HomeMy WebLinkAboutORD 6 (1992)— ORDINANCE NO. 6 (1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING SECTION 22.28.230 OF
PART 6 OF CHAPTER 22.28 OF TITLE 22 AND
ADOPTING AMENDED SECTION 22.28.230, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California and, on that date, the City Council adopted, by
reference, the Los Angeles County Code as the ordinances of the
City, including Title 22 thereof pertaining to Planning and Zoning
Regulations for the City of Diamond Bar. (Hereinafter said Title
22 shall be referred to as "the Zoning Ordinance.")
(ii) On October 16, 1990, the City Council enacted an
interim ordinance, pursuant to California Government Code Section
65858, to prescribe the permitted and conditionally permitted uses
which may be instituted within the C-M Commercial Manufacturing
Zone; the interim ordinance was subsequently extended on November
13, 1990, further applying the revised schedule of uses for the
term permitted by statute.
(iii) During the pendency of the interim ordinance,
City staff has conducted a review and analysis of the scope of uses
which would conform to the goals and objectives of the General
Plan, further the beneficial interests of the City and satisfy the
objectives and intent of the C-M Commercial Manufacturing Zone.
Staff's work product was reviewed and approved by the Planning
Commission of the City of Diamond Bar at its regularly scheduled
meeting of October 12, 1992. The Planning Commission has
recommended that the City Council amend the scope of uses in the
i
C -M Commercial Manufacturing Zoning district.
(iv) The City Council desires to adopt the recommended
amendments to the Los Angeles County Code as discussed hereinabove.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
H. Ordinance.
NOW, THEREFORE, be it ordained by the City Council of the
City of Diamond Bar as follows:
Section 1: In all respects as set forth in Part A,
Recitals, hereinabove.
Section 2: The City Council hereby finds and determines
that the adoption of this Ordinance is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Section 15061(b)(3) of Division 6 of Title 14 of the
California Code of Regulations.
Section 3: The City Council hereby repeals Section
22.28.230 of the Los Angeles County Code as amended, and as adopted
by the City of Diamond Bar, in its entirety and adopts, as a new
Section 22.28.230 the listing of permitted uses, which shall read,
in words and figures, as is set forth on Exhibit "A" attached
hereto and hereby incorporated by reference.
Section 4: The City Council hereby declares that should
any provision, section, paragraph, sentence, or word of this
Ordinance be rendered or declared invalid by any final court action
in any court of competent jurisdiction, or by means of preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
Section 5: The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution 89-6.
1992.
ADOPTED AND APPROVED this 3rd day of _November ,
M
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
�. do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the City Council of the City of Diamond Bar held
on the 20th day of October, 1992, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held
on the 3rd day of November , 1992, by the following vote:
AYES: COUNCIL MEMBERS: Miller, Werner, Forbing,
Mayor Pro Tem Papen and Mayor Kim
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COU11CIL MEMBERS: None
ATTEST:
�ityvClerk,-City o -Dx'd Br
EXHIBIT "A"
Sec. 28.23 CHAPTER 22.28
PART 6 -- CHAPTER 22.28
C -M COMMERCIAL
MANUFACTURING ZONE
SECTIONS:
22.28.230 Permitted uses.
22.28.240 Accessory uses.
22.28.250 Uses subject to Director's review and approval.
22.28.260 Uses subject to permits.
22.28.270 Development standards.
22.28.230 PERMITTED USES. Premises in Zone C -M may be used for:
A. The following commercial uses within an enclosed building:
1. Sales.
-- Antique shops.
-- Appliance stores, household.
-- Art galleries.
-- Art supply stores.
-- Auction houses, excluding animal auctions.
-- Automobile sales, sale of new and used motor
vehicles.
-- Automobile supply stores, provided all repair
activities are conducted within an enclosed building.
-- Bakery shops.
-- Bicycle shops.
-- Boat and other marine sales.
-- Bookstores.
-- Ceramics shops.
-- Clothing stores.
-- Confectionery or candy stores.
-- Delicatessens.
-- Department stores.
-- Disability rehabilitation and training centers,
except that assembly and manufacturing are permitted only as
provided in Subsection B of this section.
-- Dress shops.
-- Drugstores.
-- Feed and grain sales.
-- Florist shops.
-- Fruit and vegetable markets.
--L Furniture stores.
-= Furrier shops.
- Gift shops.
-- Glass and mirror sales, including automobile glass
installation only when conducted within an enclosed building.
-- Grocery stores.
-- Hardware stores, including the sale of lumber and
other building supplies, but excluding milling or woodworking
other than incidental cutting of lumber to size, provided that
all sale, display, storage and incidental cutting is within an
enclosed building.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- -- Health food stores.
-- Hobby supply stores.
-- Ice cream shops.
-- Jewelry stores.
-- Lapidary shops.
-- Leather goods stores.
-- Mail order houses.
-- Meat markets, excluding slaughtering.
-- Millinery shops.
-- Mobilehome sales.
-- Model home display centers and sales offices,
provided that such models shall not be used for residential
purposes unless a conditional use permit is first obtained
pursuant to the provisions of Part 1 of Chapter 22.56.
- Motorcycle, motorscooter and trail bike sales,
conducted within an enclosed building.
-- Music stores.
-- Newsstands.
-- Notions or novelty stores.
--
stock. Nurseries, including the growing of nursery
-- Office machines and equipment sales.
-- Paint and wallpaper stores.
-- Pawnshops.
-- Pet stores, within an enclosed building only.
-- Pet supply stores.
-- Photographic equipment and supply stores.
-- Radio and television stores.
Recreational vehicle sales conducted within an
enclosed building.
-- Retail stores.
-- Secondhand stores.
-- Shoe stores.
-- Silver shops.
-- Sporting goods stores.
-- Stamp redemption centers.
-- Stationery stores.
-- Tobacco shops.
-- Toy stores.
Trailer sales, box and utility, conducted within an
enclosed building.
-- Yarn and yardage stores.
2. Services.
-- Air pollution sampling stations.
-- Arboretums and horticultural gardens.
-- Assaying.
- Automobile battery services, provided all repair
activities are conducted within an enclosed building.
Automobile brake repair shops, provided all repair
activities are conducted within an enclosed building.
-- Automobile muffler shops, provided all repair
activities are conducted within an enclosed building.
- Automobile radiator shops, provided all repair
activities are conducted within an enclosed building.
- Automobile rental and leasing agencies conducted
within an enclosed building.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- Automobile repair garages within an enclosed
building only, and excluding body and fender work, painting and
upholstering.
-- Automobile service stations.
-- Automobile sightseeing agencies.
-- Bakery goods distributors.
-- Banks, savings and loans, credit unions and finance
companies.
-- Barbershops.
-- Beauty shops.
-- Bicycle rentals.
-- Blueprint shops.
-- Boat rentals, conducted -within an enclosed building.
-- Book binderies.
-- Car washes, automatic, coin-operated and hand wash.
-- Carpet and rug cleaners.
-- Catering services.
-- Child care centers.
-- Colleges and universities, including appurtenant
facilities, giving advanced academic instruction approved by the
State Board of Education or other recognized accrediting
agencies.
-- Comfort stations.
-- Communication equipment buildings.
-- Community centers.
-- Costume rentals.
-- Dental clinics.
-- Dental laboratories.
-- Dog training schools, excluding boarding.
-- Dry cleaning establishments, provided that the
building is so constructed and the equipment is so installed and
maintained and the activity is so conducted that all noise,
vibration, dust, odor and all other objectionable factors will be
confined or reduced to the extent that no annoyance or injury
will result to persons or property in the. vicinity.
-- Electric distribution substations, including
microwave facilities, provided:
a. That all such installations are completely
surrounded by a masonry wa]l to a height of not less than eight
feet. The Director may approve the substitution of a chain-link
or other industrial-typpe fence with screen planting where he
deems it appropriate. dill such substitutions shall be subject to
the provisions of Part 12 of Chapter 22.56; and
b. That the area between the fence or wall and the
property line is landscaped and maintained while such use exists.
-- Electricians shops.
-- Employment agencies.
-- Film laboratories.
-- Fire stations.
-- Frozen food lockers.
-- Furniture and appliance rentals. -^
-- Furniture and household goods, transfer and storage.
-- Gas metering and control stations, public utility.
-- Hospital equipment and supply rentals.
-- Interior decorating studios.
-- Laboratories, research and testing.
-- Laundries, hand.
Sec. 28.230 (Cont.) CHAPTER 22.28
-- Laundries, retail.
-- Laundries, self-service.
-- Laundry agencies.
-- Laundry plants, wholesale.
-- Libraries.
-- Locksmith shops.
-- Lodge halls.
-- Medical clinics.
-- Medical laboratories.
-- Microwave stations.
-- Mimeograph and addressograph services.
-- Mortuaries.
- Motion picture processing, reconstruction and
synchronizing of film with sound tracks.
- Motion picture studios and indoor sets, including
the temporary use of domestic and wild animals in motion picture
and television production, provided said animals are kept or
maintained pursuant to all regulations of the Los Angeles County
Department of Animal Control, and are retained on the premises
for a period not exceeding 60 days. The Director may extend such
time period for not to exceed 30 additional days subject to the
provision of Part 12 of Chapter 22.56, on Director's review.
-- Motorcycle, motorscooter and trail bike rentals.
-- Museums.
-- Observatories.
-- Offices, business or professional.
-- Packaging businesses.
-- Party equipment rentals.
-- Pet grooming, excluding boarding.
-- Photocopying and duplicating services.
-- Photoengravers and lithographers.
-- Photography studios.
-- Plumbing shops.
-- Police stations.
-- Post offices.
-- Printers or publishers.
-- Public utility service centers.
-- Radio and television broadcasting studios.
-- Real estate offices.
-- Recording studios.
-- Recreatioual vehicle rentals.
-- Repair shops, household and fix -it.
- Restaurants and other eating establishments,
including food take-out.
-- Reupholsterers, furniture.
-- Revival meetings, tent, temporary, operated at one
particular location if not within 300 feet of any public park or
school or area in any residential zone and not longer than seven
days in any six-month period.
-- Schools, through grade 12, accredited, including
appurtenant facilities, which offer instruction required to be
taught in the public schools by the Education Code of the State
of California.
-- Schools, business and professional, including art,
barber, beauty, dance, drama and music and trade schools.
-- Shoe repair shops.
-- Shoeshine stands.
Chp. 28.230 (Cont.) CHAPTER 22.28
-- Sightseeing agencies.
-- Stations: bus, railroad and taxi.
-- Tailor shops.
-- Taxidermists.
-- Telephone repeater stations.
-- Tire retreading or recapping.
-- Tool rentals, including rototillers, power mowers,
sanders and saws, cement mixers and other equipment, but
excluding heavy machinery or trucks exceeding two tons capacity.
-- Tourist information centers.
-- Trailer rentals, box and utility only, conducted
within an enclosed building.
-- Truck rentals, excluding trucks exceeding two tons
capacity, conducted within an enclosed building.
-- Union hails.
-- Veterinary clinics, small animals.
-- Watch repair shops.
-- Wedding chapels.
3. Recreation and Amusement.
-- Amusement rides and devices, including
merry-go-rounds, ferris wheels, swings, toboggans, slides,
rebound -tumbling and similar equipment operated at one particular
location not longer than seven days in any six-month period.
-- Athletic fields.
-- Carnivals, commercial, including pony rides,
operated at one particular location not longer than seven days in
any six-month period.
-- Parks and playgrounds with all appurtenant
facilities customarily found in conjunction therewith.
B. The following industrial uses, provided all activities are
conducted within an enclosed building:
1. Assembly and Manufacture. Assembly and manufacture
from previously prepared materials, and excluding the use of drop
hammers, automatic screw machines, punch presses exceeding five
tons capacity and motors exceeding one horsepower capacity that
are used to operate lathes, drill presses, grinders or metal
cutters:
-- Aluminum products.
-- Appliance assembly, electrical, electronic and
electromechanical.
-- Bone products.
-- Canvas products.
-- Cellophane products.
-- Cloth products.
-- Cosmetics, excluding soap.
-- Equipment assembly, electrical, electronic and
electromechanical.
-- Felt products.
-- Fur products.
-- Glass products and stained-glass assembly, provided
no individual crucible shall exceed a capacity of 16 square feet.
-- Golf ball manufacture.
-- Instrument assembly, electrical, electronic and
electromechanical, including precision machine shops.
-- Jewelry manufacture.
-- Leather products, excluding machine belting.
Sec. 28.230 (Cont.) CHAPTER 22.28
- Metals, working and casting of rare, precious or
semiprecious metals.
-- Metal plating.
-- Optical goods manufacture.
-- Paper products.
-- Perfume manufacture.
-- Phonograph records manufacture.
-- Plastic products.
-- Shell products.
-- Stone products.
-- Textile products.
-- Toiletries, products.
-- Wicker and bamboo products.
-- Yarn products, excluding dyeing of yarn.
2. Food Drocess.ina
-- Bakeries.
-- Candy and confectioneries.
-- Fruit and vegetable juices.
-- Ice cream.
22.28.240 ACCESSORY USES. Premises in Zone C -M may be used for:
A. The following accessory uses, subject to the same
limitations and conditions provided in Section 22.28.040 (Zone
C -H):
-- Accessory buildings and structures.
-- Building materials, storage of.
B. The following additional accessory uses, subject to the
same limitations and conditions provided in Section 22.28.190
(Zone C-3):
-- Manufacturing, processing, treating and packaging
incidental to and operated in conjunction with the business
conducted on the premises, except as otherwise provided as a
principal use in Section 22.28.230.
C. The following additional accessory uses:
- Signs as provided in Ordinance 5(1991).
22.28.250 USES SUBJECT TO DIRECTOR'S REVIEW AND AppROVAL. If
site plans therefor are first submitted to and approved by the
Director, premises in Zone C -M may be used for:
A. The following uses, subject to the same limitations and
conditions provided in Section 22.28.050 (Zone C -H):
- Access to`property lawfully used for a purpose not
permitted in Zone C -M.
-- Christmas trees and wreaths, the sale of.
-- Live entertainment, accessory, in a legally
established bar, cocktail lounger or restaurant having an
occupant load of less than 200 people, where in full compliance
with the conditions of Section 22.56.1754.
22.28.260 USES SUBJECT TO PERMITS. Premises in Zone C -M may be
used for:
A. The following uses, provided a conditional use permit
has first been obtained as provided in part 1 of Chapter 22.56,
and while such permit is in full force and effect in conformity
with the conditions of such permit for:
Sec. 28.260 CHAPTER 22.28
-- Adult businesses in addition to those specifically —'
classified in this section, including but not limited to, love
parlors, nude studios, sexual catharsis centers, sexual encounter
shops, sexual novelty stores and other similar uses, provided
that, as a condition of use, such uses shall not be located
within a 1,000 -foot radius of any other adult business, and
subject to the provisions of Section 22.56.190.
-- Alcohol sales for on or off-site consumption.
-- Ambulance services.
-- Amphitheatre.
- Amusement rides and devices, including merry-go-
rounds, ferris wheels, swings, toboggans, slides,
rebound -tumbling and similar equipment for longer than seven
days.
-- Arcades, adult, provided that, as a condition of
use, such use shall not be located within a 1,000 foot radius of
any other adult business, and subject to the provisions of
Section 22.56.190.
-- Arcades, game or movie.
-- Archery ranges.
- Automobile, boat, motorcycle, recreational vehicle,
trailer, trucks and similar vehicles sale, lease or rental
conducted with outdoor storage or display.
- Automobile body and fender repair, painting and
upholstering, when incidental to the sale of new automobiles.
Automobile body and fender repair shops, provided
that all operations are conducted within an enclosed building.
-- Automobile impound yards, subject to the conditions
of Part 4 of Chapter 22.52,, except as otherwise prescribed by the
Commission in approving an application therefor.
- Automobile painting and upholstering shops, provided
that all operations are conducted within an enclosed
building.
-- Bars and cocktail lounges, but excluding cabarets.
-- Billiard halls.
-- Boats, minor repair of.
-- Bookstores, adult, provided that, as a condition of
use, such use shall not be located within a 1,000 -foot radius of
any other adult business and subject to the provisions of Section
22.56.190.
-- Bowling alleys.
-- Boxing arbnas.
-- Butane and propane service stations.
-- Cabarets, provided that, as a condition of use, such
use shall not be located within a 1,000 -foot radius of any other
adult business, and subject to the provisions of Section
22.56.190.
-- Cardrooms or clubs.
- Carnivals, commercial, including pony rides, for
longer than seven days.
- Churches, temples -or other places used exclusively
for religious worship, including customary incidental educational
and social activities in conjunction therewith.
-- Circuses.
-- Convents and monasteries.
-- Dance halls.
-- Dog kennels.
-- Earth stations.
-- Electric transmission substations and generating
plants, including microwave facilities used in conjunction with
any one thereof.
-- Escort bureaus.
-- Games of skill.
-- Gas, industrial, including oxygen, acetylene, argon,
carbon dioxide and similar gases in Interstate Commerce
Commission approved -type cylinders.
-- Gas distribution depots, public utility.
-- Golf driving ranges.
-- Gymnasiums.
-- Health clubs or centers.
-- Heliports.
-- Helistops.
-- Hospitals.
-- Hospitals, small animal.
-- Hotels.
-- Live entertainment, accessory, in a legally
established bar, cocktail lounge or restaurant having an occupant
load of less than 200 people, where the conditions of Section
22.56.1754 have not or cannot be met. This provision shall not
be construed to authorize the modification of development
standards required for establishment of such bar, cocktail lounge
or restaurant, except as otherwise provided by Part 2 of Chapter
22.56.
-- Massage parlors, provided that, as a condition of
use, such use shall not be located within a 1,000 -foot radius of
any other adult business, and subject to the provisions of
Section 22.56.190.
-- Miniature golf courses.
- Mobilehome parks, subject to the conditions of part
6 of Chapter 22.52.
-- Mobilehomes for use by a caretaker and his immediate
family, in accordance with Part 6 of Chapter 22.52.
-- Model studios, provided that, as a condition of use,
such use shall not be located within a 1,000 -foot radius of any
other adult business, and subject to the provisions of Section
22.56.190.
-- Motels.
-- Night clubs.
-- Parcel delivery terminals.
-- Parking lots and parking buildings.
- Outdoor dining, where the conditions of Subsection G
of Section 22.28.070 have not or cannot be met.
-- Pool halls.
-- Public utility service yards.
-- Publicly owned uses necessary to the maintenance of
the public health, convenience or general welfare in addition to
those specifically listed in this section.
-- Radio and television stations and towers.
- Recreation clubs, commercial, including tennis,
polo, swimming and similar outdoor recreational activities,
-- together with appurtenant clubhouse.
-- Revival meetings, tent, for longer than seven days.
-- Rifle, pistol, skeet or trap ranges.
-- Shooting galleries.
-- Signs as provided in Part 10 of Chapter 22.52.
-- Skating rinks, ice or roller.
-- Solid fill projects.
Sec. 22.28.260 (Cont.) CHAPTER 22.28
-- Steam or sauna baths. —'
-- Storage, temporary, of materials and construction
equipment used in construction or maintenance of streets and
highways, sewers, storm drains, underground conduits, flood
control works, pipelines and similar uses, for a period not to
exceed one year.
-- Swap meets.
-- Theaters, adult, provided that, as a condition of
use, such use shall not be located within a 1,000 -foot radius of
any other adult business, and subject to the provisions of
Section 22.56.190.
-- Theaters and other auditoriums.
-- Temporary uses as provided in Part 14 of Chapter
22.56.
22.28.270 DEVELOPMENT STANDARDS. Premises in Zone C -M shall be
subject to the following development standards:
A. That not to exceed 90 percent of the net area be
occupied by buildings, with a minimum or 10 percent of the net
area landscaped with a lawn, shrubbery, flowers and/or trees,
which shall be continuously maintained in good condition.
Incidental walkways, if needed, may be developed in the
landscaped area.
B. That there be parking facilities provided as required
by Part 11 of Chapter 22.52.
C. Outside Display. All display in Zone C -M shall be --
located wholly within an enclosed building except for the
following:
-- Amusement rides and devices.
-- Automobile service stations, limited to automobile
accessories and facilities necessary to dispensing petroleum
products only.
-- Carnivals, commercial.
-- Christmas trees and wreaths, the sale of.
-- Electric distribution substations.
-- Gas metering and control stations, public utility.
-- Parking lots.
-- Restaurants and other eating establishments,
including food take-out, subject to the standards specified by
Subsection G of Section 22.28.070.
- Signs, outdoor advertising.
D. Outside Storage. Outside storage is permitted on the
rear of a lot or parcel of land in Zone C -M when such storage is
strictly incidental to the permitted use existing in a building
on the front portion of the same lot or parcel of land, and
provided no storage is higher than the enclosure surrounding it
nor nearer than 50 feet to the front property line. Any outdoor
area used for storage shall be completely enclosed by a solid
masonry wall and solid gate, not less than five feet nor more
than six feet in height, except that the Director may approve the
substitution of a fence or decorative wall where, in his opinion,
such wall or fence will adequately comply with the provisions of
this section. All such requests for substitution shall be
subject to the provisions of Part 12 of Chapter 22.56, on
Director's review.
E. Planned Development. Property within the C-M Zone and
located at the southwest corner of Grand Avenue and Golden
Springs Drive shall, upon application for development approval or
subdivision, concurrently submit a Planned Development (Master
^ Plan) for Conditional Use Permit approval.
The purpose of the Planned Development is to encourage
consolidation or integration of land uses in order to achieve
superior design, land use efficiencies, cohesive appearance,
coordinate access and reduce incremental development costs.