There is -a five minute maximum_ time limit
when addressing the Planning Commission
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 March 28, 1994
OLD BUSINESS: - None
NEW BUSINESS:
2. Review and Recommendation Regarding Fences & Walls
3. Review of Parking Standards
CONTINUED PUBLIC HEARING: None
PUBIC FEARING:
4. Zone Code Amendment No. 94-1. A request to amend certain provi-
sions of Title 22 of the Los Angeles County Code pertaining to the
City's Sign Ordinance, and requesting an amendment, including but
not limted to, the use of temporary signs including banners and inflat-
able signs.
Applicant: ' City of Diamond Bar
Environmental Determination: The City has determined that the
project is exempt from California Environmental Quality Act pursu-
ant to Section 15061(b)(3).
RECOMMENDATION: Staff recommends that the Planning Com-
mission direct staff to forward a recommendation to the City Council
to amend the Sign Ordinance.
PLANNING COMNIISSION ITEMS:
5. Future Planning Commission agenda items.
INFORMATIONAL ITEMS:
6. Reconsideration of Vesting Tentative Tract Map. No. 47850
7. . Verbal Presentation on status of South Pointe Master Plan
8. Verbal Presentation on status of Unionwide's TT 51169
ADJOURNMENT: April 25, 1994
Fa
March 28, 1994 — found in Minutes Book
Date: March 31, 1994
To: Chairman and Planning Commissioners
From: Robert Searcy, Associate Planner
RE: Fence and Wall Analysis
The Planning Commission recently held a public hearing on a
variance application that sought relief from the development
standard which restricts all structures in the front yard setback
to a maximum height of 42". During the course of discussion the
Commission directed * staff to review the current development
standards and policies in order to evaluate the applicability to
the topography of Diamond Bar.
Current standards are as follows:
Diamond Bar Fences/Wall Standards
1. 4211 (3.5 ft.) height limit in 20 ft. required front yard
setback.
2. 6 ft. height limit for fences and walls as measured from the
average elevation of either side of the wall. A 611 variation
is allowed.
3. 6 ft. retaining wall plus 6 ft. wall for protecting a cut.
6 ft. retaining -wall plus 32 ft. non -view obstructing if
protecting a fill.
n;+4== R11-r-VAU
CLAREMONT
FRONT YARD
REAR AND SIDE YARD
3 FT.
6 FT.
DUARTE
FRONT YARD
3.5 FT.
REAR AND SIDE YARD
6 FT.
GLENDALE
FRONT & EXT. SIDE
is IN.
YARD
SIDE AND REAR YARD
6 FT, 15 FT W/PERMIT
FRONT YARD R/W
5-7 FT.
1
GLENDORA
FRONT YARD
3.5 FT SOLID OR 4
FT.WROUGHT IRON
REAR AND SIDE YARD
6 FT.
LaCANADA/
FRONT YARD
3.5 FT.
FLINT-
SPECIAL PERMIT
6 FT. MAXIMUM
RIDGE
PROCESS
REAR AND SIDE YARD.
6 FT.
LaHABRA
FRONT YARD
3.5 FT. OR HIGHER
HEIGHTS
REAR AND•SIDE YARD
WITH SPECIAL
CIRCUMSTANCES
6 FT.
NORCO
FRONT YARD
3 FT.
.REAR AND SIDE YARD
6 FT.
RANCHO
FRONT -YARD.
3 FT.
CUCAMONGA
REAR AND SIDE YARD
6 FT./8 FT. MAXIMUM
WITH MINOR EXEMPTION
RANCHO
FRONT YARD
3.5 FT.
PALOS
REAR AND SIDE YARD
6 FT.
VERDES
ROLLING
BOUNDARY PENCE
54 IN.
HILLS
RETAINING WALLS
5 FT./AVE. 2.5 FT
ROLLING
FRONT & SIDE YARD
2 FT.
HILLS
INTERIOR SIDE & REAR
6 FT.
ESTATES
YARD
FRONT YARD R/W
5 FT.
WEST
FRONT YARD
3.5 FT.
COVINA
REAR AND SIDE YARD
6 FT.
Modification Procedures
1. Yard Modification: An administrative remedy reviewed by the
Planning Director. Currently, these applications are primarily
for retaining walls which typically range between 7 ft. and 14
ft. No public notice is required. Location, . aesthetics,
compatibility, necessity, and safety are the primary issues
addressed during this review. All appeals are heard before
the Planning Commission.
2. variance Application: This application requires a public
hearing and notification of property owners within a 5001
radius. This application is used when a request is deemed to
be grossly non -conforming. As a result, the findings necessary
K
for approval are quite specific.
The areas staff would direct the Planning commission to consider in
reviewing current standards and policies include but are not
limited to the following:
Areas Most Commonly Affected: Hillside development in Diamond Bar
has a legacy of massive retaining being incorporated into
residential development. Many hillside properties f eature large
lots with small buildable pads.
The nature of hillside development has attracted residents. who
require various amenities such as swimming pools and spas ' , tennis
courts, gazebos and decks. .In order to provide buildable pads,
retaining walls of various sizes have been utilized extensively and
checker hillsides throughout the City.
The majority of the remaining developable areas are hillside.
properties. Currently, the City is i processing approximately eight
l
tentative maps requesting subdivision on.hillside properties.
Hillside Management Ordinance: The Hillside Management Ordinance
(HMO) has been in place for approximately three years. The
ordinance directs development to proceed in a manner that requires
limited use of retaining walls (6 ft. maximum height) and
development in areas capable of providing adequate building pads.
Although the HMO exempts single family infill development, staff
has applied the spirit of the ordinance within the context of the
subject applications and any topographic constraints. As the
Planning Commission and City Council review the 'subdivision
applications and apply the HMO, reliance on massive retaining walls
and block walls will theoretically become less of an issue.
Safety: The restrictions on structures (walls/fences) in front
yard setbacks and the I side yards of corner lots are directly
related to concerns of potentially locating visual impediments in
the line of sight of vehicles. In hillside areas the importance of•
an adequate line of site is amplified because of changes in street
grades, curves, and the prevalence of unsafe downhill speeds. .
Public safety must be weighed aga
by residents who seek to enhance t
concern is not a frequent one
mandatory findings required for
Strict interpretation would allow
a setback only if the topography
inst private safety and concerns
he security of their homes. This
ind it does not conform to the
approval of a variance request.
a non -conforming privacy wall in
dictates that location.
Function of the Wall/Fence: The function of the wall/fence is a
concern within the code in reference to retaining walls. The code
allows a 61 retaining wall topped by a 6' fence or wall when
protecting a cut. When protecting a fill, the maximum height is 61
3
for the retaining wall and a 3:1-2 non -view obstructing on top. There
is no relief for the location of walls.
Alternatives: Possible alternatives to address the requirements
for walls are as follows:
1) Maintain current development standards and processing
procedures.
2) create a policy whereby staff can utilize the Yard
Modification procedure to address minor modifications (5 ft.
maximum height of fences in the front setback with non -view
obstructing materials) within The Country Estates.
3) Develop a policy that would allow front yard fences within
The Country Estates to be constructed up to 6 ft. in height.
Conclusion:
Review of the code and a comparison.of other cities' standards
reveals that the standards .throughout the area are fairly
consistent and Diamond Bar falls somewhere in the middle. Staff
considers the allowance of solid block walls in excess of 42 inches
does not promote the image or vision City has established.
Staff is cognizant that spec ' ial circumstances may occur when the
necessity .for a solid retaining wall may occur., With the use of
the Yard Modification procedure for minor variances to the code,
staff is confident that the majority of these situations can be
addressed.
Recommendation:
Staff recommends that the Planning Commission take no action to
change the policy currently in effect.
Prepared By:
Robert Searcy, Associate Planner
4
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
April 4., 1994
April 11, 1994
Zone Change Amendment No. 94-1
A r ' equest to amend certain provisions
of the Diamond Bar Code pertaining to
the city's Sign ordinance, and
requesting an amendment, including
but not limited to, the use, of
temporary.signs including banners and
inflatable signs.
City of Diamond Bar
City of Diamond Bar
N/A
On June 15, 1993, the City. Council approved the final extension of
Into -rim ordinanc . e No. 2B (1992) thus extending the life of the
ordinance' originally adopted June 2, 1992 and having received the first
extension 45 days following, adoption. State law allows for interim
ordinances to be approved and extended for a period not to exceed two
(2) years. -The interim ordinance allows applicants to apply for the
display of otherwise prohibited signs including, but not limited to
banners, streamers, inflatables and flags. The duration that permitted
temporary signs can be displayed can not exceed 6 . 0 days in a year.
The.City Council approved the extension of Interim Ordinance No. 2
(1992) on July 7, 1992 thus extending the life of the ordinance
-originally adopted on June 2, 1992. The Council adopted theinterim
ordinance in order to supplant certain restrictions on temporary
signage in the signordinanceadopted by the Council on August 20,
1991. The interim ordinance allows applicants to apply for the display
of otherwise prohibited signs including, but not .limited to banners,
streamers, inflatables and flags. The permitted temporary signs can be
displayed for a duration not to exceed 60 days in a year. There is no
opportunity for the City to extend this interim ordinance in its
present form.
1
The City Council has had the opportunity to review the interim
ordinance previously, and has determined that the benefit to the
community and the need for an extension of the ordinance was beneficial
to the community in general and the business community in particular.
At this time, the City must determine whether the interim ordinance and
the situation that necessitated its incorporation still exist and that
the elements of the interim ordinance are adequate to address them.
APPLICATION ANALYSIS:
Temporary Signs
For the period between May, 1992 and May, 1993, 31 temporary sign
permits were issued by the Community Development Department. of the
permits issued, the number of permits extending for 30 days and 60 days
were split 16/15, respectively. During the period from May 1993 to the
date of this report, 27 temporary sign permits have been issued.
Eleven permits have been issued which grant display periods -of up to 30
days. The remaining 14 permits were for periods over 30 days and up to
60 days. Staff has allowed a great degree of flexibility on the part
of the applicants in deciding how to use the 60 day allotment to the
maximum benefit of the individual use.
Enforcement of the temporary sign permits has not proven problematic
although it requires consistent monitoring on the part of the code
enforcement officer. As of the date of this report, there are a few,
businesses that are not in compliance with removal stipulations
subsequent to expiration of the permit.There are several other
businesses which were notified that illegally displayed signage
currently exhibited fall within the envelope of this interim ordinance
and were eligible to receive permits and were directed to the Community
Development Department.
Staff review of the types of temporary signs that have been requested
and permitted indicate that the business community is taking advantage
of the provisions of the interim ordinance and complying with the
standards for display. There have been more applications for temporary
signs than for permanent signs over the period since the interim
ordinance has been. in effect. Most of the temporary signs have been
used in the promotion of special events and serve the purpose of
supplemental signage. At least two businesses have used the temporary
banners to announce the opening of a business prior to obtaining
permanent walls signs.
As staff has had the opportunity to implement and enforce the interim
procedures, portions of the ordinance have shown themselves to warrant
review and possible alteration. Specifically, staff has found the
enforcement of sign removal
oval at the termination of the grant period to
be lacking. Review of other cities has shown that the majority of
these cities enforce their removal of banners and pennants with code
enforcement personnel. This is time consuming and usually. is
ineffective and accomplished on a response oriented basis. The City
of Lakewood has 'incorporated a deposit as a useful tool that is
K
proactive in nature and has a track record of'proven effectiveness..
The applicant is required to post a $100 deposit that is refunded when
the applicant provides proof that the temporary sign has been removed.
The Planning Department had no recollection of an applicant forfeiting
the deposit. This tool.is worth consideration if for no other reason
than the limited size of the Community Development Department and the
constraints related to that and the positive performance the procedure
has produced.
Staff has also found that there are business owners who wish to have
temporary signs up for periods of more than 60 days per year. Most.
commonly, * the - requests from restaurants and specialty shops
predominate. Staff would not be adverse to the lengthening of ' the
availability of temporary signs up to 90 days per year with some
minimum separation between requests.
Incorporation of the interim ordinance into the existing code will
require the amendment Section 22.114 (Prohibited Signs) to allow signs
such as roof signs and projecting signs on a temporary basis.
Additionally, the code will have to add a new section to follow the
Prohibited Signs section.
Current Sign Code- .
Staff has additionally been involved with the implementation of the
Sign Code - as adopted by the Council in 1991. , There has been a
significant concern on the part of staff and the busines's community,
about the onerous requirement of coming to the Planning Commission for
monument sign approvals. The procedure is mandated as an outgrowth of
the Planned Sign Program although the requirements for monument signs
are' clearly delineated and do not always accompany multi -sign -
applications. . Staff has found that the approval of monument signs
could be processed consistently with approved Planned Sign Programs or
pursuant to standards established within the code.
There are other areas within the sign code that are ambiguous to
interpret and inplement for staff, applicants, and decision makers.
For example, two years ago, a wall sign came before the Planning
Commission for review. The Planning Commission found the requirements
within the code to permit the insts1lation of the sign although staff
believed that. the sign may only be installed via relief by the
Commission.
conclusion:
Staff analysis of the use of the interim ordinance . has led to a
determination that the various types of temporary signs permitted have
served a purpose which the business community has utilized extensively.
There have been no incidents where the signs created ahealth or safety
hazard. As the sign ordinance approved by the City approaches the
third anniversary and the Interim Temporary Sign ordinance is due to
expire July 7, 1994, after two years of life, a reasonable time has now
3
elapsed for the evaluation of the performance of the ordinance.
Weighing the frequency of use and type of permits afforded the
community as a result of the interim - ordinance, staff feels an
exhaustive review of the data indicates a demand for these types of
temporary signs to supplement wall and freestanding signs. Staff has
found that there is a desire on the part of the. business community to
use -the -permits -for -longer periods--throughout--the-year.- Additionally,
staff finds that there is evidence that the incorporation of a deposit
to create an incentive for compliance by applicants to be worthy of
consideration.
ENVIRONMENTAL ASSESSMENT:
Pursuant to CEQA guidelines, this project has been determined to be
Categorically Exempt pursuant to 15061 (b) 3.
RECOMMENDATION:
It is recommended that the Planning Commission direct staff to forward
a recommendation of Approval to the City Council to amend the City Sign
Code to include the Temporary Sign section as amendments.
Additionally, staff recommends that the Planning Commission direct
staff to bring the.sign Code in -its entirety back to the Commission to
address additional concerns.
PREPARED BY:
Robert Searcy, Associate Planner
ATTACHMENTS:
Temporary Sign Standards
City Survey .
4
CLAREMONT
BANNERS
32 SQ. FT.
COMMERCIAL/INDUST.
12 SQ. FT.
VILLAGE AREA
DURATION
30 DAYS/30 DAY
EXTENSION
ENFORCEMENT
CODE ENFORCEMENT
OFFICER (CEO)
CORONA
BANNERS
VARIES; CONFORM TO
SAFETY REQUIREMENTS
DURATION
MORATORIUM
ENFORCEMENT
NONE
DUARTE
BANNERS
40 SQ. FT. OR 50% OF
PERMANENT SIGN
DURATION
30 DAYS/TWICE YEARLY
ENFORCEMENT
CEO
GARDEN GROVE
BANNERS
VARIES
DURATION
30 DAYS PER YEAR
ENFORCEMENT
CEO
INDUSTRY
BANNERS
VARIES
DURATION
15 DAYS PER YEAR;
NEW BUSINESS UNTIL
PERMANENT SIGN
ENFORCEMENT
PLANNING DEPT.
IRVINE
BANNERS
VARIES'
DURATION
30 DAYS/TWICE YEARLY
ENFORCEMENT
CEO
LAKEWOOD
BANNERS
VARIES
DURATION
30 DAYS/TWICE YEARLY
WITH A 30 GAP
BETWEEN PERMITS
ENFORCEMENT
$100 DEPOSIT/CEO
WHITTIER
BANNERS
25% PERM. SIGN AREA
DURATION
30 DAYS/4 TIMES A
YEAR
ENFORCEMENT
CEO
June 2, 1992
EXHIBIT "All
SECTION 108. BASIC SIGN PROGRAM
B. Temporary I
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 Develop-ment*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 reviewandapproval 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
PC 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 REVISED SIGN STANDARDS WITHIN THE CITY
SIGN CODE RELATED TO TEMPORARY SIGNSp (CASE NO. ZCA
94-1)
A. Recitals.
(i) The City of Diamond Bar has determined that the
existing Interim Temporary Sign ordinance is due to expire
July 7, 1994 and the elements contained within the interim
ordinance are suitable and appropriate for the City and are
applicable within the City of Diamond Bar. The existing Los
Angeles County Code, as adopted and amended by the. City of
Diamond Bar, restrict for the placement of temporary signs
which contribute to deleterious conditions within the City.
(ii) The City Council has. charged the Planning
Commission , with development of am endments to the list of
permitted signs which constitute, promote, and establish for,
the City landuses which satisfy the aspirations and
expectations of the City of Diamond Bar.
(iii) The Planning commission has reviewed the
proposed amendments to the standards and the list of proposed
signs at public hearings. The Commission has duly considered
public testimony presented at the hearings,- as well as
technical analysis provided by city Staff.
(iv) The Planning commission, after due
-consideration of public testimony,, staff analysis, and the
1
Commission's deliberations has determined that the list of
permitted and conditionally permitted land uses attached
hereto as Exhibit "All: and incorporated by reference into
this Resolution satisfy and exemplify the goals and needs of
the community. The Planning Commission has duly considered
the issues related to balancing land uses 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,
s, as set forth hereinabove.
2. The Planning Commission hereby recommends that the
City council adopt the revised permitted and conditionally.
permitted signs within. the City of Diamond Bar attached,
hereto as.Exhibit "All and incorporated herein by reference.
Such Ordinance deletes the existing conflicting standards set
forth in the Los Angeles County Code Sections 22.100 through
22.114 as adopted by the City of Diamond Bar.
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 15061(b),3 of
K
Division 6 of Title 14 of the California Code of Regulations.
4. The Planning Commission finds and determines that
there is a substantial probability that such project will not
be detrimental to or interfere with the contemplated General
Plan of the City of Diamond Bar and that such project is
consistent with the contemplated General Plan.
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 Sign
Ordinance to the City Council for their review and
consideration.
PASSED, ADOPTED AND APPROVED THIS 11th of April, 1994.
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 passed, adopted and approved at a regular
meeting of the Planning Commission of the City of Diamond Bar
held on held on the 11th of April, 1994, by the following
vote -to -wit:
AYES: [COMMISSIONERS:]
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:]
ABSENT: [COMMISSIONERS:]
C:\LETTERSNRES0LTN\TS1GN.RES
Se ' cretary to the Planning
Commission
3
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. Toassurean 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
5_�_0w �1_ �
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
I
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.D1 and
104 of this Ordinance.
B. APPLICATION FOR PERMITS
Applications for sign permits shall be made upon forms
provided by the Director and shall conta.in,,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:
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
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
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
5
written in English of the nature of such business or use. Such
translation shall be visible from the nearest public street.
G. Busindss.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.
.2
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 limit's 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.
7
H. Awning sign: A sign attached to or written upon an
awning, canopy or marquee.
I. -Banner sign: A sigh 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 activity 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".)
8
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 I 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.
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 oranimatedsign: A sign intermittently
emitting light, or which has any illumination which is not
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
1 7-1
type of credit card accepted, trade affiliation, etc.
FF. Institutional sign: k 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.
Me]
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
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.
6o. 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.
W
1.
uw Z
•. �� -
o��
Z
D
Z
�
m
rZ
4 w
13
n
11
uw Z
•. �� -
13
n
11
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
roof line.
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.' Sign 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. Sign 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.
14
ZZ. Special event sign: A temporary sign which conveys
a message related to a civic, patriotic or religious event.
AAA. Subdivisionimodel 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 I lineal foot
frontage, to a maximum 125 sq.
15
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: 1 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
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.
17
B.
.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.
6. Freestanding Monument:
Max. Area: 24 sq. ft.
Max..Number: I per frontage
Max. Height: 6 feet
Zone: Commercial and industrial
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
Construction sign:
Max. Area: 24 sq. ft.
Configuration: Wall or Freestanding
KM
18
Max. Number: 1 per site
Max. Freestanding Height: 6 ft.
Special Conditions: Permit for sign issued
after construction permit is issued; sign
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:. I 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
19
WI
Special Conditions: Permit valid, once'a
calendar year,
for a maximum of 30 days
Commercial
6.
Special Event sign:
Max. Area: 24 sq. ft.
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
711 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*
WI
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
within a 30 day period. Permit shall be
granted one time per year.
Zone: Commercial
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 or special sale, may be
permitted subject to the review and
approval of the Community Development
Director.
b. Tethered balloons and/or inflatable
devices erected for the purpose of
advertising a special event or special
sale, may be placed upon freeway oriented
commercial.property subject to the
approval of. the Community De-velopment
Director.
21
C. All temporary signs within this section
are subject to -review and approval by the
Commu-pity Development Director as to the
sign lo -cation, design, color, size,
height, and other 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 einx-ty
60) ningo L90da
ys.
r. Nop]gg gamiWed in-Ahk Section s&W
or vehkular tmf&,
im-Pair
motodw
Wsibafty, create a
hgw,d or bnPair
the 1j98ft
0 -p-m
f
on or off the
pnmhes.
& Application shall- be made on foans provided by the Cft.
A lee of $25.00 shall be submitted with the gZW-kcq9ion
Am to coverthecost 0 processing the dm permit.
W
to the U& which is refunded at the termination of the
,permit upon Code Enforcement ved *gn of removal.
firgd
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.
23
C.
No planned
sign program shall be approved which
allows any
combination
of signs which exceed an overall maximum
of 125 sq.
ft. per use,
except as stated by the provisions of
this ordinance.
D.
1.
Standards:
FWeestanding
Men
2.
max. Nuffibe-ra,
Wall Signs
1 per
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
125 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
24
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
(1.25) square foot per linear foot of frontage for
each business, to a maximum of 125 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 tight -of -
way in excess of sixty-five (65)
25
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
26
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.
26
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. community 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 sign's 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:
27
1. No more than one use of each type is identified
on the sign.
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 frdeway.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 colorf
background and lettering with other signs on the
property.
28
E. Real Estate Signs:
1. Signage shall be located outside of public or
private right-of-W'AY
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:
9:00 a.m. to 6:00 p.m.
RE
(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:
(a) 9:00 a.m. to 6:00 p.m.
30
31
(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:
l 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.
Configuration:
Wall
or freestanding
Max. Number:
1 per
property
31
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 build I ings 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
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
32
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
idea related to an event which is to.occur on a certain date
shall not be placed inthepublic right of way more than 30 days
prior to that date and shall be removed not later than 10 days
after that date.
Section 113. TEMPORARY SIGNS
33
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.
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.
34
L. Signs which constitute a nuisance or hazard due tosuch
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 orpropertywithin 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
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.
35
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. INTENTOFPROVISIONS. It is.the intent of this
Section to recognize that the eventual elimination of certain
existing signs that are not inconformity 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 isnot 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
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.
36
2. Any advertising display which was lawfully
I
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.
7. Any advertising display which is or may become
a danger to the public or is unsafe.
8. Any advertising display 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
37
location shall bepermittedto 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 ofanyotheron-
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. ALTERATION OF NON -CONFORMING ADVERTISING DISPLAYS.
During the fifteen (15) year period during which a non-
conforming legally in-place, on -premises advertising display may
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.
38
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
s
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 premisesand 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 describe the
property upon which or in front of which the nuisance exists by
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
ice shall
39
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-preparedi 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 I
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
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
40
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
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 addresse's 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
41
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
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.
The enforcement officermay enter private property to
abate the nuisance.
COSTS.
I. REMOVAL BY OWNER; SPECIAL ASSESSMENT AND LIEN FOR
42
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. Acopy of the report shall be posted at least
three (3) days prior to its submission to the City Council, on or
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.'
43
Council, be abated byperformanceon 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
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
44
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
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
45
at a rate to be determined by the City Council, but not to exceed
six percent (6%) per annum.
TheCityacknowledges 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
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.
46
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Chairman and Planning commissioners
FROM: James DeStefano, Community Development Directoi4l
SUBJECT: Future Planning Commission Agenda Items
DATE: April 6,,1994.
Pursuant to the Planning commission's direction at the March 28, 1994
meeting, the following is a. listing of future major Planning
Commission.agenda items.
1. General Plan
2. South Pointe Master Plan
3. Diamond Bar Associates' Vesting Tentative Tract Map No.
47850 (reconsideration)
% 4. sign ordinance Amendments (Interim ordinance Expires 7/94) .
5. Development code Amendments.
a. Fence and wall policy (requested by Planning
commission)
b. Parking Standards (requested by Planning Commission)
C. Tree Preservation ordinance (requested by Planning
Commission)
d.- Development Review ordinance (requested by City staff)
6. Agricultural ordinance Amendment (Interim ordinance expires
10/94)
7. Union/Yeh Project (VTM 51169) 20 acres/13 units
8. Review of Pantera Park project (CUP required)
JDS\mco
.CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Community Development Direct
SUBJECT: Diamond Bar Associates/City of Diamond Bar
Settlement. Agreement - Reconsideration of Vesting
Tentative Tract Map No. 47850
DATE: . April 7, 1994.
On Tuesday, April 5, 1994, the City Council took formal action to
reconsider the City Council's action of December 1, 1992, which
approved a Resolution to deny VTM 47850 'Without prejudice. The
action to 'reconsider VTM 47850 is a component of the Settlement
Agreement between the City and Diamond Bar Associates.
A public hearing before a joint session of the Planning Commission
and the City Council will be scheduled in thenear future to review
project geotechnical issues and any other new matters or
alternatives the joint session deems appropriate.
Pertinent materials will be forwarded to the Commission well in
advance of the.Joint Session. Attached please find a copy of the
Settlement Agreement.
Further details regarding the 57 unit project located within SEA 15
and "The Country" will be provided at the Planning 'Commission
meeting of April 11, 1994.
JDS \mco
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is entered
into effective as of the dates indicated below, by and between
Diamond Bar Associates, Inc., a California corporation
(hereinafter referred to as "DBA"), on the one hand, and the City
of Diamond Bar, a municipal corporation, and the City of Diamond
Bar City Council (sometimes hereinafter collectively referred to
as the "City"), on the other hand (all three. of whom are
collectively referred to herein as the ".parties"), which parties
desire to settle now certain claims between them as further
described herein below.
RECITALS
A. on or about November 22, 1989., DBA filed with the
County of Los.Angelos an application for a vesting tentative
tract map (11VTM 4785011) regarding preliminary approval for the
construction of a subdivision of single family homes on a certain
tract of real property in the City of Diamond Bar. The
application was deemed complete on or about September 23, 1991.
B. VTM 47850 was recommended for approval by the
Planning Commission for the City of Diamond Bar to the City of
Diamond Bar City Council (the "Council") on or about November 25,
1991. Thereafter, it was submitted to the Council for approval
in January of 1992.
C. From January of 1992 to November of 1992, the
Council considered VTM 47850 and held up to six public meetings
on the map. City staff reviewed VTM 47850 and met with DBA .
repeatedly to discuss further analysis of the map. The matter
was also reviewed'by the C.ouncills geotechnical consultant,
Leighton & Associates, Inc. The Council was scheduled to vote on
VTM 47850 on or about November 17, 1992.
D. - On October 29, 1992, Leighton & Associates, Inc.
requested twenty-four (24) points of additional information from
DBA which DBA could not provide to the Council by November 17,
1992. DBA requested An extension of the hearing date; however,
the Council refused this request, and, on November 17, 1992, the
Council refused.to approveVTM 47850 on the grounds that DBA had
provided insufficient information to support approval.
E. On. or about February 3, 1993, DBA filed a Petition
for Peremptory Writ, of Mandate and Complaint for Damages for
Violations of the United States Constitution, the California
Constitution and 42 U.S.C. §1983, in the Superior Court of the
State of California for the County of Los Angeles, entitled
Diamond Bar Associates Inc vs. City of Diamond Bar and City of
Diamond Bar City Council, Case No. BC074102. The Complaint, the
Petition and all records in the lawsuit are herein collectively
referred to as the "Action". In the Action, DBA sought an order
03-24-94 16396-00002
F:\D0C\166\94030005.A10
for issuance of a peremptory writ of mandate and damages from the
City based on causes of action for violations of the United
States Constitution, the California Constitution and 42 U.S.C. §
1983.
F. On or about June 4, 1993, the Action was
transferred to the Superior Court for the State of California in
theCounty of. Orange and it was assigned a C - se No 711864
- - .
G. On or about June 21, 1993, DBA filed a.Petition
for Peremptory Writ'of Mandate (C.C.P. § 1094.5) and First .
Amended Complaint which named Gary Miller ("Miller") and PhyllisP
Papen ("Papen") as additional defendants and respondents.
Neither Miller nor Papen are parties to this Agreement.
H. On or about August 16, 1993, DBA filed a Petition
for Peremptory Writ of Mandate (C..C.P. §1094.5) and Second
Amended Complaint.
I. The Petition for Peremptory Writ of Mandate
requested that the council reconsider its decision to deny DBA's
application for,VTM 47850 on the grounds that DBA should have
been permitted to respond to the twenty-four points raised by
Leighton & Associates, Inc..in the October 29, 1992 memorandum
and geotechnical review sheet before the Council voted on DBA's
application.
J. Defendant Papen demurred to the Second Amended
Complaint and Miller joined in the demurrer. The demurrer was
sustained without leave to amend. Judgment was entered and DBA
appealed from this entry of judgment in favor of Pappen and,
Miller (the "Appeal.")
K. The parties hereto now desire to settle and
compromise certain matters in dispute between them as provided
herein for the purpose of avoiding the costs and uncertainties
associated with litigation. Accordingly., the Council has agreed
to reconsider its decision to deny DBA's application in support.
of VTM 47850 as set forth herein.' Among other things, the
Council will consider DBA's response to the October 29,1992
Leighton & Associates, Inc. geotechnical review sheet and
memorandum and will reconsider its decision on VTM 47850 in light
of that response.
AGREEMENT
. NOW, THEREFORE in consideration of the mutual
covenants, agreements and promises set forth herein and other
good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
03-24-94 16396-00002
F:\D0C\166\94030005.A10 2
1. Settlement. This Agreement shall be effective
only upon completion of all of the following: (1) execution and
delivery of this Agreement by all parties hereto; (2) completion
by the City of all of the actions described in Paragraph 2
herein, infra; and'(3) execution and delivery by DBA of a
dismissal of certain aspects the Action as described in Paragraph
3 herein, infra.
It is the intention of the parties that this Agreement
shall have no effect in any way whatsoever on the right of DBA to
continue to prosecute the Appeal. The Appeal will survive the
execution of this Agreement. Although this Agreement provides
certain releases to the Council, those releases in no w ' ay
diminish the potential liability of Miller and Papen arising out
of the Appeal or any of DBA's claims against Miller and Papen
which are at issue in the Appeal, including without limitation,
the Sixth and Seventh causes of action of the Second Amended
Complaint.
2. Reconsideration of VTM 47850. The Council shall,
at its next regular meeting, adopt a motion, or resolution, to
reconsider its previous action in denying VTM 47850. In adopting
such motion or resolution, the City Council will be reconsidering
the same application for.VTM 47850 as was before the Council in
November of 1992. At some reasonable period of time thereafter,
the Council and the City Planning Commission ("Commission") shall
conduct a Joint Session to consider VTM 47850. The Joint Session
shall review DBA's compliance with the 24 points raised in the
October 29, 1992 memorandum and geotechnical review sheet
prepared by Leighton & Associates, Inc. relating to VTM 47850.
The Joint Ses'sion may also consider VTM 47850 in light of the
proposed General Plan currently being considered by the City and
any other new matters or alternatives which the Joint Session
deems appropriate. At least thirty (30) days prior to the Joint
Session, DBA shall make its professional -technical consultants
available to meet with, provide information to and/or answer
questions of members of the Commission regarding VTM 47850.
After conducting the Joint Session or any continuance of the
Joint Session meeting, VTM 47850 shall be referred to the City
Council to take action on the reconsideration. upon such
reconsideration, the Council shall exercise that degree of
discretion permitted the.Council by state statutes and local
ordinances pertaining to approval of a subdivision tract map.
Further, the Council shall consider approval of VTM 47850 under
the recently obtained extension of the deadline for adopting a
General Plan issued by the Governor's office of Planning and
Research.
Provided, however,.that if the Council denies VTM 47850
on the basis that VTM 47850 is not consistent, with the City's
proposed General Plan or on any other related ground, then DBA
shall have the right to challenge such decision and/or finding on
03-24-94 16396-00002
F:\D0C\166\94030005.A10 3
all available grounds, specifically including, without
limitation, the ground that no such finding of consistency is
required for VTM 47850.
3. Partial Dismissal of Action. Provided that this
Agreement -is executed by the parties as required herein, and
further'provided that all related documents have been executed,
and that the Council at its next regular meeting adopts a motion
or resolution to reconsider its previous action in denying VTM
47850:
(a) Counsel for DBA shall execute and promptly
deliver to counsel of record for the City, a request for
dismissal with prejudice of the Second, Third, Fourth, and Fifth
causes of action stated the Second Amended Complaint and shall
take whatever further action is necessary to dismiss those causes
of action with prejudice; and
(b) Counsel for DBA shall execute and promptly
deliver to counsel of record for the City, a request for
dismissal without prejudice of DBA's Petition for Peremptory Writ
of Mandate (C.C.P. §1094.5), as set forth in DBA's First cause of
action in the Second Amended Complaint, and shall take whatever
further action is necessary to dismiss the Petition without
prejudice.
Provided, however, that nothing herein, including
without limitation, the dismissal of the Petition without
prejudice or the dismissal of any causes of action of the Second
Amended Complaint with prejudice, shall in any way be deemed a
waiver or otherwise limit any of DBA's rights to challenge any
subsequent action of the Council or the Commission on VTM 47850
on any and all available grounds, including, without limitation,
the gro.und that the Council need not find that VTM 47850 is
consistent with the City's proposed General Plan.
Provided further, however, that nothing herein,
including,' without limitation, the dismissal of the Petition
without prejudice or the dismissal of any causes of action of the
Second Amended Complaint with prejudice, shall in any way be
deemed a waiver or otherwise limit any of DBA's rights to -seek
damages from the City and/or.Council based upon any subsequent
action of the Council or the Commission on VTM 47850.
4. Releases.
a. Release of DBA by . City. upon the Council's
action to adopt a motion or resolution to reconsider its previous
action in denying VTM 47850, or within a reasonable period of
time thereafter, the City and Council, for themselves, and for
their successors and assigns, agree to hereby forever release,
absolve, acquit and discharge DBA And all of its present and
03-24-94 16396-00002
F:\DOC\166\94030005.A10 4
former officers, directors, shareholders, partners, affiliates
and affiliated entities, employees, agents, attorneys and
shareholders and the heirs, successors, and assigns, attorneys
and representatives, of DBA and each of the foregoing individuals
or entities, of and from any an ' d all known claims for damages,
costs and expenses (including attorneys' fees), that the City
and/or Council may now have against DBA, including but not
limited to all such matters described in or which could have been
asserted in the Action or which arise out of the Action.
b. Release of City by DBA. Upon the Council's
action to adopt a motion or resolutiontoreconsider its previous
action in denying VTM 478'50, or withina reasonable period of
time thereafter, DBA, for itself, and/or its successors and
assigns, agrees to hereby forever release, absolve, acquit and
discharge the City of and from any and all known claims for
damages, costs and expenses (including attorneys' fees), that DBA
may now have against the City based upon or arising out of any
action of the Council on VTM 47850 prior to the date of this
Agreement.
Provided, however, that this release shall not be
deemed awaiver or otherwise limit any of DBA's rights to seek
damages from the City and/or Council based upon any subsequent
action of the Council on VTM 47850.
Provided further, however, that this release shall not.
be deemed a waiver or otherwise limit any of DBA's rights against
Miller and Papen arising out of the Appeal or any of DBA's claims
against Miller and/or Papen which are at issue in the Appeal,
including without limitation, the Sixth and Seventh causes of
action of the Second Amended Complaint.
5. Further Acts. The parties to this Settlement
Agreement shall promptly take such further acts and execute such
other, documents as may be necessary to carry out the spirit and
letter of this Settlement Agreement.
6. Representations and Warranties. The parties
hereto hereby represent and warrant that they have not assigned
or transferred, or purported to assign or transfer, to any
person, corporation or other entity, any claim or cause of action
released hereunder, and that they are duly authorized to enter
into this Agreement. The parties hereto further agree to
indemnify the other parties hereto against any liability, loss,
damage, cost or expense, including reasonable attorney's fees,
arising out of any breachofthese representations and
warranties.
7. Applicable Law. This Agreemen I t was made and
entered into and shall be governed by I the laws of the State of
California.
03-24-94 16396-00002
F:\DOC\166\94030005.A10 5
.8. Integration. This Agreement contains the entire
agreement and understanding of the parties concerning the subject
matter described herein, and supersedes and replaces any prior
negotiations and agreements between the parties hereto, or any of
them, whether written or oral.
9. Fees and Costs Previously Incurred. Each party
shall be responsible for its own costs and fees incurred in
connection with the Action and the claims described herein,
including the party's own attorneys' fees.
10. Attorneys) Fees. If any party breaches any
obligation, warranty or representation given under this
Agreement, or fails to perform this Agreement, the other party
shall be entitled to recover its reasonable expenses, attorneys,
fees, and costs incurred in any action taken, with or without
litigation, to enforce the terms of the Agreement,, or to remedy
or compensate for such breach.
11. Modifications. Any alterations, changes or
modifications of or to this Agreement, in order to be effective,
shall be made by instrument or endorsement thereof and in such
instance duly signed and notarized on behalf of each party
hereto.
12. Titles and Headings. Titles and headings of
sections of this Agreement are for convenience of reference only
and shall not affect the construction of any provision, of this
Agreement.
13. Legal Representation. Each party hereto has had
the opportunity to obtain the advice of independent legal counsel
prior to the execution of this Agreement and has had the
opportunity to receive an explanation from legal ' counsel
regarding the legal nature and effect of this Agreement, and each
party understands the terms and provisions of this Agreement and
its nature and effect. Each party further represents that they
are entering into this Agreement freely and voluntarily, relying
s
any
upon the advice of their own counsel, and not relying on
any representations of any other party or of counsel for any
other party. Each party expressly agrees that this Agreement
shall not be construed or interpreted for or against the party
drafting the Agreement.
.14. Counterparts. This Agreement may be executed in
any number of counterparts,
erparts, each'of which shall be . deemed to be
an original, but all of which together shall constitute one and
the same instrument. It is also agreed, by and between the
parties, that any signature signed in counterpart via facsimile
shall be deemed an original signature. It is further agreed that
it shall only be necessary in proving the terms of this
'03-24-94 16396-00002
F:\DOC\166\94030005.A10 6
instrument to produce one set of counterparts which together
contain the signatures of all parties hereto.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the dates indicated.
DIAMOND BAR ASSOCIATES, INC.
DATED: March _, 1994
CITY OF DIAMOND BAR
DATED.: March .. 1994
By:_
Its:
CITY OF DIAMOND BAR CITY COUNCIL
DATED: March _, 1994
By:_
Its:
PETTIS, TESTER, KRUSE & KRINSKY
DENNIS D. O'NEIL
MICHAEL G. YODER
REBECCA A. MAUCH
By: DATED' March —, 1994
Dennis D. O'Neil
Attorneys for Plaintiff and Petitioner
DIAMOND BAR ASSOCIATES, INC.
03-24-94 16396-00002
F:\00C\166\94030005.A10 7
RUTAN & TUCKER
LEONARD A. HAMPEL
ROBERT 0. OWEN
By: DATED: March 1994
Leonard A. Hampel.
Attorney for Defendants and Respondents
CITY OF DIAMOND BAR and
CITY OF -DIAMOND BAR CITY COUNCIL
MICHAEL B. MONTGOMERY
By: DATED: March _, 1994
.Michael B. Montgomery
CITY ATTORNEY FOR THE
CITY OF DIAMOND BAR
03-24-94 16396-00002
F:\D0C\166%,94030005.A10 8