HomeMy WebLinkAboutORD 05 (1990)ORDINANCE NO. 5 (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE
22 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE
ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND
REPEALING ORDINANCES NOS. 11(1989), 11A(1989),
15(1989) AND 15A(1989) AS HERETOFORE ADOPTED.
A. Recitals.
(i) On March 12, 1990, the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing, as
required by law, pertaining to the establishment of a Development
Review Procedure for specified projects within the City, as set
forth in Exhibit "A", attached hereto and incorporated by this
reference as though fully set forth herein.
(ii) Upon conclusion of the hearing described in
paragraph A.(i), above, the Planning Commission adopted its
Resolution No. PC 90 - 3 , recommending to this Council the
adoption of the amendment to the Los Angeles County Code, as
heretofore adopted, set forth in Exhibit "A".
(iii) On March 20, 1990, this City Council conducted
and concluded a duly noticed public hearing, as required by law,
concerning the amendment to the Los Angeles County Code, as
heretofore adopted, set forth in Exhibit "A".
(iv) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby find, determine and ordain as follows:
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Section 1: In all respects as set forth in the
Recitals, Part A., of this Ordinance.
Section 2: The City Council hereby finds and
determines that it can be seen with certainty that adoption of
this Ordinance cannot have a significant effect on the
environment and, therefore, adoption hereof is not subject to the
requirements of the provisions of the California Environmental
Quality Act pursuant to Section 15061(b)(3) of Division 6 of
Title 4 of the California Code of Regulations.
Section 3: Immediately upon this Ordinance becoming
effective, Ordinances No. 11(1989) and 15(1989), as amended and
the effect thereof extended by Ordinances No. 11A(1989) and
15A(1989), respectively, shall be repealed and and of no further
force and effect. Notwithstanding the above provisions of this
Section 3, any application filed on or after January 1, 1990
pursuant to the requirements of Ordinance 11(1989), 11A(1989),
15(1989) and 15A(1989), or any of them, shall be deemed to be an
application for development review hereunder and the proponent
thereof shall be required to comply with the requirements of this
Ordinance.
t o 1: A new Chapter 22.72 hereby is added to
Title 22 of the Los Angeles'County Code, as heretofore adopted,
to read, in words and figures, as set forth in Exhibit "A" hereto
which, by this reference, is incorporated as though fully set
forth herein.
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Section P: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond bar
pursuant to the provisions of Resolution 89-6.
ADOPTED AND APPROVED this 3rd day of April ,
1990.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
W of Diamond Bar held on the 20th day of March , 1990,
and was finally passed at a regular meeting of the City Council
of the City of Diamond bar held on the 3rd day of April ,
1990, by the following vote:
AYES: COUNCIL MEMBERS: Horcher, Forbing, Miller,
Mayor Pro Tem Werner, Mayor Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
C' y CbDrk of :the `
ity of: tamod-Bar
L11011%o2ITLE22 03 1.33 3
Chapter 22.72
DEVELOPMENT REVIEW
22.72.010 Purnose and Intent.
A. This Chapter establishes the review procedures for
residential, commercial, industrial, and institutional
development proposals to facilitate project development review in
a timely and efficient manner; to ensure that development
projects comply with all applicable local design guidelines,
standards, and ordinances; to minimize adverse effects on
surrounding properties and the environment; and are consistent
with the general plan which promotes high aesthetic and
functional standards to complement and add to the physical,
economic, and social character of Diamond Bar.
B. The City finds that a development review process
will support the implementation of the general plan, as it
stresses quality community design standards. The City further
finds that the quality of residential, institutional, commercial,
and industrial uses has a substantial impact upon the visual
appeal, environmental soundness, economic stability, and property
values of the City. This Chapter is not intended to restrict
imagination, innovation or variety, but rather to focus on
community design principles which can result in creative,
imaginative solutions for the project and a quality design for
_the City. It is, therefore, the purpose of this Chapter to:
(1) Recognize the interdependence of land values
and aesthetics and provide a method by which the City may
implement this interdependence to its benefit;
(2) Encourage the orderly and harmonious
appearance of structures and property within the City along with
associated facilities, such as signs, landscaping, parking areas,
and streets;
(3) Maintain the public health, safety and
general welfare, and property throughout the City;
(4) Assist developments to be more cognizant of
public concerns for the aesthetics of development;
(5) Reasonably ensure that new developments,
including residential, institutional, commercial and industrial
developments, do not have an adverse aesthetic, health, safety or
_ architecturally related impact upon existing adjoining
properties, or the City in general;
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(6) Implement those sections of the City's
general plan for the preservation and enhancement of the
character and unique assets of the City and its harmonious
development;
(7) Minimizing the effects of grading by
discouraging mass grading and excessive slopes to ensure that the
natural character of terrain is retained;
(8) Preserving significant topographic features,
including rock outcroppings, native plant materials and natural
hydrology while also encouraging improved drainage from lots
directly to a street, storm drain, or through public or privately
maintained easement;
(9) Limiting the impact of slopes on adjacent
developed properties and limit construction on identified seismic
or geologic hazard areas;
(10) Encouraging the use of a variety of housing
styles, split-level grading techniques, varied lot sizes, site
design densities, maintenance of views and arrangement and
spacing to accomplish grading policies;
(11) To encourage orderly development of
residences within areas more readily served by public services;
(12) To encourage the development of master
planned projects which provide the service needs of the residents
of those projects;
(13) To encourage use of energy conservation
techniques in new developments
22.72.020 Projects Requiring Development Review.
A. An application for Development Review is required
for any and all commercial, industrial, institutional
development, and any residential project which proposes five
dwelling units or more (detached or attached) and which involve
the issuance of a building permit for construction or
reconstruction of a structure(s) which meets the following
criteria:
(1) New construction on vacant property;
(2) Structural additions or new buildings which
are equal to fifty percent of the floor area of existing on-site
building(s), or have a minimum ten thousand square feet in gross
floor area;
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(3) Reconstruction projects which are equal to
fifty percent of the floor area of existing on-site building(s),
or have a minimum ten thousand square feet in gross floor area;
(4) Projects involving a substantial.change or
intensification of land use, such as the conversion of an
existing building to a restaurant, or the conversion of a
residential structure to an office or commercial use.
B. Projects of a limited size and scope which do not
meet the above criteria shall require an application for
Administrative Development Review pursuant to Section 22.72.060.
C. Residential construction involving four or less
dwelling units are subject to Administrative Development Review
pursuant to Section 22.72.060.
22.72.030 Development Review Application.
All Development Review applications shall contain the
following information:
A. A detailed plot plan showing:
(to scale); (1) Dimensions and orientation of the parcel
(2) Location of buildings, structures, and
signs, both existing and proposed;
(3) Location of eave overhang and
architectural features;
(4) Location of landscaping and irrigation,
both existing and proposed.
thereon; B. All building elevations, including signs
C. Indication of the types and colors of all
exterior construction materials;
D. Location of all walls and fences, their height
and materials of construction;
E. Copies of any and all CC&R's applicable to the
development or use of the land; and
F. Any other architectural and engineering data as
may be required to permit a complete investigation of the
proposal.
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22.72.040 Development Review Authority. The Planning
Commission is authorized to approve or deny Development Review
applications and to impose reasonable conditions upon such
approval, subject to the right of appeal to the City Council.
Conditions may include, but shall not be limited to, requirements
for open spaces, screening and buffering of adjacent properties,
fences, and walls; requirements for installation and maintenance
of landscaping and erosion control measures; requirements for
street improvements and dedications, regulation of vehicular
ingress and egress, and traffic circulation; regulation of signs;
regulation of hours or other characteristics of operation;
requirements for maintenance of landscaping and other
improvements; establishment o� development schedules or time
limits for performance or completion; and such other conditions
as the commission may deem necessary to ensure compatibility with
surrounding uses, to preserve the public health, safety, and
welfare, and to enable the Planning Commission to making the
findings required by Section 22.72.140.
22.72.050 Administrative Development Review Authority.
Development Review applications which do not meet the
requirements of Section 22.72.020.A shall be subject to review
and approval by the Planning Director. If, in the opinion of the
Planning Director, the application involves unusual site
development requirements or unique operating characteristics, or
raises questions of development policy substantially more
significant than generally pertain to applications for
Administrative Development Review and which require Planning
Commission consideration, the Planning Director shall refer the
application to the planning commission for review.
The Planning Director is authorized to approve or deny
Administrative Development Review applications and to impose
reasonable conditions upon such approval, subject to the right of
appeal to the Planning Commission. Conditions may include, but
shall not be limited to; requirements for open spaces, screening
and buffering of adjacent properties, fences and walls;
requirements for installation and maintenance of landscaping and
erosion control measures; requirements for street improvements
and dedications, regulation of vehicular ingress, egress, and
traffic circulation; regulation of signs; regulation of hours or
other characteristics of operation; requirements for maintenance
of landscaping and other improvements; establishment of
development schedules or time limits for performance of
completion; and such other conditions as the Planning Director
may deem necessary to insure compatibility with surrounding uses,
to preserve the public health, safety, and welfare, and to enable
the Planning Director to make the findings required by Section
22.72.140.
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22.72.060 Administrative Development Review Procedure.
A. Applications for Administrative Development Review
shall be filed by the owner or owners of the property for which
approval is sought, or by the authorized agent thereof.
Application shall be made to the Director on forms furnished by
the City. The application shall be accompanied by the materials
and information required in Section 22.72.030 at the time of
application and a filing fee shall be paid for the purpose of
defraying the costs incidental to the proceedings. Appropriate
fees shall be determined by City Council Resolution.
B. The Planning Director shall make an investigation
of the facts bearing on the case to provide the information
necessary for the action consistent with the intent of this
Chapter and the General Plan.
C. Notice of hearings - Notice of public hearing shall
contain the time and place of the hearing and the location and
proposed use or uses of the subject property. Notice shall be
mailed or delivered not less than ten (10) calendar days prior to
the hearing to the applicant and to all owners of property within
three hundred (300) feet of the exterior boundaries of the real
property under consideration, utilizing the names and addresses
of such owners as shown upon the latest equalized assessment roll
of the County Assessor of Los Angeles County.
22.72.070 Administrative Development Review. Review and
analysis by the Director will consider design elements, such as,
but not limited to, compatibility of the project to surrounding
properties; relationship of the design and layout of the project
to the site; architectural design and use of materials; grading;
landscaping; screening and buffering techniques of adjacent
properties; signs; and open space. The Director will determine
if the project adequately meets applicable design guidelines and
standards.
22.72.080 Director'scA tioU and Appeal Procedures. Upon
completion of the public hearing, the Director may approve,
conditionally approve, or deny the application and shall announce
and record his decision within 21 calendar days following the
conclusion of the public hearing. The decision shall set forth
the findings required in Section 22.72.140, hereof, by formal
resolution of the Director and shall be filed with the Planning
Commission. A copy of the resolution shall be mailed to the
applicant.
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The decision of the Director shall be final and shall
become effective 10 calendar days after the adoption of the
resolution by the Director; provided, however, that if within
such 10 day period,'an appeal of the decision is filed by an
aggrieved person within the three hundred foot noticing radius,
the applicant or City Council Member, the filing of such appeal
within such time limit shall suspend the decision of the Director
until the determination of the appeal by the Planning Commission
or its dismissal by the appellant. Such appeal shall be filed in
writing with the Secretary to the Planning Commission on forms
furnished by the Secretary to the Planning Commission.
22.72.090 Appeal to the Planning Commission.
A. Upon receipt of an appeal from the Director's
decision under Section 22.72.080, a hearing date shall be set by
the Secretary to the Planning Commission. Notice of hearing
shall be given as provided in Section 22.72.060.0 and the appeal
shall be conducted in the same manner as prescribed for
Development Review in Section 22.72.110, hereof.
B. The Director shall transmit to the Planning
Commission the original application, records, written reports,
and Director Resolution disclosing in what respect the
application and facts offered in support thereof met or failed to
meet the requirements of this Chapter.
_ C. The Planning Commission may, by resolution, affirm,
reverse, or modify in whole or in part any appealed decision,
determination or requirement of the Director, but before granting
any appealed petition which was denied by the Director or before
changing any of the conditions imposed by the Director, the
Planning Commission shall make a written finding of facts setting
forth wherein the Director's findings were in error and wherein
the property or particular use involved meets or does not meet
the requirements of this Chapter.
D. The decision of the Planning Commission shall be
final and shall become effective 10 calendar days after the
adoption of the resolution,by the Commission; provided, however,
that if within such 10 day period, an appeal of the decision is
filed by an aggrieved person within three hundred foot noticing
radius, the applicant or the City Council Member, the filing of
such appeal within such time limit shall suspend the decision of
the Planning Commission until the determination of the appeal by
the City Council or its dismissal by the appellant. Such appeal
shall be filed in writing with the City Clerk on forms furnished
by said Clerk.
22.72.100 Appeal to City Council.
A. Upon receipt of an appeal from the Planning
Commission's decision under Section 22.72.090, a hearing date
shall be set by the City Clerk. Notice of hearing shall be given
as provided in Section 22.72.060.0 and the appeal shall be
conducted in the same manner as prescribed for Development Review
in Section 22.72.110, hereof.
B. The Planning Commission shall transmit to the city
Council the original application, records, written reports,
Director Resolution, Planning Commission minutes and Resolution
disclosing in what respect the application and facts offered in
support thereof met or failed to meet the requirements of this
Chapter.
C. The City Council may, by resolution, affirm,
reverse, or modify in whole or in part any appealed decision,
determination or requirement of the Planning Commission, but
before granting any appealed petition which was denied by the
Planning Commission or before changing any of the conditions
imposed by the Planning Commission, the City Council shall make a
written finding of facts setting forth wherein the Commission's
findings were in error and wherein the property or particular use
involved meets or does not meet the requirements of this Chapter.
D. The decision of the City Council shall be final and
shall become effective upon adoption of the resolution by the
City Council.
22.72.110 Development Review Procedure.
A. Applications for Development Review shall be filed
by the owner or owners of the property for which approval is
sought or by the authorized agent thereof. Application shall be
made to the Director on forms furnished by the City. The
application shall be accompanied by the materials and information
required in Section 22.72.030 at the time of application and a
filing fee shall be paid for the purpose of defraying the costs
incidental to the proceedings. Appropriate fees shall be
determined by City Council Resolution.
B. The Planning Director shall make an investigation
of the facts bearing on the case to provide the information
necessary for action consistent with the intent of this Chapter
and the General Plan.
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C. Notice of hearings - Notice of public hearing shall
contain the time and place of the hearing and the location and
proposed use or uses of the subject property. Notice shall be
given in accordance with the requirements of California
Government Code Section 65090.
22.72.120 Development Review. Review and analysis by the
Planning Commission will consider design elements, such as, but
not limited to, compatibility of the project to surrounding
properties; relationship of the design and layout of the project
to the site; architectural design and use of materials; grading;
landscaping; screening and buffering techniques of adjacent
properties; signs; and open space. The Commission will determine
if the project adequately meets applicable design guidelines and
standards.
22.72.130 Commission Action and Appeal Procedures. Upon
completion of the public hearing, the Planning Commission may
approve, conditionally approve or deny the application and shall
announce and record its decision within thirty (30) calendar days
following the conclusion of the public hearing. The decision of
the Planning Commission shall set forth the findings required by
Section 22.72.140, hereof, by formal resolution. A copy of the
resolution shall be mailed to the applicant.
The decision of the Planning Commission shall be final
and shall become effective 10 days after the adoption of the
resolution by the Planning Commission, provided, however, that if
within such 10 -day period, an appeal of the decision is filed by
an aggrieved person within the three hundred foot noticing
radius, the applicant or City Council Member, the filing of such
appeal within such time limit shall suspend the decision of the
Planning Commission until the determination of the appeal by the
City Council or its dismissal by the appellant. Such appeal
shall be filed in writing with the City Clerk on forms furnished
by the City Clerk. The appeal shall be conducted pursuant to
Section 22.72.100 and notice of hearings shall be given as
required by Section 22.72.110.C.
22.72.140 Findings Required.
In approving or conditionally approving a Development
Review Application or Administrative Development Review
Application, the City.Council, the Planning Commission or
Planning Director, as the case may be, shall make the following
findings:
A. The design and layout of the proposed development
is consistent with the applicable elements of the City's general
plan, design guidelines of the appropriate district, and any
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adopted architectural criteria for specialized area, such as
designated historic districts, theme areas, specific plans,
community plans, boulevards, or planned developments;
B. The design and layout of the proposed development
will not unreasonably interfere with the use and enjoyment of
neighboring existing or future developments, and will not create
traffic or pedestrian hazards;
C. The architectural design of the proposed
development is compatible with the character of the surrounding
neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by this Chapter and the
general plan of the City;
D. The design of the proposed development would
provide a desirable environment for its occupants and visiting
public as well as its neighbors through good aesthetic use of
materials, texture and color that will remain aesthetically
appealing and will retain a reasonably adequate level of
maintenance.
E. The proposed development will not be detrimental to
the public health, safety or welfare or materially injurious to
the properties or improvements in the vicinity.
22.72.150 New Applications Following Denial. Following
denial of a Development Review Application or Administrative
Development Review Application, no application for the same or
substantially the same project for substantially the same site
shall be accepted for filing within one (1) year from the
effective date of such denial.
22.72.160 Time Limits.
A. Each application hereafter approved or
conditionally approved shall automatically expire and be of no
further force or effect if not exercised within one (1) year of
its effective date, unless, the approval therefor specifies a
longer period; provided that the Planning Commission, subject to
appeal to the Council in the same manner and time as with the
permit itself, may extend any such approval for two (2)
successive periods not to exceed six (6) months each, upon
showing of good cause therefore, if written application for such
extension is filed fourteen (14) working days prior to the
expiration thereof.
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B. "Exercise" shall mean substantial construction
work pursuant to a building permit, and shall not include
preparation of plans, engineering work or grading. In case of
any dispute thereon, the applicant or successor in interest may
request in writing that the Planning Commission conduct a hearing
of which the requesting party shall be given ten (10) calendar
days written notice by first class mail directed to the address
of the requesting party given in such written request for
hearing. The decision of the Planning Commission may be appealed
to the City Council by the requesting party or any Councilmember,
which shall upon the same written notice, conduct a hearing. The
decision of the Planning Commission, or of the Council, as the
case may be, shall be final and conclusive.
22.72.170 Revisions to Approved Application
A. Minor revisions to a project approved pursuant to
this Chapter may be made after review and approval by the
Director. Minor revisions are hereby defined as revisions which
in no way change the requirements or conditions imposed on the
original approval nor violate the intent of any of the standards
or conditions of the approval or of the zone. All approved minor
revisions shall be reported, in writing, to the Planning
Commission at its next regular meeting.
B. Revisions other than minor revisions, as defined
above, shall be made pursuant to the procedures set forth in this
Chapter.
C. All copies of the approved revised project shall
be dated and signed by the Director and made a part of the record
of the project. One copy of said approved revisions shall be
mailed to the applicant.
22.72.180 Revocation. Any approval granted pursuant to
this Chapter shall be revoked upon a finding that one or more of
the following conditions exist:
A. That the approval was obtained by fraud;
B. That the structure or project for which the permit
was granted has ceased to exist, or construction thereof has been
suspended for six (6) months or more;
C. That the applicant has not complied with one or
more of the conditions or approval.
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Any such finding shall be made by the Planning
Commission after a public hearing of which notice shall be given
pursuant to Section,22.72.060.0 in the case of an Administrative
Development Review approved or by Section 22.72.110.0 for all
other approvals. Said finding of the Commission and its
determination pursuant thereto shall be subject to appeal by any
interested person, including any Council Member, in the same
manner and within the same time as provided in Section 22.72.130,
to the Council, which shall upon the same written notice, conduct
a hearing, notice of which shall be provided as set forth in this
Section. The decision of the Planning Commission, or of the
Council, as the case may be, shall be final and conclusive.
Action of the Planning Commission, or of the Council, shall be by
resolution, shall contain specific findings, and specific action
relative to revocation.
Notwithstanding anything in this Section contained, the
Commission, or the Council, as the case may be, with respect to
any ground of revocation coming within H or C above, may grant a
period of time within which the approval may be reactivated, or
within which non-compliance with conditions may be remedied. In
such event, the resolution shall be considered interlocutory, and
the hearing shall be continued automatically, without further
notice, to the first regular meeting of the body adopting the
resolution following such extended date or dates set for full
compliance. Thereupon by further resolution, the body
theretofore otherwise finally acting shall take final action with
_respect thereto.
22.72.190 Penalties for Violation of Chapter. It shall be
unlawful for any person, firm, partnership, or corporation to
violate any provision or to fail to comply with any of the
requirements of this Chapter. Any person, firm, partnership or
corporation violating any provision of this Chapter or failing to
comply with any of its requirements shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00), or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm, partnership or
corporation shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which any violation
of any of the provisions of this Chapter is committed, continued,
or permitted to continue by such person, firm, partnership or
corporation and shall be deemed punishable therefor as provided
herein.
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22.72.200. Civil Remedies Available. The violation of any
of the provisions of this Chapter shall constitute a nuisance and
may be abated by the City through civil process by means of a
restraining order, preliminary or permanent injunction, or in any
other manner provided by law for the abatement of such nuisance.
22.72.210. Severability. The City Council declares that,
should any provision, section, paragraph, sentence or word of
this Chapter rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections,
paragraphs, sentences or words of this Chapter shall remain in
full force and effect.
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