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ORD 02 (1998)
ORDINANCE NO. 02 (1998) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A DEVELOPMENT CODE (CASE NO. ZCA 97-1) AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. The City Council of the City of Diamond Bar does hereby order as follows: i. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles, now currently applicable to development applications within the City of Diamond Bar. ii. The City's General Plan was adopted on July 25, 1995. Pursuant to State law, the City undertook to prepare a new zoning ordinance consistent with that General Plan and better suited than the County Code to the City's land use and development goals and practices. iii. Adult -Oriented Business regulations are included within this Development Code. The City Council takes legislative notice of the existence, content and findings of the following studies concerning the adverse secondary effects of adult-oriented businesses: New York, New York (1994); Garden Grove, California (1991); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977). The Cit} Council also takes legislative notice of the facts set forth in numerous reported court opinions regarding the adverse secondary effects of adult-oriented businesses. See e.q. California v. LaRue, 40-9 U.S. 109 (1972) describing on -premises sexual contacts between adult- oriented business customers and entertainers as well as on -premise occurrence of prostitution. The City Council finds that these studies and court opinions are, in whole or in part, relevant to the potential problems addressed by the City of Diamond Bar in enacting this ordinance. The City Council fiuther finds that these studies and court opinions provide convincing evidence that adult-oriented businesses generate adverse secondary effects including, but not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses. In accordance with Renton v. Plavti e TheatersInc., 475 U.S. 41 (1986), the City Council has relied on these studies and court opinions, in whole or in part, in enacting these regulations. The purpose of these regulations is to regulate adult-oriented businesses in a manner which eliminates or mitigates the adverse secondary effects on the community noted above. The City Council recognizes that non -obscene adult-oriented materials are constitutionally protected. In enacting these regulations the City does not intend to restrict or deny access by adults to such materials, nor to deny the distributors and exhibitors of such materials to their targeted market. The City Council finds that the zone limitations and separation requirements contained within these regulations provide a reasonable opportunity for adult-oriented businesses to operate within the City. In the establishment of these criteria, the City Council has considered their effects on the number and suitability of locations for adult-oriented businesses. iv. The Planning Commission of the City of Diamond Bar on July 22, 1997; July 29, 1997; August 5, 1997; August 12, 1997; August 19, 1997; August 26, 1997; September 2, 1997; September 6, 1997; September 9, 1997; September. 23, 1997; October 14, 1997; October 27, 1997; November 12, 1997; November 25, 1997; and December 9, 1997; conducted duly noticed public hearings with regard to the Development Code. V. The City Council of the City of Diamond Bar on March 17, 1998; April 7, 1998; April 21, 1998; May 5, 1998; May 18, 1998; June 16, 1998;and October 20, 1998 conducted duly noticed public hearings with regard to the Development Code. vi. The City Council hereby determines that there is no substantial evidence that the Development Code will have a significant effect on the environment and therefore a Negative Declaration (ND 97-3) has been prepared, pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. vii. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this City Council that the Development Code proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. viii. The City Council finds that the Development Code is consistent with the goals, strategies, and objectives of the General Plan. Section 2. Title 22 of the Diamond Bar Municipal Code is amended in its entirety to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. 2 PASSED, APPROVED AND ADOPTED THIS 3rd day of November. , 1998. &J14., MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of October , 1998, 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, 1998, by the following vote: AYES: COUNCILMEMBERS: Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: - City Clerk, City of T.acamond Bar 3 Title 22 of the Diamond Bar Municipal Code City Council Revisions Frepared by THE PLANNING &ZONING ALLIANCE URBAN DESIGN STUDIO JACOBSON & WACK CRAWFORD, MULTARI, & CLARK DIAMOND BAR DEVELOPMENT CODE TABLE OF CONTENTS ;r ARTICLE I Purpose and Applicability of Development Code Chapter 22.01-Enactment and Applicability of Development Code ............... I-3 22.01.010-Title*tag ......................................................I-3 22.01.020 - Purpose and Intent of Development Code ......................... I-3 22.01.030 - Authority, Relationship to General Plan. 8 I-4 22.01.040 - Applicability of Development Code .............................. 8 I-4 22.01.050 - Responsibility for Administration ............................... 0 I-5 Chapter 22.02 -Development and Land Use Approval Requirements .............. I-7 22.02.010 - Purpose of Chapter ............................................. I-7 22.02.020 - Requirements for Development and New Land Uses ................ I-7 22.02.030 - Exemptions from Development and Land Use Approval Requirements I-8 22.02.040 - Temporary Uses ................................................ I-8 22.02.050 - Additional Permits and Approvals May be Required ................ I-8 Chapter 22.04 -Interpretation of Development Code Provisions ................. I-11 22.04.010 -Purpose of Chapter ............................................ I-11 22.04.020 - Rules of Interpretation ......................................... I-11 22.04.030 - Procedures for Interpretations ................................... I-14 ARTICLE II Zoning Districts and Allowable Land Uses Chapter 22.06 -Establishment of Zoning Districts, Adoption of Zoning Map ...... II-3 22.06.010 -Purpose of Chapter ............................................ II-3 22.06.020 - Zoning Districts Established .................................... II-3 22.06.030 - Zoning Map Adopted .......................................... II-5 22.06.040 - Zoning District Regulations ..................................... II-5 Chapter 22.08 -Residential Zoning Districts ................................... II-8 22.08.010 -Purpose of Chapter ............................................ II-8 Diamond Bar Development Code Table of Contents Page 1 22.08.020 - Purposes of Residential Zoning Districts ......................... 0 II-8 22.08.030 - Residential Zoning District Land Uses and Permit Requirements .... II-9 22.08.040 - Residential Zoning District General Development Standards ....... II-12 22408.050 - Minimum Lot Area .......................................... 0 II-13 Chapter 22.10 - CommerciaUIndustrial Zoning Districts ........................ II-15 22.10.010 - Purpose of Chapter ........................................... 1145 22.10.020 - Purposes of Commercial/Industrial Zoning Districts .............. II-15 22.10.030 - Commercial/Industrial District Land Uses and Permit Requirements II-16 22.10.040 - Commercial/Industrial District General Development Standards ... II-23 22.10.050 - Industrial District Performance Standards ....................... II-27 Chapter 22.12 -Special Purpose Zoning Districts .............................. II-29 22.12.010 - Purpose of Chapter ........................................... II-29 22.12.020 - Purposes of Special Purpose Zoning Districts .................... II-29 22.12.030 - Special Purpose District Land Uses and Permit Requirements ...... II-30 22.12.040 - Special Purpose District General Development Standards .......... II-32 22.14.010-Purpose of Chapter ........................................... II-35 22.14.020 - Purpose and Applicability of Districts ........................... II-35 22.14.030 - Planned Development (-PD) Overlay District .................... II-35 ARTICLE III Site Planning and General Development Standards Chapter 22.16 -General Property Development and Use Standards .............. III-5 22.16.010 -Purpose and Applicability ..................................... III-5 22.16.020- Access ...................................................... III-5 22.16.030 -Air Emissions ................................................ III-6 22.16.040 -Environmental Resource Protection ............................. III-7 22.16.050 - Exterior Lighting ............................................. III-7 22.16.060 - Height Measurement and Height Limit Exceptions III-8 22.16.070 - Open Space for Commercial Projects ............................ III-9 22.16.080 - Screening and Buffering ...................................... III-10 22.16.090 - Setback Regulations and Exceptions a 0 4 a 0 & 0 6 0 0 t a 0 9 a G 0 9 0 0 a a IIIA2 22.16.100 - Solid Waste/Recyclable Materials Storage ...................... III46 22.16.110 - Undergrounding of Utilities .................................. III-19 22.16.120- Vibrations .................................................. III-20 22.16.130- View Protection ............................................. III-20 Chapter 22.18 -Affordable Housing Incentives/Density Bonus Provisions ...... III-23 22.18.010-Purpose .................................................... III-23 22.189020 - Eligibility for Bonus and Incentives ............................ III-23 22.18.030 we Types of Bonuses and Incentives Allowed ...................... III-24 22418.040 - Continued Availability ...................................... 0 III-24 22.18.050 - Location of Bonus Units ...................................... III-25 Diamond Bar Development Code Table of Contents Page 2 22.18.060 - Processing of Bonus Requests ................................. III-25 Chapter 22.20 - Fences, Hedges, and Walls ................. 9.i............... a III-27 22.20.010no, Purpose ...................................................a III-27 22.20.020 - Applicability ................................................ III-27 22.20.030 - General Height Limitations ................................... III-27 22.20.040 owHeight Limitations for Retaining Walls ......................... III-28 22.20.050 - Measurement of Fence or Wall Height ......................... III-28 22.20.060 - Walls Required Between Different Zoning Districts .............. III-28 22.20.070 - Special Wall and Fencing Requirements ........................ III-29 22.20.080 - Prohibited Fence Materials ................................... III-29 22.20.090 - Authority to Waive or Modify Requirements ................... 0 III-29 Chapter 22.22 -Hillside Management ....................................... III-31 22.22.010-Purpose ...... .............................................a III-31 22.22.020 of, Applicability ................................................ III-32 22.22.030 - Required Plans and Reports .................................. III-32 22.22.040- Density ..................... to* ...........:................ III-34 22.22.050 - Hillside Development Standards and Guidelines ................ III-36 22.22.060 - Landform Grading and Revegetation Standards ................. III-36 22.22.070 - Slope Analysis .............................................. III-38 22.22.080- Grading .................................................... III40 22.22.090- Drainage ................................................... III-50 22.22.100 - Access, Trails, and Roadways ................................. III-52 22.22.110 - Site Design........................�......................... III-56 22.22.120- Architecture ................................................ III-57 22.22.130 - Fences and Landscaping ..................................... III-60 22.22.140 - Fire Protection Standards ..................................... III-63 22.22.150 - Evaluation of Conditional Use Permit Application ............... III-64 22.24.010- Purpose .................................................... IIIW 22.24.020 - Applicability ................................................ III-65 22.24.030 - Landscape Plan Requirements ............................... O III-66 22.24.040 - Landscape Area Requirements ................................ III-66 22.24.050go, Landscape Standards ........................................ III-68 22.24.060 - Waiver or Modification of Requirements ....................... III-70 22.26.010-Purpose .................................................... III-73 22.26.020- Applicability ................................................ III-73 22.26.030 - Landscape Documentation ................................... III-74 22,26.040 - Elements of Landscape Documentation Package ................. III-74 22.26.05U - Water Efficient Landscape Criteria ............................ 0 III-77 22.26.060 - Existing Landscapes ......................................... III-78 22.26.070 - Public Education ............................................ III-79 Chapter 22.28 -Noise Control .............................................. III-81 22.28.010-Purpose.................................................... III-81 22.28.020 - Declaration of Policy ......................................... III-81 22.28.030 - Enforcement of Regulations ................................... III-81 22.28.040 - Initial Violations ............................................ III-81 22.28.050 - Activities Exempt from Regulations ............................ III-82 22.28.060 - Decibel Measurement ........................................ III-82 Diamond Bar Development Code Table of Contents Page 3 22.28.070 - Noise Zones Designated ...................................... III-83 22.28.080 - Exterior Noise Standards ..................................... III-83 22.28.090 - Interior Noise Standards for Residential Uses III-85 22.28.100 - Correction for Certain Types of Sounds III-86 22.28.110 - Measurement Methods ....................................... III-86 22.28.120 - Acts Deemed Violations of Chapter ............................ III-86 22.28.130 - Delay in Compliance ......................................... III-90 Chapter 22.30 -Off-Street Parking and Loading Standards ................... . 30.020 - Applicability ............................................... . 22.30.030 - General Parking Regulations ................................. . 22430.040 me Number of Parking Spaces Required ......................... 0 . 22.30.050 - Reduction of Off -Street Parking Requirements for Shared Use ... . 22.30.060 - Disabled/Handicapped Parking Requirements ................ . 22.30.070 - Development Standards for Off -Street Parking ................ . 22.30.080 - Driveways and Site Access ................................. . 22.30.090 - Bicycle Parking ................................. vote ...... . 22.30.100 owOff-Street Loading Space Requirements ...................... . I-1 II9 I-1 II9 I-0 I-0 I-0 I49 II10 II1 Chapter 22.32 -Planned Development Standards ............................ III-115 22.32.010 - Purpose ................................................... III415 22.32.020 - Applicability ............................................... III415 22.32.030 - Development Standards ..................................... III415 Chapter 22.34 -Property Maintenance Standards ........................... . 22.34.010- Purpose ................................................... 22.34.020 - Applicability .............................................. . 22.34.030 - Single-family Standards .................................... . 22.34.040 - Multi -family Standards ................................... . . 22.34.050 - Commercial Standards ..................................... . 22.34.060- Industrial Standards ........................................ . 22.34.070 - Abatement Procedures ..................................... . Chapter22.36-S4 gn Standards ............................................ 22.36.010-Purpose................................................... 22.36.020- Applicability ............................................... 22.36.030 - General Provisions for All Signs ............................. . 22.36.040 - Sign Permits .............................................. . 22.36.050 - Exemptions From Sign Permits .............................. . 22.36.060 - Comprehensive Sign Program .............................. . 22.36.070 - Sign Design Guidelines .................................... . 22.36o08O - Prohibited Signs ........................................... . 22.36.090 - Nonconforming Signs ...................................... . 22.36.100 - Abandoned Signs ......................................... . 22.36.110 - Inventory and Abatement of Illegal and Abandoned Signs ...... . 22.36.120 - Standards for Specific Types of Signs ......................... . 22.36.130 - Sign Standards by Zoning District ........................... . III-133 III-135 III-135 III-137 III-138 III-138 III-138 III-142 Chapter 22.38 -Tree Preservation and Protection ............................ III-149 22.38.010-Purpose................................................... III-149 22.38.020 - Applicability ............................................... IIIA49 Diamond Bar Development Code Table of Contents Page 4 22.38.030 on Protected Trees ........................................... 0 III-150 22.38.040 - Damaging Protected Trees Prohibited ....................... III-150 22.38.050 - Tree Removal Permit or Tree Pruning Permit Required .......... 111450 22.38.060 - Exemptions ................................................ 111450 22.38.070 - Tree Removal in Conjunction with a Discretionary Permit ....... III451 22.38.080 - Application Submittal Requirements .......................... 111451 22.38.090 - Action on Application ...................................... III-152 22.38.100 - Conditions of Approval ..................................... III-152 22.38.110 - Findings for Approval ...................................... 111452 22.38.120-Tagging................................................... II1453 22.38.130 - Tree Replacement/Relocation Standards ...................... 111453 22.38.140 - Tree Protection Requirements ................................ 111454 22.38.150 - Post Decision Procedures .................................... III-155 22.38.160 - Tree Replacement Fund ..................................... III-156 22.38.170 - Buyers Awareness Package .................................. III-156 Chapter 22.40 -Transportation Demand Management ....................... III-157 22.40.010- Purpose ................................................... III457 22.40.020 - Applicability ............................................... III-157 22.40.030 - Transportation Demand Management Program Requirements .... 111458 22.40.040 - Miscellaneous Optional Measures ............................ III-160 22.40.050- Monitoring ................................................ III460 Chapter 22.42 -Standards for Specific Land Uses ............................ III-161 22.42.010 - Purpose and Applicability .................................. 0 III-161 229429020 - Adult -Oriented Businesses .................................. III461 22.42.030 - Animals as Pets ............................................ III472 22.42.040 - Child Day Care Facilities ................................... 0 III-173 22.42.050 - Drive -In and Drive -Through Facilities ......................... III475 22.42.060- Guest Houses .............................................. III-176 22.42.070 - Home -Based Businesses ..................................... 111477 22.42.080 - Outdoor Display and Sales Standards ......................... III-178 22.42.090 - Outdoor Storage or Work Activities ........................... III482 22.42.100 - Recycling Facilities ................................. III482 22.42.110 - Residential Accessory Uses and Structures ..................... III487 22.42.120 - Secondary Housing Units ................................... E[1490 22.42.130 - Telecommunications Facilities ............................... III491 ARTICLE IV Land Use and Development Permit Procedures Chapter 22.44 -Applications, Processing, and Fees ............................ IV-3 22.44.010-Purpose..................................................... IV-3 22.440020 - Authority for Land Use and Zoning Decisions ................... IV-3 22.44.030 - Application Filing ............................................ IV4 22.44.040 - Application Fees ............................................ 0 IV-5 22.44.050 an Initial Application Review ..................................... IV-5 Diamond Bar Development Code Table of Contents Page 5 22.44.060 - Environmental Assessment .................................... IV-6 22.44.070 - Staff Report and Recommendations ............................. IV-7 22.44.080 - Procedural Requirements ...................................... IV-7 Chapter 22.46- Zoning Clearances ........................................... IV-9 22.46.010-Purpose ..................................................... IV-9 22.46.020-Applicability.............................................mass IV-9 Chapter 22.48 - Developrnent Reviewsee e . . IV-11 IVA4 22.48.060 -Post Approval Procedures .................................... IV-16 22.50.010 as Purpose, Applicability ....................................... IV-17 22.50.020 - Exempt Temporary Uses . .................................... IV-17 22.48.030 - Allowed Temporary Uses ................................... 9 IV-18 22.50.040 we Application Filing, Processing, and Review ..................... 1V-19 22.50.050 - Development Standards ...................................... IV-19 22.50.060 - Action by the Director ....................................... IV-20 22.50.070 - Post Approval Procedures .................................... IV-20 Chapter 22.52 Minor Variances ............................................. IV-23 22.52.010-Purpose .................................................... IV-23 22.52.020 - Applicability ................................................ IV-23 22.52.030 - Application Filing, Processing, and Review .................... 0 IV-24 22.52.040 - Findings and Decision ....................................... IV-24 22.52.050 - Conditions of Approval ..................................... t N-25 22.52.060 - Post Approval Procedures .................................... N-25 Chapter 22.54 -Variances .................................................. IV-27 22.54.010-Purpose.................................................... IV-27 22.54.020 - Applicability ................................................ IV-27 22.54.030 - Application Filing, Processing, and Review .................... 0 N-28 22.54.040 - Findings and Decision ...................................... a IV-28 22.54.050 - Conditions of Approval ...................................... IV-29 22.54.060 - Post Approval Procedures .................................... IV-29 Chapter 22.56 -Minor Conditional Use Permits .............................. IV-31 22.56.010-Purpose.................................................... IV-31 22.56.020 - Applicability ................................................ IV-31 22.56.030 - Application Filing, Processing, and Review ..................... IV-32 22.56.040 - Findings and Decision ....................................... IV-33 22.56.050 we Conditions of Approval ..................................... a IV-33 22.56.060 - Post Approval Procedures .................................... IV-33 Chapter 22.58 -Conditional Use Permits ..................................... IV-35 22.58.010-Purpose.................................................... IV-35 22.58.020 - Applicability ................................................ IV-35 22.58.030 - Application Filing, Processing, and Review ..................... IV-35 Diamond Bar Development Code Table of Contents Page 6 22.58.040 - Findings and Decision ....................................... IV-36 22.58.050 - Conditions of Approval ...................................... N-36 22.58.060 - Post Approval Procedures .................................... IV-36 Chapter 22.60 - Specific Plans660000 0040000000 000 Mae IV-39 22.60.010-Purpose . a 00* 64000086000* 004*09004*0 ........................ 1V-39 22.60.020- Applicability ................................................ N-39 22.60.030 ON, Initiation, Presubmittal, and Preparation of Specific Plans ........ N-39 22.60.040 - Preparation and Content ..................................... IV40 22.60.050 - Filing and Processing ........................................ IV 41 22.60.060 - Adoption of Specific Plan ..................................... N-42 22.60.070 - Implementation and Amendments ............................ N-42 Chapter 22.62 -Development Agreements ................................... IV-43 22.62.010ON, Purpose .................................................... 1V-43 22.62.020- Application ................................................. IV-43 22.62.030 - Public Hearings ............................................. IV44 22.62.040 - Content of Development Agreement ........................... IV 45 22.62.050 - Execution and Recordation ................................... IV 45 22.62.060 - Environmental Review ....................................... IV45 22.62.070 - Periodic Review ............................................. IV46 22.62.080 - Amendment or Cancellation of Development Agreement ......... IV 46 22.62.090 - Effect of Development Agreement ............................. IV-46 22.62.100 - Approved Development Agreements ... '....................... N-47 ARTICLE V Development Code Administration Chapter 22.64 -Administrative Responsibility .................................. V-3 22.64.010-Purpose...................................................... V-3 22.64.020 - Planning Agency Defined ...................................... V-3 22.64.030 - City Council .................................................. V-3 22.64.040 - Planning Commission ......................................... V-3 22.64.050 - Community and Development Services Director ................... V4 22.64.060- Hearing Officer ............................................... V-5 Chapter 22.66 -Permit Implementation and Time Extensions .................... V-7 22.66.010-Purpose...................................................... V-7 22.66.020 ON, Effective Date of Permits ...................................... 9 V-7 22.66.030 ON, Applications Deemed Approved ................................ V-7 22.66.040 - Performance Guarantees ....................................... V-7 22.66.050 - Time Limits and Extensions ..................................... V-8 22.66.060 - Changes to an Approved Project ................................ V-9 22.66.070 - Resubmittals................................................. V40 22.66.080 - Covenants for Easement ....................................... V-11 Chapter 22.68 -Nonconforming Uses, Structures, and Parcels ................... V43 22.68.010-Purpose..................................................... V-13 22.68.020 - Restrictions on Nonconforming Uses ............................ V43 Diamond Bar Development Code Table of Contents Page 7 22.68.030 - Restrictions on Nonconforming Structures ....................... V44 22.68.040 - Single -and Multi -Family Dwelling Unit Exemptions .............. V-17 22.68.050 - Loss of Nonconforming Status ................................. V-17 22.68.060 - Nonconforming Parcels ....................................... V48 22.68.070 - Conformity of Uses Requiring Conditional Use Permits .......... a V-19 22.68.080 - Previous Conditional Use Permits in Effect ...................... V49 22.68.090 - Unlawful Uses and Structures .................................. V-19 Chapter 22.70 -General Plan, Development Code, and Zoning Map Amendments V-21 22.70.010- Purpose....................................................0 V-21 22.70.020 - Notice and Hearing ........................................... V-21 22.70.030 - Commission Action on Amendments ........................... V-21 22.70.040 - Council Action on Amendments ............................... V-21 22.70.050 - Adoption of Amendment ...................................... V-22 22.70.060-Prezon6 ng................................................... V-22 Chapter 22.72 -Public Hearings ............................................. V-25 22.72.010 ~Purpose ..................................................... V-25 22.72.020 - Notice of Hearing ............................................ V-25 22.72.030 - Notice of Decision— Director/Hearing Officer ................... V-27 22.72.040 - Notice of Decision —Commission ............................... V-27 22.72.050 - Finality of Decision by Director, Hearing Officer, or Commission ... V-27 22.72.060 - Recommendation by Commission .............................. V-27 22.72.070 - Notice of Decision --Council ................................... V-27 Chapter 22.74 - Appeals .................................................... V-29 22.74.010-Purpose..................................................... V-29 22.74.020 at, Council Review .............................................. V-29 22.74.030 -. Appeals of Decisions .......................................... V-29 22.74.040 - Filing and Processing of Appeals ............................... V-30 Chapter 22.76 -Revocations and Modifications ................................ V-31 22.76.010-Purpose..................................................... V-31 22.76.020 - Revocations and Modifications ................................. V-31 Chapterfir) .78-Enforcement................................................ V-33 22.78.010-Purpose..................................................... V-33 22.78.020- Violations..................................................0 V-33 22.78.030 - Remedies are Cumulative .................................... 0 V-33 22.78.040 ,& Inspection ..................................................0 V-34 22.78.050 - Initial Enforcement Action .................................... a V-34 22.78.060 - Legal Remedies .............................................. V-35 22.78.070 - Recovery of Costs ........................................... 0 V-36 22.78.080 - Additional Permit Processing Fees .............................. V-37 22.78.090- Reinspection Fees ............................................ V-37 Diamond Bar Development Code Table of Contents Page 8 ARTICLE VI Development Code Definitions Chapter 22.80 -Definitions ............................................... . 22.80.010 - Purpose of Chapter ......................................... . 22.80.020 - Definitions of Specialized Terms and Phrases .................. . Diamond Bar Development Code Table of Contents Page 9 ARTICLE I Purpose and Applicability of Development Code Chapter 22.01-Enactment and Applicability of Development Code ............... I-3 22.01.010- Title..........................................................I-3 22.01.020 - Purpose and Intent of Development Code ......................... I-3 22.01.030 - Authority, Relationship to General Plan ........................... I4 22.01.040 - Applicability of Development Code ............................... I-4 22.01.050 - Responsibility for Administration ............................... 0 I-5 Chapter 22.02 -Development and Land Use Approval Requirements .............. I-7 22.02.010 - Purpose of Chapter ............................................. I-7 22002.020 - Requirements for Development and New Land Uses ................ I-7 22.02.030 - Exemptions from Development and Land Use Approval Requirements.............................................pose I-8 22.02.040 - Temporary Uses ................................................ I-8 22.02.050 - Additional Permits and Approvals May be Required ................ I-8 Chapter 22.04 - Interpretation of Development Code Provisions ................. I-11 22.04.010 - Purpose of Chapter ............................................ I41 22.04.020 - Rules of Interpretation ......................................... I41 22.04.030 - Procedures for Interpretations ................................... I-14 Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-1 Contents Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 1-2 CHAPTER 22M m ENACTMENT AND APPLICABILITY OF DEVELOPMENT CODE Sections: 22.01.010 -Title 22.01.020 - Purpose and Intent of Development Code 22.01.030 - Authority, Relationship to General Plan 22.01.040 - Applicability of the Development Code 22,01.050 - Responsibility for Administration 22.01.010 -Title Title 22 of the Diamond Bar Municipal Code is and may be cited as the Diamond Bar Development Code, hereafter referred to as "this Development Code ." 22.01.020 -Purpose and Intent of Development Code The purpose of this Development Code is to implement the policies of the Diamond Bar General Plan by classifying and regulating the uses of land and structures within the City of Diamond Bar. In addition, this Development Code is adopted to protect and to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the City. To fulfill these purposes, it is the intent of this Development Code to: A. Provide standards for the orderly growth and development of the City, and promote a stable pattern of land uses; B. Implement the uses of lanAA 4,eA by the Diamond Bar General Plan and avoid conflicts between land uses; C. Maintain and protect the value of property; D. Conserve and protect the natural resources of the City; E. Protect the character, and social and economic stability of residential, commercial, and industrial areas; F. Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design; and G. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code (Government Code Sections 66410 et seq.). Diamond Bar Development Code Article I - Purpose and Applicability July 21,1998 I-3 Enactment and Applicability 22.01 22.01.U30 - Authority, Relationship to General Plan A. This Development Code is enacted based on the authority vested in the City of Diamond Bar by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (Govemient Code Sections 66410 et seq.); and the California Health and Safety Code. B. This Development Code and the Zoning Map (Section 22.06.030) are the primary tools used by the City of Diamond Bar to implement the goals, objectives, and strategies of the Diamond Bar General Plan, which is the overall policy document of the City, hereafter referred to as the "General Plan." 22.01.040 -Applicability of Development Code This Development Code applies to all land uses, structures, subdivisions, and development within the City of Diamond Bar, as provided by this Section. A. New land uses or structures, changes to land uses or structures. Compliance with the requirements of Section 22.02.020 (Requirements for Development and New Land Uses) or, where applicable, Chapter 22.68 (Nonconforming Uses, Structures, and Parcels), is necessary for any person to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure, B. Issuance of Building or Grading Permits. The Building Official or City Engineer, as applicable, may issue building, grading, or other construction permits only when. 1. The Al A anuse Al structure satisfy the requirements of Subsection A. above, and all other applicable statutes, ordinances and regulations; and 2. The Director and City Engineer determine that the site was subdivided in compliance with Title 21, (Subdivisions). C. Subdivision of land. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with: the minimum lot size requirements of Article II (Zoning Districts and Allowable Land Uses); Title 21 (Subdivisions); and all other applicable requirements of this Development Code. D. Continuation of an existing land use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 22.68 (Nonconforming Uses, Structures and Parcels). Existing land uses that were in violation of City zoning regulations applicable before the effective date of this Development Code, or in violation of the prior Los Angeles County Zoning Ordinance, are in violation of this Development Code. These uses shall Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 1-4 Enactment and Applicability 22.01 continue to be in violation unless they conform to the current provisions of this Development Code. E. Effect of Development Code changes on projects in progress. A land use permit application that has been accepted by the Department as complete prior to the effective date of this Development Code or any amendment shall be processed according to the requirements in effect when the application was accepted as complete. F. Minimurn requirements. The provisions of this Development Code shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Whenever in this Development Code discretion is vested in a City official or body, that discretion may be exercised so as to impose more stringent requirements as may be necessary to promote orderly land use development and the purposes of this Development Code. G. Other requirements may still apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Municipal Code or complying with the regulations of any City department, or any County, regional, State, or Federal agency. H. Conflicting requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 22.04.0201 (Conflicting Requirements). 22.01.050 -Responsibility for Administration This Development Code shall be administered by the Diamond Bar City Council, Planning Commission, Hearing Officer, Director, and the Community and Development Services Department, in compliance with Chapter 2.00 of the Municipal Code and Chapter 29.64 (Administrative Responsibility). Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-5 Enactment and Applicability 22.01 Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-6 CHAPTER 22X - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS Sections: 22.02.010 -Purpose of Chapter 22002.020 - Requirements for Development and New Land Uses 22.02.030 - Exemptions from Land Use Permit Requirements 22.02.040 - Temporary Uses 22.02.050 - Additional Permits or Approvals May Be Required 22.02.010 -Purpose of Chapter This Chapter sets forth the general requirements for the approval of proposed development and new land uses in the City. Land use permit requirements for specific land uses are set forth in Articles II and III. 22.02.020 -Requirements for Development and New Land Uses All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements. A. Allowable uses. The use of land shall be identified by Chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts), as being allowable in the zoning district applied to the site. The Director may determine whether a particular land use is allowable, in compliance with Section 22.04.020.H (Rules of Interpretation - Allowable Uses of Land). B. Permitlapproval requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 22.02.030 (Exemptions from Development and Land Use Approval Requirements). The land use permit requirements of this Development Code are established by Chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts). C. Development standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, including the zoning district standards of Article II (Zoning Districts and Allowable Land Uses), and the provisions of Article III (Site Planning and General Development Standards). D. Conditions of approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval. Diamond Bar Development Code Article I - Purpose and Applicability July 21,1998 I-7 Development and Land Use Approval Requirements 22.02 E. Legal parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Title 21 (Subdivisions), as applicable at the time the parcel was created. F. Development Agreements/Unilateral Contracts. The use and/or structures shall comply with any applicable Development Agreement approved by the City in compliance with Chapter 22.62 (Development Agreements), or Unilateral Contract previously approved by the City and recorded with the County of Los Angeles. 22.02.030 - Exemptions from Development and Land Use Approval Requirements The land use permit requirements of this Development Code do not apply to the activities, uses of land and/or structures identified by this Section. A. Governmental facilities. Facilities of the City, State, or the Federal Government on land owned or leased by a governmental agency, for governmental operations. B. Interior remodelling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure. C. Reconstruction of destroyed uses and structures. A use of land and/or structure destroyed by fire or natural disaster may be re-established as it existed, provided that it was legally established and in compliance with this Development Code before destruction. See Section 22.68.030.E (Maintenance and Repair) regarding repairs to nonconforming structures. D. Repairs and maintenance. Ordinary repairs and maintenance, if: 1. The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and 2. The exterior repairs employ the same materials and design as the original construction. 22.02.040 -Temporary Uses Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 22.50 (Temporary Use Permits). 22.02.050 -Additional Permits and Approvals Maybe Required An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain City permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits or approvals required by: Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I_a Development and Land Use Approval Requirements 22.02 .......... A. Other Municipal Code provisions, including: Building, Grading or other construction permits if they are required by Chapter 15.00; or a business license if required by Chapter 5.00, or B. Any applicable County, or any regional, State or Federal agency regulations. All necessary permits shall be obtained before starting work or establishing new uses. Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-9 Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-10 Interpretations 22.04 CHAPTER 22.04 = INTERPRETATION OF DEVELOPMENT CODE PROVISIONS Sections: 22.04.010 -Purpose 12.04.020 - Rules of Interpretation 12.04.030 - Procedures for Interpretations 22.04.010 -Purpose of Chapter This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan. 22.04.020 -Rules of Interpretation A. Authority. The Director or designee of the Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code. B. Language. 1. Terminology. When used in this Development Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to ...". 2. Number of days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act. 3. State law requirements. Where this Development Code references applicable provisions of State law (e.g., the California Government Code, Public Resources Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-11 Interpretations 22.04 Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time. C. Calculations -Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection. For example, the provision of RM zoning district which allows a parcel to be developed with 12 dwellings for each gross acre of site area, requires determining the number of acres in the site, and multiplying the site area by 12 to determine the number of dwellings allowed. 1. Minimum lot area and number of lots. The fractional/decimal results of calculations of the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number. For example, the RM zoning district minimum lot area requirement of 5,000 square feet would allow division of a 21,000 lot into four lots (21,000 / 5,000 = 4.2, rounded down to four). 2. Residential density. When the number of housing units allowed on a site are calculated based on density limits established by a zoning district, any fraction of a unit of 0.9 or greater shall be counted as a whole unit; any fraction of a unit less than 0.9 shall be rounded down to the next lowest whole number. For example, the RM zoning district allows 12 dwelling units per gross acre of site area; a site of 8,500 square feet would be allowed two dwelling units (8,500 / 43,560 = 0.195 acres; 0.195 x 12 = 2.34, rounded down to two). A site of 10,600 square feet would be allowed three housing units (10,600 / 43,560 = 0.243 acres; 0.243 x 12 = 2.92, rounded up to three). 3. Floor Area Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum Floor Area Ratio of 0.25 applied to a site of 25,856 square feet results in a maximum allowable floor area of 7,757 square feet (25,856 x .025 = 7,756.8, rounded up to 7,757). The maximum FAR itself (0.09, 0.25, etc.) is never rounded. 4. All other calculations. For all calculations required by this Development Code other than those described in Subsections C.1 and C.2 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/ decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. D. Separation between land uses. The distances required by this Development Code separating specified land uses shall be measured from the exterior properly boundary of the subject site to the exterior property boundary of the site from which such separation is required. Diamond Bar Development Code Article I -Purpose and Applicability July 21or I-12 Interpretations 22.04 E. Surrounding property for public notice. When public notice is required by this Development Code, "surrounding property" shall be defined as all properties within the radius encompassing the required distance from the exterior property boundary of the subject property. F. Conflicting requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows. 1. Development Code .provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Article II (Zoning Districts and Allowable Land Uses) and the provisions of Article III (Site Planning and General Development Standards), the provisions of Article III shall control. 2. Development Agreements or Specific Plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control. 3. Municipal Code provisions. In the event of any conflict between requirements of this Development Code and other regulations of the City, the most restrictive shall control. 4. Private agreements. The requirements of this Development Code shall not be interpreted as repealing, abrogating, or annulling any easement, covenant, or deed restriction imposed on private property. All land use and development shall comply with the requirements of this Development Code, regardless of the provisions of any private covenant or deed restriction. The City shall not enforce any private covenant, restriction, or agreement unless it is a party thereto. G. Zoning Mn boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty. (See also Section 99.06.040, Zoning District Regulations.) 1. Where the Zoning Map shows any lot or area within a particular zoning district, the zoning district shall extend to the centerline of any adjacent road, street, parkway, or highway. 2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the Director shall determine the location of the boundary by using the scale appearing on the Zoning Map. 3. Where a public street, alley, railroad, or other public right-of-way is officially vacated or abandoned, property that was within the former right-of-way shall be Diamond Bar Development Code Article I -Purpose and Applicability July 21,1998 I-13 Interpretations 22.04 deemed to be included within the zoning district applicable to the property to which the abandoned right-of-way is being attached. H. Allowable uses of and. If a proposed use of land is not specifically listed in Article II (Zoning Districts and Allowable Land Uses) the use shall not be allowed, except as follows. 1. Similar uses allowed. The Director may determine that a proposed use not listed in Article II may be allowed as a permitted or conditional use, or is not allowed. In making such a determination, the Director shall first find that. a. The characteristics of, and activities associated with the roposed use are equiJr valent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise or intensity than the uses listed in the district; b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and c. The proposed use will be consistent with the goals, objectives and policies of the General Plan and any applicable Specific Plan, 2. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required and what other standards and requirements of this Development Code apply. 22.04.030 -Procedures for Interpretations Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination. A. Request for interpretation. The request for an interpretation or determination shall be made to the Department and shall include all information described in the Instructions for Interpretation Requests, available from the Department. B. Findings, basis for interpretation. The issuance of an interpretation by the Director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan. Diamond Bar Development Code Article I -Purpose and Applicability July 21If I44 Interpretations 22.04 C. Record of interpretations. Official interpretations shall be. 1. Written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and 2. Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff. Any provision of this Development Code that is determined by the Director to need refinement or revision will be corrected by amending this Development Code in compliance with the provisions in Article V, Chapter 22.70 as soon as is practical. Until an amendment can occur, the Director will maintain a complete record of all official interpretations as an appendix to this Development Code, and indexed by the number of the Chapter or Section that is the subject of the interpretation. D. Referral of interpretation. The Director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Development Code directly to the Commission for consideration. E. Appeals. Any interpretation of this Development Code by the Director may be appealed to the Commission as provided by Chapter 22.74 (Appeals). The Commission's decision shall be final. Diamond Bar Development Code July 21,1998 Article I -Purpose and Applicability I-15 ARTICLE II Zoning Districts and Allowable Land Uses Chapter 22.06 -Establishment of Zoning Districts, Adoption of Zoning Map ...... II-3 22.06.010 - Purpose of Chapter.. II-3 22.06.020 - Zoning Districts Established ..................................... II-3 22.06.030 - Zoning Map Adopted ........................................... II-5 22.06.040 - Zoning District Regulations ...................................... II-5 22.08.010 - Purpose of Chapter ............................................. II-8 22.08.020 - Purposes of Residential Zoning Districts .......................... H-8 22.08.030 - Residential Zoning District Land Uses and Permit Requirements ..... II-9 22.08.040 - Residential Zoning District General Development Standards ........ II42 22.08.050 - Minimum Lot Area ........................................... 0 II43 Chapter 22.10 - CommerciallIndustrial Zoning Districts ........................ II-15 99.10.010 - Purpose of Chapter ........................................... 0 II45 22.10.020 - Purposes of Commercial/Industrial Zoning Districts ............... IIA5 22.10.030 - Commercial/Industrial District Land Uses and Permit Requirements II46 22.10.040 - Commercial/Industrial District General Development Standards .:.. H-23 99.10.050 - Industrial District Performance Standards ....................... 6 II-27 Chapter 22.12 -Special Purpose Zoning Districts .............................. II-29 22.12.010 -Purpose of Chapter ............................................ II-29 99.12.020 - Purposes of Special Purpose Zoning Districts ..................... II-29 99.12.030 - Special Purpose District Land Uses and Permit Requirements ....... II-30 22.12.040 - Special Purpose District General Development Standards. II-32 Chapter 22.14 -Overlay Zoning Districts ..................................... II-35 22.14.010 -Purpose of Chapter ............................................ II-35 22.14.020 - Purpose and Applicability of Districts ............................ II-35 99.14.030 - Planned Development (-PD) Overlay District ..................... II-35 Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-1 Contents Diamond Bar Development Code July 21,1998 Article II -Zoning Districts CHAPTER 22.06 = ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP Sections: 22.06.010 -Purpose of Chapter 22.06.020 - Zoning Districts Established 22.06.030 - Zoning Maps Adopted 22.06.040 - Zoning District Regulations 22.06.010 -Purpose of Chapter This Chapter establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and provides general permit requirements for development and new land uses. 22.06.020 -Zoning Districts Established Diamond Bar shall be divided into zoning districts which implement the General Plan. The zoni ng districts shown in Table 2A are established, and shall be shown on the official Zoning Map (Section 99.06.030). Diamond Bar Development Code July 21,1998 Article II -Zoning Districts Establishment of Zoning Districts 22.06 TABLE 2-1 ZONING DISTRICTS Residential Zonine Districts RR Rural Residential Rural Residential RL Low Density Residential Low Density Residential RLM Low/Medium Density Residential Low -Medium Density Residential RM Medium Density Residential Medium Density Residential RMH Medium/High Density Residential Medium -High Density Residential RH High Density Residential High Density Residential Commercial/Industrial Zonine Districts OP Office, Professional Professional Office OB Office, Business Professional Office CO Commercial Office Commercial Office C-1 Neighborhood Commercial General Commercial G2 Community Commercial General Commercial &3 Regional Commercial General Commercial I Light Industry Light Industrial Special Purpose Zoning Districts AG Agricultural Agriculture OS Open Space /conservation en Space REC Recreation Golf Course Park Private Recreation SP Specific Plan Planning Area Specific Plan Overlay Overlay Districts PD I Planned Development All Notes: (1) The General Plan designations for Public Facilities, Water, and School are implemented by all Zoning districts. Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-4 Establishment of Zoning Districts 22.06 22.06.030 - Zoning Map Adopted The Council hereby adopts the City of Diamond Bar Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. A. Inclusion by reference. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, has been adopted by the Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Development Code by reference as though it were fully included here. B. Zoning district boundaries. The boundaries of the zoning districts established by Section 29.06.020 (Zoning Districts Established) shall be shown upon the Zoning Map. C. Relationship to General Plan. The Zoning Map shall implement the General Plan, specifically including the Land Use Map. D. Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter 99.70 (General Plan, Development Code, and Zoning Map Amendments). E. Zoning Map interpretation. The Zoning Map shall be interpreted in compliance with Section 22.04.020.G (Rules of Interpretation - Zoning Map Boundaries). 22.06.040 -Zoning District Regulations A. Purpose. Chapters 22.08 through 22.14 determine which land uses are allowed in each zoning district established by Section 99.06.020 (Zoning Districts Established), what land use entitlement is required to establish each use, and the basic development standards that apply to allowed land uses in each zoning district. B. Zoning Consistency Matrix. Subsequent to the adoption of this Development Code, the City of Diamond Bar's Zoning Map shall be revised to reflect consistency with the General Plan Land Use Map. In the interim period, until the revised map is adopted by the Council, the Zoning Consistency Matrix (Table 2-2) is adopted applying equivalent Development Code Standards to the City's existing zoning districts. C. Determination of allowable land uses and permit requirements. The uses of land allowed by this Development Code in each zoning district are identified in Tables 2-3, 2-5, 2-6 and 2-8 of this Chapter as being: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Zoning Clearance (Chapter 22.46), and any Building Permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a Minor Conditional Use Permit (Chapter 22.56), and shown as "MUP" uses in the tables; Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-5 Establishment of Zoning Districts 22.06 3. Allowed subject to the approval of a Conditional Use Permit (Chapter 22.58), and shown as "CUP" uses in the tables; Land uses that are not listed in the tables or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 22.04.020.H (Rules of Interpretation - Allowable Uses of Land), or Section 22.02.030 (Exemptions from Development and Land Use Approval Requirements). C. Standards for parcels with multiple zoning districts. The following standards apply to the proposed development or subdivision of parcels that are or may be designated with more than one zoning district. 1. Existing parcel in multiple zoning districts. Where an existing parcel is zoned in two or more zoning districts, each portion of the parcel in a separate district shall be developed/used in compliance with the requirements of the applicable district. 2. Parcels proposed for consolidation. Where a Lot Line Adjustment or Tentative Map application proposes the consolidation of two or more parcels, so that a single parcel would be covered by two or more zoning districts, the application for adjustment or map approval shall be accompanied by an application for rezoning the lot into a single zoning district, in compliance with Chapter 22.70 (General Plan, Development Code, and Zoning Map Amendments), D. Conflicts between provisions. Rules for resolving conflicts between different Development Code provisions may be found in Section 22.04.0201 (Rules of Interpretation - Conflicting Requirements), Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-6 Establishment of Zoning Districts 22.06 vulture (AG) i DU/AC TABLE 2-2 Zoning Consistency Matrix Light agriculture A-1 Heavy agriculture Agriculture (AG) Rural residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC RPD 20,000 R4 20,000 R-1 15,000 Low Density Residential (RL) R-i 10,000 Low Density Residential (RL) Max 3 DU/AC RPD 10,000 R-A 10,000 RA 9,000 R4 8,500 Low Medium Residential (RLM) Max 5 DU/AC 1 8,000 LM ow edium Residential (R LM) 'D 8,000 A 8,000 1 7,500 1 6,000 Medium Density Residential R-3 up to 12U Medium Density Residential (IN.LYI) ( ) 12 DU/AC Medium High Density R-3 up to 16U Medium High Density Residential (RMH)16 DU/AC Residential (RMH) High Density Residential (RH) R-3, R-3, to 20U High Density Residential (RH) 20 DU/AC General Commercial (C) Max 1.0 FAR Commercial Planned Development (CPD) Restricted Business Zone (C-1) Commercial Highway Zone (C-H) Commercial Recreation Zone (C-R) Commercial (C-1) General Commercial (C) Neighborhood Business Zone (C-2) Community Commercial (C-2) Max 1.0 FAR General Commercial (C) Unlimited Commercial Zone (C-3) Regional Commercial (C-3) Max 1.0 FAR Office Professional (OP) Commercial Manufacturing Zone (CM) Office Professional (OP) Max 1.0 FAR Light Industrial (1) Manufacturing -Industrial Planned Zone Light Industry (1) Max 1.0 FAR (MPD) 1) Open Space Manufacturing Zone (M-1) cted Heavy Manufacturing Zone Space Space/Conservation (OS) Diamond Bar Development Code July 21,1998 Article II -Zoning Districts CHAPTER 22X6 - RESIDENTIAL ZONING DISTRICTS Sections: 22.08.010 -Purpose of Chapter 22.08.020 on Purposes of Residential Zoning Districts 22.08.030 - Residential Zoning District Land Uses and Permit Requirements 22.08.040 - Residential Zoning District General Development Standards 22.08.050 - Minimum Lot Area 22.08.010 -Purpose of Chapter This Chapter provides regulations for development and new land uses in the residential zoning districts established by Section 22.06.020 (Zoning Districts Established). 22.08.020 -Purposes of Residential Zoning Districts The purposes of the individual residential zoning districts and the manner in which they are applied are as follows. A. RR (Rural Residential) District. The RR zoning district identifies hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. The maximum allowed density for new residential subdivisions within this zoning district will be one dwelling unit per gross acre, or lower densities where required by Chapter 22.22 (Hillside Management). The RR zoning district is consistent with the Rural Residential land use category of the General Plan. B. RL (Low Density Residential) District. The RL zoning district is intended primarily for parcels developed with existing detached single-family dwellings. The maximum allowed density for new residential subdivisions within this zoning district will be three dwellings per gross acre. The RL zoning district is consistent with the Low Density Residential land use category of the General Plan. C. RLM (Low/Medium Density Residential) District. The RLM zoning district is intended primarily for existing subdivided areas developed with detached single-family dwellings. The maximum allowed density for new residential subdivisions within this zoning district will be five dwellings per gross acre. The RLM zoning district is consistent with the Low Density Residential land use category of the General Plan. D. RM (Medium Density Residential) District. The RM zoning district is intended for areas developed with existing planned townhome, condominium, apartment, mobile home, and other multi -family residential projects. The maximum allowed density for new residential projects within this zoning district will be 12 dwellings per gross acre. Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-8 Residential Zoning Districts 22.08 The RM zoning district is consistent with the Medium Density Residential land use category of the General Plan. E. RMH (Medium/High Density Residential) District. The RMH zoning district is intended for areas of existing and planned townhome, condominium, apartment, other multifamily residential projects, and mobile home parks. The maximum allowed density for new residential projects within this zoning district will be 16 dwellings per gross acre. The RMH zoning district is consistent with the Medium High Density Residential land use category of the General Plan. F. RH (High Density Residential) District. The RH zoning district is intended for areas of existing and proposed high density condominium and apartment projects, other high density residential projects, and mobile home parks. The maximum allowed density for new residential projects within this zoning district will be 20 dwellings per gross acre. The RH zoning district is consistent with the High Density Residential land use category of the General Plan. 22.08.030 -Residential Zoning District Land Uses and Permit Requirements Table 2-3 identifies the uses of land allowed by this Development Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 22.06.040.0 (Zoning District Regulations), Note: Where the last column in the tables ("See Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply. Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-9 Residential Zoning Districts 22.08 TABLE 2-3 ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS See standards RR RT, RT.M RM RUM RH ;,, Cor+;n.,• Animal keeping p I P 229426030 RECREATION, EDUCATION &PUBLIC ASSEMBLY RR RL RLM RM RMH RH USES See standards in Section: Equestrian facilities CUP Cultural facilities, libraries and museums CUP CUP CUP CUP CUP CUP Parks and playgrounds P P P P P P Private residential recreational facilities CUP CUP CUP CUP CUP CUP Religious places of worship CUP I CUP CUP CUP CUP CUP Schools - public and private I cup CUP CUP I CUP I CUP I CUP RESIDENTIAL USES See standards RR RL RT.M RM RMH RN ;n Cor#;nn. Duplexes p p p Home occupations P P P P P P 22.42.070 Manufactured housing units P P P P P P Mobile home parks CUP CUP CUP CUP CUP CUP Multi -family dwellings P p p Residential accessory uses and structures P P P P P P 22.42.110 Residential care homes, 6 or fewer clients P P P P P P Residential care homes, 7 or more clients CUP CUP CUP Secondary residential units P P P P P P 22.42.120 Senior citizen housing P P P P P P Single-familySingle4arnily dwellings P P P P P P SERVICE USES See standards RR RT. RT.M RM RMH RT-T ;., cor►;.,... Adult day care facilities CUP CUP CUP Bed and breakfast inns, 3 rooms maximum CUP CUP CUP Child day care centers CUP CUP CUP 22.42.040 Child day care, large family day care homes CUP CUP CUP CUP CUP CUP 22642.040 Child day care, small family day care homes P P P P P P 22.42.040 Public utility or safety facilities P I P I P P P P KEY TO PERMIT REQUIREMENTS Continued on next page Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-10 Residential Zoning Districts 22.08 TABLE 2-3 ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS (Continued) LAI�ID USE (1) F'EItMI1 ::REQUIREMENT. See standards TRANSPORTATION & COMMUNICATIONS USES RR RL RLM RM RMH RH in Section: Transit stations and terminals CUP CUP CUP CUP CUP CUP Utility lines P P P P P P KEY TO PERMIT P Permitted use, Zoning Clearance r aired. (2) 22.46 MUP Conditional use, Minor Conditional Use Permit required. (2) 22.56 CUP Conditional use, Conditional Use Permit required. (2) 22.58 Use not allowed. (See Section 22.04.020.H reQardinz uses not listed.) Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. Diamond Bar Development Code July 21,1998 Article II -Zoning Districts II-11 Residential Zoning Districts 22.08.040 - Residential Zoning District General Development Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 24, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). TABLE 2-4 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Minimum lot area Residential density (2) 1 acre 1 single-family unit per lot. ft. 1 single-family unit per lot; 3 per gross acre. 8,000 sq. ft. 1 single-family unit per lot; 5 per gross acre. Setbacks required Minimum setbacks required for structures. See Section 22.16.090 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. See Section 22.22.080.B.6 for setback measurement in hillside areas. Front (3) 30 ft. 20 ft. 20 ft. Sides (each) 15 ft. on one side, and 10 ft. on one side, and 5 ft. on the other; but not less 10 ft. on the other; but [than 15 ft. between structures on adjoining parcels. not less than 25 ft. between structures on adjoining parcels. Street side 15 ft., reversed corner 10 ft., reversed comer 10 ft., reversed comer lot; 10 ft. otherwise. lot; 5 ft. otherwise. lot; 5 ft. otherwise. Rear 20 ft. 15 ft. 15 ft. limit 35 ft. Hillside development � As required by Chapter 22.22 As Continued on next page As required by Chapter 22.24 22.30 (Parking and Diamond Bar Development Code Article II -Zoning Districts July 21, 1998 II-12 Residential Zoning Districts 22.08 TABLE 2-4 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued) Minimum lot area (1) 51000 s . ft. Residential density 12 dwellings per gross 16 dwellings per gross 20 dwellings per gross acre acre acre Setbacks required Minimum setbacks required for structures. See 22.16.090 for setback measurement, allowed pro'ections into setbacks, and exceptions to setbacks. Front (3) 20 ft. 20 ft. 20 ft. Sides (each) 5 ft. 5 ft. 5 ft.; plus 1 ft. for each story over 2. Street side 10 ft., reversed corner 7.5 ft., reversed corner 7.5 ft., reversed corner lot; 5 ft. otherwise lot; 5 ft. otherwise lot; 5 ft. otherwise Rear 15 ft. 15 ft. 15 ft. Height limit (4) 35 ft. Hillside development As required by Chapter 22.22 (Hillside Management). Landscaping As required by Chapter 22.24 (Landscaping Standards). Parking As required by Chapter 22.30 (Off -Parking and Loading). Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by Section 22.08.050 (Minimum Lot Area), and Chapter 22.22 (Hillside Management). Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter. (2) Maximum number of dwellings allowed for each specified unit of land. The approval of a Conditional Use Permit within areas subject to Section 22.22.040 (Hillside Management - Density) may result in fewer dwelling units being allowed than the maximum density shown. See also Chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses. (3) Front setbacks listed are minimums. For single-family detached tract development, a minimum 540ot setback variation for adjacent residential units is required. (4) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height Limit Exceptions). 22.08.050 -Minimum Lot Area The minimum area for each parcel proposed in a subdivision, and the maximum density of residential development, is determined by Section 22.08.040 (Residential Zoning District General Development Standards). Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-13 Residential Zoning Districts 22.08 Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-14 CHAPTER 22.10 = COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Sections: 22.10.010 -Purpose of Chapter 22.10.020 - Purposes of Commercial and Industrial Zoning Districts 22.10.030 - Commercial/Industrial District Land Uses and Permit Requirements 12.10.040 - Commercial/Industrial District General Development Standards 22.10.010 -Purpose of Chapter This Chapter provides regulations for development and new land uses in the commercial and industrial zoning districts established by Section 22.06.020 (Zoning Districts Established). 22.10.020 -Purposes of Commercial/Industrial Zoning Districts The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows. A. OP (Office, Professional) District. The OP zoning district is intended for areas appropriate for office -based working environments for general, professional, and administrative offices, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OP zoning district is consistent with the Professional Office land use category of the General Plan. (Office, Business Park) District. The OB zoning district is intended for areas appropriate for larger scale, headquarters -type office facilities and business park developments, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OB zoning district is consistent with the Professional Office land use category of the General Plan. C. CO (Commercial Office) District. The CO zoning district is intended for areas appropriate for a diverse mix of office, retail, and service -related uses, with office -type facilities being the primary uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The CO zoning district is consistent with the Commercial Office land use category of the General Plan. D. C4 (Neighborhood Commercial) District. The C-1 zoning district is applied to areas appropriate for retail sales, offices, and services serving the daily needs of nearby residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C4 zoning district is consistent with the General Commercial land use category of the General Plan. E. C-2 (Community Commercial) District. The C-2 zoning district is applied to areas appropriate for a wide range of retail shopping and service uses, primarily intended to serve the needs of Diamond Bar residents. The allowable floor area ratio for Diamond Bar Development Code Article II - Zoning Districts July 21,1998 II-15 Commercial/Industrial Zoning Districts 22.10 nonresidential development shall be from 0.25 to 1.00. The C-2 zoning district is consistent with the General Commercial land use category of the General Plan. (Regional Commercial) District, The C-3 zoning district is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-3 zoning district is consistent with the General Commercial land use category of the General Plan. G. I (Light Industry) District. The I zoning district is applied to areas appropriate for light industrial/manufacturing uses including research and development, office -based industrial uses in an "industrial park" setting, business support services, and commercial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The I zoning district is consistent with the Light Industrial land use category of the General Plan. 22.10.030 - Commercial/Industrial District Land Uses and Permit Requirements Tables 2-5 and 2-6 identify the uses of land allowed by this Development Code in the commercial and industrial zoning districts, and the land use permit required to establish each use, in compliance with Section 22.06.040 (Zoning District Regulations). Note: Where the last column in the tables ("See Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply. Diamond Bar Development Code Article II -Zoning Districts July 21, 1998 II-16 Commercial/Industrial Zoning Districts 22.10 TABLE 2-5 = ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS MANUFACTURING &PROCESSING See standards OP OBM CO in Section: Electronics appliance, and equipment manufacturing CUP 4 Handcraft industries CUP(4) Media production P Paper product manufacturing CUP(4) Research and development I CUP See standards RECREATION, EDUCATION & PUBLIC ASSEMBLY USES OP OB CO in Section: Clubs, lodges, and private meeting halls P P P Community/cultural centers P P P Cultural facilities, libraries and museums P P P Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP CUP CUP Schools - Public and private P P P Studios - Art, dance, music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP CUP CUP RETAIL TRADE USES See standards OP OB CO in Section: Alcoholic beverage sales -Off-site (5) P P P Alcoholic beverage sales - On -site MUP MUP MUP Art, antique, collectable, and gift sales P Bars and night clubs CUP Convenience stores P General retail stores P Petsho s P Restaurants P P P P Permitted use, Zoning Clearance MUP Conditional use, Minor Condition CUP Conditional use, Conditional Use. Use not allowed. (See Section 22.0 Notes: (1) See Article VI for definitions of each of tt (2) See Chapter 22.48 for Development Revi( (3) Additional uses allowed within the Gatei Corporate Center Design Guidelines. (4) Use allowed only when accessory to an o (5) Shall be a minimum of 150' from any schc Continued on next page Diamond Bar Development Code July 21,1998 Districts II-17 Commercial/Industrial Zoning Districts 22.10 TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS (Continued) SERVICE USES See standards OP OB Cn in Rodin"• Adult day care facilities Automated teller machines (ATMs) P p p Banks and financial services p p p Business support services p p p Car wash, fully automated and accessory to service station only CUP CUP CUP Child day-care centers CUP CUP CUP 22.42.040 Hotels and motels P p Medical services - Clinics and laboratories CUP P P Medical services - Hospitals CUP CUP CUP Offices - administrative/business P p p Offices - production p p p Offices - professional p p p Personal services p p p Public utility or safety facilities P p p Service stations P P P See standards '�' •� •ulu l� •♦ Heliports � CUP Utility lines p p p Telecommunications facilities 3 22.42,130 KEY TO PERMIT P Permitted use, Zonin Clearance re aired. (2) 22,46 MUP Conditional use, Minor Conditional Use Permit re aired. (2) 22.56 CUP Conditional use, Conditional Use Permit required. (2) 2238 Use not allowed. (See Section 22.04.020.H reQardinQ uses not listed.) Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. (3) Telecommunications facilities shall be permitted pursuant to the standards contained within Ordinance No. 4-A(1997), Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-18 Commercial/Industrial Zoning Districts 22.10 TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIALANDUSTRIAL ZONING DISTRICTS MANUFACTURING &PROCESSING See standards C-1 C-2 C-3 I in Section: Chemical product manufacturing CUP Electronics, appliance, and equipment manufacturing P Fabric product manufacturing P Food and beverage manufacturing( P Furniture and fixtures manufacturing, cabinet shops P Glass product manufacturing P Handcraft industries P Laundries and dry cleaning plants I CUP Lumber and wood product manufacturing P Metal products fabrication, machine/welding shops P Paper product manufacturingP Plastics and rubber product manufacturing P Printing and publishing P Recycling - Reverse vending machines P P P Recycling - Small collection facility P P P Research and development (R&D) P Small scale manufacturing P Warehousing, wholesaling and distribution i P KEY TO PERMIT REQUIREMENTS Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. Continued on next page Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-19 Commercial/Industrial Zoning Districts 22.10 TABLE 2-6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued) See standards RECREATION, EDUCATION & PUBLIC ASSEMBLY C=1 C-2 C-3 I in Section: USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/ cultural centers CUP Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP Schools - Public and private P P Schools - Specialized education and training P P P P Studios - Art, dance, music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls CUP CUP KEY TO PERMTT P Permitted u MUP Conditional Clearance Minor Use Permit 22.46 22.56 CUP Conditional use, Conditional Use Permit re uired. (2) 22,5g Use not allowed. (See Section 22.04.020.H regarding uses not listed.) Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. Continued on next page Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-20 Commercial/Industrial Zoning Districts 22.10 TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued) T Wi � D USE (1) PERMJ i 1tEQIJiREMEi T.BY DTSTRIC T RETAIL TRADE USES See standazds C-1 C-2 C-3 I in Section: Alcoholic beverage sales, off -site (3) P P P Alcoholic beverage sales, on -site MUP MUP MUP Art, antique, collectable, and gift sales P P P Auto and vehicle sales/rental CUP Auto parts sales P P Auto sales, indoor on P Bakery, retail P P P Bars and night clubs CUP CUP CUP Building material stores P Certified farmers market P Convenience stores P P P P Drive-in and drive -through sales CUP I CUP CUP Fueling stations, gasoline, diesel, and electric only P P P P Furniture, furnishings, and appliance stores P P General retail stores P P P Grocery stores P P Mobile home and recreational vehicle sales P Outdoor retail sales and activities P P 22.42.080 Petsho s pp P Plant nurseries and garden supply stores P P Restaurants P P P Restaurants with outdoor dining MUP MUP MUP Second hand stores P P Shopping center CUP CUP Warehouse retail stores CUP KEY TO PERMIT REQUIREMENTS Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. (3) Shall be a minimum of 150' from any school. Continued on next page Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-21 Commercial/Industrial Zoning Districts 99W10 TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued) LAND U3E ' (1j PERM T REQUIREMENT SY ,DISTRICT` SERVICE USES See standards C-1 C-2 C-3 I in Sectinno Ambulance services P P P Automated teller machines (ATMs) P P P Banks and financial services P P P Bed and breakfast inns CUP CUP Business support services P P P Car wash CUP CUP Child day care centers CUP CUP CUP 22.42.040 Drive-in and driveAhrough services CUP CUP CUP 22.42.050 Equipment rental (construction equipment, etc.) CUP CUP CUP Hotels and motels P P P Medical services - Clinics and labs P P P Medical services - Hospitals CUP CUP CUP Offices - accessory to primary use P P P Offices - business and professional P P P Personal services P P P Psychic readers CUP CUP Public safety facilities P P P P Public utility facilities P P P P Repair services P Service stations P P P P Storage, outdoor P P 22.42.090 Storage, indoor P P Vehicle services - Maintenance/minor repair P P P Vehicle services" Major repair/body work CUP P Veterinary clinics and animal hospitals CUP P See standards TRANSPORTATION &COMMUNICATIONS USES C-1 C-2 C-3 I in Section: Heliports CUP Parking facilities/vehicle storage CUP CUP Utility lines P P P P Telecommunications facilities (3) 22A1130 Transit stations and terminals P Vehicle and freight terminals CUP CUP P � Permitted use, Zoning Clearance required. (2) 22.46 MUP Conditional use, Minor Use Permit required. (2) 22.56 CUP Conditional use, Conditional Use Permit required. (2) 22.58 Use not allowed. (See Section 22.04.020.H regarding uses not listed. Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22,48 for Development Review requirements for all uses. (3) Telecommunications facilities shall be permitted pursuant to the standards contained within Ordinance No. 4-A (1997) Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-22 Commercial/Industrial Zoning Districts 22.10 22.10.040 - CommercialAndustrial District General Development Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-23 Commercial/Industrial Zoning Districts 22.10 Floor Area Ratio (FAR) TABLE 2-7 COMMERCIALANDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS 0.25 to 1.00 Height limit (3)to 8 stories 35 ft. Landscaping As required by Chapter 22.24 (Landsca in ). Outdoor activities None allowed None allowed See Section 22.42.090 Parking and loading As required by Chapter 22.30 (Parking and Loading). Signs As required by Chapter 22.36 (Signs). IV otes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by Section 22.08.050 (Minimum Lot Area). Commercial condominium or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter: (2) A project may be granted FAR above the minimum, up to the maximum shown, at the discretion of the review authority based on amenities provided by the project as provided in Section 22.16.070. (Open Space for Commercial Projects). (3) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height Limit Exceptions). (4) Projects located within the Gateway Corporation Center are subject to any additional development standards contained with the Gateway Corporate Center Design Guidelines. Continued on next page Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-24 Commercial/Industrial Zoning Districts 22.10 TABLE 2-7 COMMERCIAVINDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued) Minimum lot area Setbacks required I Minimum setbacks required for structures. See Section 22.16.090 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. See Chapter 22.30 for parking setbacks. Front 110 ft. landscaped setback; or equal to the front setback required for a residential zone abutting the site. Sides (each) � 10 ft. where the site abuts a residential district; none otherwise. Street side 110 ft.; or equal to the front setback required for a residential zone abutting the site. Rear I 10 ft. where the site abuts a residential district; none otherwise. Floor Area Ratio (FAR) I 0.25 to 1.00 0 22.24 Outdoor activities All sales, displays and storage shall be conducted within an enclosed building, unless outdoor activities are approved in compliance with Section 22.42.080 (Outdoor Disvlav and Sales). Parking and loading ( As required by Chapter 22.30 (Parking and As required by Chapter 22.36 Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by Section 22.08.050 (Minimum Lot Area). Commercial condominium or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter. (2) A project may be granted FAR above the minimum, up to the maximum shown, at the discretion of the review authority based on amenities provided by the project as provided in Section 22.16.070 (Open Space for Commercial Projects). (3) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height Limit Exceptions). Diamond Bar Development Code July 21,1998 Article II -Zoning Districts II-25 Commercial/Industrial Zoning Districts 22.10 TABLE 2-7 COMMERCIAUINDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued) Minimum lot area Setbacks required Minimum setbacks required for structures. See Section 22.16.090 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. See Chapter 22.30 for parking setbacks. Front 110 ft. landscaped setback; or equal to the front setback required for a residential zone abuttine the site. Sides (each) � _ 10 ft. where the site abuts a residential district; none otherwise. Street side 110 ft.; or equal to the street side setback required for a residential zone abuttine the site. Rear � 10 ft. where. the site abuts a residential district; none otherwise. Floor Area Ratio (FAR) � 0.25 to 1.00 I imit 0 22.24 Outdoor activities All sales, displays and storage shall be conducted within an enclosed building, unless outdoor activities are approved in compliance with Section 22.42.080 (Outdoor Displav and Sales), and loading.. � As required by Chapter 22.30 (Parking and As required by Chapter 22.36 Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by Section 22.08.050 (Minimum Lot Area). Commercial condominium or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter. (2) A project may be granted FAR above the minimum, up to the maximum shown, at the discretion of the review authority based on amenities provided by the project as provided in Section 22.16.070, (Open Space for Commercial Projects). (3) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height Limit Exceptions), Diamond Bar Development Code Article II -Zoning Districts July 2111998 II-26 Commercial/Industrial Zoning Districts 22.10 22.10.050 - Industrial District Performance Standards All land uses proposed in the I (Light Industry) zoning district shall be operated and maintained so as to not be injurious to public health, safety or welfare, and shall comply with the following standards. A. Air contaminants. Every use shall comply with rules, regulations and standards %J the South Coast Air Quality management District (SCAQMD). An application for a use, activity or process requiring SCAQMD approval to construct or operate must file a copy of the permit with the Director, prior permit issuance or commencing the activity. B. Glare and heat. No direct or sky -reflected glare or heat, whether from floodlights or from high temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line. C. Ground vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations. D. Hazardous materials. All development shall meet the requirements of the County's urban stormwater discharge permit. E. Noise. No approved land use shall generate noise levels that exceed the standards and regulations of the Noise Control Ordinance. F. Odor. No approved land use shall generate or emit any obnoxious odor or fumes perceptible at the property line. Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-27 Commercial/Industrial Zoning Districts 22.10 Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-28 CHAPTER 22A - SPECIAL PURPOSE ZONING DISTRICTS Sections: 22.12.010 -Purpose of Chapter 22.12.020 - Purposes of Special Purpose Zoning Districts 22.12.030 - Special Purpose District Land Uses and Permit Requirements 22.12.040 - Special Purpose District General Development Standards 22.12.010 -Purpose of Chapter This Chapter provides regulations for development and new land uses in the special purpose zoning districts established by Section 22.06.020 (Zoning Districts Established). 22.12.020 -Purposes of Special Purpose Zoning Districts The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows. (Agricultural) District. The AG zoning district is intended for application to areas upon annexation to the City, where low density residential uses, agricultural and compatible open space uses, and public facility and recreation uses are desired. The maximum allowed density for new single-family residential development is one dwelling per five gross acres. The AG zoning district is consistent with the Agricultural land use category of the General Plan. B. OS (Open Space/Conservation) District. The OS zoning district is applied to areas of the City with open space resources, including scenic qualities, sensitive environmental features including wildlife habitat, and/or natural hazards. The district may also be applied to sites that have been restricted to open space by map restriction, deed (dedication, or condition, covenant and/or restriction), or by an open space easement in compliance with Government Code Sections 51070 et seq. and 64499 et seq. The maximum allowed density for new residential development within this zoning district will be one dwelling unit per parcel, unless construction was previously restricted or prohibited by Los Angeles County. The OS zoning district is consistent with the Open Space land use category of the General Plan. C. REC (Recreation) District. The REC zoning district is applied to areas appropriate for active and passive recreational uses including golf courses, public parks, and private, primarily outdoor, recreation facilities. The REC zoning district is consistent with the Golf Course, Park, and Private Recreation land use categories of the General Plan. D. SP (Specific Plan) District. The SP zoning district is applied to specific subareas identified in the General Plan as Planning Areas (PA), where site characteristics require Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-29 Special Purpose Zoning Districts 22.12 careful and creative design to integrate proposed development with existing natural resources. The type, amount, and mixture of land uses allowed within the SP district shall be determined through the Specific Plan process. The SP zoning district is consistent with the Planning Areas and Specific Plan Overlay land use categories of the General Plan. 22.12.030 -Special Purpose District Land Uses and Permit Requirements A. General requirements. Table 2-8 identifies the uses of land allowed by this Development Code in each special purpose zoning district, and the land use permit required to establish each use, in compliance with Section 22.06.040 (Zoning District Regulations). Note: Where the last column in the tables ("See Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply. B. Requirements for the SP (Specific Plan) District. Allowable land uses and permit requirements for the SP zoning district shall be determined by the Council through the approval of a Specific Plan, in compliance with Chapter 99.60 (Specific Plans). Diamond Bar Development Code Article II -Zoning Districts July 21, 1998 II-30 Special Purpose Zoning Districts 22.12 TABLE 2-8- ALLOWED USES AND PERMIT REQUIREMENTS FOR SPECIAL PURPOSE ZONING DISTRICTS AC:RTC'TTT.TTTRAi. USES See standards AG OS REC in Section: Crop production and grazing P See standards RFc'RFATTON_ EDUCATION. PUBLIC ASSEMBLY USES AG OS REC in Section: Cultural facilities, libraries and museums P P Equestrian facilities CUP P Outdoor recreation CUP P Parks, playgrounds and public recreation facilities CUP P Recreational vehicle park P Religious places of worship CUP CUP Schools - Colleges and universities P P Schools - Public and private P P RFCTiIFNTTAT. TTSF.R See standards AG OS REC in Section: Home occupations P P 22.42.070 Residential accessory uses and structures P P 22.42.110 Single4amily dwellings P P CFRVTf F TTCFC See standards AG OS REC in Section: Public utili or safe facilities � P P TRANSPORTATION &COMMUNICATIONS USES See standards AG OS REC irT Section: Utility lines P P Telecommunications facilities 3 22.429130 Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. (3) Telecommunications facilities shall be permitted pursuant to the standards contained within Ordinance No. 41(1997). Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-31 Special Purpose Zoning Districts 2112 22.12.040 - Special Purpose District General Development Standards A. General development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table M, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in .Article III (Site Planning and General Development Standards). B. SP (Specific Plan) district development standards. Standards for development and new land uses within the SP (Specific Plan) zoning district shall be determined by the applicable Specific Plan. Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-32 Special Purpose Zoning Districts 22.12 TABLE 2-9 SPECIAL PURPOSE DISTRICT GENERAL DEVELOPMENT STANDARDS Minimum lot area (1) I None required I 5 acres I Determined through review of park or recreational use. Residential density (2) Setbacks required Front Sides (each) Street side Rear Height limit (3) 1 single-family unit per existing parcel, and one secondary residential unit per Section 22.42.120 except where construction was previously restricted or prohibited by the County of Los Angeles 1 single-family unit per 5 acres and one secondary residential unit per Section 22.42.120 except where construction was previously restricted or prohibited by the County of Los Angeles None allowed Determined by Development Review process. As reauired by Chapter 22.24 As reauired by Chanter 22.30 (Parkine and As required by Chapter 22.36 Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by Section 22.08.050 (Minimum Lot Area), and Chapter 22.22 (Hillside Management). For Open Space/Conservation district, no minimum lot area required, unless construction was previously restricted or prohibited on such properties by the County of Los Angeles. (2) Maximum number of dwellings allowed for each specified unit of land. The approval of a Minor Use Permit or Conditional Use Permit may result in fewer dwelling units being allowed than the maximum density shown. See also Chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses. (3) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height Limit Exceptions). Diamond Bar Development Code July 21,1998 Article II -Zoning Districts Special Purpose Zoning Districts 22.12 Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II"a% CHAPTER 22.14 - OVERLAY ZONING DISTRICTS Sections: 22.14.010 -Purpose of Chapter 22.14.020 - Purpose and Applicability of Districts 22.14.030 - Planned Development (-PD) Overlay District 22.14.010 -Purpose of Chapter This Chapter provides regulations for development and new land uses in the overlay zoning districts established by Section 22.06.020 (Zoning Districts Established). 22.14.020 -Purpose and Applicability of Districts A. Purpose. The overlay zoning districts established by this Chapter provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or compatibility issues require particular attention in project planning. B. Applicability. The applicability of any overlay zoning district to specific sites is shown by the overlay Zoning Map symbol established by Section 22.06.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, RL-PD). The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Development Code. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Development Code, this Chapter shall control. 22.14.030 -Planned Development (-PD) Overlay District A. Purpose. Consistent with the General Plan Vision Statement, the -PD overlay zoning district provides for maximum flexibility in the site planning and design of residential, commercial, industrial/manufacturing and mixed use projects to encourage superior land use by means such as open space and public amenities. The -PD overlay district may be applied to areas where site characteristics and environmental resources, adjacent land uses, or other community conditions may be benefitted by site -specific planning or the design of structures that would not otherwise be allowed in the primary zoning district. B. Applicability. The -PD overlay zoning district may be combined with any residential, commercial/industrial, or special purpose zoning district established by Section 22.06.020 (Zoning Districts Established). Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-35 Overlay Zoning Districts 22.14 C. Allowed land uses. Any land use normally allowed in the primary zoning district may be allowed within the -PD overlay zoning district, except when the ordinance rezoning a site to the -PD overlay includes specific limitations on allowable land uses. D. Permit requirements. Conditional Use Permit approval (Chapter ".581shall be required for all development proposed on a site subject to the -PD overlay district. Changes of use in existing structures shall be subject to the land use permit requirements established by the primary zoning district. E. Development standards. Approval of a Conditional Use Permit within the -PD overlay zoning district may include specific modifications to any of the City's development standards normally required by this Article or Article III (Site Planning and General Development Standards) including. minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping, or off-street parking. Proposed development and new land uses within the -PD overlay shall comply with all other applicable provisions of this Development Code. Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-36 Overlay Zoning Districts 22.14 Diamond Bar Development Code Article II -Zoning Districts July 21,1998 II-37 ARTICLE III Site Planning and General Development Standards Chapter 22.16 -General Property Development and Use Standards .......... III-5 22016.010 - Purpose and Applicability ................................... III-5 22.16.020- Access ..................................................... III-5 22.16.030 - Air Emissions .............................................. III-6 22.16.040 - Environmental Resource Protection ........................... III-7 22.16.050 - Exterior Lighting ............................................ III-7 22.16.060 - Height Measurement and Height Limit Exceptions .............. III-8 22.16.070 - Open Space for Commercial Projects ........................... III-9 22.16.080 NO, Screening and Buffering .................................... III-10 22.16.090 - Setback Regulations and Exceptions ......................... a III42 22.166100 - Solid Waste/Recyclable Materials Storage ..................... III-16 22.16.110 - Undergrounding of Utilities ................................ a III49 22.16.120- Vibrations ............ .....................................III-20 22.16.130- View Protection............................................III-20 Chapter 22.18 - Affordable Housing Incentives/Density Bonus Provisions ... III-23 22.18.010- Purpose. ..................................................III-23 22.18.020 on, Eligibility for Bonus and Incentives ........................... III-23 22.18.030 - Types of Bonuses and Incentives Allowed .................... 6 III-24 22.18.040 - Continued Availability .....................................III-24 22.18.050 - Location of Bonus Units .................................... 9 III-25 22.18.060 - Processing of Bonus Requests....or .....................:.... III-25 Chapter 22.20 -Fences, Hedges, and Walls ................................ III-27 22.20.010 -Purpose ...................................................III-27 22.209020 - Applicability .............................................. III-27 22.20.030 - General Height Limitations .................................. III-27 22.20.040 - Height Limitations for Retaining Walls ....................... III-28 22420.050 - Measurement of Fence or Wall Height ........................ III-28 22.20.060 - Walls Required Between Different Zoning Districts ............. III-28 22.20.070 - Special Wall and Fencing Requirements .....................:. III-29 22.20.080 on, Prohibited Fence Materials .................................. III-29 22.20.090 - Authority to Waive or Modify Requirements .................. III-29 Chapter 22.22 -Hillside Management .................................... III-31 22.22.010-Purpose ................................................... III-31 22.22.020,* Applicability .............................................. III-32 22.22.030 - Required Plans and Reports .......... Diamond Bar Development Code Article III -Site Planning July 21,1998 III-1 22.22.040- Density ...................................................III-34 22.22.050 - Hillside Development Standards and Guidelines ............... III-36 22.22.060 - Landform Grading and Revegetation Standards ................ III-36 22.22.070 - Slope Analysis ............................................. III-38 22.22.080 - Grading..................................................11140 22.22.090- Drainage ..................................................III-50 22.22.100 - Access, Trails, and Roadways ................................ III-52 22.22.110 - Site Design ................................................ III-56 22.22.120 - Architecture ............................................... III-57 22.22.130 - Fences and Landscziping.................................... III-60 22.22.140 - Fire Protection Standards ................................... III-63 22.22.150 - Evaluation of Conditional Use Permit Application ............. 0 III-64 22.24.010-Purpose .... ...............................................III-65 22.24.020 - Applicability .............................................. III-65 22.24.030 - Landscape Plan Requirements ...............................III-66 22.24.040 - Landscape Area Requirements ............................... III-66 22.24.050 - Landscape Standards ....................................... III-68 22.24.060 - Waiver or Modification of Requirements ...................... III40*70 22.26.010-Purpose ...................................................III-73 22.26.020 - Applicability .............................................. III-73 22.26.030 - Landscape Documentation .................................. I1l-74 22.26.040 - Elements of Landscape Documentation Package ...... pope ..... III-74 22.26.050 - Water Efficient Landscape Criteria ........................... III-77 22.26.060 - Existing Landscapes ........................................ III-78 22.26.070 be Public Education ........................................... III-79 Chapter 22.28 -Noise Control ........................................... III-81 22.28.010- Purpose ...................................................III-81 22.28.020 - Declaration of Policy ....................................... III-81 22.28.030 - Enforcement of Regulations ................................. III-81 22.28.040 - Initial Violations ........................................... III-81 22.28.050 be Activities Exempt from Regulations .......................... III-82 22.28.060 Or Decibel Measurement ....................................... III-82 22.28.070 - Noise Zones Designated .................................... III-83 22.28.080 - Exterior Noise Standards ....................................III-83 22.28.090 - Interior Noise Standards for Residential Uses .................. III-85 22.28.100 - Correction for Certain Types of Sounds ....................... III-86 22.28.110 "Measurement Methods ..................................... Ell-86 22.28.120 - Acts Deemed Violations of Chapter .......................... III-86 22.28.130 - Delay in Compliance ....................................... III-90 Chapter 22.30 -Off-Street Parking and Loading Standards ................. III-91 22.30.010 -Purpose .............. . ....................................III-91 22.30.020 - Applicability .............................................. III-91 22.30.030 be General Parking Regulations ................................III-91 22.30.040 - Number of Parking Spaces Required .......................... III-92 22.30.050 - Reduction of Off -Street Parking Requirements for Shared Use ..111400 22.30.060 - Disabled/Handicapped Parking Requirements ...............111400 22.30.070 - Development Standards for Off -Street Parking ................1111402 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-2 22.30.080 - Driveways and Site Access ................................. III409 22.30.090 - Bicycle Parking ...........................................III-111 22.306100 - Off -Street Loading Space Requirements ......................III-111 Chapter 22.32 we Planned Development Standards ......................... III415 22.32.010- Purpose ..... .............................................IIIA15 22.32.020 - Applicability ............................................. III-115 22.32.030 - Development Standards ................................... III415 Chapter 22.34 -Property Maintenance Standards ......................... III-117 22.34.010 - Purpose..* * 0 0 0 * 0 0 * a 0 0 6 * * 0 0 M 0 a * 6 * 0 0 0 0 a 0 a * 0 9 0 6 0 0 111417 22.34.020 - Applicability ............................................. III417 22.34.030 - Single-family Standards .................................... IIIA17 22.34.040 - Multi -family Standards .................................... IIIA18 22.34.050 - Commercial Standards ..................................... III-119 22.34.060- Industrial Standards ....................................... IIIA21 22.34.070 we, Abatement Procedures ............. owe .....................1II-122 Chapter 22.36 -Sign Standards ......................................... III-127 22.36.010- Purpose..................................................III427 22.36.020 on, Applicability ............................................. 111427 22.36.030 - General Provisions for All Signs ............................ IIIA28 22.36.040 - Sign Permits .............................................. III-130 22.36.050 - Exemptions From Sign Permits ............................. III-131 22.36.060 - Comprehensive Sign Program .............................. I11434 22.36.070 - Sign Design Guidelines .................................... III-135 22.36.080-Prohibited Signs ..........................................III-136 22.36.090 - Nonconforming Signs ..................................... III-137 22.36.100 - Abandoned Signs ......................................... I11438 22.36.110 - Inventory and Abatement of Illegal and Abandoned Signs ..... III-138 22.36.120 - Standards for Specific Types of Signs ........................ III-138 229360130 - Sign Standards by Zoning District ........................... III442 Chapter 22.38 -Tree Preservation and Protection ......................... III-149 22.38.010-Purpose .......0...0.40..00..94....6...4.0.4040.40...0...0III-149 22.38.020- Applicability.............................................III-149 22.38.030-Protected Trees........9.60449400.000004900...............IIM50 22.38.040 - Damaging Protected Trees Prohibited ....................... IIIA50 22.38.050 - Tree Removal Permit or Tree Pruning Permit Required ........111450 22.38.060-Exemptions..............................................IIIA50 22.38.070 - Tree Removal in Conjunction with a Discretionary Permit ...... 111451 22.38.080 - Application Submittal Requirements ........................ III451 22.38.090 - Action on Application .................................... a III-152 22.38.100 - Conditions of Approval ................................... 0 IIIA52 22.38.110 - Findings for Approval ..................................... III452 22.38.120-Tagging.................................................111453 22.38.130 - Tree Replacement/Relocation Standards ..................... III453 22.38.140 - Tree Protection Requirements .............................. III454 22.38.150 - Post Decision Procedures .................................. III455 22.38.160 as, Tree Replacement Fund .................................... III456 22.38.170 - Buyers Awareness Package ................................. 111456 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-3 Chapter 22.40 - Transportation Demand Management ................... 0 III-157 22.40.010 - Purpose............................................. .0.III457 22.40.020- Applicability.............................................111457 22,40.030 - Transportation Demand Management Program Requirements .. II1458 22.40.040 - Miscellaneous Optional Measures .......................... a III-160 22.40.050- Monitoring ..... wee ................... woo woo .............III-160 Chapter 22.42 -Standards for Specific an Uses ......................... III-161 22.42.010 no, Purpose and Applicability ................................. III461 22.42.020 - Adult -Oriented Businesses ................................. III-161 22.42.030 - Animals as Pets ........................................... III-172 22.42.040 - Child Day Care Facilities ...................................III-173 22.42.050 - Drive -In and Drive -Through Facilities .......................III-175 22.42.060 - Guest Houses ............................................. III-176 22.42.070 - Home -Based Businesses ................................... III477 22.42.080 be, Outdoor Display and Sales Standards ........................ III-178 22.42.090 - Outdoor Storage or Work Activities ......................... II1482 22.42.100 - Recycling Facilities ........................................ III-182 22,42.110 - Residential Accessory Uses and Structures ................... III-187 22.42.120 - Secondary Housing Units .................................. I11490 22.42.130 - Telecommunications Facilities .............................. III-191 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-4 CHAPTER 22.16 - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS Sections: 22.16.010 -Purpose and Applicability 220160020 "Access 22.16.030 - Air Emissions 22.16.040 - Environmental Resources Protection 22.16.050 - Exterior Lighting 22.16.060 - Height Measurement and Height Limit Exceptions 22.16.070 - Open Space for Commercial Projects 22.16.080 - Screening and Buffering 22.16.090 - Setback Regulations and Exceptions 22.16.100 - Solid Waste/Recyclable Materials Storage 22.16.110 - Undergrounding of Utilities 22.16.120 - Vibrations 22.16.130 - View Protection 22.16.010 -Purpose and Applicability A. Purpose. The purpose of this Chapter is to ensure that new or modified uses and development produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. B. Applicability. The standards of this Chapter apply to all zoning districts residential, commercial, manufacturing, etc.), and therefore, are combined in this Chapter. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards. All new or modified structures and uses shall conform with the standards of this Chapter as determined applicable by the Director, except as specified in Chapter 22.68 (Nonconforming Uses, Structures and Parcels). 22.16.020 -Access Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road or a private street or road, conforming to adopted City standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Any parcel located on a private street or road which was legally established prior to the effective date of this Development Code, is exempt from the required compliance with the latest adopted City standards for private streets or roads. Diamond Bar Development Code Article III -Site Planning July 21,1998 �-5 General Property Development and Use Standards 22.16 Access driveways shall be provided as required in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). 22.16.030 - Air Emissions A. Dust and dirt emissions. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following: 1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading; 2. Operations during high winds. Clearing, earth -moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective, 3. Area of disturbance. The area disturbed by clearing, demolition, earth -moving, excavation operations, or grading shall be the minimum required to implement the allowed use; 4. Dust control. During clearing, demolition, earth -moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust -preventive measures (e.g., hydroseeding, etc.), subject to the approval of the Building Official and City Engineer; a. Materials) excavated or graded shall be sufficiently watered or covered to prevent excessive amounts of dust. Watering, with complete coverage of the disturbed area, shall occur at least twice daily preferably in the late morning and after work is done for the day. Reclaimed water shall be used when available. b. Material(s) transported off -site shall not be loaded higher than six inches below the top of the trailer and either sufficiently watered with reclaimed water when available, or securely covered to prevent dust. 5. On -site roads. On -site roads shall be paved as soon as feasible, watered periodically with reclaimed water, whenever possible, or stabilized in an environmentally safe manner; 6. Revegetation. Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and 7. Fencing. Appropriate fences or other means may be required by the Director to contain dust and dirt within the pazcel. B. Odor emissions. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, vapors, etc.) shall comply with SCAQMD's Rules and Regulations, including Rule 402 which prohibits the formation of an odor nuisance. Diamond Bar Development Code Article III -Site Planning July 21, 1998 �.6 General Property Development and Use Standards 22.16 C. Exhaust emissions. The South Coast Air Quality Management District (S(.,AQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality Handbook. All land use activities shall be conducted in a manner consistent with the provisions of the South Coast Air Quality Management Plan. Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities (including fugitive dust) exceed daily or quarterly significance thresholds, the project applicant shall coordinate with the SCAQMD to determine the appropriate mitigation measures to minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD Rules and Regulations pertaining to construction emissions (i.e., Rule 403 as amended). 22.16.040 -Environmental Resource Protection Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code Section 21,000 et seq), City and General Plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards. 22.16.050 -Exterior Lighting A. Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Generally, pole - mounted fixtures shall be low in height (20 feet or less) and be equipped with light shields to reduce or eliminate light spillage beyond the project's boundaries. S. Intensity. The level of parking lot light projected onto any ground or wall surface shall be an average of between one and two footcandleS. The uniformity ratio (average to minimum) shall not exceed 6:1. Pedestrian walkways, plazas, and courts shall have a light level at the ground surface of one footcandle. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this Subsection. Building -mounted decorative lights shall not exceed five footcandles measured five feet from the light source. C. Security lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance. D. Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-7 General Property Development and Use Standards 22.16 E. Recreational court lighting. The following standards shall apply to the lighting of outdoor recreational courts: 1. Light fixtures shall not be located closer than 10 feet to the nearest property line. 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3. Light fixtures shall not be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole. 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one footcandle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed .05 footcandle. 7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. $. In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark -colored coating. 9. Provisions of this Subsection maybe waived or modified through the approval of a Minor Conditional Use Permit in compliance with Chapter 22.56. 22.16.060 -Height Measurement and Height Limit Exceptions All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 22.20 (Fences, Hedges, and Walls). A. Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in Article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured from the natural or finished grade adjacent to any point at each exterior wall of the structure to the highest point of the roofline, above and parallel to the natural or finished grade. Structures in hillside areas shall comply with the height regulations provided in Section 22.22.120 (Architecture). B. Exceptions to height limits. Exceptions to the height limits for nonresidential structures shall apply in the following manner: Diamond Bar Development Code Article III -Site Planning July 21,1998 �-g General Property Development and Use Standards 22.16 1. Elevator penthouses and lofts. Roof mounted structures for the housing of elevators, lofts, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the allowed height shall not exceed 25 percent of the total roof area of the main structure. Additional height or area may be allowed subject to the approval of a Minor Conditional Use Permit in compliance with Chapter 22.56. Imaginary plane �— parallel to grade 1' too ---- --I ®000 Maximum �- height t I� Maximumsi height g pop Figure 34 2. Chimneys, spires, towers, etc. Chimneys, cupolas, domes, flag poles, gables, spires, towers, and similar structures may exceed the height limit established for the applicable zoning district, up to a maximum of 20 feet. Additional height may be allowed subject to the approval of a Minor Conditional Use Permit in compliance with Chapter 22.56. 22.16.070 -Open Space for Commercial Projects This Section provides requirements and incentives for the provision of pedestrian -oriented open spaces and amenities for newly developed or redeveloped commercial centers throughout the City. The intent is to make the pedestrian environment more pleasant through the provision of community open spaces, plazas, courtyards, outdoor dining and seating areas, and associated amenities, including public art where appropriate. A. Open space required. Multi -tenant commercial centers one acre in size and larger shall provide a minimum of 0.01 percent of the total land area of the center as useable pedestrian -oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels. Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The City may offer incentives in compliance with Subsection C., below. B. Standards for Open Space Development. To qualify as useable pedestrian -oriented open space, an area shall meet the following requirements. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-9 General Property Development and Use Standards 22.16 1. Pedestrian open space areas shall be designed as an integral part of the overall project and shall specifically relate to the main circulation pattern(s) within the project. Leftover pieces of the site that are not related to the primary pedestrian circulation system shall not be counted as qualified open space areas; 2. The minimum area of a required open space area shall be 100 square feet of hardscape material. The minimum dimension of an open space area shall be 10 feet in any direction. Outdoor dining areas may have a minimum dimension of six feet. The Director may approve areas with less than the minimum dimension for projects of less than three acres. 3. Areas shall be open to the sky except for shade trellises and roof overhangs. Glass - enclosed sun rooms or similar structures may qualify if located adjacent to a pedestrian sidewalk and the facility is readily available to the general public; 4. Open space areas shall be oriented to the main pedestrian circulation network and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also strongly encouraged; 5. Areas provided primarily for walkways or for the sole use of employees (e.g., lunch patios or entrance lobbies) shall not be counted as qualified open space areas; and 6. Qualified pedestrian open space areas shall be located at ground level to a maximum of three feet above finished grade. Open space areas shall be easily accessible to the general public during normal business hours and shall be barrier free for handicapped access. C. Open space bonuses. Development incentive bonuses to encourage pedestrian open spaces that exceed the above requirements and the provision of public art may be available at the discretion of the City. Eligible projects include new shopping centers greater than one acre in size and remodeled shopping centers greater than five acres in size. The types of bonus incentives that may be available to eligible projects include; 1. Increase in maximum structure height; 2. Increase in maximum lot coverage; 3. Increase in floor area ratio; 4. Reduction in landscaping requirements; and/or 5. Reduction in front setback to accommodate pedestrian open space amenities. 22.16.080 -Screening and Buffering This Section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas with respect to multi -family and nonresidential land uses. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-10 General Property Development and Use Standards 22.16 A. Screening between different land uses. An opaque screen consisting of plant material and a masonry wall six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district. Pedestrian access gates may be provided between the commercial properties and abutting common open area within residential developments. The wall shall be architecturally treated on both sides, subject to the approval of the Director, or the Hearing Officer, if part of a project review. B. Mechanical equipment. Roof or ground mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights -of -way, and abutting area(s) zoned for residential or open space uses, including views from above the subject project. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the Director. The screening design/construction shall be subject to the approval of the Director, or the Hearing Officer, if part of a project review, and shall blend with the design of the structures) and include appropriately installed and maintained landscaping when on the ground; C. Outdoor storage and work yards. Uses with outdoor storage of materials, or operations shall comply with the following: 1. Outside uses shall have a solid sight -obscuring wall not less than six feet, or more than seven feet, in height, of a type and design approved in advance of construction by the Director, or the Hearing Officer, if part of a project review. The wall shall include sight -obscuring gates. The wall and gate(s) shall be maintained to continuously conform to the conditions of the Director or Hearing Officer; 2. Site operations in conjunction with the outdoor uses, including but not limited to, the loading and unloading of materials and equipment, shall be conducted entirely within a walled area; D. Outdoor building and garden supply areas. Outdoor building and garden supply areas shall be screened with walls, fencing, landscaping, or similar material to minimize visibility of the storage area, and E. Parking areas abutting public streets and rights -of -way. An opaque screen shall be installed along parking areas abutting public streets and rights -of -way. The screening shall have a total height of not less than 30 inches and not more than 42 inches. However, where the finished elevation of the parking area is lower at the boundary line than the abutting property elevation, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this Subsection. The opaque screen shall consist of one, or a combination, of the following: 1. Landscaped berm. A berm constructed of earthen materials and landscaped to form an opaque screen; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-11 General Property Development and Use Standards 22.16 2. Fences. A solid fence constructed of wood, or other materials compatible to form an opaque screen; and/or 3. Walls, including retaining walls. A wall of concrete, block, stone, brick, tile or other similar type of solid masonry material. 22.16.090 -Setback Regulations and Exceptions This Section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation. A. Setback requirements. All structures shall conform with the setback requirements established for each zoning district by Article H (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code and by the Uniform Building Code as adopted by the City. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this Section. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-12 General Property Development and Use Standards 22.16 B. Measurement of setbacks. Setbacks shall be measured as follows. 1. Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the wall of the structure, except as follows. Interior Street i 1 setback side Side setbackl'r:� setback rmww�ft4 1 c ; NI Front setback Street centerline Front lot line setback - Figure 3-2 a. Corner parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future right-of-way line is officially established, required yards shall be measured from the established line(s); b. Flag lots. The measurement shall be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public street or right-of-way to the nearest point of the wall of the structure. 2. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards. 3. Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the structure to the nearest point of the side property line adjoining the street. 4. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-13 General Property Development and Use Standards 22.16 a. The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street right-of-way. However, if an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and b. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard (Figure 3-3). C. Allowed projections into setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side and rear yard setbacks, only as follows: 1. Chimneys/fireplaces. A chimney/fireplace, up to eight feet in width, may extend 30 inches into a required setback, but no closer than three feet to a side or rear property line. 0 IM It pt It It 0I MOI t10 o It 4 I It > \ / \ 141 \ 'to \ - Setback tP % \ ti-• `✓It of . ;. _ `� _ \ '_ Imaginary Rear 1 Property Line Figure 3-3 2. Canopies, cornices, eaves and roof overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar devices, which do not increase the floor area enclosed by the structure, may extend into required yards as follows: a. Front yard setback: Up to three feet into the required front yard; b. Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; and Diamond Bar Development Code Article III -Site Planning July 21,1998 III-14 General Property Development and Use Standards 22.16 c. Rear yard setback: Up to five feet into the required rear yard but not closer than 10 feet to the rear property line. 3. Porches and stairways. The following standards shall apply to porches and stairways: a. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure; and b. Stairways. Outside stairways and landings, that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows. 1) Front yard setback: Up to six feet into a required front yard; 2) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; 3) Rear yard setback: Up to six feet into a required rear yard. 30" ��ft. Figure 3-4 4. Setback requirements for specific structures: a. Dwelling groups. An inner court providing access to a dwelling group (constructed and located face-to-face) shall provide a minimum width of 15 feet between rows for single -story structures with an additional five feet of width for each additional floor above the first floor. b. Planters. Planter boxes and masonry planters shall be allowed in all required setbacks not to exceed a height of 42 inches. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-15 General Property Development and Use Standards 22.16 c. Swimming pools and spas. Swimming pools and spas are allowed in side and rear setbacks provided they are not closer than five feet to any property line. d. Guard railings. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided: 1) That an open-work railing or fence is used; and 2) That the height of the railing or fence complies with the requirements of the Uniform Building Code. e. Drives, walkways, and decks. Driveways, walkways, patio slabs, and wooden decks shall be allowed in required setbacks provided they do not exceed one foot above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property. f. Equipment. Ground -mounted equipment (e.g., air conditioners, swim,,,ir,g pool pumps, heaters, filters, and fans, etc.) Shall be allowed in required side or rear setbacks, provided: 1) The equipment is not located closer than 42 inches to a lot line; and 2) The equipment does not exceed a height of six feet measured from the finished grade at the base of the unit. g. Retaining walls. 1. Walls up to 42 inches. Retaining walls up to 42 inches in height are exempt from setback requirements. 2. Up to six feet. Retaining walls up to six feet in height may be located within a required setback provided the exposed side %J the wall faces into the subject parcel. 22.16.100 -Solid Waste/Recyclable Materials Storage This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). A. Multi -family projects. Multi -family residential projects with five or more dwelling units, shall provide solid waste and recyclable material storage areas in the following manner: See Table 34. 1. Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material; and Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-16 General Property Development and Use Standards 22.16 2. Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multifamily developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-17 General Property Development and Use Standards 22.16 TABLE 3-1 MULTI -FAMILY DEVELOPMENT B. Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas. The following (Table 3-2) are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet. TABLE 3-2 NONRESIDENTIAL STRUCTURES Diamond Bar Development Code Article III -Site Planning July 21,1998 III-18 General Property Development and Use Standards 22.16 C. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner: 1. Solid waste and recyclable material storage shall be adjacent/combined with one another. They shall be located inside a specially -designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking area, landscaped or open space area or area(s) required by the Municipal Code to be maintained as unencumbered. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the Director. 2. Storage areas) shall be accessible to residents and employees. Storage areas within multifamily residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve; and 3. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley. D. Design and construction. The design and construction of the storage areas) shall: 1. Be compatible with the surrounding structures and land uses; - 2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials; 3. Provide a concrete pad within the fenced or walled areas) and a concrete apron which facilitates the handling of the individual bins or containers; 4. Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and 5. The storage area(s) shall be appropriately located and screened from view. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the Director. 22.16.110 - Undergrounding of Utilities All on -site electric and telephone facilities, fire alarm conduits, lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground at the time of development. Projects located within approved underground utility districts shall be subject to the requirements of Chapter 13.04 of the Municipal Code. Diamond Bar Development Code Article III - Site Planning July 21,1998 IIIM19 General Property Development and Use Standards 22.16 22.16.120 - Vibrations The owner of a use that generates vibrations at levels that constitute a nuisance, in compliance with the Municipal Code [Section 8.12.320(b)], shall abate the nuisance. If the nuisance is not abated in a timely manner, the City will abate the nuisance in compliance with Section 15.00.2830 of the Municipal Code. 22.16.130 -View Protection A. For the purpose of this Section, a "view" means a vista of signcant features, including mountains, ridges, hillside terrain, canyons, geologic features, and community amenities (e.g., parks, landmarks, permanent open space). The term does not mean an unobstructed panorama of these features. B. The development of new projects shall respect the views of existing residential uses. New structures shall be located in a manner that preserves views by creating view corridors. C. New developments that are within the viewshed of existing residential uses shall be kept as low as possible to reduce or eliminate the possibility of blocking views. D. In reviewing projects with potential view blockage impacts, the Council, Commission, or Director shall refer to the View Protection guidelines in the City's "Citywide Design Guidelines" manual. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-20 General Property Development and Use Standards COP F;. Walsh 1, } %_' _ l 1 �:; ;�l... IdMak "'Od" 10 do i44OFIV 11.4 ': \ , Or �i 9 �I td' C47 +-� CC :::, f�Ft t F. ;. ,•, t. _. '`+ ; , "OFF daddad" 4 V Far. 4411 l t :� i It dwa&l. ORION ca Ow 0 4 OF Goal l r� j� X,.11 aI,- oIJAVOINd. OPINIONS t 1a. 3 FIX .; i 11� j i l I RAC aa..Id T`,:?:::' vj.. f `ad \ I� 1 ::5=:'� moo a`�i V. .� 1 ' F �,'in t) 4,111 :;: y 1 .1: Cad lat IO ` o �� H "WOMENy V G O = � t im Avi x •fl � � V E Leo ''- `� Figure 3-S 22.16 Diamond Bar Development Code Ariicle III -Site Planning July 21,1998 III-21 General Property Development and Use Standards 22.16 Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-22 CHAPTER 22.18 - AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS Sections: 22.18.010 -Purpose 22.18.020 - Eligibility for Bonus and Incentives 22.18.030 - Types of Bonuses and Incentives Allowed 22.18.040 - Continued Availability 22.18.050 - Location of Bonus Units 22.18.060 - Processing of Bonus Requests 22.18.010 -Purpose As required by State law (Government Code Section 65915), this Chapter offers incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in Section 22.18.020 (Eligibility for Bonus and Incentives), below. The incentives include the ability to construct up to 25 percent more residential dwelling units than normally allowed by the applicable zoning district and General Plan designation, and other incentives provided by this Chapter. In offering these incentives, this Chapter is intended to implement the requirements of State law (Government Code Sections 65302, 65913, and 65915, et seq.) 22.18.020 -Eligibility for Bonus and Incentives In order to be eligible for a density bonus and other incentives as provided by this Chapter, a proposed residential development project shall. A. Consist of five or more dwelling units; designed and constructed so that at least: 1. Lower income. Twenty percent of the total number of proposed dwelling units are for lower income households, as defined in Health and Safety Code Section 50079.5; 2. Very low income. Ten percent of the total number of proposed dwelling units are for very low income households, as defined in Health and Safety Code Section 50105; or 3. Other qualifying residents. Fifty percent of the total number of proposed dwelling units are for qualifying residents as determined by Section 51.2 of the Civil Code; and 4. Priority to Diamond Bar residents. Subject to compliance with other criteria outlined in this Section, priority for occupancy of proposed dwelling units shall be provided to existing Diamond Bar residents or employees in the Community. C. Satisfy all other applicable provisions of this Chapter. Diamond Sar Development Code Article III -Site Planning July 21,1998 III-23 Affordable Housing Incentives/Density Bonus Provisions 22618 22.18.030 - Types of Bonuses and Incentives Allowed A residential development project that satisfies all applicable provisions of this Chapter shall be entitled to the following density bonus and other incentives. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of this Development Code, the Council is authorized to waive or modify development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. A. Density bonus. The density bonus allowed by this Chapter shall consist of up to a 25- percent increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel as of the date of the project land use permit application. A single development project shall not be granted more than one density bonus in compliance with this Chapter. B. Other incentives. A qualifying project shall be entitled to at least one of the following incentives identified by State law (Government Code Section 65915(b)). 1. A reduction in the parcel development standards of this Development Code (e.g., coverage, setback, zero lot line and/or reduced parcel sizes, and/or parking requirements; 2. Approval of mixed -use zoning in conjunction with the housing project if nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and surrounding development; and 3. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable cost reductions. The Council shall approve one or more of the above incentives, not withstanding the other provisions of this Chapter, unless it makes a written finding that the additional concession or incentive is not required in order for the sales price or rent for the targeted dwelling units to be set in compliance with State law (Government Code Section 65915(c)). 22.18.040 -Continued Availability The land use permit application for the residential development project shall include the procedures proposed by the developer to maintain the continued affordability of the density bonus units in the following manner. A. Development projects with City funding. Projects receiving a direct financial contribution or other financial incentives from the City, or a density bonus and at least one other concession or incentive shall maintain the availability of the lower income density bonus units for a minimum of 30 years, as required by State law (Government Code Sections 65915(c) and 65916). or Diamond Bar Development Code Article III -Site Planning July 21,1998 �_� Affordable Housing Incentives/Density Bonus Provisions 22.18 B. Private development projects - density bonus only. Privately -financed projects that receive a density bonus as the only incentive from the City shall maintain the availability of lower income density bonus units for a minimum of 10 years. C. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed between the developer and the City. Said agreement shall be recorded on the subject property with the Recorder's Office prior to the issuance of building permits and shall become effective prior to final inspection of the first unit. The subject agreement shall be legally binding and enforceable on the property owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall include, but is not limited to, the following items: 1. The number of and duration of the affordability for the affordable units. 2. The method in which the developer and the City are to monitor the affordability of the subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement. 3. The method in which vacancies will be marketed and filled. 4. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the project; and 5. Standards for maximum qualifying household incomes and standards for maximum rents or sales prices. 22918.050 - Location of Bonus Units As required by State law (Government Code Section 65915(g)), the location of density bonus units within the qualifying project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the noninclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and finish quality. 22.18.060 -Processing of Bonus Requests Proposed bonus requests shall require the approval of a Conditional Use Permit in compliance with Chapter 22.58 which shall be reviewed and recommended by the Commission and approved by the Council. A. Initial review of bonus request. The Director shall notify the developer within 90 days of the filing of the Conditional Use Permit application of whether the development project qualifies for the additional density; B. Criteria to be considered. Criteria to be considered in analyzing the requested bonus shall include the availability and capacity of infrastructure (road, sewer and water capacity, school capacity, etc.) to accommodate the additional residential density; Diamond Bar Development Code Article Ill" Site Planning July 21,1998 III-25 Affordable Housing Incentives/Density Bonus Provisions 22.18 C. Findings for approval. In addition to the findings required for the approval of a Conditional Use Permit (Chapter 22.58), the approval of the bonus by the Council shall also require the following additional findings: 1. The development project would not be a hazard or nuisance to the City at large or establish a use or development inconsistent with the goals and policies of the General Plan; 2. The development project would be consistent with the character of the surrounding neighborhood and adequate provisions have been incorporated into the project so that property values in the surrounding neighborhood would be protected. 3. The number of dwellings can be accommodated by existing and planned infrastructure capacities; 4. Adequate evidence exists to indicate that the development of the property would result in the provision of affordable housing in a manner consistent with the purpose and intent of this Chapter; 5. In the event that the City does not grant at least one financial concession or incentive as defined in State law (Government Code Section 65915) in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs; and 6. There are sufficient monitoring and enforcement provisions to guarantee that the dwelling units would remain affordable in the future. Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-26 CHAPTER 22.20 - FENCES,. HEDGES, AND WALLS Sections: 22.20.010 -Purpose 22.20.020 - Applicability 220200030 - General Height Limitations 22.20.040 - Height Limitations for Retaining Walls 22.20.050 - Measurement of Fence or Wall Height 22.20.060 - Walls Required Between Different Zoning Districts 22.20.070 - Special Wall and Fencing Requirements 22.20.080 - Prohibited Fence Materials 22.20.090 - Authority to Waive or Modify Requirements 22.20.010 -Purpose The purpose of this Chapter is to establish requirements for fences, hedges, and walls to ensure that these elements do not block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and are designed to provide aesthetic enhancement of the City. 22.20.020 -Applicability The provisions of this Section apply to all fences, hedges, and walls unless otherwise stated. Fences and walls are subject to review and approval by the Director. 22.20.030 -General Height Limitations Fences, hedges, and walls (except retaining walls) maybe constructed to the heights shown in Table 3-3. See Section 22.20.040 for height limitations for retaining walls. TABLE 3-3 MAXIMUM HEIGHT OF FENCES, HEDGES AND WALLS Rear and interior side yards Front and street side yards At intersections of streets, alleys and driveways within traffic safety sight areas. 42 inches 30 inches if solid, otherwise maximum height allowed if 75%open (e.g., grillwork) * The Director may approve up to a maximum eight feet to enclose or screen areas within the rear of a parcel. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-2'7 Fences, Hedges, and Walls 2120 22.20.040 - Height Limitations for Retaining Walls A. Retaining walls shall not exceed a height of six feet measured from the finished grade at the base of the wall. The Director may approve additional height up to one foot in consideration of varying topographical features. B. Where a retaining wall protects In cut below the natural grade and is located on a front, side, or rear lot line, the retaining wall may be topped by a fence or wall of the same height that would otherwise be allowed if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall shall be considered as contributing to the allowable height of a fence or wall. Regardless of the height of the retaining wall, an open-work, non -view -obscuring fence may be erected at the top of the retaining wall for safety protection to a maximum height of 42 inches. C. Where a wall or fence is located in a required setback area adjacent to a retaining wall containing a fill, the wall or fence shall be set back from the retaining wall a distance of one foot for each one foot in height. The area between the wall or fence and the retaining wall shall be landscaped and continuously maintained in good condition. 22.20.050 -Measurement of Fence or Wall Height Where there is a difference in the ground level between two adjacent parcels of less than two feet, the height of a fence or wall constructed along the property line shall be determined by using the finished grade at the base of the fence or wall on the highest parcel. When there is a difference in the ground level between two adjacent parcels of two feet or more, the height of a fence or wall shall be determined by the Director. To allow for variation in topography, the height of a fence or wall may vary up to six inches. However, the average height of a fence or wall shall not exceed the maximum height allowed. 22.20.060 -Walls Required Between Different Zoning Districts Walls shall be provided and maintained between different zoning districts as follows: A. Where a nonresidential zoning district abuts a residential zoning district, a solid masonry wall six feet in height shall be constructed on the zone boundary line; B. Where amulti-family residential zoning district abuts asingle-family residential zoning district, a solid masonry wall six feet in height shall be constructed on the zone boundary line; C. Walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights -of -way subject to approval of the Director; and D. The Director may waive or modify requirements for new walls or walls six feet in height between different zoning districts where a solid masonry wall already exists on the contiguous property if the following findings can be made. Diamond Bar Development Code Article III -Site Planning July 21,199s �-28 Fences, Hedges, and Walls 22.20 1. The existing wall meets or can be modified to conform to the intent of this Section; 2. Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the desired physical separation; 3. The existing wall can be protected with wheel stops or curbs to prevent vehicle damage, if necessary; and 4. Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this Section. 22.20.070 -Special Wall and Fencing Requirements A. Swimming pools, spas and similar features. Swimming pools, spas and other similar features shall be fenced in compliance with requirements of the Uniform Building Code. B. Outdoor equipment, storage and work areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 22.16.080 (Screening and Buffering). C. Temporary fencing. Temporary fencing used during site preparation and construction shall be subject to the approval of the Director. D. Fence and wall design. Fence or wall design shall be uniform throughout amulti-family or nonresidential development, or single-family subdivision. Perimeter fences/walls adjoining public rights -of -way shall be articulated by providing a minimum three-foot deep by six-foot long landscaped recession for every 50 feet of continuous wall. The design shall include a mix of materials and finishes that are compatible with the overall design of the project. This requirement is in addition to any parkway landscaping within the public right-of-way. 22.20.080 -Prohibited Fence Materials A. Barbed wire. Barbed wire, razor wire, and other similar materials shall not be permitted as part of any fence or wall; and B. Chain link. The use of chain -link fencing shall not be allowed on a residentially zoned or developed property within a required yard area adjacent to a street. 22.20.090 -Authority to Waive or Modify Requirements The Hearing Officer may waive or modify the requirements of this Section in compliance with the provisions of Chapter 22.56 (Minor Conditional Use Permits). Diamond Bar Development Code Article III -Site Planning July 21,1998 III-29 Fences, Hedges, and Walls 22.20 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-30 CHAPTER 22.22 - HILLSIDE MANAGEMENT Sections: 22.22.010 -Purpose 22.22.020 - Applicability 22.22.030 - Required Plans and Reports 22.22.040 - Density 22.22.050 - Hillside Development Standards and Guidelines 22.22.060 - Landform Grading and Revegetation Standards 22.22.070 - Slope Analysis 22.22.080 - Grading 22.22.090 - Drainage 22.22.100 - Access, Trails, and Roadways 22.22.110 - Site Design 22.22.120 - Architecture 22.99.130 - Fences and Landscaping 22.22.140 - Fire Protection Standards 12.22.150 - Evaluation of Development Review Application 22.22.010 -Purpose This Chapter establishes regulations for development within hillside areas to: A. Preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City; B. Maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns; C. Facilitate hillside preservation through appropriate development standards and guidelines of hillside areas. The guidelines are intended to provide direction and encourage development which is sensitive to the unique characteristics common to hillside properties, which include, slopes, land form, vegetation and scenic quality. Innovation in design is encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this Section and in the goals and objectives of the General Plan; D. Ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing land form; E. Preserve, where possible, significant features of the natural topography, including swales, canyons, streams, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features by, for example, roads crossing ridgelines. Therefore, a major design criterion shall be the minimization of such impacts; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-31 22.22 F. Provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the undeveloped terrain; G. Correlate intensity of development with the steepness of terrain in order to minim ze the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards; H. Provide in hillsides, alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas (e.g., slopes, land form, vegetation and scenic quality); and I. Encourage the planning, design and development of sites that provide maximum safety with respect to fire hazards, exposure to geological and geotechnic hazards, drainage, erosion and siltation, and materials of construction; provide the best use of natural terrain; and to prohibit development that will create or increase fire, flood, slide, or other safety hazards to public health, welfare, and safety. It is the intent of this Chapter to establish regulations and guidelines to ensure that development will complement the character and topography of hillside areas. Specifically, the City desires the application of good hillside planning techniques and the use of landform grading and revegetation in the implementation of hillside projects. 22.22.020 -Applicability A. Hillside area. The standards contained in this Chapter apply to all uses and structures within areas having a slope of 10 percent or greater. B. Basis for slope determinations. For the purpose of this Chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals 100 feet and a contour interval of not more than five feet. C. Conditional Use Permits. Hillside developments shall be subject to the approval of a Conditional Use Permit in compliance with Chapter 22.58. D. Exemption. A lot of record as of the date of adoption of these regulations shall be entitled to one dwelling unit. Development upon such lots shall be subject to the guidelines and standards of this Chapter and processed in compliance with Article IV, Chapter 22.48 (Development Review). 22.22.030 -Required Plans and Reports A subdivision or land use entitlement application for a site within a hillside area shall include the following documents, reports, and maps as determined appropriate by the Director and City Engineer. Exceptions to the filing requirements shall require a written justification supported by factual information submitted to the Director and City Engineer for consideration. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-32 Hillside Management 22.22 A. Natural features map. A natural features map, shall identify all existing slope banks, rdgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. B. Grading plan. A conceptual grading plan shall include the following items: 1. A legend with appropriate symbols shall include the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage; 1. 2. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the area of cut and fill, calculated as a percentage of the total site area, shall be included on the plan; and 3. Contours for existing and natural land conditions and proposed work;: Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at maximum five foot intervals above 20 percent slope. C. Drainage map. A conceptual drainage and flood control facilities map describing planned drainage improvements. D. Slope analysis map. A slope analysis map for the purpose of determining the amount and location of land as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch to 100 feet and a contour interval of not more than two feet provided that the contour interval may be five feet when the slope is more than 20 percent. The base topographical map shall include all adjoining properties within 150 feet of the site boundaries. Delineate slope bands in the range of 0-10 percent, 1145 percent, 16-20 percent, 21-25 percent, 26-30 percent, 31-35 percent, and 36 percent or greater. Also included shall be a tabulation of the land/area in each slope category specified in acres. E. Slope profiles. Provide a sufficient number of slope profiles as required by the City Engineer to clearly illustrate the extent of the proposed grading. The slope profiles shall: 1. Be drawn at the same scale and indexed, or keyed, to the grading plan, and project site map; 2. Show existing and proposed topography, structures, and infrastructure. Proposed topography structures, and infrastructure shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. 3. The slope` -profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, within at least 150 feet. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-33 Hillside Management 22.22 4. The profiles shall be drawn along those locations of the project site where: a. The greatest alteration of existing topography is proposed; b. The most intense or dense development is proposed; c. The site that is most visible from surrounding land uses, and d. At all site boundaries illustrating maximum and minimum conditions. 5. At least two of the slope profiles shall be roughly parallel Luca other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45-degree angle to the other slope profiles and existing contour lines. F. Certification required. The slope profiles shall be stamped and signed by eiiher a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope profiles, and attesting to the fact that the slope profiles have been accurately calculated and identified. G. Environmental studies. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application. Additional environmental studies and investigations (e.g., hydrologic, seismic, access/circulation, and biota research) may also be required in order to help in the determination of the buildable area of a site. H. Ownership/maintenance. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. I. Custom lot subdivision. Tn the event that no grading is proposed, (i.e., custom lot subdivision), a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. J. Elevations required. When unit development is proposed, illustrative building elevationsI that show all sides of the proposed structures) and which accurately depict the building envelope for each lot, shall be provided. K. Additional items. The following items maybe required if determined necessary to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both. 1. A computerized or topographic model; 2. Aline of sight or view analysis; 3. Photographic renderings; and 4. Any other illustrative technique determined necessary to aid in review of a project. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-34 Hillside Management 22.22 22.22.040 - Density The maximum number of dwelling units that may be allowed on a given parcel shall be the calculated in compliance with the requirements of this Section. Also, an additional number of units may be eliminated due to environmental constraints as determined through the Development Review process. A. Maximum density calculation. In order to retain natural features of the hillsides, densities shall be reduced as slope increases in compliance with Table 34. Each property to be developed shall be divided into cells of similar slope, utilizing the slope ranges listed below. The maximum density of the base zoning is multiplied by the relevant reduction factor assigned to each cell. The result of this calculation is the maximum allowable density for each cell. TABLE 3-4 ALLOWABLE RESIDENTIAL DENSITY B. Density transfer. To encourage the clustering of residential units away from steeper slopes to areas with more gentle slopes, a transfer of density may be allowed when development is transferred from one slope category to a lower slope category. When density is transferred from a higher slope category to a lower category (e.g., from the 31- 35 percent category to the 2&30 percent category), the Commission may increase the allowable density of the lower category to compensate for not developing in areas with steeper slopes. The total number of units allowed for a project shall not exceed the number of units that would have been allowed without any transfer of density. Areas from which density is transferred shall be restricted from future development in an appropriate manner. C. Environmental constraints. The maximum number of residential dwelling units may also be affected by the impact of the following development constraints: 1. Land areas subject to inundation during a 100-year storm; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-35 Hillside Management 22.22 2. Land areas that are above the hillside view line; 3. Land areas that lie within a federally recognized blue line stream, or that contain significant riparian stream bed habitats or other established plant formations that constitute a significant natural feature or ecosystem or that contain rare or endangered species; 4. Significant Ecological Areas (SEA); 5. Land areas that are within 100 feet of a prominent ridgeline or hiking trail; and 6. Land areas containing signcant archaeological sites. 22.22.050 -Hillside Development Standards and Guidelines A. General. The hillside development standards and guidelines are intended to ensure the appropriate management of hillside areas. The standards are requirements for the use, development, or alteration of land in hillside areas. The guidelines are to be utilized to provide direction to encourage development that is sensitive to the unique characteristics common to the hillside areas. The guidelines shall be used by the Council and Commission in evaluating development proposals that propose to deviate from the minimum standards contained in this Chapter. B. Exceptions. Exceptions to the standards in this Chapter may be approved through the Conditional Use Permit process, when the Commission determines that the exceptions would not materially affect the intent of the standards and guidelines. In approving a Conditional Use Permit, the Commission shall make appropriate findings supporting the determination in compliance with Chapter 22.58 (Conditional Use Permits). Where development is proposed for a parcel that adjoins one or more vacant, developable parcels, cooperation of the respective property owners is encouraged in the planning of the road network, utilities plan, and open space network for the area as a whole. The City may consider variations from the strict application of the provisions of this Chapter as may be needed to achieve cooperation among all contiguous property owners to the extent that the variations may better achieve the objectives of this Chapter. 22.22.060 - Landform Grading and Revegetation Standards Incorporation of the basic principles of the landform grading and revegetation concept in the design and construction of hillside development projects is required so that they will be in harmony with the natural topography and reflect existing plant distribution patterns. The general principles of landform grading and revegetation include the following elements: A. The basic land plan flows with the natural topography rather than against it. This means that street patterns and building pad configurations follow the underlying topographic features rather than cutting across them. Diamond Bar Development Code Article III -Site Planning July 21, 1998 IQ-36 Hillside Management 22.22 This %a - Building pulls back from steeper slopes and ravines on the hillside. Minor building protrusions perpendicular to the contours are acceptable when inset in hillside. Building is parallel with the contours. Figure 3-6 Not This Building is perpendicular to the contours. B. All manufactured cut and fill slopes exceeding nine feet in height that will be either exposed to permanent public view or are adjacent to environmentally sensitive areas, shall be designed with features characteristic of natural slopes so that their ultimate appearance will resemble a natural slope. This includes slopes along streets and highways, slopes adjacent to parks, schools, open spaces, and other public facilities, and other prominent and highly visible slopes. Side yard slopes and low (less than 25 feet in height) rear yard slopes whose view is blocked by future structures need not have landform design applied. Slope drainage devices (e.g., down drains and interceptor drains) shall be designed so that they are built into the natural slope features and become hidden from view. This Use of Radii and Uneven Slopes Small irregular berm accentuates the top of ` the slope. landscaping accentuates contour undulation. Variety in slope bank grading creates a natural appearance resembli nature. Drainage features are 4 Figure 3-7 Not This Use of Angles and Uniform Slopes Engineered slope banks •i look forced snd unnatural �; j: j :j drainage features very visible. Diamond Bar Development Code Article III -Site Planning July 21,1998 �_37 Hillside Management 22.22 C. Terracing and the associated concrete drainage devices (e.g., terrace drains, down drains, and interceptor drains) distract from efforts to give cut and fill slopes a natural appearance and are therefore discouraged. D. Landscaping shall not be applied m a conventional pattern, but in patterns resembling natural plant distribution. Trees or shrubs shall be clustered in the swaled (concave) components of the slope along with ground cover. Ground cover, only, should be applied to the protruding (convex) portions. Locate plant material In swsles to simulate ttro natural condition. Figure 3-8 22.22.070 -Slope Analysis A. Calculating average slope. Use the following formula to calculate the average slope of the entire parcel. I =Contour interval in feet Slope = 0.002296 I L L =Summation %J length of all A contours in feet A = Area in acres of parcel being considered B. Slope categories. The following are standards for hillside slopes in areas that will not be landform graded. These standards ensure that development will complement the existing character and topography of the land. The standards for one category may be applied to limited portions of the site in an adjacent category when a project is developed on a site with more than one slope category. Diamond Bar Development Code tlrticle III -Site Planning July 21,199s III-38 Hillside Management 22.22 TABLE 3-5 SLOPE CATEGORIES Slope Ivaturaf Slope SiteStandards Cate o 1Percenta e� 1. 10% to 24.9% Special hillside architectural and design techniques that minimize grading are required in this slope category. 2. 25% to 39.9% Structures shall conform to the natural topography and natural grade by using appropriate techniques, including split-level foundations, stem walls, stacking, and clustering. Conventional grading may be considered for limited portions of a project when its plan includes special design features, extensive open space, or significant use of greenbelts. 3. 40% to 49.9% Development within this category shall be restricted to those sites where it can be demonstrated that safety will be maximized while environmental and aesthetic impacts will be minimized. Use of large lots, variable setbacks and variable building structural techniques (e.g., stepped foundations) are expected. Structures shall be designed to minimize the visual impact of their bulk and height. The shape, materials, and colors of structures shall blend with the natural environment. The visual and physical impact of driveways and roadways shall be minimized by eliminating sidewalks, and reducing their widths to the minimum required for emergency access and following natural contours, using grade separations where necessary and otherwise mnu mizing the need for grading. 4. 50% and over This is an excessive slope condition and it is anticipated that residential subdivisions will not be developed in these areas. If residential development is pursued in these areas, lot sizes may be considerably larger than the minimum allowed by the underlying zoning district in order to comply with the standards and guidelines of this Chapter. Actual lot size shall be determined through the Conditional Use Permit process. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-39 Hillside Management 22.22 k*�f 4e 5:1 3:1 2:1 20 11 Figure 3-9 22.22.080 -Grading 1.5:1 1:1 O A. Landform grading techniques. The following standards define basic grading techniques that are consistent with the intent of this Chapter and avoid unnecessary cut and fill. (Figures 340 and 344). Limitations on project grading amounts and configurations will be decided on a case -by -case basis under the Conditional Use Permit process. Landform grading design standards include: 1. Ridgeline cuts. When convex shaped natural features (e.g., protruding ridgelines) are cut, the residual landform shall not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline. (Figure 3-10) UTTMG MOM Ridgeline Cut 100 50\ / 1 Round off cut edges to conform to the natural grade. Figure 3-10 Unacceptable 1 75'00A ` 50 \ / 1 Standard cut into nose or Ndgeline. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-40 Hillside Management 22.22 2. Canyon fills. Fill slopes shall not be placed perpendicular across a canyon. Straight line cut off fill slopes shall not be made to appear like a dam. The terminus of the fill shall be concave in shape to restore the canyon appearance. Thin concave configuration shall be in combination with the use of substantially flatter slope ratio (4:1, 3.5:1, 3:1) at or near the center of this indentation. Symmetrical or unsymmetrical concave configurations shall be used depending upon the adjoining or underlying topographic characteristics. (Figure 341) Acceptable Canyon Fill / ISO /^�\ /125 Round off cut edges to conform to the natural grade. Figure 341 Unacceptable Standard cut into nose or ridgeline. 3. Transition areas. Minimal rounding at the edges of cut and fill slopes shall not be allowed. Proper transitioning to natural slopes shall be achieved through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes. (Figure 3-12) Transition Zone 150 � -`•, l .'100 t /' 75 \ / \\ / 50 w000r Round off an edges to conform to the natural grade. i Figure 3-12 Unacceptable 50 / Standard cut into nose or ridgeline. Diamond Bar Development Code Article III -Site Planning July zi, i99s III-41 Hillside Management 22.22 Conventional Landform -Plan View toot toot too to to Jet Local `ROad _ \waV Landform - Obiique View Figure 3-13 Diamond Bar Development Code Article III -Site Planning )uty 21,199s III-42 Hillside Management 22.22 Conventional Landform Plan View Landform -Oblique View ,, _ . Z — r—.r-0�)o Figure 344 Diamond Bar Development Code Article III -Site Planning July 21,199s III-43 Hillside Management 22.22 4. Use of variable slope ratios. The use of landform grading designs, creates valleys and concave indentations on building pad areas which can result in a net loss of buildable area. Two methods shall be allowed to offset this loss: a. Pad areas lost due to concave indentations will be counted towards meeting the open space or landscape area requirements for the development. b. Segments of a cut or fill slope maybe designed with variable slope ratios less than 2:1 (horizontal to vertical), but not less than 1.5:1 within the following guidelines: 1) A geotechrucal engineer shall demonstrate by analysis and certify that slopes so designed will meet standard stability requirements; 2) Overall ratio from toe to toe will be a maximum of 2:1; 3) Ratios greater than or less than 2:1 may be used in the slope design. (See Figure 3-15) B. Grading standards. 1. Finished slopes shall not be created greater than 50 percent (2:1) except adjacent to a structure where the created slope is limited to a maximum of 67 percent (1.5:1). 2. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or land- scaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occur within three months of grading completion. 3. Grading operations shall be planned to avoid the rainy season, October 15, to April 15. Grading permits maybe issued any time of year when a plan for erosion control and silt retention has been approved by the City Engineer. 4. Excavation or other earth disturbance shall not be allowed on a hillside area prior to the issuance of a grading permit with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. Exploratory trenches and access roads should be properly backfilled and erosion treatment and revegetation provided. 5. No point on any structure subject to the provisions of this Chapter shall be closer to a prominent ridge than 50 feet measured vertically on a cross section. (Figure 3-15) And in no case, shall the roof line or any other portion of a structure extend above the line of sight between a ridge line and any public right-of-way, whether the ridgeline is above or below the right-of-way. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-44 Hillside Management 22.22 L�i'OCM C`.C'4iN \` i • i Mao 4 MOO' M%%`' N' :/ ve �\ b�'�• '� , ,\ •j10 .oil"\ 1: Smallwood ,\ a Oman, aft -....do rowmood (. ODJ ^Ftirrvrr.a°r' ^f%-`.l'c,gi . 7 I -ti'�?r aw.•. npo. �' *of Maw I w;>.eMao • Figure 345 6. Lot pad grading is limited to the boundaries of the structure's foundation, vehicle parking space and front, rear, and side yard areas as shown on the approved grading plan, and in compliance with the setback requirements of Section 22.08.040 (Residential Zoning District General Development Standards). For all lots subject to this Chapter, building setbacks shall be measured from the edge of the building pad. 50' Figure 3-16 7. Retaining walls associated with lot pads shall not exceed four feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions, (e.g., lot configuration, steep slope, or road design) the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall be separated by a minimum of three feet with appropriate landscaping. Terraced retaining walls shall not be used as a typical solution within a development and shall be limited to the minimum required subject to approval of the Director. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-45 Hillside Management 22.22 8. Lot lines shall be placed two feet beyond top of major slope areas within public view corridors to help ensure their maintenance by the downhill owner. C. Grading guidelines. 1. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures, thereby, hiding the slope behind the structure. (Figure 347) This No! This Slopes should be rounded to provide a more natural appearince. Large manufactured sbpec should tre located on the uphill aide of the structure to reduce the rppearance of grading from the roadway. Retaining walls sed, may he u Figure 3-17 2. Terraced retaining structures up to four feet in height maybe utilized when separated by a minimum of 3 feet and appropriate landscaping. (Figure 3-18) This Terraced retaining walls break up mass and are easier to screen. Figure 3-18 Not This Single retaining wall makes a massive scar on hillside and is diflieult to screen. Diamond Bar Development Code Article III -Site Planning July 21, 1995 III-46 Hillside Management 22.22 3. On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed 42 inches feet in height may be used in a side yard where necessary. 4. Retaining walls that are an integral part of the structure may exceed four feet in height; however, their visual impact shall be mitigated through contour grading and landscape techniques. (Figure 349) Figure 3-19 5. The following factors shall be taken into consideration in the design of a project: A . When space and proper drainage requirements can be met with approval by the City Engineer, rounding of slope tops and bottoms shall be accomplished. b. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp, angular appearance. c. A rounded and smooth transition shall be made when the planes of man-made and natural slopes intersect. d. When significant landforms are "sliced" for construction, the landforms shall be rounded to blend into natural grade. e. Manufactured slope faces shall be varied to avoid excessive "flat -planed" surfaces. (Figure Diamond Bar Development Code Article III -Site Planning July 21,1998 III-47 Hillside Management 22.22 6. No manufactured slope shall exceed 30 feet in height between terraces or benches. (Figure 3-20) Figure 3-20 7. Where cut or fill conditions are created, slopes should be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "engineered" appearance. (Figure Ml) ' �►-•Not This M =This Varying cut or fill slope creates more natural appearance. Figure 3-21 Daamond Bar Development Code Article III -Site Planning July 21, 1998 III-48 Hillside Management 22.22 8. The angle of any graded slope should be gradually adjusted to the angle of the natural terrain. (Figure 3-22) Boundary — --w= 1 ,� Variable Natural Grade —r `� ` �L,�' ,�--. proposed Slope Extension --Natural Grade Existing Drainage Device Not This This --� Combine slopes to more closely approximate natural grade. Figure 3-22 9. Manufactured slopes adjacent to roadways shall be consistent with the landform grading and revegetation technique to create visually interesting and pleasing streetscapes. (Figure 3-23) This Variety in undulating slope bank creates pleasing roadscape. Figure 3-23 Not This Straight slope bank heightens monotony of roadway landscape. Diamond Bar Development Code 1998 Article III -Site Planning III-49 Hillside Management 22.22 22.22.090 - Drainage Where a conflict exists between the provisions of this Section and Chapter 70 of the Uniform Building Code, the drainage, soils and geology provisions of this Development Code shall prevail. A. Drainage Standards. 1. Debris basins, rip rap, and energy dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken. Except for necessary flood control facilities, significant natural drainage courses shall be protected from grading activity. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. 2. Terrace drains where required shall follow landform slope configuration. Down drains shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner they will be built into the overall landform of the slope. (Figure 3-24) Landtonn Converrtional Figure 3-24 3. Building and Grading Permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, (e.g., a drainage channel, public street or alley, or private drainage easement). 4. The use of cross lot drainage shall be subject to Commission and Council review and maybe approved after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices. Where cross lot drainage is utilized, the following shall apply. a. Project interiors. One lot may drain across one other lot if an easement is provided within either an improved, open V-swale gutter, that has a naturalized appearance, or within a closed drainage pipe that shall be a minimum 12 inches in diameter. In both cases, an integral wall, shall be constructed. This drainage Diamond Bar Development Code Article III -Site Planning 1998 III-50 Hillside Management 22.22 shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners association, otherwise the drainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. b. Project boundaries. On -site drainage shall be conveyed in an improved open V- swale, gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowner's association, or it shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. (Figure 3-25) ' This q Use of native rocks naturalize man- made brow ditch. B. Drainage guidelines. 1. Figure 3-25 Not This Typical brow ditch with A.C. or concrete liner. Where possible, drainage channels should be placed in inconspicuous location, and more importantly, they should receive a naturalizing treatment including native rock, colored concrete and landscaping, so that the structure appears as an integral part of the environment. (Figure 3-26) �', :y J locate plant material in swales to simulate the natural condition. Figure 3-26 Diamond Bar Development Code Article III -Site Planning 1998 III-51 Hillside Management 22.22 2. Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design. 22.22.100 - Access, Trails, and Roadways A. Access, trails, and roadway standards. 1. Driveway grades up to a maximum of 20 percent are allowed, and shall be aligned with the natural contours of the land. Proper design considerations shall be employed, (e.g., vertical curbs and parking landings). Parking landings shall be utilized on all drives over 10 percent grade. 2. Grooves for traction shall be incorporated into the construction of driveways with a slope of 20 percent or greater. 3. Where retaining walls are necessary adjacent to roadways or within street setbacks, they shall be limited to three feet in height in order to avoid obstruction of motorists' and pedestrians' field of view, and to create an aesthetically pleasing streetscape. No more than three terraced or stepped retaining walls shall be utilized. Wall shall be separated by a minimum of three feet and include appropriate landscaping. i� Street veways shall enter publi 5. Local hillside street standa potential while providing vehicles. isting Hillside adequate line of sight. n ze s, including emergency grading and erosion 6. Hillside collector, and arterial streets and hillside local resid ential streets shall not exceed 12 percent. Diamond Bar Development Code Article III -Site Planning 1998 III-52 Hillside Management 22.22 7. Cul-de-sacs may be allowed to a maximum of 1,000 feet in length. 8. All other street improvement standards shall conform to the standard plans and specifications for public streets of the City. 9. The Commission or Council may approve modifications to the above standards provided the modifications are in substantial conformance with the objectives stated in this Section. B. Access, trails, and roadway guidelines. 1. Roadways and driveways, where feasible, should conform to the natural landform. They should not greatly alter the physical and visual character of a hillside by ridgelines, defining wide straight alignments, or by building creating large notches in switch -backs on visually prominent hillsides. Split sections and parking bays should be utilized in the layout of hillside streets. (Figure 3-28) This Reduce grading by aligning roads along natural grades. Figure 3-28 Not This �f Avoid running roads counter to steep grades. 2. Where road construction is allowed in hillside areas, the extent of vegetation disturbance and visual disruption should be minimized by the combined use of retaining structures and regrading to approximate the natural slope. The following techniques should be used where feasible. a. Utilize landform revegetation planting in order to create a natural appearance and provide a sense of privacy. b. Reduce the visual and safety impacts by use of terraced retaining walls and landscaping. Diamond Bar Development Code Article III -Site Planning 1998 III-53 Hillside Management 22.22 c. Split roadways increase the amount and appearance of landscaping and the median can be used to handle drainage. (Figure 3-29) No Parking earG: a rL • Roadway Separa e Sidewalk Stabilize and reforest distributed banks. Parking Bay SpliSection Roadway Possible Trail Roadway Figure 3-29 Split Section Roadway Sidewalk Steep Slopes Steep Slopes Flatter Slope Diamond Bar Development Code Article III -Site Planning July 21,1998 III-54 Hillside Management 22.22 This Round off cut slope to conform to the natural contour of the hill. • • r Round off cut slopes. Remove small knobs on roadway cut to conform to the natural grade. Round off cut slopes. Split roadway sections to accommodate grade change. Not This Unnatural edge condition. Cut slope into hillside. Cut too steep for plants to become established. Knob remaining from roadway cut. '. Roa Mass grading to accommodate one level arterial highway. 3-30 Figure 3. Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking and biking uses. They can also function as a means to convey drainage. 4. In hillside areas, it is not always necessary to provide full improvements for trails. A more natural experience maybe achieved, and the amount of grading required can be reduced, by providing minimal improvements in appropriate areas (e.g., undevelopable, steep slopes and wildlife migration corridors). Diamond Bar Development Code Article III -Site Planning III-55 July 21,1998 Hillside Management 22.22 22.22.110 - Site Design A. Site design standards, The dimensions of a structure parallel to the direction of the slope shall be maximized in order to limit the amount of cutting and filling and to better fit the house to the natural terrain. (Figure 3-31) This Tertaeed decks do not ' increase building bulk. . Effective Bulk Building correctly fits' into the ground and WSAAAWS minimizes the effect on the hillside. Use low level decks and side---�'�"._= decks. Terracing reduces bulk. Smaller overhangs for individual floors or windows help break up mass and protect against excessive sunlight. B. Site design guidelines. Not This Effective Bulk ; Effective Butk Figure 3-31 a Overhanging decks make buildings seem more massive. High profile building stands out on the hillside. Avoid decks hanging from the downhill side. Cantilever makes building appear taller, more monumental. Excessive roof ovefiang results in additional visuaI bulk. 1. Design of building sites should be sensitive to the natural terrain. Structures should be located in ways as to rn;n;m;�e necessary grading and to preserve natural features (e.g., knolls or gddelines). (Figure 3-32) 2. Views of significant visual features as seen from both within and outside a hillside development should be preserved. The following provisions shall be taken into consideration: a. Dwellings should be oriented to allow view opportunities, even if views are limited. Residential privacy should not be unreasonably sacrificed. b. Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected and enhanced where feasible. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-56 Hillside Management 22.22 c. Over -emphasized vertical structures disrupt the natural silhouette of the hillside. Structures should fall below the top of ridge elevation. (Figure 3-20) 3. Projects should incorporate variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents. (Figure 3-32) This Not This Figure 3-32 22.22.120 -Architecture A. Architecture standards. 1. The maximum structure height shall be 35 feet as measured from natural or finished grade at the from setback, extending towards the rear of the parcel. The maximum height at the side setback shall be 25 feet extending up to the center of the lot at a 45 degree angle to a maximum height of 35 feet as measured from natural grade or finished grade. (Figure 3-33) Downhill Section Figure 3-33 Street Elevation Diamond Bar Development Code Article III -Site Planning July 21,1998 III-57 Hillside Management 22.22 Large Roof Sections to Parallel the Average Slope i' Softening of Large , Vertical surfaces Building Envelope —� Maximum ight Limit He ` L� Not This' Rigid Vertical Element Figure 3-34 2. Structures shall be terraced to follow the natural slope. 3. Architectural treatment shall be provided to all sides of the structure visible from a public street. 4. Exterior structural supports and undersides of floors and decks not enclosed by walls shall be permitted provided fire safety and aesthetic considerations have been adequately addressed. 5. Exterior flood lighting for safety shall be located and shielded so as not to shine on adjacent properties. Decorative lighting to highlight a structure is allowed when properly shielded. B. Architecture guidelines. 1. The form, mass, and profile of the individual structures and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques that should be considered include. (Figure 3-35) a. Split pads, stepped footings, and grade separations to permit structures to step up the natural slope. b. Detaching parts of a dwelling (e.g., garage). c. Avoid the use of gable ends on downhillelevations. The slope of the roof should be oriented in the same direction as the natural slope and should not exceed natural slope contour by 20 percent. 2. Avoid excessive cantilevers on downhill elevations. 3. Excavate underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the structure shall be minimized through a combined use of regrading and landscaping techniques. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-58 Hillside Management 22.22 4. Use roofs on lower levels for open space decks for upper levels. (Figure 3-35) This Large roof areas broken up. Use of natural materials and window placement in small increments create small scale patterns. Break up massing of structural elements to more closely approximate the natural slope. Stone foundations and retaining walls relate to the ground. Figure 3-35 Not This Massive roof area is very visible in contrast to the natural slope. Large facade of one material. 5. Use building materials and color schemes that blend with the natural landscape of earth tones and natural chaparral vegetative growth. 6. Minimize the width of a structure measured in the direction of the slope to limit the amount of cutting and filling and to better "fit" the structure to the natural terrain. (Figure 3-36) This Building pulls back from steeper slopes and ravines on the hillside. Minor building protrusions perpendicular to' the contours are acceptable when inset in hillside. Building is parallel with the contours. Figure 3-36 Not This Building is perpendicular to the contours. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-59 Hillside Management 22.22 22.22.130 - Fences and Landscaping A. Fences and landscaping standards. 1. Walls and fencing, not exceeding six feet in height, visible from roadways or public rights -of -way shall be visually open and nonopaque. The Director may waive this requirement for noise impacted sites. 2. Privacy walls and fences, not exceeding six feet in height, are allowed adjacent to structures, in order to provide private outdoor areas. Walls and fences shall use materials and colors compatible with the structure's facade. 3. Native or naturalized plants or other plant species that blend with the landscape shall be utilized in all areas with required planting in compliance with Section 22.24,050 (Landscape Standards). 4. Fire retardant plant materials shall be utilized in compliance with Section 22.22.140 (Fire Protection Standards). Plants selected as ground cover, shrubs, or trees shall be from a list approved by the City. 5. A permanent landscape and irrigation system, for purposes of establishing and maintaining required planting, shall be installed on all slopes. The emphasis shall be toward using plant materials that will eventually need minimal irrigation. Water and energy conservation techniques shall be utilized, including drip irrigation, reclaimed water, and Xeriscape. This No effective bulk. Planting pockets on stepped retaining wall allow screen planting at several levels. Figure 3-37 Not This No planting possible due to toe of retaining wall. Large concrete retaining wall surfaces can be seen for miles and take years to conceal with planting and trees. 6. Landscaping shall be used to screen views of down slope building elevations. When the structure height exceeds 20 feet from finished grade on a down slope, additional landscaping is required and a landscaping plan shall be submitted for review with the submittal package. Diamond Bar Development Code Article IIL -Site Planning July 21,1998 III-60 Hillside Management 22.22 7. Slopes with required planting shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where required by the City, jute netting shall be used to help stabilize planting and minimize soil erosion. 8. Native vegetation shall be retained and supplemented within undeveloped canyons and along natural drainage courses as allowed by State and Federal resources agencies (State Department of Fish & Game, U. S. Fish and Wildlife, U. S. Army Corps of Engineers). This Not This �C kk Planting Naturally Follows �. the Average Slope '" a o.,.,, � l.4• . sr�.'.£liG • ?'`• open See-Thru 1 .� 3 y .� at • , ^;, Fencing Blends Into at : t ' � - the Natural Environment ` at 40Highly Visible Solid Wall ��'•'*' S06 creening Required Clear Cut Separation Transition Area Between Natural Condition and Developed Area With No Transition Figure 3-38 B. Fencing and landscaping guidelines. Large Retaining Walls N\ reeving 1. Use natural landform planting to soften manufactured slopes, reduce impact of development on steep slopes or ridelines, and provide erosion control. 2. Maintain a revegetative backdrop by replanting with approved trees. The vegetation should reduce the impact of the structures to the extent possible at maturity and preserve the appearance of the natural hillside. ar .,KNOWr� \ Typical Building Clustering Figure 3-39 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-61 Hillside Management 22.22 3. Use landform grading to replicate the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform-graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. (Figure 344) 4. Slope down -drain devices should be designed to either follow "natural" lines of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas should be treated with natural rock. 5. Landscaping should become a "revegetation" process and be applied in patterns that occur in nature: trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. (Figure 3-41) This Not This Landform Planting Skyline Planting 000tooto ��A 1, 1' 3 ._ Plant Material x' to , Irregular visual plane in cross-section. This Landiorrn Revegetation Figure 3-40 Conventional Planting '. Uniform visual plane in cross-section. Not This Conventional Landscaping 1 o� \� Trees and shrubs spaced for uniform coverage. Groundeover only for convex areas. Trees and shrubs clustered in concave areas. Larger species at bottom. Figure 3-41 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-62 Hillside Management 22.22 22.21140 - Fire Protection Standards A. Development shall be constructed to reduce the potential for spread of brushfire. 1. In the case of a conflict where more restrictive provisions are contained in the Uniform Building Code or in the Fire Code, the more restrictive provisions shall prevail. 2. Roofs shall be covered with noncombustible materials as defined in the Building Code. Open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames. 3. Exterior walls shall be surfaced with noncombustible or fire resistant materials. 4. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction or shall be protected by fire-resistant material in compliance with the Building Code. B. All development shall be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the Fire Marshal. C. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable Building and Fire Codes and a Fire Hazard Analysis Study developed by the Fire Marshal. Irt the event abatement is not performed, the Council may instruct the Fire Marshal to give notice to the owner of the property upon which the condition exists to correct the prohibited condition. If the owner fails to correct the condition, the Council may cause the abatement to be performed and make the expense of the correction a lien on the property upon which the conditions exist. D. Fuel modification areas shall incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. E. If the Fire Marshal determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, the Fire Marshal may suspend enforcement and require reasonable alternative measures designed to advance the purposes of this Chapter. F. Special construction features may be required in the design of structures where site investigations confirm potential geologic hazards. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-63 Hillside Management 22.22 22.22.150 -Evaluation of Conditional Use Permit Application The Commission shall evaluate a Conditional Use Permit application for hillside development based on the following objectives and the required findings for Conditional Uses in compliance with Chapter 22.58: (Conditional Use Permits). A. The preservation of natural topographic features and appearances by means of landforTn grading so as to blend manmade or manufactured slopes into the natural topography; B. The preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites; C. The retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas; D. The preservation and enhancement of prominent landmark features, significant ridgelines, natural rock outcroppings, protected trees and woodlands (Chapter 22.38 - Tree Preservation and Protection), and other areas of special natural beauty; E. The utilization of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain; F. The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; G. The utilization of building designs, locations, and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; H. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and I. The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-64 CHAPTER 22.24 - LANDSCAPING STANDARDS Sections. 22.24.010 - Purpose 22.24.020 - Applicability 12.24.030 - Landscape Plan Requirements 22.24.040 - Landscape Area Requirements 22.24.050 - Landscape Standards 22.24.060 - Waiver or Modification of Requirements 22.24.010 -Purpose The purpose of this Chapter is to achieve the following: A. Enhance the aesthetic appearance of development throughout the City by providing standards related to the quality, and functional aspects of landscaping; B. Increase compatibility between abutting land uses and public rights -of -way by providing landscape screening and buffers; C. Provide for the conservation of water resources through the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas; and D. Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety. 22.24.020 -Applicability A. All projects that require approval of either an administrative land use permit or a discretionary land use permit shall provide and maintain landscaping incompliance with the provisions of this Chapter. Standards for the provision of landscaping within the public right-of-way in conjunction with a development project are located in Title 21, Chapter 21.30. (Subdivision Design and Improvement Standards). B. Landscape plans, and plans for the ornamental use of water, including but not limited to lakes, ponds and fountains, shall be submitted to the Department for review for compliance with the requirements of this Chapter. Landscaping shall not be installed until the applicant receives approval of the final landscape plan. Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-65 Landscaping Standards 22.24 22.24.030 -Landscape Plan Requirements A. Preliminary Landscape Plan. A Preliminary Landscape Plan shall be submitted as part of an application for a land use entitlement, for new development, and the significant expansion or redevelopment of an existing use as determined by the Director. B. Final Landscape Plan. Following approval %J the land use entitlement, a Final Landscape Plan shall be submitted as part of the application for a Building Permit. Final plans shall be approved by the Director prior to the start of on -site construction or soil disturbance and prior to the issuance of a Building Permit. Projects requiring Commission approval due to their size or use shall require plans be prepared by a licensed landscape architect or licensed contractor. Evidence shall also be provided that a licensed landscape contractor will be responsible for plant and irrigation installation. C. Content. Preliminary Landscape Plans and Final Landscape Plans shall contain information as specified in the instructions for preparing landscape plans, provided by the Department. D. Review and approval. After initial application, the Director shall review each Preliminary Landscape Plan and Final Landscape Plan to verify its compliance with the provisions of this Chapter. E. Statement of surety. When required by the Director, a statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to 120 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a two-year period. The Director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all of a project's landscaping before occupancy of the site. Statements of surety may also be required by the Director in conjunction with the approval of a Tree Removal Permit in compliance with Section 99.38.050 (Tree Removal Permit and Tree Pruning Permit). 22.24.040 -Landscape Area Requirements Landscaping shall be provided in the locations and amounts specified in this Chapter. A. General requirements. Landscaping shall be provided as follows: 1. Setbacks. All setback and open space areas required by this Development Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Chapter. 2. Unused areas. All areas of a project site not intended for a specific use shall be landscaped unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Chapter. Vacant pad sites within a shopping center that Diamond Bar Development Code Article III -Site Planning July 21,1998 III-66 Landscaping Standards 22.24 are to be developed in the future shall be landscaped to control dust and improve the appearance of the site. 3. Parking areas. Parking areas shall be landscaped as required by Chapter 22.30 (Off - Street Parking and Loading Standards). Parking lot landscaping, including perimeter screening, shall not be included to meet the landscape requirements of this Chapter. 4. Pools and patios. The surface area of a permanent swimming pool or spa, or uncovered patio may be included to meet open space requirements for multi -family B. Specific zone landscaping requirements. Each development shall provide and maintain landscaped areas in compliance with Table 3-6 for the applicable zoning district. Landscaped areas are in addition to the landscaping required by Subsection A, above., and in addition to any pedestrian -oriented open space (e.g., plazas, courtyards, etc.). Additional landscaping may be required through the Development Review process to provide visual relief or contrast, or to screen incompatible features. All required landscaping, irrigation, and equipment shall be installed prior to final inspection unless a bond or other surety is provided in compliance with Section 22.24.030.E (Statement of surety). C. New single-family residences. New single-family developments shall provide landscaping with an automatic irrigation system for the area of the site between the street curb and the front of the structure from side property line to side property line. The landscape design shall include trees, shrubs, and ground cover and shall emphasize water -conserving plant materials and irrigation to the greatest extent feasible. Turf areas shall be limited to 50 percent of the total landscaped area. Common hillside slope areas shall be landscaped in compliance with Chapter 22.22 (Hillside Management). MINIMUM LANDSCAPED AREA BY ZONING DISTRICT Diamond Bar Development Code Article III -Site Planning July 21,1998 III-67 Landscaping Standards 2224 22.24.050 = Landscape Standards Landscape areas and materials shall be designed, installed, and maintained as provided by this Section. A. General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans: 1. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned; 2. Pedestrian access to sidewalks or structures should be considered in the design of all landscaped areas; 3. Landscape planting shall be provided for all adjacent public rights -of -way, in compliance with Title 21, Chapter 21.30 (Subdivision Design and Improvement Standards); 4. Landscaping shall be provided throughout parking areas in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards); 5. Landscaping adjacent to driveways and parking shall be protected from vehicle damage through the provision of minimum six-inch high concrete curbs or other types of barriers as approved by the Director; 6. Landscaped planter areas shall have a mir,;mum inside width of five feet where trees are provided and three feet where turf or shrubs are provided; 7. Landscaped areas shall be irrigated in compliance with Subsection C. below; 8. Hardscaped areas shall be kept to the minimum required to provide efficient pedestrian circulation through a required landscaped area; and 9. Where walls or fences are provided as required screening, a minimum 10-foot wide landscaped area shall be located on the residential side. If the commercial side of the wall or fence is visible from a street or adjacent property, a five-foot wide landscaped area shall be provided adjacent to the wall or fence. If adjacent to a parking area, that area may be counted towards required interior parking lot landscaping. B. Plant materials. Plant materials shall be selected and installed to comply with the following requirements: 1. A mix of plant materials shall be provided incompliance with Table 3-7. Calculations documenting the required mix shall be shown on the landscape plan; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-68 Landscaping Standards 22.24 TABLE 3-7 REQUIRED MIX OF PLANT MATERIALS Trees* 24-inch box I 20% 15 gallon I 80% Shrubs 5 gallon 70% 1 gallon (herbaceous only) 30% Groundcover Coverage within 2 years � 100% *Not to be used for compliance with Chapter 22.38 (Tree Preservation and Protection) 2. Plant materials shall emphasize drought -tolerant and/or native species in compliance with Subsection D (water conservation), below; 3. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic safety sight areas; 4. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements; 5. Ground cover shall be of live plant material. Gravel, colored rock, bark, and similar materials may be used in combination with a living ground cover. Nonplant materials may be approved for use in limited areas through the Development Review process (Chapter 22.48); and 6. If existing landscaping is to be retained, a note shall be provided on the plan stating that "any existing landscaping indicated on the approved landscape plan for retention that is damaged or removed during construction shall be repaired or replaced subject to the approval of the Director." 7. Incorporate drought tolerant deciduous vines, trellises, and canopies to shade south and westward facing walls, to cool them in summer months. 8. Locate trees and hedges planted close to buildings so as to channel beneficial cooling breezes through openings. C. Irrigation. Landscaped areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas and in compliance with the following standards. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-69 Landscaping Standards 22.24 1. Equipment. a. Anti -drain valves. Integral, under the head, or in -line anti -drain valves shall be installed as needed to prevent low head drainage. b. Automatic control valves. Different hydrozones shall be irrigated by separate valves. c. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Automatic controllers shall be digital, have multiple programs, multiple cycles, and have sensor input capabilities. d. Rain/moisture sensor devices. Rain or moisture sensing override devices may be required where appropriate. e. Sprinkler heads. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, and adjustment capability. Sprinklers shall have matched precipitation/application rates within each control valve circuit. f. Water meters. Separate landscape water meters or sub -meters may be required for projects where service includes both landscape and nonlandscape. Landscape sub -meters, if used, shall be purchased, installed and maintained by the owner. g. Drip irrigation. Drip irrigation systems may be approved if commercial or agricultural grade materials are used. Components shall be installed below the soil except for emitters. 2. Runoff and overspray. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non irrigated areas, walks, roadways or structures. 22.24.060 -Waiver or Modification of Requirements A. Director to approve. The Director may approve waivers from or modifications to the requirements of this Chapter limited to the following: 1. Minor modifications to approved landscaping or irrigation plans that comply with the spirit and intent of these regulations, including, but not limited to, revising or substituting plant varieties, container sizes, plant locations, irrigation specifications, hardscape components, berm heights, berm locations, slope features, and similar changes; 2. Modifications of planting, installation and/or soil preparation details; and 3 . Occupancy of structures prior to installation of landscaping due to exceptional and unforeseen circumstances when a bond or other surety is provided in compliance with Section 22.24.030.E. (Statement of suret)r). Diamond Bar Development Code Article III -Site Planning July 21,1998 III-70 Landscaping Standards 22.24 B. Conditions for waivers. In granting a waiver, the Director may impose conditions as deemed necessary to comply with the spirit and intent of these regulations. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-71 Landscaping Standards 22.24 Diamond Sar Development Code tlrticle III -Site Planning July 21,1998 III-72 CHAPTER 22.26 "WATER EFFICIENT LANDSCAPE Sections: 22.26.010 -Purpose 22.26.020 - Applicability 22.26.030 - Landscaping Documentation 22.26.040 - Elements of Landscape Documentation Package 22.26.050 - Water Efficient Landscaping Criteria 22.26.060 - Existing Landscapes 22.26.070 - Public Education 22.26.010 - Purpose These regulations are established -in order to provide minimum standards and guidelines for the design and installation of "landscaping and irrigation systems within specified development projects. The primary intent is to enhance the visual quality of the environment through suitable landscape design, planting and maintenance, and therefore to recognize and encourage water conservation principles and techniques in landscaping. 22.26.020 - Applicability These regulations apply to new and rehabilitated landscaping in conjunction with a development project, for which landscaping is required, with the following exceptions: A. Homeowner- provided landscaping at single-family and residential projects; B. Cemeteries, � " C. Historical sites registered with the City D. Ecological restoration projects that do not require a permanent irrigation system; E. Public land or a publicly owned facility; F. Projects with a landscaped area less than 2,500 square feet; G. School play yards; H. Child-care facility play yards; and I. Golf courses. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-73 Water Efficient Landscape Standards 22.26 22.26.030 -Landscape Documentation A. Submittal required. A landscape documentation package in compliance with Section 22.26.040 below shall be submitted. No Building Permit or land use permit shall be issued until the Director reviews and approves the landscape documentation package. B. Copy of package to be provided. A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and other related information. C. Elements to be included. Each landscape documentation package shall include the following elements. 1. Landscape design plan; 2. Irrigation design plan; 3. Certificate of substantial completion (To be submitted after installation of the project); and 4. Other information as deemed necessary by the Director, including, but not limited to, a grading design plan and/or soil analysis. 22.26.040 -Elements of Landscape Documentation Package A. Landscape design plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package. 1. Plant selection and grouping. a. Plants having similar water use shall be grouped together in distinct hydrozones. b. Plants shall be selected appropriately based upon their adaptability to the climatic, geological, and topographical conditions of the site. Protection and preservation of native species and natural areas is required in compliance with Chapter 22.38 (Tree Preservation) and Chapter 22.22 (Hillside Management). c. A list of recommended planting materials shall be kept on file with the Department and made available upon request. Alternative materials may be used when the overall landscape plan conforms with the intent of this Chapter. d. Fire prevention needs shall be addressed in areas that are fire prone. e. Overall, the landscape design plan shall provide for a water efficient landscape concept. f. Where possible, the use of mulch is encouraged in landscape areas to improve the water -holding capacity of the soil by reducing evaporation and soil compaction. Diamond Sar Development Code Article III -Site Planning July 21, 1998 III-74 Water Efficient Landscape Standards 22.26 2. Water features. a. Recirculating water shall be used for decorative water features. b. Pool and spa covers are encouraged. 3. Landscape design plan requirements. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies the following. a. Designation of hydrozones and a description of water usage within each hydrozone (i.e., low, moderate, and high irrigation water requirements); b. Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn. Plants shall be labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated; c. Property lines and street names; d Streets, driveways, walkways, and other paved areas; e. Pools, ponds, water features, fences and retaining walls. f. Existing and proposed structures, including pad elevations if applicable. g. Natural features including, but not limited to, rock outcroppings and existing trees and shrubs that will remain; h. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; i. A calculation of the total landscaped area and percentage of turf area; and j. Designation of recreational areas. B. Irrigation design plan. An irrigation design plan in compliance with the following requirements shall be submitted as part of the landscape documentation package. 1. Water efficiency. The irrigation design plan shall provide for a water efficient irrigation system. 2. Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions. Appropriate irrigation equipment and schedules shall be used to closely match application rates to infiltration. Special attention shall be given to avoid runoff on slopes and overspray in narrow planting areas and median strips. Diamond Bar Development Code Elriicle III -Site Planning July 21,1998 III-75 Water Efficient Landscape Standards 22.26 3. Equipment. a. Water meters. Separate landscape water meters are required for all projects except single-family homes and projects with a landscaped area less than 5,000 square feet. b. Controllers. Automatic controllers are required for all irrigation systems and shall be able to accommodate all aspects of the design. c. Valves. Plants that require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti -drain (check) valves shall be installed at strategic points to minimize or prevent low -head drainage. d. Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. e. Rain -sensing override devices. Rain -sensing override devices are required on all irrigation systems. f. Soil moisture sensing devices. Soil moisture sensing devices shall be considered where appropriate. 4. Irrigation design plan specifications. The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan. Irrigation systems shall be designed to be consistent with hydrozones. The irrigation design plan shall accurately and clearly identify the following: a. Location and size of separate landscape water meters; b. Location, type, and size of all components of the irrigation system including, but not limited to, automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices; c. Static water pressure at the point of connection to the public water supply; d. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station; and e. Estimated annual water use expressed in inches per square foot of landscape area per year. Diamond Bar Development Code Arhicle III -Site Planning July zi, i99s III-76 Water Efficient Landscape Standards 22.26 3. Certificate of substantial completion. Prior to the issuance of a Certificate of Occupancy, the project proponent shall submit a certificate of substantial completion utilizing forms provided by the Department. The certificate of substantial completion shall include results of a static water test and a water coverage test to determine the adequacy of the installed irrigation system. 22.26.050 -Water Efficient Landscape Criteria Landscape and irrigation plans shall be reviewed for compliance with the water efficient landscape criteria outlined below. These comprise a point system with points awarded for both landscape and irrigation techniques. A minimum of 100 points shall be achieved in each technique category in order for the Director to approve the landscape and irrigation plans. TABLE 3-8 WATER EFFICIENT LANDSCAPE CRITERIA Water conserving plants, and/or plants 40 native to hot/dry summers, utilized in 75 percent of the total plant area of the landscape. 01 Turf limited to 30 percent of the total landscape area in residential projects; 20 percent of the total landscape in all other projects. In no case shall turf make up more than 50 percent of the total landscape. Use of creative, thoughtful, and diverse hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them. Mulch utilized in the landscape 3 inches minimum. Hardscape, or nonirrigated surfaces used in at least 10 percent of the total landscape. Where turf is utilized, the use of a proven water -conserving turf. Soil amendments to improve water holding capacity of soil incorporated into soil preparation details. 30 10 10 10 Diamond Bar Development Code Article III -Site Planning july 21,1998 III-77 Water Efficient Landscape Standards 22.26 TABLE 3-8 (CONTINUED) WATER EFFICIENT LANDSCAPE CRITERIA The total amount %J irrigation water applied 40 to all landscape areas does not exceed 42 inches per square foot of landscape area per year.* Low-water volume irrigation system. � 20 Automatic irrigation system adjusted 20 seasonally and with watering hours between 7:00 p.m. and 10:00 a.m. Irrigation system designed to water different 20 areas of the landscape based on watering need (drip/trickle for shrubs, separate valves, etc.). Sensitive to slope factors. � 10 Soil moisture sensors used in conjunction ( 10 with the automatic irrigation system. Rain sensors used in conjunction with I 10 the automatic irrigation system. Wind sensors used in conjunction with the ( 10 automatic irrigation system. Recommended annual imgation schedule for I 10 informational purposes. Use of reclaimed or recycled water. 60 * This amount is based upon a formula established by the State Department of Water Resources which states the maximum applied water budget for landscapes in the San Gabriel Valley region should be 80 percent of the annual evapotranspiration (53 inches per year). Therefore: 0.80 x 53 inches = 42 inches. 22.26.060 -Existing Landscapes A. Water waste prohibited. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures is prohibited. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-78 Water Efficient Landscape Standards 22.26 B. Maintenance required. Landscape areas shall be maintained in a healthful and sound condition. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of these regulations. C. Maintenance schedule. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing, pruning; and weeding in all landscaped areas. 22.26.070 -Public Education A. Developers of residential units shall provide information to prospective buyers of new homes regarding water efficient landscaping techniques. B. Developers of nonresidential units shall provide information to prospective buyers or tenants regarding water efficient landscaping techniques. Diamond Bar Development Code Article III -Site Planning July Zi, i99s III-79 Water Efficient Landscape Standards 22.26 Diamond Bar Development Code Article III -Site Planning July 21,1998 III-80 Chapter 22.28 - Noise Control Sections: 22.28.010 -Purpose 22.28.020 - Declaration of Policy 220280030 - Enforcement of Regulations 22.28.040 - Initial Violations 226280050 - Activities Exempt from Regulations 226280060 - Decibel Measurement 22.28.070 - Noise Zones Designated 22.28.080 - Exterior Noise Standards 22.28.090 - Interior Noise Standards for Residential Uses 22.28.100 - Correction for Certain Types of Sounds 22.28.110 - Measurement Methods 22.28.120 - Acts Deemed Violations of Chapter 22.28.130 - Delay in Compliance 22.28.010 -Purpose The purpose of this Chapter is to establish standards in order to protect the health, safety, welfare, and living/working environments of those living and working in the City. 22.28.020 - Declaration of Policy Excessive noise levels are detrimental to the health and safety of individuals. Noise is considered a public nuisance and the City discourages unnecessary, excessive or annoying noises from all sources. Creating, maintaining, causing or allowing to be created, caused or maintained any noise or vibration in a manner prohibited by the provisions of this Chapter is a public nuisance and shall be punishable as a misdemeanor. 22.28.030 -Enforcement of Regulations The Director shall have responsibility for the enforcement of the noise regulations contained in this Chapter. The Director shall make all noise -level measurements required for the enforcement of this Chapter. 22.28.040 -Initial Violations Irl the event of an initial violation of the provisions of this Chapter, a written notice of violation shall be given the alleged violator, specifying the time by which the condition shall be corrected or an application for permit or variance shall be filed. No further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-81 Noise Control 22.28 22.28.OSO - Activities Exempt from Regulations The following activities shall be exempt from the provisions of this Chapter: A. Emergency exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work. B. Warning device. Warning devices necessary for the protection of public safety, (e.g., police, fire and ambulance sirens, and train horns). C. Outdoor activities. Activities conducted on public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events. D. Motion picture production and related activities. Activities in connection to production of motion pictures. E. Railroad activities. All locomotives and rail cars operated by any railroad which is regulated by the State Public Utilities Commission, F. Federal or State pre -exempted activities. Any activity, to the extent regulation thereof has been preempted by State or Federal law. G. Public health and safety activities. All transportation, flood control, and utility com- pany maintenance and construction operations at any time on public right-of-way, and those situations that may occur on private real property deemed necessary to serve the best interest of the public and to protect the public's health and well being, including, but not limited to, street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, sewers, etc. H. Motor, vehicles on public right-of-way and private property. All legal vehicles of transportation operating in a legal manner in compliance with local, State and Federal vehicle -noise regulations within the public right-of-way or air space, or on private property. I. Minor maintenance to residential real property. Noise sources associated with the minor maintenance of residential real property, provided the activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. 22.28.060 -Decibel Measurement Decibel measurements made in compliance with the provisions of this Chapter shall be based on a reference sound -pressure of 20 micropascals, as measured with a sound level meter using the A -weighted network (scale) at slow response, or at the fast response when measuring impulsive sound levels and vibrations. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-82 Noise Control 22.28 22.28.070 - Noise Zones Designated Receptor properties described in this Chapter are assigned to the following noise zones: A. Noise zone I, noise -sensitive area; B. Noise zone II, residential properties; C. Noise zone III, commercial properties; and D. Noise zone IV, industrial properties. 22.28.080 -Exterior Noise Standards A. Standards for noise zones. Unless otherwise provided in this Chapter, the following exterior noise standards shall apply to all receptor properties within a designated noise zone: TABLE 3-9 EXTERIOR NOISE STANDARDS I INoise-sensitive area II � Residential properties III � Commercial properties IV � Industrial properties Anytime � 45 10:00 p.m. to 7:00 a.m. 45 (nighttime) 7:00 a.m. to MOO p.m. 50 (daytime) 10:00 p.m. to 7:00 a.m. 55 (nighttime) 7:00 a.m. to 10*00 p.m. 60 (daytime) Anytime I 70 B. Noise standards. No person shall operate or cause to be operated, a source of sound location within the City or allow the creation of a noise on property owned, leased, occupied, or otherwise controlled by a person that causes the noise level, when measured on any other property to exceed the following exterior noise standards. 1. Standard No. 1. Standard No. 1 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 30 minutes in any hour. Standard No. 1 shall be the applicable noise level from Subsection A; or, if the ambient L50 exceeds the foregoing level, then the ambient L50 becomes the exterior noise level for Standard No. 1. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-83 Noise Control 22.28 2. Standard No. 2. Standard No. 2 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 15 minutes in any hour. Standard No, 2 shall be the applicable noise level from Subsection A, plus 5dB; or, if the ambient L,. exceeds the foregoing level, then the ambient L25 becomes the exterior noise level for Standard No. 2. 3. Standard No. 3. Standard No. 3 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 5 minutes in any hour. Standard No. 3 shall be the applicable noise level from Subsection A, plus 10dB; or, if the ambient L8.3 exceeds the foregoing level, then the ambient 1.83 becomes exterior noise level for Standard No. 3. 4. Standard No. 4. Standard No. 4 shall be the exterior noise level that may not be exceeded for a cumulative period of more than one minute in any hour. Standard No. 4 shall be the applicable noise level from Subsection A, plus 15dB; or, if the ambient L,.7, exceeds the foregoing level, then the ambient 1,17 becomes the exterior noise level for Standard No. 4. 5. Standard No. 5. Standard No. 5 shall be the exterior noise level that may not be exceeded for any period of time. Standard No. 5 shall be the applicable noise level from Subsection A, plus 2OdB, or, if the ambient Lo exceeds the foregoing level then the ambient L,,,, becomes the exterior noise level for Standard No. 5. C. Noise at zone boundaries. If the measurement location is on a boundary property between two different zones, the exterior noise level used in Subsection B to determine the exterior standard shall be the arithmetic mean of the exterior noise levels, as specified in Subsection A, of the subject zones. Except as provided for in this Subsection, when an intruding noise source originates on an industrial property and is impacting another noise zone, the applicable exterior noise level as designated in Subsection A shall be the daytime exterior noise level for the subject receptor property. D. Measurement of ambient noise histogram. The ambient noise histogram shall be measured at the same location along the property line utilized in Subsection B of this Section, , with the alleged intruding noise source inoperative. If for any reason the alleged intruding noise source cannot be turned off, the ambient noise histogram will be estimated by performing a measurement in the same general area of the alleged intruding noise source but at a sufficient distance so that the noise from the alleged intruding noise source is at least 10 dB below the ambient noise histogram. If the difference between the ambient noise histogram and the alleged intruding noise source is 5 to 10 dB, then the level of the ambient noise histogram itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the alleged intruding noise source. E. Abatement notice in lieu of citation. If the intrusive noise exceeds the exterior noise standards provided in Subsections B and C of this Section at a specific receptor property and the Director has reason to believe that this violation was unanticipated and due to abnormal atmospheric conditions, the Director shall issue an abatement notice in lieu of a citation. If the specific violation is abated, no citation shall be issued. If the specific violation is not abated, the Director may issue a citation. Diamond Bar Development Code Article III -Site Planning july 21,1998 III-84 Noise Control 22.28 U.28.090 - Interior Noise Standards for Residential Uses A. Noise standards for residential units. No person shall operate or cause to be operated within a residential unit, any source of sound, or allow the creation of any noise, that causes the noise level when measured inside a neighboring receiving residential unit to exceed the following standards: 1. Standard No. 1. 'The applicable interior noise level kom Subsection B, for a cumulative period of more than 5 minutes in any hour; 2. Standard No. 2. The applicable interior noise level from Subsection B, plus 5 dB for a cumulative period of more than one minute in any hour; or 3. Standard No. 3. The applicable interior noise level from Subsection B, plus 10 dB or the maximum measured ambient noise level for any period of time. B. Interior noise levels. The following interior noise levels for residential dwellings shall apply within all single-family and dwellings with windows in their normal seasonal configuration. Noise Zone Designnated Land Use Allowable Interior Noise Level�dB) All Residential 40 If the measured ambient noise level reflected by the L� exceeds that permissible within any of the interior noise standards in Subsection 22.28.080.A. (Standards for noise zones), the allowable interior noise level shall be increased in 5 dB increments in each standard as appropriate to reflect the ambient noise level (L5c,). C. Residential design requirements. 1. Whenever a residential project is to be developed on a site where the existing exterior ambient noise level exceeds 65 dBA, a detailed analysis of noise reduction requirements shall be made and the developer shall incorporate noise mitigation features into the design of the structure(s) that will ensure interior noise levels at, or below, 40 dBA. 2. All residential developments shall consider the following noise mitigation measures whenever appropriate: a. Increase the distance between the noise source and receiver; b. Locate land uses not sensitive to noise (i.e., parking lots, garages, utility areas, etc.) between the noise source and the receiver; c. Locate bedrooms on the side/rear of the structure away from major rights -of - way; and Diamond Bar Development Code Article III -Site Planning July 21,1998 III-85 Noise Control 22.28 d. Provide quiet outdoor spaces in multifamily projects next to a noisy right-of-way by creating a U-shaped development that faces away from the noise source. 22.28.100 - Correction for Certain Types of Sounds For any source of sound that emits a pure tone or impulsive noise, the noise levels provided in Sections 22.28.080 (Exterior noise standards) and 22.28.090 (Interior noise standards) shall be reduced by 5 decibels. 22.28.110 -Measurement Methods A. A -weighting scale. The noise level shall be measured at positions on the receiver's property utilizing the A -weighting scale of the sound -level meter and the slow meter response (use fast response for impulsive type sounds). B. Microphone location. The microphone shall be located four to five feet above the ground and 10 feet or more from the nearest reflective surface except in those cases where another elevation is deemed appropriate. C. Interior noise. Interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source, with windows in their normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data. 22.28.120 -Acts Deemed Violations of Chapter The following acts are a violation of this Chapter. A. Construction noise. 1. C►perating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and 7:00 a.m., or at any time on Sundays or holidays, so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities is prohibited. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-86 Noise Control zz.28 2. Construction activities shall be conducted in a manner that the maximum noise levels at the affected structures will not exceed those listed in the following schedule: a. Residential structures: 1) Mobile equipment. Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment shall be as follows: Daily, except Sundays and legal holidays, 7:00 a.m. to 8*00 p.m. 75dBA 80dBA 85dBA Daily, 8:00 p.m. to 7:00 a.m. and all day Sunday and legal holidays 60dBA 64dBA 70dBA 2) Stationary equipment. Maximum noise level For repetitively scheduled and relatively long-term operation (periods often days or more) of stationary equipment shall be as follows: Daily, except Sundays and legal holidays, 7:00 a.m. to 8*00 p.m. 60dBA 65dBA 70dBA Daily, 8:00 p.m. to 7:00 a.m. and all day Sunday and legal holidays 50dBA 55dBA 60dBA b. Nonstructures. Mobile equipment. Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: Daily, including Sundays and legal holidays, all hours: maximum of 85dBA. 3. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order. Diamond Bar Development Code Article III -Site Planning July 2111998 III-87 Noise Control 22.28 4. In case of a conflict between this Chapter and any other ordinance regulating construction activities, the provisions of a more specific ordinance regulating construction activities shall control. B. Forced -air blowers in tunnel car washes. Operating or permitting the operation of a forced -air blower in a tunnel car wash between the hours of 7:00 a.m. and 8:00 p.m. in a manner that exceeds the following sound levels is prohibited: ' Any point on contiguous receptor property, five feet above grade level, no closer than three feet from any wall: Residential Commercial /Industrial 65 dBA 55 dBA C. Loading and unloading operations. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 6:00 a.m. in a mariner to cause a noise disturbance is prohibited. D. Noise disturbances in noise -sensitive zones. Creating or causing the creation of a noise disturbance within a noise -sensitive zone is prohibited, provided that conspicuous signs are displayed indicating the presence of the zone. Noise -sensitive zones shall be indicated by the display of conspicuous signs in at least three separate locations within 500 feet of the institution or facility. E. Places of public entertainment. Operating, playing or permitting the operation or playing of a radio, television, phonograph, drum, musical instrument, sound amplifier or similar device that produces, reproduces, or amplifies sound in a place of public entertainment at a sound level greater than 95dBA, (read by the slow response on a sound level meter) at any point that is normally occupied by a customer is prohibited, unless conspicuous signs are located near each public entrance, stating "Warning: Sound Levels Within May Cause Hearing Impairment." F. Powered model vehicles. Operating or permitting the operation of powered model vehicles that create a noise disturbance across a residential property line, or within a noise -sensitive zone between the hours of 8:00 p.m. and 7*00 a.m. the following day is prohibited. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-88 Noise Control 22.2 3 G. Emergency signaling devices. 1. The intentional sounding or permitting the sounding outdoors of an emergency sig- naling device, including fire, burglar or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing is prohibited. 2. Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Testing shall use only the minimum cycle test time. Test time shall not exceed 60 seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Testing shall not occur before 7*00 a.m. or after 10:00 p.m. 3. Sounding or permitting the sounding of an exterior burglar or fire alarm, or motor vehicle burglar alarm is prohibited, unless the alarm is terminated within 10 minutes of activation. H. Stationary nonemergency signaling devices. Sounding or permitting the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes, from any place, for more than 10 consecutive seconds in any hourly period is prohibited. I. Refuse collection vehicles. 1. Operating or permitting the operation of the compacting mechanism of any motor vehicle that compacts refuse and which creates, during the compacting cycle, a sound level in excess of 85 dBA when measured at 50 feet from any point of the vehicle is prohibited. 2. Collecting refuse, or operating or permitting the operation of the compacting mechanism of a motor vehicle that compacts refuse between the hours of 10:00 p.m. and 6:00 a.m. the following day within 500 feet of a residential area or noise -sensitive zone is prohibited. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-89 Noise Control 22.28 J. Residential air conditioning or refrigeration equipment. Operating or permitting the operation of air conditioning or refrigeration equipment in a manner that exceeds the following sound levels is prohibited: Any point on neighboring property line, 5 feet above grade level, no closer than 3 feet from any 60 dBA 55 dBA wall. Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall. 55 dBA 50 dBA Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface. 55 dBA 50 dBA K. Street sales. Offering for sale, selling anything, or advertising by shouting or outcry within a residential or commercial area or noise -sensitive zone in the City is prohibited. L. Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause a noise disturbance across property lines or within a noise -sensitive zone is prohibited. M. Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property, or at 150 feet from the source if on a public space or public right-of-way is prohibited. The perception threshold shall be a motion velocity of 0.01 in/sec over the range of one to 100 Hertz. 22.28.130 -Delay in Compliance The Director may grant a delay in the compliance with the requirements of this Chapter for a period of not to exceed 60 days. The Planning Commission, upon conclusion of a public hearing, may grant a delay not to exceed one year, subject to any terms, conditions, or requirements to minimize adverse effects on the surrounding neighborhood. The Director or Planning Commission's decision may be appealed to the City Council. A delay in compliance may be granted only if one of the following conditions apply: A. Additional time is necessary for the applicant to alter or modify his activity, operation or noise source to comply with this Chapter; or B. The activity, operation or noise source cannot feasibly be done in a manner that would comply with the provisions of this Chapter, and no other reasonable alternative is available to the applicant at this time. Diamond Bar Development Code Article III -Site Planning July z1,199s III-90 CHAPTER 22.30 - OFF-STREET PARKING AND LOADING STANDARDS Sections: 22.30.010 -Purpose 22.30.020 - Applicability 22.30.030 - General Parking Regulations 22.30.040 - Number of Parking Spaces Required 22.30.050 - Reduction of Off -Street Parking Requirements for Shared Use 22.30.060 - Disabled/Handicapped Parking Requirements 22.30.070 - Development Standards for Off -Street Parking 22.30.080 - Driveways and Site Access 22.30.090 - Bicycle Parking 22.30.100 - Off -Street Loading Space Requirements 22.30.010 -Purpose The purpose of this Chapter is to provide off-street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring sufficient parking facilities to meet the needs generated by specific uses, B. Provide accessible, attractive, secure, and well -maintained off-street parking and loading facilities; C. Increase public safety by reducing congestion on public streets; D. Ensure access and maneuverability for emergency vehicles; and E. Provide loading and delivery facilities in proportion to the needs of allowed uses. 22.pin .020 -Applicability Every use, including a change or expansion of a use or structure shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed. 22.30.030 -General Parking Regulations A. Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve. The approval of a Temporary Use Permit may allow the temporary reduction of parking or loading spaces in compliance with Section 22.50.030 (Allowed Temporary Uses). Diamond Bar Development Code Article III -Site Planning July 21,1998 III-91 Off -Street Parking and Loading Standards 22.30 S. Parking and loading to be unrestricted. Owners, lessees, tenants or persons having control of the operation of a premises for which parking or loading spaces are required by this Chapter shall not prevent, prohibit or restrict authorized persons from using these spaces without prior approval of the Director. C. Vehicles for sale. Vehicles, trailers or other personal property shall not be parked on private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, and the person or business at that location is licensed to sell vehicles, trailers, or other personal property. However, one vehicle or trailer owned by the owner, renter, or lessee of the property may be displayed for the purpose of sale. 22.30.040 -Number of Parking Spaces Required Each use shall provide at least the minimum number of off-street parking spaces required by this Chapter, except where a greater number of spaces is required through land use entitlement approval or where an exception has been granted through approval of a discretionary permi dit. A. Parking requirements by land use. Each land use shall be provided the number of off- street parking spaces required by Table 340. Additional spaces may be required/approved through discretionary entitlement approval. B. Expansion of structure, change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces shall be provided in compliance with this Chapter. Also see Chapter 22.68 (Nonconforming Uses, Structures, and Parcels). C. Multi -tenant sites. A site with multi -tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as a recognized shopping center, the parking ratio shall be that required for the shopping center as a whole as provided in Table 340. When a multi -tenant shopping center includes uses whose parking requirements are greater than a typical shopping center (e.g., theaters, restaurants) additional parking shall be required unless a specific parking reduction is approved in compliance with Section 22.30.050 (Reduction of Off -Street Parking Requirements). D. Uses not listed. Land uses not specifically listed by Subsection A. (Parking requirements by land use), above, shall provide parking as required by the Director. The Director shall use the requirements of Subsection A. as a guide in determining the minimum number of off-street parking spaces to be provided. E. Excessive parking. Off-street parking spaces in excess of the requirements in Table 340 may be approved in conjunction with a discretionary entitlement, and when additional landscaping and pedestrian improvements are also provided. F. Bench or bleacher seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be not less than 18 inches of continuous bench space for the purpose of calculating the number of required parking spaces. Diamond Bar Development Code Article III -Site Planning July zi, i99s 111_92 Off -Street Parking and Loading Standards 22.30 G. Company -owned vehicles. The number of parking spaces required by this Chapter does not include spaces needed for the parking of company -owned vehicles. Parking spaces for company -owned vehicles shall be provided in addition to the requirements for a particular land use as provided in Table MO on the following page. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-93 Off -Street Parking and Loading Standards 22.30 TABLE 340 PARKING REQUIREMENTS BY LAND USE Land Use Type ManufaCurin Pxocessing and hicle>Spaces Required g Warehousen . General manufacturing, industrial and 2 spaces for each 1,000 sq.ft. of gross floor area processing uses for the first25,000 sq.ft.; and 1 space for each 1,000 sq.ft. thereafter. The gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices." Recycling facilities Determined by Conditional Use Permit. Research and development, laboratories 1 space for each 250 sq.ft. of gross floor area, plus 1 space for each company vehicle. Warehouses and storage facilities. 1 space for each 1,000 sq.ft. of gross floor area for the first 20,000 sq.ft., and 1 space for each 2,000 sq.ft. thereafter. The gross floor area shall include incidental office space comprising less than 10% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices." Wholesale and distribution operations not 1 space for each 1,000 sq.ft. of gross floor area used exclusively for storage, for the first 10,000 sq.ft., and 1 space for each 2,000 sq.ft. thereafter. The gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices." Continued on next page. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-94 Off -Street Parking and Loading Standards 22.30 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (CONTINUED) LandUse i'vne Recreation,: Educat on, Riblic>Assembl "chicle :S aces Tle uiied Child day care Centers 1 space for each 10 children, plus one space for each employee, plus one space for each vehicle used in conjunction with the use, plus permanent drop-off area as approved by the Director. Large family day care homes 1 space for each employee, in addition to the required residential spaces. Churches, other places of worship, and 1 space for each 3 seats or 1 space for every 35 mortuaries sq.ft. of gross assembly area, classrooms, meeting rooms, etc. Cinemas 1 space for each 3 seats, plus 1 space for each employee on largest shift. Golf courses 10 spaces for each hole; plus clubhouse spaces as required for restaurants, bars, indoor recreation/fitness centers, etc. Golf driving ranges 2 spaces for each tee. Indoor recreation/fitness centers Arcades 1 space for each 200 sq.ft. of gross floor area Bowling centers 5 spaces for each lane, plus required spaces for accessory uses. Health/fitness clubs 1 space for each 150 sq.ft. of gross floor area. Pool and billiard rooms 2 spaces for each table, plus required space for accessory uses. Skating rinks 1 space for each 400 sq.ft. of gross floor area for public use, plus required spaces for accessory uses. Libraries, museums, art galleries 1 space for each 500 sq.ft. of gross floor area, plus 1 space for each official vehicle. Outdoor commercial recreation Determined by Conditional Use Permit Continued on next page. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-95 Off -Street Parking and Loading Standards 22.30 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (CONTINUED) Continued on next page. Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-96 Off -Street Parking and Loading Standards 22.30 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (CONTR%UED) Land Use Tie Residential Jses !. Vehicle spaces Requrred ....44 Group Quarters 1 space for each bed, plus 1 space for each 8 (Including boarding houses, rooming houses, beds for guest parking,1 space for each dormitories, and organizational houses) employee on largest shift. Duplex housing units 2 spaces for each unit in a garage. Mobil homes (in M.H. parks) 2 spaces for each mobile home (tandem parking allowed in an attached carport), plus guest parking.* Multi -family dwelling, condominiums and studio units -1 space for each unit in a garage, other attached dwellings. plus guest parking.* 1 bedroom or more - 2 spaces in a garage for each unit, plus 0.5 additional spaces for each bedroom over 2, plus guest parking.* Mixed -use developments Determined by Conditional Use Permit. Secondary residential units 1 space in addition to that required for a single-familysingle4amily unit. Senior housing projects 1 space for each unit with half the spaces covered, plus 1 guest parking space for each 10 units: Senior congregate care facilities 0.5 space for each residential unit, plus 1 space for each 4 units for guests and employees. Single-family housing 2 spaces in a fully enclosed garage. In hillside areas, additional parking for guests may be required by the Director. *Guest parking shall be provided at the ratio of 1 space for each 4 required parking spaces. Spaces shall be dispersed evenly throughout the project and dearly marked for guest parking only. Continued on next page. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-97 Off -Street Parking and Loading Standards 22.30 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (CONTINUED) Lan&U ie Tyke ;Retail Trade Vehicle $: aces R ulred Automobile, mobile home, vehicle, machinery 1 space for each 400 sq.ft. of gross floor area, and parts sale plus 1 space for each 3,000 sq.ft. of outdoor display, service area, plus 1 space for each 300 sq.ft. of gross floor area for a parts department, plus 1 space for each 2 employees, Banks and financial services 1 space for each 300 sq.ft. of gross floor area. Building materials, hardware stores and plant 1 space for each 300 sq.ft. of indoor display nurseries area, plus 1 space for each 1,000 sq.ft. of outdoor display area. Convenience stores 1 space for each 250 sq.ft. of gross floor area. Restaurants (except fast food), cafes, 1 space for each 75 sq.ft. of gross floor area for cafeterias, nightclubs, taverns, lounges or patrons, plus 1 space for each 300 sq.ft. of similar establishments for the consumption of service area, plus one space for each 100 sq.ft. food and beverages on the premises. of outdoor- dining area. Restaurants, fast food 1 space for each 100 sq.ft. of gross floor area, plus 1 space for each 100 sq.ft. of outdoor dining area. Restaurants, delicatessens, take out only, no 1 space for each 250 sq.ft. of gross floor area. customer seating Retail stores General merchandise 1 space for each 250 sq.ft. of gross sales area, plus 1 space for each 600 sq.ft. of storage area, and 1 space for each company vehicle, plus 1 space for each 1,000 sq. ft. of outdoor display area. Appliance, furniture and bulk goods 1 space for each 500 sq.ft. of gross floor area stores and 1 space for each company vehicle, plus 1 space for each 1,000 sq. ft. of outdoor display area. Shopping centers (shall use unsegregated 1 space for each 200 sq.ft. of gross floor area parking area) for centers of less than 20,000 sq.ft. and 1 space for each 250 sq.ft. of gross floor area for centers of 20,000 to 50,000 sq. ft., and 1 space for each 300 sq. ft of gross floor area for centers over 50,000 sq. ft., plus 1 space for each 1,000 sq. ft. of outdoor display area. Continued on next page. Diamond Bar Development Code Article III -Site Planning July 21, 199s III-98 Off -Street Parking and Loading Standards 22.30 TABLE 3=10 PARKING REQUIREMENTS BY LAND USE (CONTINUED) LazxdUse Tie. IF IF `I! Sergce Uses VehteJe.S :aces:Re Hired...:: Bed and Breakfast Inns 1 space for each guest room, in addition to the required parking for the residential use. Copy and reproduction centers 1 space for each 400 sq.ft. of gross floor area. Consumer products - repair and maintenance 1 space for each 250 sq.ft. of gross floor area Depots: bus, freight, or rail Determined by Conditional Use Permit Equipment rental 1 space for each 300 sq.ft. of floor area, plus 1 space for each 1,000 sq.ft. of outdoor use area. Hotels and motels 1 space for each guest room, plus 1 space for each 2 employees on largest shift, plus required spaces for accessory uses. Medical services Clinics, medical/dental offices 1 space for each 250 sq.ft. of gross floor area. Extended care (elderly, skilled nursing 1 space for each 3 beds the facility is licensed facilities and residential care homes) to accommodate Hospitals 1 space for each patient bed the facility is licensed to accommodate, plus 1 space for each 400 sq.ft. of office area, plus required spaces for assessory uses as determined by the Director. Medical/.dental labs 1 space for each 300 sq.ft. of gross floor area.. Offices, administrative, corporate 1 space for each 400 sq.ft. of gross floor area. Pet grooming 1 space for each 400 sq.ft. of gross floor area. Personal services Barber/beauty shops (and other personal 1 space for each 250 sq.ft. of gross floor area. services: tattoo studios, massage therapy) Kennels and animal boarding 1 space for each 500 sq.ft. of gross floor area, plus 1 space for each 800 sq.ft. of boarding area, plus 1 space for each employee Laundries and dry cleaning plants 1 space for each 1,000 sq.ft. of gross floor area. Dry cleaning pick-up facilities 1 space for each 400 sq.ft. of activity area, plus 1 space for each 1,000 s . ft of storage area. Laundromats 1 space for each 250 sq.ft. of gross floor area. Laboratories and research/development 1 space for each 300 sq.ft. of gross floor area facilities Continued on next page. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-99 Off -Street Parking and Loading Standards 22.30 TABLE 3-10 PARKING REQUIREMENTS BY LAND USE (CONTINUED) 22.30.050 -Reduction of Off -Street Parking Requirements for Shared Use Where two or more nonresidential uses are developed as a recognized shopping or professional center and two or more uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be allowed through the approval of a Parking Permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the amoiult of spaces required for the least intensive of the two or more uses sharing the parking. A shared parking analysis may be required by the Director to support a request for a parking reduction. Reductions in parking in exchange for transportation demand management programs shall be considered for projects subject to the requirements of Section 22.40.030 (Transportation Demand Management Program Requirements) 22.30.060 - Disabled/Handicapped Parking Requirements Parking areas shall include parking spaces accessible to the disabled as follows: A. Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with Section 1129B of the Uniform Building Code (UBC). Diamond Bar Development Code Article III -Site Planning July 21,1998 III-100 Off -Street Parking and Loading Standards 22.30 B. Reservation of spaces required. Disabled accessible spaces required by this Chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use. C. Upgrading of markings required. If amendments to State law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new State standards. Upgrading shall be completed by affected property owners within 60 days of being notified in writing by the Department of new State standards. D. Fulfilling parking requirements. Disabled accessible parking spaces required by this Chapter shall count toward fulfilling off-street parking requirements. �-ramp rcquired when Sign Indicating '—" walkway is at a diffcsent level Parking for the from Ping Handicapped v ....''•; Wafkvi%s Wheel Stop •-•--- " mu►. •-• ft. min 19 ft. min.. —_—_ 36" Painted Diagonal Stripes 9 ft. 5 ft. Double Handicapped Space L� ramp required whcn � • — walkway is at a differortt level from parking ' ao f4, v: wi ; ay sign Indicating +.. Parking for the -- I landicapped ^0� Wheel Stop - c 18 ft. m n. t� Double Diagonal Handicapped Space Figure 3-42 Whccl Stop 9ft Sft Single Handicapped Space International Symbol of Accessibility Diamond Bar Development Code Article III -Site Planning July 21,1998 III-101 Off -Street Parking and Loading Standards 22.30 22.30.070 - Development Standards for Off -Street Parking Off-street parking areas shall be provided as follows: A. Access to parking: Access to off-street parking areas shall be provided in the following manner: 1. Parking areas shall provide suitable maneuvering room so that vehicles enter an abutting street in a forward direction. Parking lots shall be provided so as to prevent access at any point other than at designated access drives. The Director may approve exceptions for single-family homes and duplexes; 2. Industrial uses located on arterial streets and commercial uses that provide 50 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 50 feet from the street right-of-way line. 3. Access driveways for multi -family residential uses shall not allow parking within a required setback area. 4. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles. B. Access to adjacent sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the Director, guaranteeing the continued availability of the shared access between the properties; C. Location. Off-street parking areas shall be located as follows: 1. Parking spaces shall be accessible by drives and aisles in compliance with Table 3-12; 2. Required parking shall be located on the same parcel as the uses served, except that parking maybe located on a parcel adjacent to the parcel served subject to a recorded covenant running with the land recorded by the owner of the parking lot guaranteeing that the required parking will be maintained for the use or activity served; and 3. Carpool and bicycle spaces shall be located as close as is practical to the entrances) to the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-102 Off -Street Parking and Loading Standards 22.30 D. Parking space and lot dimensions. 1. General requirements for residential uses. Minimum parking dimensions shall be as indicated in Table 3-11. TABLE 3-11 MINIMUM PARKING STALL DIMENSIONS RESIDENTIAL USES Garage (interior dimension) 20 feet 10 feet. N/A N/A Uncovered Spaces Spaces shall conform to the standards in Table N/A N/A 342. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-103 Off -Street Parking and Loading Standards 22.30 2. General requirements for nonresidential uses. Minimum parking dimensions shall be as indicated in Table 3-12 and as illustrated by Figure 343. TABLE 3-12 MINIMUM PARKING STALL AND LOT DIMENSTONq 19 feet including bumper overhang I 9 feet See H.5. (below) One -Way Traffic and Double -Loaded Aisles 30 � 17.5 feet � 12 feet 45 (20 feet � 13 feet 60 � 21 feet (18 feet 90 � 19 feet � 26 feet 47 feet 53 feet 60 feet 64 feet 30 17.5 feet 26 feet 61 feet 45 20 feet 26 feet 66 feet 60 21 feet 26 feet 68 feet 90 19 feet 26 feet 64 feet 3. Parallel parking spaces. Parallel parking spaces shall have minimum width of 9 feet and a minimum length of 24 feet. Aisle widths shall be 12 feet for one-way traffic and 26 feet for two-way traffic. E. Drainage. 1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels; and 2. Parking lots shall be designed in compliance with the storm water quality and quantity standards of the City's Best Management Practices. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-104 Off -Street Parking and Loading Standards 22.30 I� 0 >• v Stall Depth =' h Stall Width Q 3 Wheel Stops or Curbs Figure 3-43 Diamond Bar Development Code July 21,1998 Article III -Site Planning III-105 Off -Street Parking and Loading Standards 22.30 F. Directional arrows and signs. 1. In parking facilities containing 40 or more parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. 2. The Director may require the installation of the traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility. 3. The exit from a parking area which provides parking for 40 or more vehicles shall be clearly marked with a vehicle "STOP" sign. G. Grades of parking areas. 1. Interior circulation drives/aisles. Ramps or driveways within the interior of a parking area (beyond 20 feet from ultimate right-of-way line) shall have a maximum grade of 15 percent. If a ramp or driveway exceeds 10 percent, the design shall include transitions (at each end of the ramp) not less than eight feet in length, having a slope equal to one-half the ramp or driveway slope. 2. Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade of 7 percent, measured in any direction. 3. Vertical clearance. Covered parking spaces shall have a vertical clearance of at least seven feet six inches above the parking lot surface for all uses except residential. H. Landscaping. Landscaping shall be provided in compliance with the following requirements. 1. Landscape plan required. A comprehensive landscape and irrigation plan shall be submitted for review and approval by the review authority in compliance with Chapter 22.24 (Landscaping Standards). 2. Landscape materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs and ground cover. 3. Curbing, irrigation. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide, and provided with an automatic irrigation system. Alternative barrier design to protect landscaped areas from damage by vehicles may be approved by the Director. 4. Location of landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands. 5. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low -growth, hearty Diamond Bar Development Code Article III -Site Planning July 21,1998 III-106 Off -Street Parking and Loading Standards 22.30 materials in lieu of paving, allowing a two -foot bumper overhang while maintaining the required parking dimensions. 6. Perimeter parking lot landscaping. a. Adjacent to streets. Parking areas adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking, equal in depth to the setback required by the zoning district or seven feet, whichever is more. The landscaping shall be designed and maintained to screen cars from view from the street to a height of between 30 inches and 42 inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices which meet the intent of this requirement. Trees shall be provided at a rate of one for every 20 lineal feet of landscaped area. Plant materials, signs, or structures within a traffic safety sight area of a driveway shall not exceed 30 inches in height. b. Adjacent to side or rear property lines. Parking areas shall provide a perimeter landscaped strip at least four feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include a required yard or buffer area. Trees shall be provided at the rate of one for each 20 lineal feet of landscaped area. c. Adjacent to structures. When landscaping is located adjacent to structures, the width of the landscaped area shall be proportional to the height of the structure. The mirrimum width of a landscaped strip adjacent to a structure shall be five feet for structures up to two stories. For each additional story, the width of the adjacent landscaped strip shall be increased by two feet. d. Adjacent to residential use. Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum 15-foot width between the parking area and the common property line bordering the residential use. A solid masonry wall and landscaping shall be provided along the property line. For each 100 feet of landscaped area, a minimum of 12 trees and 10 shrubs shall be provided. 7. Interior parking lot landscaping. a. Amount of landscaping. Multi -family, commercial, and office uses shall provide landscaping within the parking area at a ratio of 5 percent of the gross area of the parking lot. One tree shall be provided for every 8 parking spaces. Industrial/manufacturing uses shall provide landscaping within the parking area at a ratio of 5 percent of the gross area of the parking lot. One tree shall be provided for every 10 parking spaces. Landscaping shall be evenly dispersed throughout the parking area. Parking lots with more than 100 spaces should provide a concentration of landscape elements Diamond Bar Development Code Article III -Site Planning July 21,1998 III-107 Off -Street Parking and Loading Standards 22.30 at primary entrances, including specimen trees, flowering plants, enhanced paving, and project identification. b. Planters required. Trees shall be in planters located throughout the parking area. In order to be considered within the parking area, trees shall be located in planters that are bounded on at least three sides by parking area paving. Planters shall have a minimum interior dimension of 5 feet and be of sufficient size to accommodate tree growth. I. Lighting. 1. General requirements. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting fixtures shall be energy - efficient. Lighting standards shall be in scale with the height and use of the on -site structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights -of -way in compliance with Section 22.16.050 (Exterior Lighting). 2. Lighting requirements for commercial projects. Parking areas within commercial projects shall be provided with exterior lighting as follows: a. A minimum of one footcandle of illumination shall be maintained at the parking surface throughout the parking area. b. Lighting shall be on a time -clock or photo -sensor system. c. All lighting shall be designed to confine direct rays to the property. No spillover beyond the property line shall be permitted. d. Lighting fixtures shall have 90 degree horizontal cut-off flat lenses. J. Shopping cart storage. Parking facilities for commercial uses shall contain shopping cart storage areas for appropriate uses (e.g., supermarkets, drugstores, etc.). The number, dimensions and locations of storage areas shall be determined by the Director. IC. Striping and identification. 1. Vehicular. Parking spaces shall be clearly outlined with four -inch wide lines painted on the surface of the parking facility. Carpool spaces shall be clearly identified for compact vehicle and carpool use only. 2. Restriping. The restriping of any parking space or lot shall require the approval of a restriping plan by the Director. L. Surfacing, 1. Vehicular. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or other all-weather surfacing approved by the Director. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-108 Off -Street Parking and Loading Standards 22.30 2. Motorcycle. Motorcycle parking areas shall be paved with concrete or equivalent all- weather surfacing approved by the Director. 3. Bicycle. Bicycle parking areas shall be surfaced so as to keep the area in a dust -free condition, subject to the approval of the Director. M. Wheel stops/curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area. When provided, wheel stops shall be pXaced to allow for two feet of vehicle overhang area within the dimension of the parking space. 22.30.080 -Driveways and Site Access Driveways providing site access shall be from an improved street, alley or other public right- of-way, and shall be designed, constructed and maintained as follows. A. Number of driveways. A maximum of two driveways shall be allowed for each multi- family and nonresidential parcel two acres or less in size unless the Director and City Engineer determine that more than two driveways are required to accommodate traffic volumes on specific projects. Additional driveways shall not be allowed if it is determined to be detrimental to traffic flow on the adjacent street(s). Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized. Single-family and duplex residential shall be allowed one driveway. Circular driveways shall be allowed for parcels with 70 feet or more of street frontage. B. Distance from street corners. Driveways to parking areas shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with frontages less than 150 feet, the minimum distance shall be 100 feet unless a lesser distance is approved by the City Engineer. C. Driveway spacing. Driveways shall be separated along the street frontage as follows: 1. Single-family and duplex residential development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the Director. The six-foot separation does not include the transition or wing sections on each side_ of the driveway; and 2. Multi -family and nonresidential development. Where two or more driveways serve the same or adjacent multi -family or nonresidential development, the centerline of the driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall be subject to the approval of the City Engineer. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-109 Off -Street Parking and Loading Standards 22.30 D. Grades at entrance driveways. Driveways for nonresidential uses shall not exceed a maximum grade of 15 percent. Driveways for residential uses shall not exceed a maximum grade of 20 percent. Where there is a change in the slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with the vehicle's undercarriage. E. Driveway width and length 1. Single-family uses. a. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. b. Driveways that provide access to garages having a setback greater than 24 feet from the street property line shall have a minimum width of 10 feet and a maximum width of 14 feet at the property line. c. Driveways that provide access to gazages having a setback less than 24 feet from the street property line shall not exceed the width of the garage door opening plus two feet. d. When a gazage is perpendicular (90 degrees) to the driveway, a m;n;mum 24-foot deep unobstructed back -out area shall be provided. e. Driveways may be allowed with greater widths than provided above with the approval of a Minor Conditional Use Permit. 2. Multi -family uses. a. Driveways for multi -family uses with six or less units shall have a minimum paved width of 12 feet. b. Driveways for multi -family uses with more than six units shall have a minimum paved width of 26 feet. 3. Nonresidential uses. Driveways for nonresidential uses shall have a minimum paved width of 12 feet for one-way driveways and 26 feet for two-way driveways. The maximum driveway width shall be 30 feet, exclusive of the area provided for a median divider. F. Clearance from obstruction. The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities. Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk. Driveways shall have an overhead clearance of 10 feet in height except within a parking structure which may be reduced to seven feet, six inches. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-110 Off -Street Parking and Loading Standards 22.30 G. Traffic safety sight area. Structures or landscaping over 30 inches in height shall not be allowed within a traffic safety sight area formed by the intersection of public rights -of - way, driveways or alleys. 22.30.090 - Bicycle Parking Bicycle parking faces shall be provided for nonresidential uses as follows. A. Number of spaces required. Bicycle parking spaces shall be provided at a rate of 5 percent of the number of required vehicle parking spaces. The Director may modify this requirement where it can be demonstrated that a lesser number of bicycle spaces can adequately serve the intended use. B. Bicycle parking design and devices. Bicycle parking areas shall be designed and provided as follows. 1. Parking equipment. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle. 2. Parking layout. a. Aisles. Providing access to bicycle parking spaces shall be at least five feet in width. b. Spaces. Each bicycle space shall be a minimum of two feet in width and six feet in length and have a minimum of seven feet of overhead clearance. C. Location. Bicycle spaces shall be conveniently located and generally within proximity to the main entrance of a structure but not closer than 10 feet. d. Relationship to motor vehicle parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, curb, or at least five feet of open area, marked to prohibit motor vehicle parking. 22.30.100 -Off-Street Loading Space Requirements A. Number of loading spaces required. Nonresidential uses with less than 5,000 sq.ft. of gross floor area shall provide one off-street loading space, which maybe combined with an off-street parking space. Nonresidential uses with 5,000 square feet of floor area or more shall provide off-street loading space in compliance with Table 343. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-111 Off -Street Parking and Loading Standards 22.30 Manufacturing, research and development, institutional, and service uses Office uses Commercial and other aRowed uses TABLE 3-13 REQUIRED LOADING SPACES 5,000 to 20,000 sq.ft. 20,001 + sq.ft. 5,000 to 35. 35,001 + sq.ft. .ft. 5,000 to 10,000 sq.ft. 10,001 + sq.ft. 1 for each additional 20,000 sq.ft., plus additional as required by Director. 1 1 for each additional 35,000 sq.ft., plus additional as required by Director. 1 1 for each additional 10,000 sq.ft., plus additional as required by Director. B. Standards for off-street loading areas. Off-street loading areas shall be provided in the following manner: 1. Dimensions. Loading spaces shall be not less than 15 feet in width, 25 feet in length, with 14 feet of vertical clearance; 2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy -efficient and in scale with the height and use of adjacent structure(s) and be provided in compliance with Section 22.16.050 (Exterior Lighting). 3. Loading doors and gates. Loading bays and roll -up doors shall be painted to blend with the exterior structure walls) and be located on the rear of the structure only. Bays and doors may be located on the side of a structure, away from a street frontage, where the Director determines that the bays, doors and related trucks can be adequately screened from view from adjacent streets, 4. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions and overhead clearances; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-112 Off -Street Parking and Loading Standards 22.30 5. Location. Loading spaces shall be located and designed as follows. a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible, b. Situated to ensure that the loading facility is screened from adjacent streets as much as possible; c. Situated to ensure that loading and unloading takes place on -site and in no case within adjacent public rights -of -way or other traffic areas on -site; d. Situated to ensure that vehicular maneuvers occur on -site; and e. Situated to avoid adverse impacts upon neighboring residential properties. 6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 22.16.080 (Screening and Buffering); and 7. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-113 Off -Street Parking and Loading Standards 22.30 Diamond Bar Development Code Article III -Site Planning July 21,199s III-114 CHAPTER 22.32 - PLANNED DEVELOPMENT STANDARDS Sections. 22.32.010 -Purpose 22.32.020 - Applicability 22.32.030 - Development Standards 22.32.010 -Purpose The purpose of this Chapter is to implement the Planned Development Overlay zoning district by promoting quality design, innovative site planning, transfer of development rights, and mixed uses consistent with the goals and policies of the General Plan. The intent of the planned development standards is to promote high quality development that incorporates amenities beyond those expected under conventional development, to achieve greater flexibility in design, to encourage well -planned projects through creative and imaginative planning, and to provide for appropriate use of land that is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development. 22.32.020 -Applicability The provisions of this Chapter apply to proposed projects within the Planned Development Overlay zoning district and are subject to approval of Development Review in compliance with Chapter 22.48 (Development Review). 22.32.030 -Development Standards A. Allowable density/intensity. The number of allowable dwellings per parcel or the number of dwelling units per structure may exceed the number allowed within a particular residential zoning district provided the total number of units for the entire project does not exceed the limitations established by the General Plan. The floor area ratio (FAR) allowed in a particular nonresidential zoning district may be increased when it can be demonstrated by the project proponent that a superior development will be achieved. B. Setback requirements. Structure setbacks may deviate from the setback standards specified in this Development Code and shall conform to the approved development plan. C. Lot coverage and floor area ratio. Lot coverage and floor area ratio of structures may deviate from the regulations of this Development Code and shall conform to the approved development plan. D. Height limits. The height of structures may deviate from the height standards specified in this Development Code and shall conform to the approved development plan. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-115 Planned Development Standards 22.32 E. Parking requirements. The number and design of off-street parking areas may deviate from the parking standards specified in this Development Code and shall conform to the approved development plan. F. Open space requirements. 1. In all residential developments, at least 30 percent of the gross property area shall be reserved for and devoted to landscaped and useable common open space area(s). 2. In all nonresidential Jr at least 20 percent of the of the gross property area shall be reserved for and devoted to landscaped and useable pedestrian -oriented open space area(s). Open spaces shall include plazas; courtyards, outdoor dining areas, and landscaped gardens. 3. Open space areas shall not be construed to include streets, whether public or private, off-street parking, access drives, and loading areas, or area(s) covered by structures. 4. The Commission may grant a modification, including a modification of any open space requirement, after considering the general purposes and nature of the planned development project. G. Maintenance of common areas. An applicant for a planned development shall provide for the permanent maintenance of all common area(s) within the development. The applicant shall provide the following: 1. A plan showing all common areas and areas to be dedicated to/for public and/or private use; 2. Where the development consists of only one parcel, a plan for maintenance; and 3. Where the development consists of more than one parcel, covenants, conditions and restrictions (CC&R'a) or an agreement in a form approved by the City Attorney providing for the permanent maintenance of all common areas. The CC&R's or agreement shall be prepared by an attorney licensed to practice in the State. The developer shall provide assistance to the residents of the subdivision in the formation of a homeowner's association for the purpose of maintaining common areas and enforcing CC&R's. H. Development phasing. An applicant for a planned development shall submit a schedule indicating the development of open space related to the construction of residential dwelling units. Where development is to be completed in phases, the development may be coordinated between phases. Projects developed in phases shall be designed so that each successive phase will contain open space to independently qualify under the provisions of Subsection F., above. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-116 CHAPTER 22.34 - PROPERTY MAINTENANCE STANDARDS Sections: 22.34.010 -Purpose 22.34.020 - Applicability 22.34.030 - Single-family Standards 22.34.040 - Multi -family Standards 22.34.050 - Commercial Standards 22.34.060 - Industrial Standards 22.34.070 - Abatement Procedures 22.34.010 -Purpose This Chapter provides for the abatement of conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance. 22.34.020 -Applicability The standards for property maintenance provided in this Chapter apply to all properties within the City, except where otherwise provided in this Chapter. 22.34.030 - Single-family Standards A. Storage in front yard/side yard abutting a street. 1. The entire front yard visible from an adjacent street or sidewalk, shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative vehicles, dismounted camper bodies, discarded or broken materials, appliances, equipment or similar materials. 2. Emergency or minor repairs to a motor vehicle owned by a person residing upon the parcel maybe conducted on a vehicle upon a paved driveway or paved parking area. Repair shall be concluded within 10 consecutive days of the commencement thereof or up to 30 days at the discretion of the Director. 3. Interior side yard and side yards abutting a street shall be maintained in a clean and orderly manner. B. Vehicle parking. 1. Parking of vehicles, including recreational vehicles, on asingle-family parcel shall occur within a garage, or carport, or upon a driveway or other allowed paved parking Diamond Bar Development Code Article III -Site Planning July 21,1998 III-117 Property Maintenance Standards 22.34 area. If parked on a side yard, an open pedestrian walkway at least 36 inches in width shall be maintained on one side yard for public safety access purposes. 2. No person shall park or store a commercial vehicle, commercial trailer or related commercial equipment for a period in excess of 72 hours. No more than two commercial vehicles or trailers may be parked on a parcel at any one time. C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas within the front yard or side yard abutting a street shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. E. Fence and wall maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration peeling paint, loose boards, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. F. Temporary erosion control. Sandbags and other temporary erosion control measures may be utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary. After one year, a permanent solution shall be pursued. 22.34.040 - Multi -family Standards A. Storage yards. 1. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction materials, automotive parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, recreational vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, trash and debris shall be kept within approved trash enclosures. 2. Emergency or minor repairs of a motor vehicle owned by a person residing upon the parcel maybe conducted on a motor vehicle upon a paved driveway. Repair shall be concluded within 10 consecutive days of the commencement thereof or a maximum of 30 days as approved by the Director. B. Storage in garages and carports. No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape Diamond Bar Development Code Article III -Site Planning july 21,1998 III-118 Property Maintenance Standards 22.34 maintenance tools, equipment, debris, inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers shall be permitted within a garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces. C. Motor vehicle parking. 1. All parking of motor vehicles, including recreational vehicles, shall occur only within a garage, carport, or upon a driveway or other paved parking area that is in compliance with the parking requirements of this Development Code. 2. No person shall park or store a commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles shall be parked on a parcel at any one time. D. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. E. Landscape maintenance. All landscaped areas within the front yard or side yard abutting a street shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, (e.g., dead branches, palm fronds, lawns, etc.) and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and adequately watered so as to maintain a healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. F. Fence and wall maintenance. All structures shall be maintained in a struchzrally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. G. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. H. Temporary erosion control. Sandbags and other temporary erosion control measures maybe utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary. After one year, a permanent solution shall be pursued. Diamond Bar Development Cade Article III -Site Planning July 21,199g III-119 Property Maintenance Standards 22.34 22.34.050 - Commercial Standards A. Storage in yards. Storage within front, side, and rear yard areas approved in compliance with this Development Code shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. B. Motor vehicle parking. 1. Parking of motor vehicles shall occur on paved parking areas in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards), 2. No person shall park or store any commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles may be parked on any parcel at any one time. C. Structure maintenance. Buildings, structures and paved areas shall be kept and maintained in a manner so as not to detract from adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Buildings, structures and paved areas shall be deemed substandard and in violation of this Chapter when they display evidence of exterior dilapidated conditions. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas shall be kept and maintained in a manner so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and dead, diseased, or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. E. Fence and wall maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration, peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. F. Temporary erosion control. Sandbags and other temporary erosion control measures maybe utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary. After one year, a permanent solution shall be pursued. G. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the Diamond Bar Development Code Article III - Site Planning July 21, 1998 III=120 Property Maintenance Standards 22.34 user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. 22.34*Vuv- Industrial Standards A. Storage in yards. Storage wn front, side, and rear yard areas approved in compliance with this Development Code shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. B. Motor vehicle parking. 1. Parking of motor vehicles shall occur on paved parking areas in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). 2. No person shall park or store any commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles may be parked on any parcel at any one time. C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. D. Landscape maintenance. All landscaped areas shall be kept and maintained in a manner so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and dead, diseased, or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. E. Fence and wall maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure. F. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-121 Property Maintenance Standards 22.34 broken areas. Parking space and pavement stripingand signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below. G. Temporary erosion control. Sandbags and other temporary erosion control measures may be utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary. After one year, a permanent solution shall be pursued. 22.34.070 -Abatement Procedures A. Public nuisance and nuisance per se. 1. The authority to abate and impose sanctions. Enforcement of this Chapter shall be accomplished by the Director in any manner authorized by law. The procedures identified in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the City from enforcing other ordinances or abating public nuisances in any other manner provided by law. Whenever the Director determines that any condition exists in violation of this Chapter the officer shall take appropriate enforcement action in compliance with this Chapter. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law. 2. Written notice. Whenever the Director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a nuisance exist, the Director shall prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of property, to be notified in writing of the existence of the condition and/or require an appearance before the Director at a stated time and place to show why the condition should not be abated by the City at the person' s expense. The notice and order to abate the determined public nuisance shall contain the following information: a. The street address and a legal description sufficient for identification of the property on which the condition exists; b. A statement that the Director has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance; c. An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions; d. A statement advising that the disposal of any material involved in public nuisances shall be conducted in a legal manner; Diamond Bar Development Code Article III -Site Planning July 21,199s III-i22 Property Maintenance Standards 22.3 I e. A statement advising that if the required work is not commenced within the time specified, the Director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the property; f. A statement advising that a person having an interest or record title in the property may request consideration of the notice and order or any action of the enforcement within 10 days from the date of service of the notice and order; and g. A statement advising that the notice and order will be recorded against the property in the Office of the County Recorder. B. Manner of notice. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required in compliance with Subsection A.2., above at the address of the violation as it appears on the latest equalized assessment roll of the County, or as known to the Director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice. The failure of the Director to make or attempt service on a person required in this Chapter to be served shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail, in compliance with this Chapter, shall be effective on the date of mailing. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this Chapter. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. At the time the notice and order is served, the Director shall file in the Office of the County Recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and that the owner has been so notified. The Director shall file a new certificate with the County Recorder that the nuisance has been abated henever the following actions occur. w 1. Corrections ordered have been completed so that a public nuisance no longer exists on the subject property as described in the original certificate; 2. The notice and order is rescinded upon appeal; or 3. Whenever the City abates the nuisance and the abatement costs have been paid. C. Extension of time to perform work. Upon receipt of a written request from any person required to comply with the order, the Director may grant an extension of time within which to complete the abatement, if the Director determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director shall have the authority to place reasonable conditions on any extensions. D. Hearing. The Director may set a date, time and place to hear any relevant evidence concerning the existence of the alleged public nuisance and the question of whether the Diamond Bar Development Code Article III -Site Planning July 21,1998 III-123 Property Maintenance Standards 22.34 expense of abating the public nuisance, if determined to exist, should be made a lien on the property. If, at the conclusion of the hearing, the Director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the Director shall advise the person in writing in the same manner as provided in Subsection B, above. The notice shall also inform the landowner of the right of appeal as provided in Subsection H, below. In the event any person given notice of hearing, as shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the Director shall be sufficient evidence of the existence of facts in support of the conclusion. E. Request for reconsideration. Any person aggrieved by the action of the Director in issuing a notice and order in compliance with this Chapter may request a hearing before the Council in compliance with Subsection H, below If no appeal is filed within the time prescribed, the action of the Director shall be final. F. Council hearing. A request for a Council hearing shall be made in compliance with the following provisions. 1. Hearing on Director's decision. Any person entitled who is dissatisfied with a public nuisance determination of the Director may request a hearing before the Council within seven days from the date of mailing of the decision of the Director. The written request shall be filed with the Department. 2. Request for hearing. The request for a Council hearing shall specify the following: a. The legal description and street address of the property; b. The determination that is the basis of the hearing request; c. The person's legal interest in the property; d. A statement of disputed and undisputed facts; and e. A signed verification of the truth of all stated matters. 3. Processing of requests for hearings. Requests for hearings shall be processed in the following manner: a. Upon the timely filing of a request for a hearing, the Director shall place the matter on a regular meeting of the Council scheduled to be held not less than 30 days after the appeal is received; b. The Council may reverse or modify the decision of the Director and/or remand the matter to the Director for further consideration. If the Council does not take any action reversing, modifying and/or remanding of the decision of the Director within 30 days after the filing of the request for a hearing, the Director's action on the matter shall be final and conclusive. Notice of a final determination shall be sent in the same manner as after the Director's determination. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-124 Property Maintenance Standards 22:34 I. Abatement of nuisance(s). If the nuisance is not completely abated by the owner as directed within the abatement period, the City shall immediately cause the same to be abated by City personnel or private contract and the personnel or persons under contract are expressly authorized to enter upon the subject premises for these purposes. The owner of the premises shall be liable to the City for all costs of abatement, including all administrative and inspection costs. J. Proceedings for abatement of imminently dangerous public nuisances. Whenever the Director determines that a public nuisance is so imminently dangerous to life or adjacent property that the condition shall be immediately corrected, or isolated, the following procedures shall be instituted: a. Personal interview. The Director shall attempt to -make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control of the subject property. In the event contact is made, the Director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired or isolated to preclude harm to any person or property; b. Removal of the dangerous condition(s). Irt the event the Director is unable to make contact, or if the appropriate persons, after notification by the Director, do not take action as specified by the officer, within the time frame requested, then the Director may, with the approval of the City Manager, take all steps deemed necessary to remove or isolate the dangerous condition(s), with the use of City personnel or a contractor retained in compliance with the provisions of the Municipal Code; and c. Account of the costs. The Director shall keep an itemized account of the costs incurred by the City in removing or isolating the condition(s). These costs may be recovered in the same manner that abatement costs are recovered, in compliance with this Chapter. K. Costs of inspection. Whenever a public nuisance as defined in this Chapter is found to exist as a result of the inspection, the reasonable costs for the inspection, as set by the Council's Fee Resolution, shall be paid by the landowner. L. Assessment of costs against real property. The following provisions shall apply: 1. Cost assessment. The Director; personnel or persons who abate the nuisance shall keep an account of the cost of abatement. The personnel or persons shall submit an itemized written report showing the costs to the Director for transmittal to the Council. 2. Hearing on assessment. The City Clerk shall set the report and account for hearing by the Council at the first regular meeting which will be held at least seven days after the date of filing, and shall post a copy of the report and account and notice of the date, time and place of the hearing in a conspicuous place. The owner who is affected by the report and account shall be served a notice containing the date, time and place of the hearing. Diamond Bar Development Code Ariicle III -Site Planning July 21,1998 III-125 Property Maintenance Standards 22.34 3. Tax lien. The Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the report and account. The Council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. In compliance with State law (Government Code Sections 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel. 4. Cost report. After confirmation of the report, a certified copy shall be filed with the County Auditor on or before August loth of each year and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll. 5. Special assessment. The special assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. 6. Refunds. The Council may order refunded all or part of an assessment paid in compliance with this Chapter, if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the City Clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor or guardian. M. Enforcement of the provisions of this Chapter shall be in compliance with Chapter 22.78 (Enforcement). Diamond Bar Development Code Article III -Site Planning July 21,1998 III-126 CHAPTER 22.36 - SIGN STANDARDS Sections: 22.36.010 -Purpose 22.36.020 - Applicability 22.36.030 - General Provisions for All Signs 22.36.040 - Sign Permits 22.36.050 - Exemptions From Sign Permits 22.36.060 - Comprehensive Sign Program 22.36.070 - Sign Design Guidelines 22.36.080 - Prohibited Signs 22.36.090 - Nonconforming Signs 22.36.100 - Abandoned Signs 22.36.110 - Inventory and Abatement of Illegal and Abandoned Signs 22036.120 - Standards for Specific Types of Signs 22.36.130 - Sign Standards by Zoning District 22.36.010 -Purpose The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and public welfare, and to preserve the character of the City by regulating the size, height, design, quality of materials, construction, location, lighting and maintenance of signs and sign structures not enclosed within a building, to accomplish the following. A. Provide a reasonable and comprehensive system of sign controls; B. Encourage a desirable City character with a minimum of clutter, while recognizing the need for signs as a major form of communication; C. Provide for fair and equal treatment of sign users; D. Encourage signs that are well designed and pleasing in appearance by providing incentive and latitude for variety, good design relationship, spacing and location; E. Provide for maximum public convenience by properly directing people to various activities; and F. Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby visual obstructions, including blinking signs, excessive number of signs, or signs resembling official traffic signs. 22.36.020 -Applicability A. The sign standards provided in this Chapter are intended to apply to signs in each zoning district in the City. Only signs authorized by this Chapter shall be allowed in that zoning district unless otherwise expressly provided in this Chapter. Diamond Bar Development Code Article III - Site Planning July 21,1998 III427 Sign Standards 22.36 B. If a new zoning district is created after the enactment of this Chapter, the Director shall have the authority to make determinations as to the applicability of appropriate sign regulations in compliance with Chapter 22.04 (Interpretation of Development Code Provisions) until this Chapter is amended to govern the new zoning district. 22.36.030 -General Provisions for All Signs A. Maintenance of signs. Signs and supporting are, including temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance. When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure. B. Measurement of sign height. Sign height shall be measured from the upper most part of the sign used in determining the area of the sign to the elevation of the base of the sign nearest the curb of the public street or nearest the base of the adjacent on -site building, whichever is closer to the location of the sign. (Figure 344) Sign Is Closest to Curb Measured Sign Height Street Curb' _ (grade level) Sign Is Closest to Curb Measured Sign Height Building sign Street Curti - (grade level) Building • (grade level) �J Street Curb Measured Sign Height Sign Is Closest to Building Figure 3-44 ' Building Diamond Bar Development Code Article III -Site Planning July 21,1998 III-128 Sign Standards 22.36 WIDTH x ODD SHAPE i SiGIY AREA = WIDTH X HEIGHT Figure 3-45 C. Measurement of sign area. wIDTx I ODD SHAPE 1. The surface area of a sign shall be calculated by enclosing the extreme limits of all writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. 2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area. 3. Signs composed of more than one sign face shall be computed as including only the maximum single display surface that is visible from any ground position at one time. 4. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue -like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. 5. For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign. D. Illumination of signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights -of - way and properties. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-129 Sign Standards 22.36 1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign. 2. The light from an illuminated sign shall not be of an intensity or brightness which will interfere with the reasonable enjoyment of residential properties in direct visual proximity to the sign. 3. Sign shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color. 4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. 5. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles. 6. Reflective- type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property. 7. Light sources shall utilize energy efficient fixtures to the greatest extent possible. E. Sign copy. The sign copy (text) of permanent signs shall relate only to the name and/or nature of the business. Permanent "come-on" signs that advertise continuous sales, special prices, etc. shall not be allowed. Each business must provide identification signage in English Characters not less than four inches in height. All commercial businesses shall contain the address or unit number or letter of the occupant. Unit letters shall be in the English alphabet. Address numbers shall be in Arabic numerals. All letters and numerals shall be provided in digits which are visible from the adjacent street or parking lot drive aisle. Freestanding monument signs shall contain the street address of the uses) in compliance with Section 22.36.120.B. (Freestanding monument signs). 22.36.040 CO Permits A. Sign permits required. To ensure compliance with the regulations of this Chapter, a Sign Permit shall be required in order to erect, move, alter, or reconstruct any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 22.36.050 below. B. Sign permit fee. A Sign Permit processing fee shall be collected upon application for a Sign Permit or appeal thereof. C. Temporary sign permit bond. To ensure the removal of temporary signs in a timely manner, the Director may require that the applicant post a bond in an amount sufficient Diamond Bar Development Code Article III -Site Planning July 21,1998 III-130 Sign Standards 22.36 to cover the cost of removing the temporary sign and restoring the premises to its proper condition. D. Approval of sign permits. A Sign Permit application shall be approved by the Director provided that the proposed sign is consistent with the intent and provisions of this Chapter. Review of the Sign Permit shall include consideration of size, color, material, illumination, location, and other elements of design in compliance with the Sign Design Guidelines (Section 22.36.070). E. Revocation of sign permits. The Director may revoke or modify a Sign Permit, in compliance with Chapter 22.76 (Revocations and Modifications) if it is found that the sign(s) has been erected, altered, reconstructed, or is being maintained in a manner that is is with the approved Permit. 22.36.050 -Exemptions From Sign Permits Sign Permits shall not be required for the signs listed in this Section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site/use. A. Permanent signs without specific size limitation. The following signs are exempt from Sign Permit review subject to the following limitations: 1. Signs located within shopping centers or similar areas where the signs are not visible from any point on the boundary of the premises; 2. Official and legal notices required by a court or governmental agency; 3. A sign erected and maintained in compliance with and in discharge of a governmental function or required by a law, ordinance or governmental regulation, including signs erected by a public utility; 4. Signs on licensed commercial vehicles, including trailers; provided, however, that vehicles/trailers shall not be used as parked/stationary outdoor display signs; 5. Bench and other signs located at designated public transit locations; and 6. Change of copy within an approved Comprehensive Sign Program that conforms to the provisions of the Comprehensive Sign Program. (Section 22.36.060). B. Permanent signs limited by maximum size. The following signs are exempt from Sign Permit review subject to the following limitations: Diamond Sar Development Code Article III -Site Planning July 21,1998 III-131 Sign Standards 22.36 1. Occupant name, street number, and street name signs not exceeding two square feet in area per single-family or multifamily unit. Street address signs shall have Arabic numbers a minimum of three inches in height; 2. Signs for commercial, office and industrial uses not exceeding two square feet and limited to business identification, hours of operation, address and emergency information; 3. Vehicle oriented safety and directional signs solely for the purpose of guiding traffic, parking, and loading on private property, and not bearing advertising materials. Maximum sign area shall be four square feet in residential zoning districts and six square feet in commercial zoning districts. Maximum height for freestanding signs shall be four feet. Taller signs may be approved by the Director, if visibility will not be impaired; 4. Affiliation signs for auto -related uses, motels, and hotels that show notices of services provided or required by law, trade affiliations, credit cards accepted, and similar signs provided they are attached to an otherwise approved freestanding sign, or structure. Signs or notices shall not exceed one-half square foot in area per sign, and no more than six signs are allowed per business; 5. Gasoline pump signs identifying the brand,. types, and octane rating provided the signs do not exceed two square feet per pump face; 6. Names of structures, commemorative plaques, tables, dates of construction, and the like when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material and mounted permanently on a structure. These signs shall not exceed four square feet in area and five feet in height; and 7. Official flags of a nation, the State of California, other states of the Nation, and municipalities provided that the pole height shall not exceed 25 feet in residential zoning districts and 35 feet in nonresidential zoning districts. The length of the flag shall not be more than 1/4 of the height of the pole. Larger flags may be approved subject to approval by the Director. C. Menu boards for drive -through restaurants shall not exceed a height of six feet and shall be placed within a landscaped area. Only two menu signs shall be allowed for each restaurant. D. Temporary signs limited by size and period of display. 1. Real estate signs. Real estate signs offering property for sale, lease, or rent are allowed on private property in any zoning district subject to the owner's permission and the following limitations: a. For single-family dwellings, one sign per street frontage not to exceed four square feet in area and six feet in height. In addition, up to four "open house" signs not Diamond Bar Development Code Article III -Site Planning July 21,1998 III-132 Sign Standards 22.36 exceeding two square feet each are allowed when a sales agent or owner is present at the site. Signs shall be removed when the open house ends. b. For multifamily dwellings, one sign per street frontage not to exceed 32 square feet and six feet in height; c. Individual commercial, office, and industrial properties not located in a commercial center or industrial/business park, one sign per street frontage not to exceed 16 square feet and six feet in height. Parcels with more than 200 feet of frontage, or that have a freeway orientation, or have limited visibility due to topographic constraints, may be allowed larger and/or higher signs subject to approval of the Director; and d. Individual tenant spaces within multi -tenant commercial centers, office structures and industrial subdivisions offered for sale, rent, or lease, one sign per street frontage not to exceed 16 square feet and six feet in height. In addition, one sign for each tenant space available not to exceed six square feet to be located at the individual tenant space for rent or lease. e. Signs shall be removed within 10 days after sale, lease, or rental of the property. 2. Garage sale signs. Signs that announce the occurrence of a garage or yard sale may be allowed subject to the following limitations: a. Signs shall not exceed three square feet in area; b. Signs shall only be displayed during the time of the sale and shall be promptly removed at the end of the sale, and c. Signs shall not be placed on any public property, including properties of public utility companies. 3. Future tenant signs. Future tenant identification signs that announce the future use of a project while under construction subject to compliance with the following limitations: a. One sign per street frontage except where a project has in excess of 5001ineal feet of street frontage, one additional sign maybe allowed; b. Signs shall be limited to a maximum of 32 square feet and six feet in height. Maximum 50 square feet if combined with a construction sign; and c. Signs shall be removed upon occupancy of the site. 4. Construction signs. Signs that provide the names of the architects, engineers, and contractors working on the site of a development project subject to compliance with the following limitations. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-133 Sign Standards 22.36 a. One sign per street frontage not to exceed 20 square feet with a maximum height of six feet. Maximum size of 32 square feet if combined with a future tenant sign; and b. Signs shall be removed upon first occupancy of the site. 22.36.060 -Comprehensive Sign Program A. Purpose. The purpose of a Comprehensive Sign Program is to integrate a project'a signs with the design of the structures to achieve a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for multi -tenant projects and other users of multiple signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of this Chapter. B. Comprehensive Sign Program required. Standards for signs provided in this Chapter shall serve as a reference for evaluating Comprehensive Sign Program applications. A Comprehensive Sign Program shall be required whenever any of the following circumstances exist: 1. New multi -tenant developments of three or more separate tenants that share either the same parcel or structure and use common access and parking facilities, 2. Whenever five or more signs are proposed for a new or existing development; 3. Whenever wall signs are proposed on structures over two stories in height; 4. Whenever two or more signs are requested by a single tenant in an existing multi - tenant project that currently is not covered by a Comprehensive Sign Program; and 5. Whenever the Director determines that a Comprehensive Sign Program should be developed for a project due to special circumstances (e.g., the number or size of signs proposed, constrained visibility of the site, location of site relative to major transportation routes, etc.). C. For single use buildings with 200 feet or more of frontage, a Comprehensive Sign Program maybe approved which exceeds the maximum aggregate sign area up to a limit of 200 square feet, provided that: 1. No single wall sign so approved exceeds 125 square feet, and no freestanding sign exceeds 24 square feet, except as stated by the provisions of this Chapter. 2. Any two signs placed on the same frontage which taken together exceed 125 square feet shall be separated by no less than one half the length of the building frontage. 3. No Comprehensive Sign Program shall be approved which allows any combination of signs which exceed an overall maximum of 125 square feet per use, except as stated by the provisions of this Chapter. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-134 Sign Standards 22.36 D. Lessees to be informed of Comprehensive Sign Program. Lessees within developments subject to the requirements of an approved Comprehensive Sign Program shall be made aware of the Program in their lease and their responsibility to follow the approved Comprehensive Sign Program. E. Findings. In approving a Comprehensive Sign Program, the Commission Hearing Officer shall make the following findings. 1. The Comprehensive Sign Program satisfies the purpose of this Chapter and the intent of this Section; 2. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or uses they identify, and to surrounding development; 3. The Comprehensive Sign Program accommodates future revisions which may be required due to changes in uses or tenants, and 4. The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes of this Chapter. F. Revisions to Comprehensive Sign Programs. Revisions to a Comprehensive Sign Program may be approved by the Director if it is determined that the revision is minor and that the intent of the original approval, and any conditions attached thereto, are not affected. Revisions that would substantially deviate from the original approval, may require Planning Commission approval. 22.36.070 -Sign Design Guidelines In determining the consistency of each proposed sign with the purposes of this Chapter, the following guidelines shall be applied: A. 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; B. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color, and other similar considerations; C. 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 the proposed signs to adjacent properties and surroundings; D. That the proposed structure, sign or display will be designed, constructed, and located so that it will not constitute a hazard to the public; and E. That the proposed sign is not designed to be viewed from a freeway, unless specifically provided for under the terms of this Chapter. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-135 Sign Standards 22.36 22.36.080 - Prohibited Signs The following signs are inconsistent with the purposes and standards of this Chapter and are, therefore, prohibited in all zoning districts: A. Abandoned and/or dilapidated signs and sign structures; B. Animals or human beings, live or simulated, designed or used so as to attract attention to the premises. C. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except time/temperature devices and barber poles and signs or decorations commemorating a National, State, or local holiday; D. Banners, streamers, and pennants, except as specifically allowed by the provisions of Section 22.36.120.F; E. Bench signs, except at approved bus passenger loading areas; F. Changeable copy signs, except as approved for a civic organization/institution, place of worship, movie theater, or gasoline pricing sign; G. Electronic reader board signs, except time/temperature devices; H. Inflated signs, balloons, and figures except as provided in Section 22.36.120.F.2.; I. Neon signs, except as approved through a Comprehensive Sign Program; J. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value, K. Off -site signs not specifically allowed by the provisions of this Chapter, including billboards and outdoor advertising; L. Painted signs on fences, walls, or roofs; M. Portable signs, except as approved through a Comprehensive Sign Program; N. Pole -mounted signs; O. Price signs, except for service stations; P. Projecting signs; Q. Roof signs extending above the edge of the roof of a structure; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-136 Sign Standards 22.36 R. Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story; S. Signs not in compliance with the provisions of this Chapter; T. Signs emitting audible sounds, odors, or visible matter; U. Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination, or that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic; V. Signs on public property or projecting within the public right-of-way, except political signs and signs with an encroachment permit issued by the City; W. Strings of lights or signs outlined with individual light bulbs; and X. Signs attached to or painted on motor vehicles or trailers that are parked on or adjacent to property for more than 48 consecutive hours, the principal purpose of which is to attract attention to a product sold or business located on or near the property where the vehicle or trailer is located. Y. Signs attached to trees. 22.36.090 -Nonconforming Signs It is the intent of this Section to recognize that the eventual elimination of signs that do not comply with the provisions of this Chapter is as important as the prohibition of new signs that would violate these standards. A. Existing signs that are determined to be nonconforming on the effective date of this Chapter (date of adoption) shall be modified or removed to comply with all provisions of this Chapter within the time periods specified below. The specified time periods shall commence on the date of first written notice by the Director to the sign owner that the sign is nonconforming and subject to a specified amortization period. If the sign owner fails to alter or remove the sign to comply with the requirements of this Chapter within the specified amortization period, the sign maybe removed by the City at the expense of the owner. 1. Temporary signs. a. 90 days. Paper, cloth and cardboard signs, banners, balloons, flags, bunting, portable signs, moving, flashing and scintillating signs, and other similar signs. b. 12 months. Signs painted on structures, walls, roofs, or fences. 2. Permanent signs - 15 years. Signs constructed of durable materials (e.g., metal, plastic, wood) designed to have a useful life of more than one year. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-137 Sign Standards 22.36 B. Annexed areas. Except as otherwise provided in this Section, signs in areas annexed to the City after the date of adoption of this Chapter which do not conform to the provisions of this Chapter, shall be regarded as nonconforming signs and may remain for the amortization period as listed above, following notification by the Director. C. Exception. If a nonconforming sign has historical significance apart from its main purpose of advertising, the sign may be granted a Conditional Use Permit for continued use in compliance with Chapter 22.58 (Conditional Use Permits), D. Maintenance and repair. Nonconforming signs and sign structures maybe maintained and repaired in compliance with Section 22.68.020. (Restrictions on Nonconforming Structures and Uses). 22.36.100 -Abandoned Signs A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. The sign shall be removed within 30 days of the close of business. If the owner or lessee fails to remove the sign, the Director shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the owner's expense. 22.36.110 -Inventory and Abatement of Illegal and Abandoned Signs A. Inventory of signs required. Within six months following the adoption of this Chapter, the Director shall commence an inventory and identification of all illegal and abandoned signs within the City. B. Authority to abate. The Director is authorized to abate illegal and abandoned signs. Abatement of identified illegal or abandoned signs shall commence within eight months of the adoption of this Chapter and shall be ongoing thereafter. C. Illegal signs in the public right-of-way. Illegal signs posted in the public right-of-way or upon public property may be removed by the Director without notice or hearing. Signs shall be retained by the City for a period of not less than 30 days. Thereafter, any unclaimed signs may be discarded. D. Recovery of Costs. When the City is required to remove illegal or abandoned signs in compliance with this Section, the reasonable cost of the removal maybe assessed against the owner of the sign(s). 22.36.120 -Standards for Specific Types of Signs A. Awning signs 1. Signs on awnings shall only be located on building frontages, including those fronting a parking lot or pedestrian way. 2. Signs on awnings are limited to ground level and second story occupancies only. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-138 Sign Standards 22.36 3. Awnings shall not be internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed. B. Freestanding monument signs 1. Signs are allowed only for frontages adjoining a public street. 2. Signs shall not be located closer than 25 feet from a property line, except that a sign may be located up to 10 feet from an ultimate street right-of-way line. 3. There shall be a minimum of 75 feet between two freestanding signs on adjoining sites to ensure adequate visibility for all signs. The Director may waive this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties. 4. Signs shall not project over public property, vehicular easements, or rights -of -way. Signs shall not obstruct traffic safety sight areas. 5. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 30 sq. ft. of sign area = 60 sq. ft. of landscaped area. 6. Signs shall contain an Arabic number address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet of sign face area. Numbers shall be a minimum of three inches in height and shall be clearly visible from the adjacent street. Address plates shall not be calculated against the permitted sign face area. C. Freeway -oriented signs. On -site and off -site freestanding signs maybe permitted by Conditional Use Permit in lieu of freeway -oriented wall signs for certain properties when they are visible from and adjacent to a freeway right-of-way in compliance with the following: 1. Signs are only for the purpose of advertising fuel, food, and/or lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for uses that are located within 200 feet of the freeway right-of-way. 3. It can be demonstrated that wall signage cannot be located on the building itself in a manner that will be visible to motorists traveling in either direction along the freeway; 4. The highest point of a freestanding sign shall not exceed 25 feet above the height of the freeway right-of-way as measured at the point nearest to the proposed sign; and 5. The maximum sign face area shall not exceed 10 feet in height and 20 feet in width. If the site upon which lodging accommodations are located contains businesses Diamond Bar Development Code Article III -Site Planning July 21,1998 III-139 Sign Standards 22.36 engaged in the sale of food and fuel in addition to the place of lodging, these uses may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted per site; b. Changeable copy signage is not allowed; c. T'he maximum size permitted for the freestanding sign is not exceeded; and d. No wall signs are visible from the freeway for uses identified on the freestanding sign. e. Signs shall be separated by a minimum distance of 1,320 feet. 6. More than one use of each type maybe identified on the freeway -oriented sign. D. Marquee signs. 1. Signs shall be mounted only on the front or sides of a marquee, or suspended below. 2. Signs shall not project more than six inches from the face of a marquee. 3. Signs shall not extend above the top of a marquee. 4. A clear distance of eight feet shall be maintained from the lowest part of a suspended sign to the ground below. E. Neon signs and architectural lighting. T'he use of neon tubes for signs or architectural elements shall be permitted in commercial zoning districts only subject to the following requirements: 1. Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum 20 amps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon; 2. The neon manufacturer shall be registered with Underwriters Laboratories; 3. Neon tubing shall not exceed one half inch in diameter; 4. Neon lighting adjacent to residential uses shall not exceed one half footcandle measured at the property line; 5. Neon tubing shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly -glazed tiles, or other similar materials); 6. When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view whenever possible through the use of parapets, cornices, or ledges; and 7. Neon signs hung inside a storefront window shall not occupy more than 25 percent of the window area. Diamond Bar Development Code Article III -Site Planning July 21, 199s III-14o Sign Standards 22.36 F. Temporary signs. 1. Temporary special event signs. A special event sign or banner is intended to inform the public of a unique happening, action, purpose, or occasion, (e.g., grand opening or community event), and shall comply with the following standards: a. A business or commercial center maybe allowed to display special event signs or banners for a grand opening or similar event for six periods per calendar year for a maximum of fourteen days per event, with a minimum of 30 days between events. Sign area is limited to 50 square feet; b. An organization maybe allowed to display special event signs or banners in any zoning district for a period of up to two weeks. Periods up to 60 days may be approved by the Director if the applicant provides written justification. Sign area is limited to 50 square feet. Inflatable devices shall not exceed three feet in diameter; and c. Special event signs shall not include promotional advertising. 2. Temporary advertising/promotional signs and devices. Temporary advertising/ promotional signs painted on a window or constructed of paper, cloth, or similar disposable materials, windblown devices (e.g., pennants, streamers, and banners), and inflatable devices subject to the following limitations: a. Signs and other devices may be displayed for a maximum of 30 days within a 90 day period and a maximum of 90 days per calendar year to promote a particular event, sale, or product; b. The total area of all temporary signs and banners shall not exceed 25 square feet per business; c. Inflatable devices are allowed on freeway oriented parcels in a commercial zoning district. Tethered balloons and inflatable devices shall not exceed a height of 60 feet above finished grade, d. The area of temporary signs attached to, or painted on windows shall not exceed 25 percent of the window area; e. Signs shall not be attached to the exterior of windows or doors except painted -on signs; and f. Signs shall not be located above the edge of the roof or above the sill of the second story windows on a multi -story structure. 3. Temporary business identification signs. A maximum of two temporary signs for the identification of a new business until permanent signs can be erected are allowed for a period not to exceed 90 days. One time extension may be granted by the Director. Maximum sign area is limited to 50 square feet. Diamond Bar Development Code .Article III -Site Planning July 21,1998 III-141 Sign Standards 22.36 4. Temporary subdivision signs. The placement of on -site subdivision identification/directional signs shall comply with the following standards: a. Signs may contain only the name of the subdivision, name of the developer and/or agent, an identification emblem, sales price, and directional message; b. A maximum %J two on -site signs may be located within the project; c. The total area of each sign shall not exceed 32 square feet; d. The height of each sign shall not exceed six feet; e. Signs shall not be illuminated; f. Signs maybe displayed during the two years following date of recordation of the final map, or until 100 percent of the units have been sold, whichever occurs first. Small apartment complexes (29 units or less) may display sales signs during construction and for a period of one year following the issuance of the Certificate of Occupancy; and g. Apartment and group housing complexes of 30 units or more shall be considered within the definition of a subdivision for the purpose of this Subsection. G. Wall signs. 1. Signs shall be located only on building frontages unless specifically approved by the Director. 2. Signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches. 3. Signs shall not project above the edge of the roof of a structure. 4. Signs shall not be placed to obstruct any portion of a window. H. Window signs. 1. Signs shall be allowed only on windows located on the ground level and second story of a building frontage. 2. Signs shall be permanently painted or mounted on the inside of windows and doors. 3. Signs shall not occupy more than 25 percent of the window area of any one window including permanent and temporary signs. 22.36.130 -Sign Standards by Zoning District The sign standards provided in this Section are intended to apply to signs in all zoning districts. Only signs authorized by this Section shall be allowed unless otherwise expressly Diamond Bar Development Code Article III -Site Planning july 21, 1998 III-142 Sign Standards 22.36 provided in this Chapter. The following standards are maximums and lesser standards may be applied to a particular project if the circumstances warrant. Table 344 does not provide standards for temporary signs or signs that are exempt from Sign Permits. Standards for these signs are provided in Section 22.36.120.F. (Temporary Signs) and Section 22.36.050 (Exemptions from Sign Permits). Diamond Sar Development Code Article III -Site Planning July 21,1998 III-143 cn fV N H (J H C4 N H A z �o cn N W i+ � A Ey � d A z 4 H z u m U) nn �, r-; v c C 'a Rf <sC w m = to Q C O •c Q :£ a)N N m N O _� E c6 co Co !o co`•:3d ° L C") co c O> .d OCD CO N N N f O N N N ZO 0 0 ° a m o Cc$ o m 3 0 n .—c0 css o° o c cEa c C) CD w co Cn CA (n n- O O ° O C ° U) N U O 0) c alO a 0 a Q — y �� m N =� 0 rn o m m o m O °> a� m inao m m m m z cn o rn�, 14Wto to 0 0N to �- >.lw J.'>Q. wp c O O p E O C w c a O0 to — O 1] co c> coc•� �tII:::N ZT 0 — N a y 0 ccccC c y m� co 0 L '� C O. 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Native trees are a significant part of this environment. While impacted by development over the years, several areas in the City still contain native oak, walnut, and riparian woodlands which support species of trees important to our natural heritage. Trees are an important natural resource, contributing to the environment by replenishing oxygen and counteracting air pollution, controlling soil erosion, and providing wildlife habitat. Trees are an aesthetic asset which provide scale, color, aroma, shade, visual buffers between land uses, and increased property value. It is essential to the public peace, health, and welfare that such trees be protected from random removal or cutting, especially where such trees are associated with a proposal for development. The General Plan, as the overall policy document for the City, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, naturalized California Pepper and significant trees of cultural or historical value. The purpose of this Chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement. 22.38.020 -Applicability The provisions of this Chapter shall apply in all zoning districts to the removal, relocation or pruning of protected trees as provided in Section 22.38.030 (Protected Trees). Exceptions to the provisions of this Chapter are outlined in Section 79.38.060 (Exemptions). Diamond Bar Development Code Article III -Site Planning July 21,1998 III-149 Tree Preservation and Protection 22.38 22.38.030 -Protected Trees A. A protected tree is any of the following: 1. Native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a DBH of eight inches or greater; 2. Trees of significant historical or value as designated by the Council; 3. Any tree required to be preserved or relocated as a condition of approval for a discretionary permit; 4. Any tree required to be planted as a condition of approval for a discretionary permit; and 5. A stand of trees, the nature of which makes each tree dependent upon the others for survival. 22.38.040 -Damaging Protected Trees Prohibited Except as provided in Section 22.38.060 (Exemptions), no person shall cut, prune, remove, relocate, or otherwise destroy a protected tree. The topping of protected trees is prohibited. No reduction of the tree crown shall be permitted without a Tree Pruning Permit and then only by "thinning out" selected branches in compliance with guidelines published by the National Arborists Association. 22.38.050 - Tree Removal Permit or Tree Pruning Permit Required No person shall remove or relocate a protected tree or develop within the protection zone of a protected tree without first obtaining a Tree Removal Permit from the Director. No person shall prune a protected tree without first obtaining a Tree Pruning Permit from the Director if branches are to be pruned that are over four inches in di Diameter at the point of the cut. The maximum amount allowed for the pruning of a protected tree shall be 20 percent, except for Oak trees which shall be 10 percent. 22.38.060 -Exemptions The following shall be exempt from the provisions of the Chapter: A. Trees, except those designated by the City Council as a historical or cultural tree and trees required to be preserved, relocated, or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code. B. Trees held for sale by licensed nurseries or tree farms or the removal or transplanting of trees for the purpose of operating a nursery or tree farm; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-150 Tree Preservation and Protection 22.38 C. A tree that is so damaged, diseased or in danger of falling (as verified by an arborist) that it cannot be effectively preserved, or its presence is a threat to other protected trees or existing or proposed structures; D. Trees within public rights -of -way where their removal, pruning or relocation is necessary to obtain adequate line -of -site distances or to keep streets and sidewalks clear of obstructions as required by the City Engineer; E. Trees that present a dangerous condition requiring emergency action to preserve the public health, safety and welfare as determined by the Director. F. The maintenance of trees that interfere with a public utility's ability to protect or maintain an electric power or communication line, or other property of a public utility; or G. The pruning of branches not to exceed 4 inches in diameter or compensatory pruning in compliance with guidelines published by the National Arborists Association, intended to ensure the continued health of a protected tree. H. Native oak, walnut, sycamore, willow, or naturalized Native California pepper trees located upon a lot of 1/2 acre or less are exempted from these regulations. I. Any native oak, walnut, sycamore, willow, or naturalized California pepper trees planted subsequent to the subdivision of property of any size are exempted from these regulations. 22.38.070 -Tree Removal in Conjunction with a Discretionary Permit When the removal or relocation of a protected tree is proposed in connection with an application for another discretionary permit, the Director may waive the requirement of a separate Tree Removal Permit and require necessary information to be submitted as part of the discretionary permit application. All of the standards of this Chapter, including Section 22.38.130 (Tree Replacement/Relocation Standards) and Section 22.38.140 (Tree Protection Standards), shall apply to the approval of a discretionary permit. 22.38.080 -Application Submittal Requirements A. Applications for a tree removal permit or a tree pruning permit shall be filed with the department. The Department will consider an application complete when all necessary application forms, materials and exhibits, as established by the department, have been provided and accepted as adequate and all necessary fees have been paid. B. The Director may require the submittal of an arborist report before accepting the application for filing. Arborist reports shall be paid for by the applicant and may be required to include specific information as required by the Director. This information may include but is not limited to: the impact on existing trees, the health and structural stability of existing trees and any remedial measures or mitigation recommended. C. The Director may require additional information when deemed necessary for permit processing. Any request for the removal or relocation of a protected tree proposed in Diamond Bar Development Code Article III - Site Planning July 21,1998 III451 Tree Preservation and Protection 22.38 conjunction with an application for another discretionary permit, shall be subject to approval by the same hearing body as the discretionary permit. 22.38.090 - Action on Application An application for a Tree Removal Permit or Tree Pruning Permit, shall be approved, conditionally approved or denied by the Director. Where the Director finds that significant policy questions are at issue, the Director may refer the application to the Commission for action. If an application is denied, the reasons shall be provided to the applicant in writing. 22.38.100 -Conditions of Approval In approving an application for a Tree Permit or Tree Pruning Permit, the Director or Commission may require the applicant to meet certain conditions in order to secure the purpose of this Chapter. Conditions may include, but are not limited to, measures designed to protect and preserve protected trees remaining on the site and the restoration of protected trees removed from the site. 22.38.110 -Findings for Approval In order to approve an application for a Tree Permit or Tree Pruning Permit, it shall be necessary that one or more of the following findings be made, otherwise the application shall be denied. A. The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; B. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); C. The tree is a potential public health and safety hazard due to the risk of it falling and its structural instaty cannot be remediated; D. The tree is a public nuisance by causing damage to improvements, (e.g. building foundations, retaining walls, roadways/driveways, patios, and decks); E. The tree is host to an organism which is parasitic to another species of tree which is in danger of being exterminated by the parasite; F. The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and G. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 99-38.130 (Tree Replacement/Relocation Standards) below. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-152 Tree Preservation and Protection 22.38 22.38.120 - Tagging In the processor preparing a Tree Report, each tree is required to be physically marked for identification by consecutively numbered tags. The following method of tagging shall be used to identify and locate applicable trees. A. A permanent tag, a minimum of two inches in length, shall be used for identifying applicable trees. The tag shall be made from a noncorrosive, all-weather material and be permanently attached to the tree in a manner preserving its health and viability. B. Tags shall be located on the north side of the tree at a height of four and one half feet above natural grade. 22.38.130 -Tree Replacement/Relocation Standards A. Replacement trees shall be indigenous to the area whenever feasible as determined by an arborist. B. Replacement trees shall be planted at a minimum 2:1 ratio for residential properties less than 20,000 square feet. Residential parcels greater than 20,000 square feet and commercial and industrial properties shall be planted at a minimum 3:1 ratio. The Director or Commission may grant exceptions to these requirements or may require additional replacement trees based on the following considerations: 1. T'he vegetative character of the subject property; 2. The number of protected trees which are proposed to be removed in relation to the number of protected trees currently existing on the subject property; 3. The anticipated effectiveness of the replacement of trees, as determined by arborists' report submitted by the applicant; and C. Replacement trees shall be a minimum box size of 24 inches for six or fewer replacement trees. For greater than six replacement trees, the sizes shall be determined by the Director. Smaller container sizes may be approved by the Director or Commission when additional replacement trees are provided significantly exceeding the required replacement ratios. D. Tree relocation or replacement shall be on the same site to the extent feasible. A written report by an arborist is required concerning the methodology and feasibility of transplanting trees. E. Where site conditions preclude the long-term success of replacement trees, the Director or Commission may require either or both of the following alternatives: 1. Planting replacement trees on public property (e.g., designated open space areas or public parks); and/or Diamond Bar Development Code Article III -Site Planning July zs, i99s III-153 Tree Preservation and Protection = 22.38 2. Monetary donation to a Tree Replacement Fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist's report. F. The applicant may be required as a condition of permit approval to enter into a tree maintenance agreement prior to removal of any protected tree or commencement of construction activities that may adversely affect the health and survival of trees to be preserved. The maintenance agreement may include provisions for the submittal of arborist reports during and after construction activities, installation of replacement trees and irrigation systems by or under the supervision of a certified arborist, replacement of trees that die during or after construction phases, periodic fertilizing and pruning, and submittal of a security deposit as may be necessary to ensure the health and survival of the affected trees during the effective date of the tree maintenance agreement. The performance security may be require for three years from the date of the approval.or as determined by the Director. The amount of the performance security deposit shall be equal to 125 percent of the cost of a nursery grown tree and installation by a qualified professional. 22.38.140 - Tree Protection Requirements - The Director shall determine during project review whether and to what extent measures will be required to protect the existing trees during construction. This decision shall be based upon the proximity of the area of construction activity to existing protected trees. The protective measures shall include but are not limited to the following. A. The existing trees to be retained shall be enclosed by chain link fencing with a minimum height.of five feet or by another protective barrier approved by the Director prior to the issuance of a grading or building permit and prior to commencement of work. B. Barriers shall be placed at least five feat outside the drip line of trees to be protected. A lesser distance may be approved by the Director if appropriate to the species and the adjacent construction activity. C. No grade changes shall be made within the protective barriers without prior approval by the Director. Where roots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw cut and covered with soil in conformance with industry standards. D. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. E. No attachments or wires other than those of a protective or non -damaging nature shall be attached to a protected tree. F. No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint; solvent, oil, thinner, asphaYt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protected barrier. Diamond Bar Development Code Article III" Site Planning July 21,1998 III454 Tree Preservation and Protection 22.38 G. If access within the protection zone of a protected tree is required during the construction process, the route shall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and fertilized at the conclusion of the construction. H. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk. The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy non -porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water. I. When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade. With either method, the area within the drip line shall be left at the original grade. The retaining wall shall be porous to allow for aeration. J. Trees that have been destroyed or that have received major damage during construction shall be replaced prior to final inspection. 22.38.150 -Post Decision Procedures A. Appeals. Decisions of the Director shall be considered final unless an appeal is filed in compliance with Chapter 22.74 (Appeals). The decision of the Director may be appealed to the Planning Commission. The decision of to the Commission may be appealed to the Council. B. Expiration/extension. A Tree Removal Permit or Tree Pruning Permit shall be exercised within one year from the date of approval or other time frame that may be established with a discretionary permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter 22.66 (Permit Implementation and Time Extensions). If a Tree Removal Permit or Tree Pruning Permit is not exercised within the established time frame, and a time extension is not granted, the provisions of Chapter 22.66 (Permit Implementation and Time Extensions) shall apply. C. Construction monitoring. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by the Director, or by an arborist. D. Revocation. A Tree Permit or Tree Pruning Permit may be revoked or modified, in compliance with Chapter 22.76 (Revocations/Modifications), if it is found that the tree removal, relocation or protection activities: 1. Resulted from misrepresentation or fraud; 2. Has not been implemented in a timely manner; 3. Has not met, or has violated, any conditions of approval; 4. Is in violation of any code, law, ordinance or statute; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-155 Tree Preservation and Protection 22.38 5. Is detrimental to public health, safety or welfare; or 6. Constitutes a nuisance. E. Enforcement. 1. Any person who cuts, damages, or moves a protected tree in violation of this Chapter shall be deemed guilty of an infraction or misdemeanor in compliance with Section 22.78.060 (Legal Remedies). 2. Violation of this Chapter during construction activity may result in an immediate stop -work order issued by the City, until permits are obtained along with proper mitigation. 22.38.160 -Tree Replacement Fund Moneys received by the City in lieu of replacement trees as provided for in Section 22.38.130 (Tree Replacement/Relocation Standards), or as civil penalties for violations of this Chapter shall be deposited in a Tree Replacement Fund and the City's general fund, respectively. Funds collected by the City for the Tree Replacement Fund and interest earned thereon shall be used solely for the planting of trees or other vegetation on publicly owned property. 22.38.170 -Buyers Awareness Package When a project contains trees that have been protected or planted under the requirements of this Chapter, the developer shall provide buyers with information regarding the proper care of the trees. The information shall be specific to different tree species and include information on proper pruning techniques, pest and disease control, fertilization requirements, watering needs, and other pertinent information about the particular tree species. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-156 CHAPTER 22.40 - TRANSPORTATION DEMAND MANAGEMENT Sections: 22.40.010 -Purpose 22.40.020 - Applicability 22.40.030 - Transportation Demand Management Program Requirements 22.40.040 - Miscellaneous Optional Measures 22.40.050 - Monitoring 22.40.010 -Purpose The purpose of this Chapter is to achieve the following: A. Mitigate the impacts that new and expanding land uses may have on traffic congestion and air quality within the City and surrounding region; B. Promote transportation demand management strategies that encourage employers to utilize both the existing and planned transportation infrastructure in an efficient manner through a variety of trip reduction techniques, C. Specify responsibilities of applicants proposing non-residential development within the City to consider transportation demand management strategies which incorporate design standards and other strategies that reduce single -occupant vehicle trips; D. Require the implementation of strategies that reduce transportation demand through the City permit review process; E. Support development of faalities that promote the use of alternative, energy -conserving transportation modes; and F. Implement State law (Government Code 65088, Congestion Management). 22.40.020 -Applicability Any new or expanded nonresidential development or change of use whose total square footage exceeds, or will exceed, the thresholds provided in Section 22.40.030 (Transportation Demand Management Program Requirements) shall provide, as a minimum, all applicable transportation demand management and trip reduction measures in compliance with this Chapter. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-157 Transportation Demand Management 22.40 22.40.030 - Transportation Demand Management Program Requirements All applicable projects shall prepare and implement a Transportation Demand Management (TDM) Program which will encourage increased ridesharing and the use of alternative transportation modes. A TDM Program shall include all of the requirements of this Section and may include the optional measures provided in Section 22.40.040 (Miscellaneous Optional Measures). A. Projects 25,000 square feet to 50,000 square feet. All nonresidential projects/uses of 25,000 square feet to 50,000 square feet shall provide a bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information displayed shall include the following: 1. Current maps, routes and schedules for public transit routes serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; 3. Ridesharing promotional material supplied by commuter -oriented organizations; 4. Bicycle route and facility information, including regional/local, bicycle maps and bicycle safety information; and 5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. B. Projects 50,000 square feet and above. All non-residential projects/uses of 50,000 square feet and more shall provide the measures outlined above in addition to the following: 1. CarpooUvanpool preferential parking. At least 10 percent of the employee parking spaces shall be designated for carpool vehicles by marking the spaces "Carpool Only." Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the project. Spaces shall be located near the structure's employee entrance(s) or other preferential locations within the employee parking areas as approved by the Director. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining preferential spaces shall be included on the required transportation information board. For the purposes of this Section, the percentages listed below shall be used to determine the number of employee parking spaces: Diamond Bar Development Code Article III -Site Planning July 21,1998 III-158 Transportation Demand Management 22AO Office uses (excluding medical/dental offices) ( 85% Hospital and medical/dental offices � 50% Commercial uses � 30% Industrial and warehousing I 90% 2. Bicycle parking. A bicycle parking/storage area shall be provided for use by employees and tenants, located in a secure location in close proximity to employee entrances. The minimum number of bicycle parking spaces to be provided shall be three spaces for each 100 employees or fraction thereof. This requirement is in addition to bicycle parking requirements for the public as provided in Chapter 22.30 (Off -Street Parking and Loading Standards). 3. Pedestrian access. Sidewalks and other paved pathways shall be provided on -site to connect off -site external pedestrian circulation systems, for both existing and proposed development. 4. Commuter matching service. Commuter matching services for ridesharing and carpooling shall be provided to all employees on an annual basis and all new employees upon hiring. C. Projects 100,000 square feet and above. All non-residential projects/uses of 100,000 square feet and more shall provide all of the measures outlined above in addition to the following: 1. CarpooUvanpool loading zones. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers shall be provided near employee entrances. 2. Transit waiting shelters. ,Bus pullouts, bus pads and bus shelters may be required by the Review Authority for projects located along high traffic volume streets and established or proposed bus routes. The City will consult with local bus service providers in determining appropriate improvements. Structure entrances shall be designed to provide safe and efficient access to nearby transit stations/stops. 3. Joint access and shared parking. For applicable projects, as determined by the Review Authority, joint access and shared parking across multiple parcels may be required to implement the intent of this Chapter. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-159 Transportation Demand Management 22.40.040 - Miscellaneous Optional Measures The following measures maybe incorporated into a project in order to further implement the intent of this Chapter. A. Shower and locker facilities provided on -site for use by employees/tenants who commute to the site by bicycle/walking, B. On -site day care facilities; C. On -site lunch room/cafeteria facilities; and D. Telecommunication facilities available for shared use (e.g., teleconferencing, teleservices, or telecommuting). 22.40.050 -Monitoring A. Facilities required under this Chapter shall be included in the building plans and submitted to the Department. B. Prior to the issuance of a Certificate of Occupancy, all requirements of this Chapter shall be in place and operational. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-160 CHAPTER 22.42 - STANDARDS FOR SPECIFIC LAND USES Sections: 22.42.010 -Purpose and Applicability 12.42.020 - Adult -Oriented Businesses 12.42.030 - Animals as Pets 22.42.040 - Child Day Care Facilities 22.42.050 - Drive -In and Drive -Through Facilities 22.42.060 - Guest Houses 22.42.070 - Home -Based Businesses 22.42.080 - Outdoor Display and Sales Standards 22.42.090 - Outdoor Storage or Work Activities 22.42.100 - Recycling Facilities 22.42.110 - Residential Accessory Uses and Structures 22.42.120 - Secondary Housing Units 22.42.130 - Telecommunications Facilities 22.42.010 -Purpose and Applicability This Chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses). 22.42.020 - Adult -Oriented Businesses This Section establishes standards for the location, development, and operation of adult entertainment business. A. Purpose. It is the intent of this article to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods brought about by the concentration of adult -oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that the concentration of adult -oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of adult -oriented businesses or their close proximity to incompatible uses, while permitting the location of adult -oriented businesses in certain areas. B. Applicability. Adult -oriented businesses, shall be allowed in the Light Industry zoning district, subject to the approval of anAdult-Oriented Business Permit subject to the supplemental provisions outlined in Subsection C below. C. Adult -Oriented Business Permit -application. In order to operate an adult -oriented business within this City, the applicant or proprietor of the business shall obtain an Adult Oriented Business Permit. All applicants for a permit, in addition to any application or Diamond Bar Development Code Article III -Site Planning July 21,1998 III-161 Standards for Specific Land Uses 22.42 documents required to be filed in compliance with the provisions of this Chapter, shall file a written, signed, and verified application on a form provided by the Director evidencing the following. 1. The name and permanent address of the applicant; 2. The name and business address of the applicants. If the applicantcorporation, the applicant shall provide the name of and the state of incorporation. The name shall be exactly as set forth in its Articles of Incorporation, and the applicant shall show the name and address of each of the officers, directors, and controlling stockholders owning no less that 10 percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners; 3. Location and address of the proposed adult -oriented business; 4. Legal description of the subject property; 5. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; 6. Proposed hours of operation; 7. A floor plan showing where the specific entertainment uses are proposed to be conducted within the building; 8. The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment; and 9. Statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with the entertainment. D. Referral of application for investigation. The Director shall refer the permit application to the Sheriff's Department for an investigation to be made of the information as contained on the application. 1. After the Sheriff Department's investigation, the Director shall approve the application within 20 days of the sheriff's completed investigation unless one or more of the following findings is true, a. That the applicant, his or her employee, agent, partner, director, officer, controlling stock holder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with any City or county agency or department. b. That on the date that the business for which a permit is required herein commences, or thereafter, there will be no responsible person on the premises to act as manager at all times during which the adult -oriented business is open. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-162 Standards for Specific Land Uses 22.42 c. That an applicant is under 18 years of age. d. That the proposed business is located outside the Light Industry Zoning District or is not in compliance with the separation requirements of Subsection F of this Section. 2. In the event that the information requested is not immediately available, (i.e. within 10 working days), the Sheriff's Department shall - if the application otherwise meets the requirements of this Chapter and the investigation conducted reveals none of the factors set forth in Subsection 1., above - issue a report thereon and the permit shall issue therefrom. Whereupon, the Director, or designee thereof, shall issue the permit. Should the information obtained materially vary from that on the application, the variance shall be cause to revoke the permit. 3. The City's decision to grant or deny the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900. E. Transfer of Adult -Oriented Business Permits. 1. A permittee shall not operate anadult-oriented business under the authority of an Adult -Oriented Business Permit at any place other than the address of the adult" oriented business stated in the application for the Permit. 2. A permittee shall not transfer ownership or control of anadult-oriented business to another person unless and until the transferee obtains a new Permit in compliance with Subsection C. 3. No permit issued in compliance with to this Chapter shall be transferable. 4. Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the PermiLs a e deemed revoked. F. Location separation requirements. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor within 500 feet of any other similar adult business, religious institution, school, or public park, or any property designated for residential use or used for residential purposes. G. Design standards. 1. No adult -oriented business shall be located in any temporary or portable structure. 2. Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public. 3. No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground. Diamond Bar Development Code Article III -Site Planning July 21,1s98 III-163 Standards for Specific Land Uses 22.42 4. All off-street parking areas and premise entries of the adult -oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by this Chapter. 5. The premises within which the adult -oriented business is located shall provide sufficient sound -absorbing insulation so that noise generated inside said premises shall not be audible anywhere on adjacent property, public rights -of -way or within any separate unit within the same building. 6. The building entrance to the adult -oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. 7. All indoor areas of the adult -oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. 8. All areas of the adult -oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level: Bookstores, novelty stores, video stores Theaters and cabarets Arcades Motels/Hotels Modeling studios 5 (except dung performances, at which times lighting shall be at least 1.25 footcandles) during 10 20 (in public areas) 20 9. The adult -oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult -oriented material and adult -oriented merchandise. The foregoing provisions of this paragraph shall not apply to a adult - oriented business which: (i) is not required to and does not provide restroom facilities to patrons or the general public; and (ii) deals exclusively with sale or rental of adult -oriented material or adult -oriented merchandise which is not used or consumed on the premises. No restrooms shall contain television monitors or other motion picture or video projection, recording, or reproduction equipment. Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-164 Standards for Specific Land Uses 22.42 10. Adult arcades shall comply with the following additional requirements: a. The interior of the premises shall be configured in a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager's stations then the interior shall be configured in a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this Subparagraph shall be direct line of sight from the designated manager's station. b. The view specified in Subparagraph a. shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials. c. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two rooms or booths as would allow either: (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two rooms or booths. 11. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements: a. Separate dressing room facilities for male and female entertainers, exclusively dedicated to the entertainers' use, shall be provided. b. An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided. c. Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If separate access is not physically feasible, a minimum three -foot -wide walk aisle between the entertainers, dressing room facilities, and the stage shall be provided. The walk aisle shall contain a railing, fence, or other barrier separating the patrons and the entertainers. The railing, fence, or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers. H. Performance standards. 1. No adult -oriented business shall be operated in a manner that permits the observation, from public rights -of -way or locations outside the establishment, of either: (i) adult -oriented material; (n) adult -oriented merchandise; (iii) specified sexual activities; or (iv) any seminude person. This provision shall apply to any display, decoration, sign, show window or other opening. 2. Exterior doors and windows of the adult -oriented business shall not be propped or kept open at any time while the business is open. Diamond Bar Development Code Article III -Site Planning July 21,199fi III-165 Standards for Specific Land Uses 22.42 3. Exterior windows of the adult -oriented business shall be covered with opaque covering at all times. 4. Patrons shall not be permitted access to any area of the adult -oriented business which has been designated as an area in which patrons will not be permitted. 5. No person under the age of 18 years shall be permitted within the adult -oriented business at any time. 6. The adult -oriented business shall maintain a security system that visually monitors and records all off street parking surfaces serving the business. 7. Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards. a. One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons. b. The security guards) shall be: (i) certified by the State Commission on Peace Officer Standards and Training; (ii) currently employed, off -duty peace officer (s); and (m) uniformed in a manner so as to be readily identifiable as a security guard by the public. c. The security guards) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this Chapter, and with notifying the Los Angeles County Sheriffs Department of any violations of law observed. d. No security guard shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. 8. No owner or other person with managerial control over anadult-oriented business shall permit any person on the premises of the adult -oriented business to engage in a live showing of specified anatomical areas or specified sexual activities. 9. Adult arcades shall comply with the following additional requirements: a. No viewing room or video booth may be occupied by more than one person at any one time. b. At least one employee shall be on duty and stationed at each manager's station at all times that a patron is present inside the premises. c. Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business. d. Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths. ' Diamond Bar Development Code Article III -Site Planning July z1,1998 III-166 Standards for Specific Land Uses 22.42 e. The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary, controls. 10. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements: a. No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least 10 feet from the nearest area occupied by patrons. b. No patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer. c. No entertainer shall have physical contact with a patron before, during or after performances. This Subparagraph shall only apply to physical contact on the premises of the business. d. No patron shall have physical contact with an entertainer before, during or after performances. This Subparagraph shall only apply to physical contact on the premises of the business. e. No patron shall directly pay or give any gratuity to an entertainer. f. No entertainer shall solicit any gratuity from a patron. 11. Gross receipts records. a. Maintenance. The owner of anadult-oriented business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which is characterized by an emphasis on specified sexual activities. Records shall be sufficient to establish the percentage of gross receipts of the business which is derived from these transactions. Records shall be maintained for at least three years after the end of the calendar year for which the records were created. b. Exemption. This Section shall not be applicable to aadult-oriented business for which such transactions constitute less than 20 percent of the gross receipts of the business. 12. Register and permit number of entertainers. a. Maintenance. Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of the business a register of all entertainers who perform at the business. The register shall list each entertainer's legal name, stage name(s), and Adult -Oriented Business Entertainer Permit number. Diamond Bar Development Code Article III -Site Planning July 21,199s III-167 Standards for Specific Land Uses 22.42 b. Annual filing. Every owner of an adult cabaret and every owner of an adult theater shall annually file with the Director a copy of the register of entertainers who perform at the business. The filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct to the best of the owner's information and belief. I. Employment of persons without permits. No permittee, owner, operator or other person in charge of a adult -oriented business shall allow any person to perform at the business unless the person is in possession of a valid Adult -Oriented Business Entertainer Permit. J. Display of permit. Every adult -oriented business shall display at all times during business hours the permit issued in compliance with the provisions of this Chapter for the business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult -oriented business. K. Inspections. The owner, operator, or other person in charge of aadult-oriented business shall allow City officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult -oriented business for the purpose of ensuring compliance with the law at any time the adult -oriented business is open for business or is occupied. L. Conditions. The requirements of this Section shall be deemed conditions of Oriented Business Business Entertainer Permit approvals. Failure to comply with every requirement shall be grounds for suspension or revocation of a Adult -Oriented Business Entertainer Permit. M. Adult -Oriented Business Entertainer Permit. It is unlawful for any person to perform at an adult -oriented business unless that person first obtains from the Director, and continues to maintain in full force and effect, an Adult -Oriented Business Entertainer Permit. No person less than 18 years of age shall be eligible for an Adult -Oriented Business Entertainer Permit. 1. Application requirements. The following shall be submitted to the Director at the time of application for anAdult-Oriented Business Entertainer Permit: a. A completed application form signed by: (i) the applicant; and (ii) the owner of the adult oriented business in which the applicant intends to perform. b. The applicant's legal name and any other names (including stage names and aliases) used by the applicant. c. Age, date, and place of birth. d. Height, weight, hair, and eye color. e. Present residence address and telephone number. f. Whether the applicant has ever been convicted of: Diamond Bar Development Code Article III -Site Planning July 21,1998 III-168 Standards for Specific Land Uses 22.42 1) Any of the offenses established in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered. 2) The equivalent of any of the aforesaid offenses if committed outside the State of California. g. Whether a person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in another jurisdiction. If any person mentioned in this Subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which the person was so licensed, registered, or authorized to engage in prostitution. h. State driver's license or identification number. i. Satisfactory written evidence that the applicant is at least 18 years of age. j. The applicant's fingerprints on a form provided by the Sheriff's Department, and a color photograph clearly showing the applicant's face Any fees for the photographs and fingerprints shall be paid by the applicant. 2. Referral of application for investigation. The Director shall refer the permit application to the Sheriff's Department for an investigation to be made of such information as is contained on the application. a. After the Sheriff's Department's investigation is completed, the Director, within 20 days, shall approve the permit unless one or more of the following findings is true; 1) That the applicant, his or her employee, agent, partner, director, officer, controlling stock holder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with any City or county agency or department. 2) That an applicant is under 18 years of age. b. In the event that the information requested in compliance with this Chapter is not immediately available, the Sheriff's Department shall - if the application otherwise meets the requirements of this Chapter and the investigation conducted reveals none of the factors set forth in Subsection a) above - issue a report thereon and the permit shall issue therefrom. Whereupon, the Director, or designee thereof, shall issue the permit. Should the information obtained in compliance with this Chapter of this Code materially vary from that on the application, the variance shall be cause to revoke the permit. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-169 Standards for Specific Land Uses 22.42 c. The City's decision to grant or deny the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900. 3. Nontransferable. a. No Adult -Oriented Business Entertainer Permit shall authorize the permittee to perform at a adult -oriented business other than the business stated in the application for the permit. b. No Adult -Oriented Business Entertainer Permit issued in compliance with this Chapter shall be transferrable. c. Any attempt to transfer anAdult-Oriented Business Entertainer Permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer. 4. Display of Permit. Every entertainer shall have his or her Adult -Oriented Business Entertainer Permit available for inspection at all times during which the entertainer is on the premises of the adult -oriented business at which the entertainer performs. N. Couch dancing/straddle dancing and other sexual activities prohibited. 1. No person shall operate or cause to be operated an adult -oriented business, regardless of whether or not a permit has been issued under this Development Code, knowingly, or with reason to know, permitting, suffering, or allowing any employee: a. To engage in a couch dance or straddle dance with a patron at the business; b. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business; c. To intentionally touch any patron at anadult-oriented business while engaged or simulating a "specified sexual activity"; or d. To voluntarily be within six feet of any patron while engaged in the display or exposure of any "specified anatomical area" or engaged in or simulating a "specified sexual activity." 2. No employee of an adult -oriented business shall: a. Engage in a couch dance or straddle dance with a patron at the business; b. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business; c. Engage in the display or exposure of any "specified anatomical area" or engage in or simulate a "specified sexual activity" closer than six feet from any patron. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-170 Standards for Specific Land Uses 22.42 3. No person at any adult -oriented business, regardless of whether or not said business is permitted under this Development Code shall intentionally touch an employee who is simulating a "specified sexual activity" at the adult -oriented business. 4. No person at any adult -oriented business, regardless of whether or not said business is permitted under this Development Code, shall engage in a couch dance or straddle dance with an employee at the business who is simulating a "specified sexual activity." employee of anadult-oriented business, regardless of whether or not a permit has been issued for said business under this Section, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. O. Establishment of an adult -oriented business. The establishment of an adult -oriented business shall include any of the following: 1. The opening or commencement of operation of any adult -oriented business as a new business. 2. The conversion of any existing business (whether or not an adult -oriented business) to any adult -oriented business. 3. The addition of any adult -oriented business to any existing adult -oriented businesses if the addition results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. P. Suspension or revocation of permits. Grounds for suspension or revocation. 1. The Director shall suspend or revoke an Adult -Oriented Business Permit for the following causes: a. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City. b. The permittee, or an employee, owner, agent, partner, director,, stockholder, or, manager of the adult -oriented business has knowingly failed to comply with any of the requirements of this Section. c. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult -oriented business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult -oriented business. d. The permittee, or an employee, owner, agent, partner, director, stockholder,- or manager of the adult -oriented business has committed a misdemeanor or felony in the conduct of the business. Diamond Bar Development Code Article III -Site Planning July 21, 199s III-171 Standards for Specific Land Uses 22.42 e. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult -oriented business has failed to abide by any disciplinary action previously imposed by an authorized City official. f. The approved use has been substantially enlarged without City approval. 2. Procedures for revocation or modification of permits shall be as established by Article 5 Chapter 22.76, Revocation & Modification. 22.42.030 -Animals as Pets A. Household pets. Animals commonly considered as household pets may be kept as an accessory use of residential property, provided the animals are kept in a humane and sanitary manner and in compliance with the provisions of this Section as follows: Not more than three dogs and three cats per household plus any unweaned litter from such pets not over six months old, and parrots, canaries, and other house birds of a similar nature. Fowl (other than house birds) are prohibited. In addition, the following types of animals may be kept as household pets: rabbits, hamsters, guinea pigs, rats, mice, turtles, salamanders, newts, chameleons, not more than three nonpoisonous reptiles not over six feet long, any nonpoisonous toad, lizard, or spider, and other animals of a similar nature as may be determined by the Director. B. Animal Permit may be required. The keeping of animals other than those normally considered to be household pets, or in greater numbers or on smaller parcels than allowed by this Section, shall require the approval of an Animal Permit in compliance with Section 22.44.020 (Authority for Land Use and Zoning Decisions). An Animal Permit may only be issued in compliance with the following: 1. Horses. The keeping of horses is allowed on parcels greater than 15,000 square feet. One horse may be kept for each 5,000 square feet of parcel area to a maximum of 4 horses. Offspring that increase the total number upon the premises beyond the number permitted shall be removed from the premises no later than six months after birth, subject to compliance with the following standards: a. Horses shall not be kept within forty feet of any habitable structure. b. Any building used to house horses (i.e. barns, stables) shall be located in the rear yard behind the residence on the lot and shall maintain side yard setbacks in accordance with Article II, Section 22.08.040 and a rear yard setback of a minimum of ten feet. c. Other structures used to enclose horses including corrals, paddocks, and similar enclosures may be located in rear yards five feet from side and rear property lines, provided the forty foot distance from habitable structures is maintained. d. All structures housing horses shall be maintained free from litter, garbage, and the accumulation of weeds or manure. Premises shall be maintained in a neat Diamond Bar Development Code Article III -Site Planning July 21, 199s III-172 Standards for Specific Land Uses 22.42 and sanitary manner. All horse raising shall comply with public health laws regarding proper care of animals and removal of waste. 2. An Animal Permit shall not be granted if the review authority determines that the area proposed for the animal(s) to be kept is insufficient for the size/type of animal. C. Conditional Use Permit. The keeping of more than our horses shall require approval of a Conditional Use Permit in Compliance with Chapter 22.58, D. Dangerous or offensive animals. No person shall keep, maintain, or have in their possession on any property owned or controlled by them, any household pet(s) or any other animal(s) in a manner, number or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor. 22.42.040 -Child Day Care Facilities This Section establishes standards for the City review of child day care facilities, in compliance with State law and in a manner that recognizes the needs of day care operators and at the same time minimizes the effects on surrounding properties. These standards apply in addition to the other applicable provisions of this Development Code and requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social services is required for child day care facilities. A. Standards for large family day care homes. The following standards shall apply. 1. Conditional Use Permit required. Permit processing for large family day care homes shall be subject to the following. a. Permit requirement and public notice. A large family day care home shall require the approval of a nondiscretionary Conditional Use Permit by the Director. Property owners within 100 feet of the proposed site shall be provided notice of the application at least 10 days prior to the date of the Director's decision on the permit. A public hearing may be requested in writing by the applicant or other affected person(s). The notice shall state that the Director's determination may be appealed to the Commission, in compliance with Chapter 22.74 (Appeals), but that the Commission may only grant the appeal and reverse or modify the determination if the Commission finds that the Director's determination was contrary to State or City laws governing large family day care homes. b. Criteria for approval. A Conditional Use Permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this Section. 2. Day care provider's residence. The large family day care home shall be the principle residence of the day care provider and the use shall be clearly incidental and secondary to the use of the property as a residence. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-173 Standards for Specific Land Uses 22.42 3. Fire Department standards. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the State Fire Marshall. 4. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours for each day between the hours of 6900 a.m. and 8#00 p.m. and may only conduct outdoor activities between the hours of 7*00 a.m. and 7#00 p.m. Additionally, the facility shall be in full compliance with Chapter 22.28 (Noise Control) for the subject zoning district. 5. Off-street parking standards. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards), one additional space for the drop-off and pick-up of the children utilizing the facility to ensure that the children are not placed at risk and street traffic is not unduly interrupted, and one additional parking space for each person working at the facility, other than a person who resides at the home. a. The driveway of a care facility may serve to meet the required off-street parking spaces and/or the drop-off area. b. The drive -way parking spaces may be in tandem with the on -site garage spaces. Any facility located on an arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles reentering the arterial street will be able to do so in a forward manner. c. All required parking spaces for large family day care facilities shall be provided on site. 6. Separation standards. A large family day care home shall not be located within three hundred feet of another large family day care home. An existing large family day care home nonconforming with regard to this separation requirement shall not be subject to amortization and elimination. 7. Signs prohibited. No signs shall be allowed in conjunction with a day care facility. B. Standards for child day care centers. The following standards shall apply, in addition to those standards contained in Subsection B. (Standards for large family day care homes), above. 1. Fence or wall. A six foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Chapter 22.20 (Fences, Walls, and Hedges); 2. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool and school age children; and Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-174 Standards for Specific Land Uses 2142 3. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for each child, but not less than 450 square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play lot shall be located in the rear yard. Stationary play equipment shall not be located in front and side yards. 22.42.050 -Drive-In and Drive -Through Facilities Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness in the following manner: A. Drive -through aisles shall have a minimum 10-foot interior radius at curves and a minimum 12400t width. Each drive -through entrance/exit shall be at least 50 feet from an intersection of public rights -of -way, measured at the closest intersecting curbs, and at least 25 feet from the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings; B. Each drive -through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space; C. Pedestrian walkways should not intersect the drive -through drive aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings; D. The provision of drive -through service facilities shall not justify a reduction in the number of required off-street parking spaces; E. Service areas, waste storage areas, and ground mounted or roof mounted mechanical equipment shall be screened from view from adjacent properties or public rights -of -way; F. The vehicle queuing capacity of the drive -through facility and the design and location of the ordering and pickup faces shall be determined by the Director. The applicant shall submit a circulation study and appropriate documentation addressing the following issues. 1. Nature of the product or service being offered; 2. Method by which the order is processed; 3. Time required to serve a typical customer; 4. Arrival rate of customers; 5. Peak service hour; and 6. Anticipated vehicular queuing required. G. Each drive -through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking lots; and Diamond Bar Development Code Article ILI -Site Planning July 21,1998 III-175 Standards for Specific Land Uses 22.42 H. A six -foot -high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. 22.42.060 - Guest Houses This Section establishes standards for the development and operation of guest houses in any zoning district where guest houses are` allowed in compliance with Article H (Zoning Districts and Allowable Land Uses), provided all of the following standards are met: A. Intended use. A guest house, which may include only a sleeping area, living area, and bathroom, is intended to provide temporary living quarters within a detached or attached residential accessory structure, located on the same premises with the main dwelling, for use by guests of the occupants of the premises, and shall not be rented or otherwise used as a separate dwelling. B. Development standards. The location and construction of guest houses shall comply with the following standards: 1. Nurnber. Only one guest house shall be allowed on a single legal parcel of record; 2. Access. The location of a detached guest house shall provide minimum five-foot wide pedestrian access to the main dwelling; 3. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The guest house shall not be provided with separate metered utilities; 4. Plumbing and electrical installations. Plumbing shall be limited to that required for a single bathroom. The bathroom shall only contain one water closet, lavatory, and a shower or tub. Electrical installation shall be limited to the minimum required for heating, light, and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard; 5. Kitchens prohibited. The guest house shall not contain a kitchen or other cooking facilities. For the purpose of this Section, a kitchen or other cooking facilities are defined as to include, but not be limited to, the following: a. Cooking stove with or without an oven; b. Hot plates; c. Kitchen sink, cabinets and appurtenant plumbing; d. Microwave or convection ovens; and e. All appurtenance related to the above. Diamond Sar Development Code Article III -Site Planning July 21,199s III-176 Standards for Specific Land Uses 22.42 6. Size and permit requirements. A guest house of 500 square feet of gross floor area may be approved by the Director. Guest houses in excess of 501 square feet may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56 (Minor Conditional Use Permit); 7. Rentals prohibited. The guest house shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect; 8. Subdivision prohibited. Subsequent subdivisions) of the parcel which may attempt to divide the main dwelling from the guest house shall not be allowed; 9. Compatibility. The guest house shall be designed to ensure compatibility and visual harmony with the main dwelling on site and with other residential structures in the surrounding neighborhood; and 10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 40 percent; and 22.42.070 -Home-Based Businesses Home based businesses are allowed in residential zoning districts when operated in compliance with the provisions of this Subsection: A. Operational standards. Home based businesses shall comply with the following operating standards: 1. Location. The location of the business shall be the principal residence of the persons) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. No alterations. Alterations shall not be made which would alter the character of the residence or change its occupancy classification in compliance with the Building Code; 3. Signs. Advertising sign(s), displays of merchandise or stock in trade, or other identification of the business activity shall not be provided on the premises; 4. Nuisance factors. The business shall not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses; 5. Residents only. Persons engaged in the business shall be limited to persons residing on the premises and one employee; 6. Size. The total floor area used for the business, including any area within accessory structures, shall not exceed 20 percent of the total living space of the dwelling unit or 400 square feet, whichever is larger. The space devoted to non-commercial business vehicles under one ton carrying capacity, parked in the garage, is excluded from the total floor area devoted to the business; Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-177 Standards for Specific Land Uses 22.42 7. Use to be enclosed. The business shall be conducted completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted. 8. No outside storage. Equipment, materials or products associated with the business shall not be stored outdoors. Contractors are not permitted to store landscaping, plumbing, electrical, construction or similar supplies or materials on the premises, except those contained within a single vehicle of less than three -fourths ton carrying capacity. 9. Hazardous materials. The business shall not involve the storage or use of explosive, flammable, or toxic materials specifically defined as hazardous materials; 10. Vehicle trips. The business shall not generate additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located. Clients, customers, patrons or students shall not visit or conduct business at the residence. Truck deliveries of mail or packages are not permitted to average more than two times per week, and 11. Sale and storage of merchandise. Merchandise, products or stock -in -trade shall not be sold upon the premises, and stock used by the business that is not customary to a residence shall be stored at an off -site location (e.g., storage facility or other non- residential location). Required parking spaces shall be kept clear and used only for the parking of vehicles owned by persons residing on the premises. B. Prohibited home based businesses. Home based businesses are prohibited that would: 1. Not comply with the standards and criteria contained in Subsection A. (Operational Standards); 2. Generate levels of dust, glare/light, noise, odor, or traffic which would have a significant adverse effect upon the neighborhood and environmental setting of the residential site; 3. Be inconsistent with the General Plan and any applicable specific plan; 4. Threaten the health and safety of the citizens of the City; and 5. Clearly represent a use that would conflict with the normal residential atmosphere of the neighborhood surrounding the subject site. 22.42.080 -Outdoor Display and Sales Standards This Section provides development and operational standards for outdoor uses, including temporary outdoor display and sales (Subsection A., below), permanent outdoor display and sales (Subsection B., below) and outdoor dining and seating areas (Subsection C., below). Diamond Bar Development Code Article III" Site Planning July 21,1998 III478 Standards for Specific Land Uses 2142 - -A. Temporary outdoor displays and sales. Temporary outdoor displays and sales maybe allowed with the approval of a Temporary Use Permit, in compliance with the following standards. In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by Section 22.50.060 (Action by the Director). These conditions may address any pertinent factors affecting the operation of the temporary event or use, and may include the following: 1. Fixed period of time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days; 2. Landscaping. Landscaping maybe required to ensure that the event has a pleasing appearance and is adequately screened, subject to the approval of the Director; 3. Nuisance factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and vibration; 4. Operating hours. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in Subsection A.1., above; 5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards); 6. Performance bond. Submission of a performance bond or other surety measures., satisfactory to the Director, may be required to ensure that any temporary facilities will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, or other evidence of the event, and the site restored to its former condition; 7. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate; 8. Security. Provision for security and safety measures, if applicable; 9. Setbacks. Provision of appropriate setbacks to ensure separation from adjacent land uses and a safe environment for pedestrians and vehicles, subject to the approval of the Director; 10. Signs. Regulation of signs, in compliance with Chapter 22.36 (Signs); 11. Temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 12. Waste collection and disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal; Diamond Bar Development Code Article ILI -Site Planning July 21,199s III-179 Standards for Specific Land Uses 22.42 13. Development Code compliance. A requirement that the approval of the requested Temporary Use Permit is contingent upon a finding, by the Director, that the operation will be in compliance with the applicable provisions of this Section, the Development Code and successful approval of all required permits from another department(s) or governing agency; and 14. Other conditions. Other conditions that will ensure the operation of the proposed temporary event in an orderly and efficient manner. B. Permanent outdoor displays and sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a Minor Conditional Use Permit, in compliance with Chapter 22.56 (Minor Conditional Use Permits), unless a Conditional Use Permit is specifically required below: 1. Height of displayed materials. The outdoor display of merchandise shall not exceed a height of seven feet above finish grade. Heights greater than seven feet may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 22.58 (Conditional Use Permits); 2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjacent property line(s) unless otherwise allowed through the approval of a Conditional Use Permit, in compliance with Chapter 22.58 (Conditional Use Permits); 3. Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic; 4. Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel; 5. Screening required. Outdoor sales and activity areas shall be screened from adjacent public rights -of -way by decorative walls, fences and/or landscaping in compliance with Section 22.16.080 (Screening and Buffering). Screening shall be provided to a height of one foot above the approved height of the merchandise and materials being displayed; and 6. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area. C. Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 22.58 (Conditional Use Permits) and the following standards: Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-1so Standards for Specific Land Uses 22.42 1. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards: a. Accessible. The dining area shall be accessible from inside the restaurant only, unless the Director waives this requirement in circumstances where this is not feasible or practical; b. Physically defined. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant it serves; and c. Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on -site consumption of alcoholic beverages. 2. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: a. Parking calculations. Off-street parking requirements shall be calculated in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). The Director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operated on a seasonal basis; and b. Additional off-street pazking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas. 3. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities, and associated procedures, in the following manner: a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. 4. Design compatibility. Outdoor dining and seating areas are subject to Development Review in compliance with Chapter 22.48 (Development Review). To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: a. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights -of -way, shall be compatible with the overall design of the main structure(s); Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-181 Standards for Specific Land Uses 22.42 b. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in Chapter 22.28. (Noise Control); c. Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience; d. Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; e. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas; f. Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed -use projects; g. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five feet from property lines or parking lots, h. Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate. 5. One year review required. Conditional Use Permits for outdoor dining and seating areas are subject to review after one year, at which time the Director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent Conditional Use Permit may be granted. 22.42.090 -Outdoor Storage or Work Activities This Section establishes standards for the location, screening, and operation of outdoor storage areas. A. Outdoor storage areas. Where allowed by Article II (Zoning Districts and Allowable Land Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of six feet in height in conjunction with landscape screening. B. Review and approval required. Uses proposing outdoor storage or work activities shall be subject to review and approval by the Director in compliance with Chapter 22.48 (Development Review). 22.42.100 -Recycling Facilities This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-182 Standards for Specific Land Uses 22.42 A. Permit requirements. Recycling facilities are subject to permit review in the commercial and industrial zoning districts in compliance with the following schedule: Reverse vending machines) All Commercial Development Review for I up to 5 reverse vending machines Small collection I Development Review Large collection I Conditional Use Permit Light and heavy processing I (scrap and dismantling yards) B. Development and operating standards. Recycling facilities shall comply with the following specific standards: 1. Reverse vending machines. Reverse vending machines) located within a commercial or manufacturing location shall not require additional parking spaces for recycling customers, and may be allowed in all commercial and manufacturing zoning districts, subject to Development Review and compliance with the following standards: a. Shall be installed as an accessory use in compliance with the applicable provisions of this Development Code and the Municipal Code; b. If located inside of a structure, shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation; c. If located outside of a structure, shall not occupy parking spaces required by the main use, and shall be constructed of durable waterproof and rustproof material(s); d. Shall not exceed 50 square feet for each installation, including any protective enclosure, nor eight feet in height; e. Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions; f. Shall have operating hours which are consistent with the operating hours of the main use; and g. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 22.16.050 (Exterior Lighting). 2. Small collection facilities. Small collection facilities are allowed within the manufacturing zoning district only, subject to Development Review and compliance with the following standards: Diamond Bar Development Code Article III -Site Planning July 21,1998 III-183 Standards for Specific Land Uses 22.42 a. May be installed in a manufacturing zoning district and be in full compliance with the applicable provisions of this Development Code and the Municipal Code; b. Shall not exceed an area of 350 square feet nor three parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers; c. Shall be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation; d. Shall accept only glass, metal or plastic containers, paper and reusable items; e. Shall not use power -driven processing equipment except for reverse vending machines; f. Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule, g. Shall not be located within 50 feet of any parcel zoned or occupied for residential use; h. Collection containers and site fencing shall be of a color and design to be both compatible and harmonious with the surrounding uses and neighborhood; i. Signs may be provided as follows: 1) Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container, 2) Signs shall be both compatible and harmonious with the character of their location; and 3) Directional signs, consistent with Chapter 22.36 (Signs) and without advertising message, may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way. j. The facility shall not impair the landscaping required by Chapter 22.24 (Landscaping) for any concurrent use allowed by this Development Code; k. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed; Diamond Bar Development Code Article III -Site Planning July 21,1998 III-184 Standards for Specific Land Uses 22.42 1. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; m. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and n. Shall be subject to landscaping and/or screening as determined through Development Review. 3. Large collection facilities. A large collection facility which is larger than 350 square feet, or on a separate parcel not accessory to a main use, which has a permanent structure is allowed in the manufacturing zoning district, subject to a Conditional Use Permit, in compliance with Chapter 22.58 (Conditional Use Permits) and the following standards. a. The facility does not abut a parcel zoned or occupied for residential use; b. The facility shall be screened from the public rights -of -way, within an enclosed structure, or behind fences, walls or screen planting; c. Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located; d. Exterior storage of material shall be in sturdy containers which are secured, and maintained in good condition at all times. Storage, excluding truck trailers, shall not be visible above the height of the required fence, wall or screen planting; e. T'he site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; f. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials, and g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable from adjoining parcels. 4. Processing facilities. Light and heavy processing facilities are allowed in the industrial zoning district subject to a Conditional Use Permit and compliance with the following standards: a. The facility shall not abut a parcel zoned or occupied for residential use; b. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source -separated recyclable materials and repairing of reusable materials; Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-185 Standards for Specific Land Uses 22.42 c. A light processing facility shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact or shred ferrous metals other than beverage and food containers. A heavy processor may exceed 45,000 square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities, d. Exterior storage of material shall be in sturdy containers or enclosures which are maintained and secured in good condition at all times. Storage containers for flammable materials shall be constructed of nonflammable material(s). Outdoor storage shall be screened by a six-foot high opaque fence or solid masonry wall. Storage, excluding truck trailers, shall not be visible above the height of the required fence or wall; e. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of the materials; and f. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable from adjoining parcels. 5. Time limits. Any permit issued in compliance with this Section shall have a maximum term established by the approved Conditional Use Permit. Before permit renewal, the Director shall consider the permittee's history of compliance with the established conditions of approval, as well as the applicable provisions of this Section and the Municipal Code. C. General standards. Recycling facilities shall comply with the following standards: 1. Signs. Facilities shall be provided with identification and informational signs that meet the standards of the applicable zoning district: a. Collection containers and reverse vending machines shall be clearly marked to identify the type of material which maybe deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine; and b. The facility shall be dearly marked to identify the name and telephone number of the operator and the hours of operation. Additional identification and directional signs without an advertising message may be installed with the approval of the Director, if necessary to facilitate traffic circulation. 2. Refuse disposal. The facility shall maintain adequate on -site refuse containers for the disposal of nonrecydable and nonhazardous waste materials. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-186 Standards for Specific Land Uses 22,42 22.42.110 - Residential Accessory Uses and Structures This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Section 22.08.030, Residential Zone Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops. A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses. 1. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use. 2. Attached structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this Development Code applicable to the main structure, including but not limited to setbacks, heights and floor area ratio. 3. Detached structures: a. Coverage. The floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area. b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwellings) on the property. c. Setback requirements. As provided by Table 3-15 Page III-189 (Required Setbacks -Accessory Uses and Structures). Accessory structures shall not be closer than three feet to any side lot line, nor within five feet of the side line of the front half of any adjoining parcel. B. Antennas. Antennas are subject to the provisions of Section 22.42.130 (Telecommunications Facilities). C. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by the Director through Development Review, in compliance with Chapter 22.48 (Development Review). D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or 10 percent of the parcel, whichever is less. Diamond Bar Development Code Article III -Site Planning July 21,1998 III-187 Standards for Specific Land Uses 22.42 E. Home occupations. Home occupations are subject to the requirements of Section 22.42.070 (Home Based Businesses). F. Swimming pools/spas/hot tubs. Private swimming pools, spas and not tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions: 1. Limitation on use. The pool is to be used solely by occupants of the dwellings) on the same parcel and their guests; and 2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the Building Code. G. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements: 1. Fencing: Shall be subject to the height limits of Chapter 22.20 (Fences, Walls, and Hedges); and 2. Lighting. Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 99.16.050 (Exterior Lighting). H. Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential zoning district. 1. Limitation on use: An accessory structure maybe constructed or used as a studio or workshop in any residential zoning district solely for the following non-commercial activities: a. Amusements or hobbies; b. Artistic endeavors (e.g., painting, photography or sculpture); c. Maintenance of the main structure or yards; d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other similar purposes. Any use of accessory workshops for any commercial activity shall meet the standards for Home -Based Businesses, in compliance with Section 22.42.070 (Home Based Businesses); and 2. Floor area. A workshop shall not occupy an area larger than 25 percent of the floor area of the main structure, except where a workshop is combined with a garage. ]n this case Subsection C (Garages), above shall apply. Diamond Bar Development Code July 21,1998 Article III -Site Planning III-188 Standards for Specific Land Uses 22.42 TABLE 3-15 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Siie-FarnilyI.)eEached ITomes Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director. (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel. (3) Rear yard setback for a detached accessory structure on a double -frontage parcel shall be a minimum of 20 percent of the parcel depth to a maximum of 25 feet. Diamond Bar Development Code Article III -Site Planning July 21, 1998 III-189 a,. Standards for Specific Land Uses 22.42 22.42.120 - Secondary Housing Units This Subsection provides standards for the establishment of secondaryresidential units. A. Minor Conditional Use Permit required. Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential District Land Uses and Permit Requirements) subject to the approval of a Minor Conditional Use Permit (Chapter 22.56) and in compliance with this Subsection. The applicant shall be the owner and resident of the main dwelling. B. Number of secondary units allowed. Only one secondary dwelling -unit shall be allowed on a single-family parcel. C. Site. requirements. A parcel proposed for a secondary dwelling unit shall comply with all the following requirements: 1. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary unit; and 2. The parcel shall be developed with only one existing owner occupied single-family detached main dwelling unit. D. Location of secondary unit. A secondary dwelling -_unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. E. Design standards. A secondary dwelling unit shall. 1. Have a floor area not exceeding 30 percent of the existing living area of the main - = dwelling hfor an attached unit, or 1,200 square feet of -floor area for a detached unit; 2. Be architecturally compatible with the main dwelling unit; 3. Comply with height and setback requirements for the main dwelling; 4. Contain separate kitchen and bathroom facilities. and have a separate entrance from the main dwelling. F. Parking. The secondary dwelling unit shall be provided one covered off-street parking space in a carport or garage, in addition to that required for the main dwelling unit, in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). G. Rental of unit. A secondary dwelling unit may be rented, although rental is not required. __ - H. Required- findings for approval. The following findings shall be made, in addition to those in Section 22.56.040 (Findings and Decision), to approve a Minor Conditional Use Permit for a secondary dwelling unit: Diamond Bar Development Code Article III -Site Planning July u, i99s III-190 Standards for Specific Land Uses 22.42 1. The secondary dwelling unit is compatible with the design of the main dwelling unit and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks and landscaping, and will not cause excessive noise, traffic, or other disturbances to the existing residential neighborhood, or result in significantly adverse effects on public services and resources; and 2. The secondary dwelling unit will not contribute to a high concentration of these units sufficient to change the character of the surrounding residential neighborhood. I. Second kitchens shall be permitted within the Rural Residential (RR) zone in single- family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of second dwelling unit and such kitchens shall not be so located as to facilitate the establishment of a second independent dwelling including a servant's quarters. 22.42.130 -Telecommunications Facilities Telecommunications facilities shall be permitted incompliance with the standards contained within Ordinance No. 4-A (1997) 6 Diamond Bar Development Code Article III -Site Planning july 21, 1998 III-191 DIAMOND BAR MUNICIPAL CODE to TITLE 22, DEVELOPMENT CODE ARTICLE Iv Land Use and Development Permit Procedures 22.44.010-Purpose.. . IV-3 22.44.020 to Authority for Land Use and Zoning Decisions ........................ IV-3 22.44.030 to Application Filing .............................................. IV4 22.44.040- Application Fees ............................................... IV-5 22.44.050 to Initial Application Review ........................................ IV-5 22.44.060 - Environmental Assessment ....................................... IV-6 22.44.070 - Staff Report and Recommendations ................................ IV-7 22.44.080 - Procedural Requirements ......................................... IV-7 Chapter 22.46- Zoning Clearances ............................................. IV-9 22.46.010 - Purpose ....................................................... IV-9 22.46.020 to Applicability.................................................. IV-9 Chapter 22.48 -Development Review ......................................... IV-11 22.486010-Purpose ...................................................... IV-11 22.48.020 to Applicability ................................................ 0 IV-12 22.48.040 - Findings and Decision .......................................... IV44 22.48.050 - Responsibility for Development Review ............................ IV45 22.48.060 - Post Approval Procedures ...................................... 0 IV-16 Chapter 22.50 -Temporary Use Permits ....................................... IV-17 22.50.010 -Purpose, Applicability .......................................... IV-17 22.50.020 to Exempt Temporary Uses ........................................ Won17 22.450.030 -Allowed Temporary Uses ....................................... IV48 22.50.040 -Application Filing, Processing, and Review ......................... N49 22.50.050 - Development Standards ......................................... IV-19 22.50.060 to Action by the Director .......................................... IV-20 22.50.070 - Post Approval Procedures ....................................... IV-20 Chapter 22.52 Minor Variances .............................................. IV-23 22.52.010-Purpose...................................................... N-23 22,52.020 to Applicability................................................. IV-23 22.52.030 - Application Filing, Processing, and Review ......................... IV-24 22.52.040 - Findings and Decision .......................................... IV-24 22.52.050 - Conditions of Approval ......................................... IV-25 22.52.060-Post Approval Procedures ....................................... IV-25 Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-1 DIAMOND BAR MUNICIPAL CODE - TITLE 22, DEVELOPMENT CODE Chapter22.54 -Variances ................................................... IV-27 22.54.010- Purpose ...................................................... IV-27 22.54.020- Applicability ................................................. IV-27 22.54.030 - Application Filing, Processing, and Review ......................... WORM 22.54.040 - Findings and Decision .......................................... IV-28 22.54.050 - Conditions of Approval .......................................... IV-29 22.54.060 an Post Approval Procedures ....................................... IV-29 Chapter 22.56 -Minor Conditional Use Permits ................................ 1V-31 22.56.010- Purpose ...................................................... IV-31 22.56.020 - Applicability .................a 9 0 9 0 0 9 0 0 a 0 0 IV-31 22.56.030 - Application Filing, Processing, and Review ......................... IV-32 22.56.040 - Findings and Decision .......................................... IV-33 22.56.050 OR Conditions of Approval ......................................... IV-33 22.56.060 - Post Approval Procedures ....................................... IV-33 22.58.010- Purpose ...................................................... IV-35 22.58.020 OR Applicability ................................................ 4 1V-35 22.58.030 - Application Filing, Processing, and Review ........................ a IV-35 22.58.040 OR Findings and Decision .......................................... IV-36 22.58.050 - Conditions of Approval ......................................... WORM 22.58.060 - Post Approval Procedures ....................................... 1V-36 Chapter 22.60 -Specific Plans ............................................... IV-39 22.60.010-Purpose...................................................... IV-39 22.60.020 - Applicability ................................................ a IV-39 22.60.030 - Initiation, Presubmittal, and Preparation of Specific Plans .............. IV-39 22.60.040 - Preparation and Content ......................................... IV-40 22.60.050 - Filing and Processing ........................................... IV41 22.60.060 - Adoption of SpAftecific Plan ...................... IV-42 22.60.070 - Implementation and Amendments ................................. IV42 Chapter 22.62 -Development Agreements ............ ........................ IV-43 22.62.O10-Purpose...................................................... I-43 22.62.020 On Application................................................... IV-43 22.62.030 - Public Hearings ............................................... IV-44 22.62.040 - Content of Development Agreement .............................. a IV45 22.62.050 - Execution and Recordation ...................................... IV45 22.62.060 an Environmental Review .......................................... IV45 22.62.070 - Periodic Review ............................................... IV-46 22.62.080 - Amendment or Cancellation of Development Agreement 4 0 # 0 a a 6 0 0 0 a a & a IV46 22.62.090 OR Effect of Development Agreement ............................... 0 IV-46 22.62.100 - Approved Development Agreements ............................... 1V47 Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-2 CHAPTER 22.44 - APPLICATIONS, PROCESSING, AND FEES Sections: 22.44.010 -Purpose 22.44.020 - Authority for Land Use and Zoning Decisions 22.44.030 - Application Filing 22.44.040 - Application Fees 22.44.050 - Initial Application Review 22.44.060 - Environmental Assessment 22.44.070 - Staff Report and Recommendations 22.44.010 -Purpose This Article provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Development Code. The provisions of this Article and Article V (Development Code Administration) are directory only. 22.44.020 -Authority for Land Use and Zoning Decisions Table 4-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other entitlements required by this Development Code. TABLE 4-1 REVIEW AUTHORITY Adult -Oriented Final Appeal Appeal Business/Entertainer Pernut Animal Permit Final Appeal Appeal Administrative Development Final Appeal Appeal Review Conditional Use Permits Final � A t Aereements I ( I Recommend I Final Development Code I I I Recommend I Final Amendments Review Final Diamond Bar Development Code Article IV" Pern Procedures July 21,1998 IV-3 Application, Processing, and Fees 22.44 Note: The Director and Hearing Officer may defer action on permit applications and refer the items) to the Commission for the final decision. 22.44.030 -Application Filing A. Application contents. Applications for land use permits and other matters pertaining to this Development Code shall be filed with the Department on a City application form, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the Department. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing. B. Eligibility for filing. Applications may be filed by owners of property, lessees of property, authorized by written consent of the owners or persons who have contracted to purchase or lease the property contingent upon acquisition of necessary permits from the City, which application shall be accompanied by a copy of the contract. All three categories of applicants may be represented by an agent authorized in writing to file on behalf of the applicant. C. Preapplication conference. A prospective applicant or agent is strongly encouraged to request a preapplication conference with the Department before formal submittal of a permit application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-4 Application, Processing, and Fees 22.44 outlined in this Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review. Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the Department representative(s). D. Filing date. The filing date of an application for a Temporary Use Permit, Administrative Development Review, Development Review, Minor Conditional Use Permit, Conditional Use Permit, Minor Variance, or Variance shall be the date on which the application is deemed complete by the Director. 22.44.040 -Application Fees A. Filing fees required. The Council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the City's Fee Resolution. The schedule of fees may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Lot Line Adjustment also requires a Minor Variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, rather then a flat application fee(s), in compliance with the City's Fee Resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete. B. Refunds and withdrawals. Application fees are nonrefundable once an application has been scheduled for public hearing. In the case of a withdrawal of an application, the Director may authorize a partial refund based upon the pro -rated costs to -date and determination of the status of the application at the time of withdrawal. 22.44.050 -Initial Application Review All applications filed with the Department, in compliance with this Development Code, shall be initially processed as follows: A. Completeness review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed. 1. Notification of applicant. a. The Department -prepared hand-outs specify the information required to be submitted by the applicant. This includes the information needed by the Director to make a determination on the potential environmental impact(s) resulting from approval and implementation of the proposed project, in compliance with State law (Public Resources Code, Section 21080.1). This information shall be submitted before the Director may find the application to be complete. b. The applicant shall be informed in writing within 30 days of submittal, either that the application is complete and has been accepted for processing, or that the Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-5 Application, Processing, and Fees application is incomplete and that additional information, specified in the letter, shall be provided. c. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by Subsection A. 3.1 below. 2. Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination, in compliance with Chapter 22.74 (Appeals). 3. Expiration of application. If a pending application is not deemed complete within six months after the first filing with the Department, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees. 4. Additional information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the review of the project. B. Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, State or Federal law, an application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity. 22.44.060 -Environmental Assessment After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. These determinations and, where required, the preparation of EIRs, shall be in compliance with the CEQA Guidelines. 22.44.070 -Staff Report and Recommendations A. Evaluation and report. 1. The Director shall evaluate all discretionary applications filed in compliance with this Development Code to determine whether they comply and are consistent with the provisions of this Development Code, other applicable provisions of the Municipal Code, the General Plan, any applicable specific plan, neighborhood or area plans, and environmental review. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-6 Application, Processing, and Fees 22.44 2. A staff report shall be prepared by the Director that describes the conclusions/findings about the proposed land use and development. The report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report. B. Report distribution. Staff reports shall be furnished to applicants at the same time as they are provided to the Hearing Officer, or members of the Commission and/or Council, before a hearing on the application. 22.44.080 -Procedural Requirements Failure to follow the procedural requirements contained within this Article and Article V, not preempted by State law, shall not invalidate City actions. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-7 Application, Processing, and Fees 22.44 Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 CHAPTER 2146- ZONING CLEARANCES Sections: 22.46.010 -Purpose 22.46.020 - Applicability 22.46.010 -Purpose A Zoning Clearance is a ministerial process used by the Department to determine that the proposed use is allowed in the subject zoning district and complies with the applicable development standards. 22.46.020 -Applicability A. Required. A Zoning Clearance shall be required prior to the issuance of a building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use. Where no other authorization is required, a request for Zoning Clearance shall be approved by the Department before the commencement of any business or land use activity. B. Development Code compliance. The Department shall issue the Zoning Clearance after determining that the request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel, in full compliance with this Development Code. Diamond Baz Development Code Article IV -Permit Procedures July 21,1998 IV-9 Zoning Clearances 22.46 Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 CHAPTER 22.48 - DEVELOPMENT REVIEW Sections: 22.48.010 -Purpose 22.48.020 - Applicability 22.48.030 - Responsibility for Development Review 22.48.040 - Application Filing, Processing, and Review 22.48.050 - Findings and Decision 19.48.060 - Post Approval Procedures 22.48.010 -Purpose A. The purpose of this Chapter is to establish the consistency of new development with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. General Plan Objective 3.2 states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design." This Chapter establishes procedures for reviewing residential, commercial, industrial, and institutional development to facilitate review in a timely and efficient manner, and to ensure that development projects comply with all applicable design guidelines, standards, and minimize adverse effects on surrounding properties and the environment. B. This Chapter is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative, imaginative solutions 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 (e.g., landscaping, parking areas, and signs). Also encourage the orderly development of residences within areas more readily served by public services; 3. Assist developers to understand the public's concerns for the aesthetics of development; 4. Ensure that new developments, including residential, commercial, industrial and institutional, do not have an adverse aesthetic, health, safety or architecturally related impact on the community, Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-11 Development Review 22.48 5. Limit the impact of slopes on adjacent developed properties and limit construction in identified seismic or geologic hazard areas. Also, minimi mze the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of the terrain is retained; 6. Preserve significant topographic features, including rock out croppmgs, native plant materials and natural hydrology while also encouraging improved drainage from parcels directly to a street, storm drain or through public or private easements; 7. Encourage the use of a variety of housing designs, split-level grading techniques, varied parcel sizes and densities, maintenance of views, and arrangement and spacing of units to accomplish adopted grading policies; 8. Encourage the development of master planned projects which provide for the service needs of the residents of those projects; and 9. Encourage use of energy conservation techniques in new developments. 22.48.020 -Applicability A. Development Review. An application for Development Review is required for commercial, industrial, and institutional development, and residential projects that propose four dwelling units or more (detached or attached) and that involve the issuance of a Building Permit for construction or reconstruction of a structure(s) meeting the following criteria. 1. New construction on a vacant pazcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on the site, or have a minimum 10,000 square feet of combined gross floor area; or 2. Projects involving a substantial change or intensification of land use (e.g. the conversion of an existing structure to a restaurant, or the conversion of a residential structure to an office or commercial use). B. Administrative Development Review. An application for Administrative Development Review, in compliance with Section 22.48.030, below, is required for residential, commercial, industrial, and institutional developments that involve the issuance of a Building Permit for construction or reconstruction of a structure(s) meeting the following thresholds of review. 1. Residential projects that propose unto three dwelling units (detached or attached); 2. Commercial, industrial, and institutional developments that propose up to 10,000 square feet of combined gross floor area; or 3. Projects that do not meet the specific criteria identified in Section 22.48.020 A., above. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-12 Development Review 22.48.030 "Application,, Processing, and Review A. Review with other permits. Development Review and Administrative Development Review applications for projects that also require the approval of another discretionary permit (e.g., Conditional Use Permit, Variance, etc.) shall be acted upon concurrently with the discretionary permit and the final determination shall be made by the highest level of review authority in compliance with Table 44 (Review Authority). The review authority may approve, or approve with conditions, the permit based upon the findings outlined in Section 22.48.040 (Findings and Decision). B. Factors to be considered. In conducting the review for a particular project, the Hearing Officer or Commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the City in general. Review shall be conducted by comparing the proposed project to applicable General Plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the City. C. Notice and hearings. An application for a Development Review or Administrative Development Review will be scheduled for a public hearing once the Department has determined the application complete. Noticing of the public hearing will be given in compliance with Chapter 22.72 (Public Hearings). D. Record of decision. Upon completion of the public hearing, the review authority shall announce and record the decision within 21 days following the conclusion of the public hearing. The decision shall contain the findings required in Section 22.48.040, below. A copy of the resolution shall be mailed to the applicant. 22.48.040 -Findings and Decision A Development Review or Administrative Development Review application shall be reviewed by the applicable review authority identified in Section 22.48.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made. A. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); B. The design and layout of the proposed development will not 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 and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-13 Development Review 22.48 D. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; E. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and F. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.48.050 -Responsibility for Development Review A. Development Review -- Commission. The Commission is authorized to impose conditions which may include the following: 1. Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; 2. Requirements for installation and maintenance of landscaping and erosion control measures; 3. Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; 4. Regulation of hours or other characteristics of operation; 5. Requirements for maintenance of on -site improvements; 6. Establishment of development schedules or time limits for performance or completion; and 7. Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by Section 22.48.040 (Findings and Decision) above. B. Administrative Development Review -- Hearing Officer. The Hearing Officer is authorized to impose conditions which may include those areas listed in Section 22.48.020.A, above. If, in the opinion of the Hearing Officer, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for Administrative Development Review and that require Commission consideration, the Hearing Officer shall defer and refer the application to the Commission for review and decision. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-14 Development Review 22.48 22.48.060 -Post Approval Procedures Procedures relating to appeals, issuance of a Building Permit, performance guarantee, and revocation as identified in Article V (Development Code Administration), in addition to those identified in Chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Development Review or Administrative Development Review application. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-15 Development Review 22.48 Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 CHAPTER 22.50 - TEMPORARY USE PERMITS Sections. 22.50.010 -Purpose, Applicability _ 22.50.020 - Exempt Temporary Uses 22.50.030 - Allowed Temporary Uses 22.50.040 - Application Filing, Processing, and Review 22.50.050 - Development Standards 22.50.060 - Action by the Director 22.50.070 - Post Approval Procedures 22.50.010 -Purpose, Applicability The purpose of this Chapter is to provide a process for reviewing proposed temporary uses to ensure basic health, safety, and community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use. A Temporary Use Permit allows short-term activities that might not meet the standards ordinarily applicable to the zoning district, but may otherwise be acceptable because of their temporary nature. 22.50.020 -Exempt Temporary Uses The following temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Section 22.50.030 (Allowed Temporary Uses). A. Car washes. Car washes, limited to two days each month for each sponsoring_ organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, on non-residential properties. S. Construction yards. On -site contractors' construction yards, in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project. C. Emergency facilities. Emergency public health and safety needs/land use activities. D. Public property. Events that are to be conducted on public property, and which are approved by the Council (e.g., annual civic events, educational demonstrations, etc.). E. Similar temporary uses. Other temporary uses which, in the opinion of the Director, are similar to those identified in this Section. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-17 Temporary Use Permits 22.50 2LeWoUM - Allowed Temporary Uses The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Director. A. Car washes. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts. B. Construction yards. Off -site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project. C. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for a maximum of 10 consecutive days, or six weekends, within a 12-month period. D. Helipads. The temporary establishment and use of a helipad for up to three days. E. Movie on -location filming activities. The temporary use of a specified and approved on -location site for the filming of movie(s). The Director shall find that the approval will not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding area. F. Outside displays/sales. The temporary outdoor display/sales of merchandise, in compliance with Section 22.42.080 (Outdoor Display and Sales). G. Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the Building Permit, whichever occurs first. H. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas) including temporary residence/security trailers, on non-residential properties, for up to 30 days. I. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum time period of one year from the date of approval. J. Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of one Xear from the date of approval, as an accessory use or as the first phase of a development Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 IV-18 k. Temporary Use Permits 22.50 project. An additional time period may be authorized with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permits). K. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business. 1. During construction or remodeling of a permanent commercial or manufacturing structure, when a valid Building Permit is in force; or 2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained. A permit for temporary trailer(s) may be granted for up to one year. L. Similar temporary uses. Other temporary uses which, in the opinion of the Director, are with the zoning district and surrounding land uses. similar and compatible w 22.50.040 -Application Filing, Processing, and Review An application for a Temporary Use Permit shall be filed iri compliance with Chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 22.50.060 (Action by the Director), below. An application for a Temporary Use Permit shall be made on a form prescribed by the Director and filed with the Department. The application shall be accompanied by the following: A. Illustrations. Sketches or drawings, dimensioned and to scale, of sufficient -size and clarity to show the following: size and location of the property, location of the adjacent street(s), location and approximate size of all structures on the site, signs, location and number of off-street parking spaces and drive aisles, location of entrances and exits and temporary fences or structures (e.g., canopies, lights, tents, trailers, etc.) to be installed as part of the temporary use; and B. Statement of operations. A letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses. 22.50.050 -Development Standards Standards for setbacks, heights, floor areas, off-street parking, landscaping areas, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary_ uses. However, the Director may authorize an adjustment from the specific requirements as deemed necessary or appropriate. Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 _ IV-19 Temporary Use Permits 22.50 22.50.060 - Action by the Director A Temporary Use Permit may be approved, modified, conditioned, or disapproved by the Director, without the requirement for a noticed pubic hearing. The Director may approve, modify, or conditionally approve a Temporary Use Permit application, for up to one year, only if all of the following findings can be made. A. The establishment, maintenance or operation of the temporary use will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood of the proposed use; B. Approved measures for removal of the use and site restoration have been required to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Development Code; and C. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.50.070 -Post Approval Procedures A. General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in Article V (Development Code Administration), in addition to those identified in Chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Temporary Use Permit application. B. Condition of the site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary use on completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. A bond may be required before initiation of the use to ensure cleanup after the use is finished. Diamond Bar Development Code Article IV - Permit Procedures July 21,1998 IVm20 CHAPTER 22.52 MINOR VARIANCES Sections: 22.52.010 -Purpose 22.52.020 - Applicability 22.52.030 - Application Filing, Processing, and Review 22.52.040 - Findings and Decision 22.52.050 - Conditions of Approval 12.52.060 - Post Approval Procedures 22.52.010 -Purpose The purpose of this Chapter is to allow for a minor variance of the development standards identified in this Development Code. The maximum allowable variances are specifically identified in Section 79.52.020 (Applicability), below. 22.52.020 -Applicability An application for a Minor Variance may be filed with the Department in compliance with Chapter 22.44 (Applications, Processing, and Fees), and may be considered by the Director, governing only the following development standards. A. Building site area. A decrease, of not more than 10 percent, in the required building site area, but not the pad size; B. Setback/yard area. A decrease, of not more than 20 percent, in the required setback/yard area for structures, landscaping, swimming pools/spas and equipment, C. Distances between structures. A decrease, of not more than 20 percent, in the allowed distances between detached accessory structures and main structures; D. Off-street parking. A decrease, of not more than 20 percent, in the number of required off-street parking spaces; E. Structure height. An increase, of not more than 10 percent, in the maximum allowed structure height; F. Fence or wall height. An increase, of not more than 30 percent, in the maximum allowed height of a fence or wall, incompliance with Chapter 22.20 (Fences, Hedges, and Walls) and subject to City approved structural design standards. Retaining walls may be allowed an increase of up to eight feet, depending on topographic constraints and the Director's determination that the wall is needed to implement the approved Grading Plan/Permit for the subject parcel, Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-21 Minor Variances 22.52 G. Projections. An increase, of not more than 20 percent, in the allowed projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with Section 22.16.090 (Setback Regulations and Exceptions); and H. Other standards. The Director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, parking, etc. A request which exceeds the limitations outlined in this Subsection shall require the ng of a Variance application, in compliance with Chapter 22.54. 22.52.030 -Application Filing, Processing, and Review A. Filing. An application for a Minor Variance shall be completed, filed, and processed in compliance with Chapter 99.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 22.52.040 (Findings and Decision). B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. 22.52.040 -Findings and Decision The Director shall record the decision in writing with the findings on which the decision is based, in compliance with State law, or may refer the application to the Commission. A Minor Variance may be approved, modified, conditioned, or disapproved by the Director, without the requirement for a noticed pubic hearing, only if all of the following findings can be made: A. General findings: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conons), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought; 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 IV-22 Minor Variances 22.52 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City, and 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). B. Findings for off-street parking reductions. A Minor Variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and 2. A Parking Permit is approved incompliance with Section 22.30.050 (Reduction of Street Parking Parking Requirements for Shared Uses). 22.52.050 -Conditions of Approval In approving a Minor Variance, the Director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by Section 12.52.040 (Findings and Decision), above. 22.52.060 -Post Approval Procedures Procedures relating to appeals, issuance of a Building Permit, performance guarantee, and revocation as identified m Article V (Development Code Administration), in addition to those identified in Chapter 99.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Minor Variance. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-23 CHAPTER 22.54 - VARIANCES Sections: 22.54.010 -Purpose 22.54.020 - Applicability 22.54.030 - Application Filing, Processing, and Review 22.54.040 - Findings and Decision 22.54.050 - Conditions of Approval 22.54.060 - Post Approval Procedures 22.54.010 -Purpose The purpose of this Chapter is to allow for adjustment from the development standards of this Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. Approved Variances shall be subject to conditions that will ensure that the Variances do not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated. 22.54.020 -Applicability An application for a Variance may be filed with the Department incompliance with Chapter 22.44 (Applications, Processing, and Fees). A public hearing is required for all Variances, which shall be considered by the Commission. The Commission may grant a variance from the requirements of this Development Code governing only the following development standards, unless otherwise specified in this Development Code. A. Dimensional standards. Dimensional standards including distance -separation requirements, parcel area, building site area/coverage, fence and wall requirements, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading spaces, open space, setbacks, structure heights, etc. B. Off-street parking and loading. Number of off-street parking spaces, loading spaces, landscaping, etc. C. Signs. Sign regulations (other than prohibited signs); Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-24 Variances 22.54 D. Exceeds limits for Minor Variance. Any development standard specified in Section 22,54.020 (Applicability), where the requested adjustment exceeds the maximum limits for a Minor Variance; and E. Other standards. Other standards including dust, glare, hours of operation, landscaping, light, noise, number of employees, parking, etc. 22.54.030 -Application Filing, Processing, and Review A. Filing. An application for a Variance shall be completed, filed, and processed in compliance with Chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 79.54.040 (Findings and Decision), below. B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. C. Notice and hearings. An application for a Variance will be scheduled for a public hearing once the Department has determined the application complete. Noticing of the public hearing will be given in compliance with Chapter 22.72 (Public Hearings). 22.54.040 -Findings and Decision Following a public hearing, the Commission shall record the decision in writing with the findings on which the decision is based, in compliance with State law. The Commission may approve an application, with or without conditions, only if all of the following findings can be made: A. General findings: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conons), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-25 Variances 22.54 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). B. Findings for off-street parking reductions. A Variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved, and 2. A Parking Permit is approved incompliance with Section 22.30.050 (Reduction of Street Parking Parking Requirements for Shared Uses). 22.54.050 -Conditions of Approval In approving a Variance, the Commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by Section 12.54.040 (Findings and Decision), above. 22.54.060 -Post Approval Procedures Procedures relating to appeals, issuance of a Building Permit, performance guarantee, and revocation as identified in Article V (Development Code Administration), in addition to those identified in Chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Variance application. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-26 CHAPTER 22.56 - MINOR CONDITIONAL USE PERMITS Sections: 22.56.010 -Purpose 22.56.020 - Applicability 22.56.030 - Application Filing, Processing, and Review 22.56.040 - Findings and Decision 22.56.050 - Conditions of Approval 22.56.060 - Post Approval Procedures 22.56.010 -Purpose The purpose of this Chapter is to provide a process for reviewing Minor Conditional Use Permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Minor Conditional Use Permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. 22.56.020 -Applicability An application for a Minor Conditional Use Permit may be filed with the Department in compliance with Chapter 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a Minor Conditional Use Permit. A public hearing is required for all Minor Conditional Use Permits, which shall be considered by the Hearing Officer. Minor Conditional Use Permits maybe granted for only the following activities, in addition to those listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a Minor Conditional Use Permit: A. Expansion of a use. Exterior expansion of an existing use that normally requires the approval of a Conditional Use Permit in compliance with Chapter 22.58 (Conditional Use Permits)in an existing development where there would be no change of occupancy or primary use, there would be no expansion of interior floor area, and the request would not alter the original intent of the project or site; B. Expansion of a nonconforming structure. Expansion of a nonconforming structure, either within the existing perimeter of the structure or on adjoining portions of the subject site, in compliance with Section 22.68.030.B. (Article V). (Changes to a structure); C. Events. Arts and crafts exhibits, farmer's markets, and flea markets conducted at the same location on a semi regular basis (e.g., the first Sunday of each month); D. Maintenance and repairs to a nonconforming structure. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-27 Minor Conditional Use Permits 22.56 1. Minor. Minor maintenance and repairs to a nonconforming structure, when required structural alteration work exceeds 25 percent of the appraised/replacement value of the structure, as shown in the County Assessor's records, in compliance with Section 22.68.030.E. (Maintenance and repairs); and 2. Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised/ replacement value of the structure, as shown in the County Assessor's records, before damage or destruction, in compliance with Section 22.68.050.B.2. (Termination by destruction). E. Temporary enclosed storage. Temporary enclosed storage, unrelated to a construction project, that may be approved for a time period exceeding one year from the date of approval; and F. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, which may be approved for a time period exceeding one year from the date of approval, as an accessory use or as the first phase of a development project. 22.56.030 -Application Filing, Processing, and Review A. Filing. An application for a Minor Conditional Use Permit shall be completed, filed and processed in compliance with Chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings requi fired by Section 22.56.040 (Findings and Decision), below. B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. C. Notice and hearings. Upon receipt of a Minor Conditional Use Permit application in proper form, the Hearing Officer shall hold at least one public hearing, in compliance with Chapter 22.72 (Public Hearings). 22.56.040 -Findings and Decision Following a public hearing, the Hearing Officer shall record the decision in writing with the findings on which the decision is based, or may refer the application to the Commission. The Minor Conditional Use Permit shall be approved, with or without conditions, only if all of the following findings can be made: A. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-28 Minor Conditional Use Permits 22.56 C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; D. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; E. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and F. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.56.050 -Conditions of Approval In approving a Minor Conditional Use Permit, the Hearing Officer may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by Section 22.56.040 (Findings and Decision), above. 22.56.060 -Post Approval Procedures A. General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in Article V (Development Code Administration), in addition to those identified in Chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Minor Conditional Use Permit application. B. Run with the land. The Minor Conditional Use Permit that is valid and in effect, and was granted in compliance with the provisions of this Chapter, shall run with the an and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-29 CHAPTER 22.58 - CONDITIONAL USE PERMITS Sections: 22.58.010 -Purpose 22.58.020 - Applicability 22.58.030 - Application Filing, Processing, and Review 22.58.040 - Findings and Decision 22.58.050 - Conditions of Approval 22.58.060 - Post Approval Procedures 22.58.010 -Purpose The purpose of this Chapter is to provide a process for reviewing Conditional Use Permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Conditional Use Permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. 22.58.020 -Applicability An application for a Conditional Use Permit may be filed with the Department, in compliance with Chapter 22.44 (Applications, Processing, and Fees), for a specified land use that is listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a Conditional Use Permit. A public hearing is required for all Conditional Use Permits, which shall be considered by the Commission. 22.58.030 -Application Filing, Processing, and Review A. Filing. An application for a Conditional Use Permit shall be completed, filed, and processed incompliance with Chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 22.58.040 (Findings and Decision), below. B. Project review procedures. Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this Chapter. C. Notice and hearings. An application for a Conditional Use Permit will be scheduled for a public hearing once the Department has determined the application complete. Noticing of the public hearing will be given in compliance with Chapter 22.72 (Public Hearings). Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 IV-30 Conditional Use Permits 22.58 22.58.040 - Findings and Decision Following a public hearing, the Commission shall record the decision in writing with the findings on which the decision is based. The Conditional Use Permit shall be approved, with or without conditions, only if all of the following findings can be made. A. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Codes B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; D. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints, E. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and F. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 22.58.050 -Conditions of Approval In approving a Conditional Use Permit, the Commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by Section 99.58.040 (Findings and Decision), above. 22.58.060 -Post Approval Procedures A. General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in Article V (Development Code Administration), in addition to those identified in Chapter 99.66 (Permit Implementation and Time Extensions), shall apply following the approval of a Conditional Use Permit application. B. Run .with the land. The Conditional Use Permit that is valid and in effect, and was granted in compliance with the provisions of this Chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-31 Conditional Use Permits Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-32 CHAPTER 22.60 - SPECIFIC PLANS Sections: 22.60.010 -Purpose 22.60.020 - Applicability 229606030 - Initiation, Presubmittal, and Preparation of Specific Plans 22.60.040 - Preparation and Content 22.60.050 - Filing and Processing 22.60.060 - Adoption of Specific Plan 22.60.070 - Implementation and Amendments 22.60.010 -Purpose The purpose of this Chapter is to provide a process for reviewing a specific plan application. When required by Section 22.60.020 (Applicability), below, the General Plan or this Development Code to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this Chapter. 22.60.020 -Applicability A specific plan, which is designed to provide for flexibility and encourage innovate use of land resources and development of a variety of housing and other development types shall be required under the following circumstances: A. Sphere of Influence. Areas included within the City's Sphere of Influence require the preparation of a specific plan to protect, unique biological resources, create fiscal benefits for the City, and enhance its infrastructure; B. Planning Areas. Areas designated Planning Areas (PA) require the preparation of a specific plan in compliance with Chapter 22.12 (Special Purpose Zoning Districts); C. Specific Plan Zoning District. Areas designated Specific Plan Zoning District require the preparation of a specific plan in compliance with Chapter 22.12 (Special Purpose Zoning Districts); and D. Private property owners. A specific plan, as a tool which is available to private property owners not covered by Subsections A., B., and C., above, could assist in the comprehensive master planning of a specific site(s). 22.60.030 -Initiation, Presubmittal, and Preparation of Specific Plans A specific plan may be initiated in the following manner: A. City. By a Resolution of Intention adopted by the Council, with or without a recommendation from the Commission; or Diamond Bar Development Code Article IV" Permit Procedures July 21,1998 IV-33 Specific Plans 22.60 B. Property owner. By an application being filed by the owner(s) of property which would be the subject of the specific plan. If initiated by an applicant, the following shall first occur. 1. Presubmittal application. A presubmittal application, fee and conference with the Director are highly recommended before the filing of a formal specific plan application; and 2. Public meetings) required. Before the preparation of the specific plan, the City shall hold at least one public meeting to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting is required, in compliance with Chapter 99.72 (Public Hearings), and the appropriate procedures shall be defined by the Director at the presubmittal conference. 22.60.040 -Preparation and Content An applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with an outline furnished by the Department and State law (Government Code Section 65451). The City may also initiate the preparation of a specific plan, in compliance with Section 22.60.030.A., (Sphere of Influence), above. The following information shall be provided: A. Proposed land uses. The distribution, location and extent of land uses proposed within the area covered by the specific plan, including open space areas; B. Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation/transportation, water and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses; C. Land use and development standards. Standards, criteria and guidelines by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable; D. Implementation measures. A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the proposed land uses, infrastructure and development and conservation standards and criteria; E. Relationship to General Plan. A discussion of the relationship of the specific plan to the General Plan; and F. Additional information. The specific plan shall contain additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan or any other issue(s) determined by the Director to be significant. Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 IV-34 Specific Plans 22.60 22.60.050 - Filing and Processing A draft specific plan shall be filed with the Department, and shall be accompanied by the fee required by the City's Fee Resolution. The draft plan shall be processed in the same manner as required for General Plans by State law, and as follows. A. Department evaluation. After the filing of a draft specific plan, the Department shall review the draft plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Department and the Department determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing, in compliance with Chapter 22.44 (Applications, Processing, and Fees); B. Environmental review. The draft specific plan shall be subject to environmental review as specified in Section 99o44.060 ( Environmental assessment); C. Staff report. A staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and diagrams of the specific plan, as necessary, to make it acceptable for adoption; and D. Public hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows. 1. Commission. The Director shall schedule a public hearing on the proposed specific plan. The hearing shall receive public notice and be conducted in compliance with Chapter 22.72 (Public Hearings). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with Section 22.60.060 (Adoption of Specific Plan); and 2. Council. After receipt of the Commission's recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Chapter 22.72 (Public Hearings). After the hearing, the Council may adopt the specific plan, may disapprove the plan or may adopt the plan with changes, with appropriate findings in compliance with Section 22.60.060 (Adoption of Specific Plan), provided that changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356). Failure of the Commission to report within 45 days after the referral, or a longer period set by the Council, shall be deemed a recommendation for the approval of the changes. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-35 Specific Plans 22.60 22.60.060 - Adoption of Specific Plan The adoption of a proposed specific plan is entirely at the discretion of the Council. The Council shall adopt a specific plan only if it finds that the proposed plan is consistent with the General Plan and other adopted goals and policies of the City, and that the proposed specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA). The specific plan shall be adopted by ordinance, or by resolution of the Council, in compliance with State law (Government Code Section 65453). 22.60.070 -Implementation and Amendments A. Development within specific plan area. After the adoption of a specific plan, only a public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a specific plan if it is first found consistent with the specific plan. The Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with State law (Government Code Section 65456). B. Amendments. An adopted specific plan shall be amended through the same procedure specified by this Chapter for the adoption of a specific plan. Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 IV-36 CHAPTER 22.62 "DEVELOPMENT AGREEMENTS Sections: 22.62.010 -Purpose 22.62.020 - Application 22.62.030 - Public Hearings 22.62.040 - Content of Development Agreement 22.62.050 - Execution and Recordation 22.62.060 - Environmental Review 22.62.070 - Periodic Review 22662.080 - Amendment or Cancellation of Development Agreement 22.62.090 - Effect of Development Agreement 22.62.100 - Approved Development Agreements 22.62.010 -Purpose A. This Chapter outlines the procedures and m;n;mum guidelines/requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement, Commission or Council. It is intended that the provisions of this Chapter shall be fully consistent, and in full compliance, with the provisions of State law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Government Code Section 65864), and shall be so construed. B. In construing the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, State law (Article 2.5 of the Government Code, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order: 1. The plain terms of the development agreement itself; 2. The provisions of this Chapter; and 3. The provisions of State law (Article 2.5 of the Government Code, cited above). 22.62.020 -Application A. Application requirements. An owner of real property may request and apply through the Director to enter into a development agreement provided the following: 1. The development agreement, if approved, would be in the best interests of the City; Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-37 22.62 2. The status of the applicant as an owner of the property is established to the satisfaction of the Director; 3. The application is made on forms approved, and contains all information required, by the Director; and 4. The application is accompanied by all lawfully required documents, materials and information. B. The Director. The Director is authorized to receive, review, process and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements; and C. Processing fees. Processing fees, as established by the City's Fee Resolution, shall be collected for any application for a development agreement made in compliance with this Chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 22.62.030.A. (Public Hearings), below. 22.62.030 -Public Hearings A. Commission. The Director, upon finding the application for a development agreement complete, shall set the agreement, together with recommendations, for a public hearing before the Commission in compliance with Chapter 22.72 (Public Hearings). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve or disapprove the agreement. B. Council. Upon receipt of the Commission's recommendation, the City Clerk shall set the agreement and written report of the Commission fora public hearing before the Council in compliance with Chapter 22.72 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the agreement. C. Notice. Notice of the hearings, outlined in Subsections A. and B., above, shall be given in the form of a notice of intention to consider approval of the agreement in compliance with State law (Government Code Section 65867). D. Terms and conditions. Should the Council approve or conditionally approve the agreement, it shall, as a part of the action of approval, direct the finalization of the agreement embodying the terms and conditions as approved or conditionally approved by it, as well as an ordinance authorizing execution of the agreement by the City Manager. E. Findings. The ordinance shall be in compliance with State law (Government Code Section 65867.5) and shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish evidence in support of the required findings. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-38 Development Agreements 22.62 1. The development agreement would be in the best interests of the City; 2. The development agreement is consistent with the General Plan, any applicable specific plan and this Development Code; and 3. The development agreement would promote the public interest and welfare of the City. F. Referendum. The ordinance is subject to referendum in compliance with State law (Government Code Section 65867.5). 22.62.040 -Content of Development Agreement A. Mandatory contents. A development agreement entered into in compliance with this Chapter shall contain the mandatory provisions specified by State law (Government Code Section 65865.2 [Agreement contents]). B. Permissive contents. A development agreement entered into in compliance with this Chapter may contain the permissive provisions specified by State law (Government Code Section 65865.2 [Agreement contents]). 22.62.050 -Execution and Recordation A. Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Section 22.62.030 (Public Hearings), above, becomes effective; B. Mutual consent. A development agreement may be executed only on the mutual consent of each party to the agreement; C. Conditioning approval. The provisions of this Chapter shall not be construed to prohibit the Director, Hearing Officer, Commission or Council from cononing approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law; and D. Recordation. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law. 22.62.060 -Environmental Review The approval or conditional approval of a development agreement in compliance with this Chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA). Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-39 Development Agreements 22.62 22.62.070 - Periodic Review A. Periodic review required. Every development agreement, approved and executed in compliance with this Chapter, shall be subject to periodic review, as specified in the agreement, by the Commission during the full term of the agreement. Appropriate fees to cover the City's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Section 22.62.020.C. (Processing Fees), above; B. Purpose of review. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor -in -interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the City; and C. Compliance with the terms or conditions. If, as a result of a periodic review in compliance with this Section, the Commission finds, on the basis of substantial evidence, that the applicant/contracting party or the successor -in -interest has not complied in good faith with the terms or conditions of the agreement, the Commission may recommend to the Council that it order, after a noticed public hearing in compliance with Section 22.62.030 (Public Hearings), the agreement to be terminated or modified. 22.62.080 -Amendment or Cancellation of Development Agreement A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors in interest. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a development agreement. 22.62.090 -Effect of Development Agreement A. Rules, regulations, and policies. Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. B. Applying new rules, regulations, and policies. Unless specifically provided for in the development agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving a subsequent development project application on the basis of existing or new rules, regulations, and policies. Diamond Bar Development Code Article IV -Permit Procedures July 21, 1998 IV-40 Development Agreements 22162 22.62.100 - Approved Development Agreements Development agreements approved by the Council shall be on file with the City Clerk. Diamond Bar Development Code Article IV -Permit Procedures July 21,1998 IV-41 DIAMOND BAR MUNICIPAL CODE - TITLE 22, DEVELOPMENT CODE ARTICLE V Deveiwment Code Administration Chapter 22.64 -Administrative Responsibility .................................. V-3 22064.010-Purpose ....................................................... V-3 22.64.020 - Planning Agency Defined ....................................... V-3 22.64.030- City Council..................................................0 V-3 22.64.040 - Planning Commission .......................................... V-3 79.64.050 be Community and Development Services Director ................... V4 22.64.060 - Hearing Officer ................................................ V-5 Chapter 22.66 -Permit Implementation and Time Extensions .................... V-7 22066.010-Purpose ....................................................... V-7 99.66.020 - Effective Date of Permits ........................................ V-7 99.66.030 - Applications Deemed Approved ................................. V-7 22.66.040 on, Performance Guarantees ........................................ V-7 22.66.050 - Time Limits and Extensions ..................................... V-8 99.66.060 - Changes to an Approved Project ................................. V-9 99.66.070 - Resubmittals.................................................. V-10 22.66.080 - Covenants for Easement ........................................ V-11 Chapter 22.68 - Nonconforming Uses, Structures, and Parcels ................... V43 99.68.010-Purpose ...................................................... V43 22.68.020 - Restrictions on Nonconforming Uses ............................ V43 22.68.030 - Restrictions on Nonconforming Structures ........................ V44 99.68.040 - Single -and Multi -Family Dwelling Unit Exemptions ............... V47 22.68.050 - Loss of Nonconforming Status .................................. V47 99.68.060 - Nonconforming Parcels ........................................ V-18 22.68.070 - Conformity of Uses Requiring Conditional Use Permits ............ V49 99.68.080 - Previous Conditional Use Permits in Effect ....................... V49 22.68.090 - Unlawful Uses and Structures ................................... V49 Chapter 22.70 -General Plan, Development Code, and Zoning Map Amendments V-21 22.70.010-Purpose...................................................... V-21 99.70.020 - Notice and Hearing ............................................ V-21 22.70.030 - Commission Action on Amendments ................. mode ....... V-21 22.70.040 an Council Action on Amendments ................................ V-21 22.70.050 - Adoption of Amendment ....................................... V-22 22.70.060-Prezoning.................................................... V-22 Chapter 22.72 -Public Hearings ............................................. V-25 22.72.010-Purpose...................................................... V-25 22.72.020 - Notice of Hearing ............................................. V-25 22.72.030 - Notice of Decision— Director/Hearing Officer .................... V-27 Diamond Bar Development Code Article V -Development Code Administration July 21,1995 V-1 DIAMOND BAR MUNICIPAL CODE - TITLE 22, DEVELOPMENT CODE 22.72.040 - Notice of Decision —Commission ................................ V-27 22.72.050 - Finality of Decision by Director, Hearing Officer, or Commission .... V-27 22.72.060 - Recommendation by Commission ............................... V-27 22.72.070 - Notice of Decision —Council .................................... V-27 Chapter 22.74 - Appeals .................................................... V-29 79.74.010 - Purpose ...................................................... V-29 22.74.020 - Council Review ............................................... V-29 22.74.030 - Appeals of Decisions .......................................... V-29 22.74.040 - Filing and Processing of Appeals ............................... V-30 22.76.010 - Purpose ...................................................... V-31 22.76.020 - Revocations and Modifications .................................. V-31 Chapter 22.78 -Enforcement ................................................ V-33 99-78.010-Purpose...................................................... V-33 22.78.020- Violations.................................................... V-33 22.78.030 - Remedies are Cumulative ...................................... V-33 22.78.040-Inspection.................................................... V-34 22.78.050 - Initial Enforcement Action ...................................... V-34 22.78.060 - Legal Remedies ............................................... V-35 22.78.070 - Recovery of Costs ............................................. V-36 22.78.080 - Additional Permit Processing Fees .............................. 0 V-37 22.78.090- Reinspection Fees ............................................. V-37 Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-2 CHAPTER 2164 "ADMINISTRATIVE RESPONSIBILITY Sections: 22.64.010 -Purpose 22.64.020 - Planning Agency Defined 22.64.030 - City Council 22.64.040 - Planning Commission 22.64.050 - Community and Development Services Director 22.64.060 - Hearing Officer 22.64.010 -Purpose The purpose of this Chapter is to describe the authority and responsibilities of the Council, Commission, Department, Director, and City staff in the administration of this Development Code. 22.64.020 -Planning Agency Defined As provided by State law, the Diamond Bar City Council, Planning Commission, Hearing Officer, Community and Development Services Director, and Community and Development Services Department (referred to in this Development Code as the Department) shall perform the functions of a Planning Agency. 22.b4.030 - City Council The Council shall perform the duties and functions prescribed in this Development Code, which include the following. A. Review authority on specified planning matters. Final decisions on development agreements, Development Code Amendments, environmental documents, General Plan Amendments, specific plans, Zoning Map Amendments, and other applicable policy or ordinance matters related to the City's planning process; and B. Appeals. The review of appeals filed from Commission decisions. The above listed functions shall be performed in compliance with Section 22.44.020 (Authority for Land Use and Zoning Decisions), Table 4-1 (page IV-3) (Review Authority) and the California Environmental Quality Act (CEQA). 22.64.040 -Planning Commission A. Appointment. The Commission shall consist of five members appointed by the Council, in compliance with Council Ordinance No. 25C (1998). The terms of the commissioners shall be two years. Commissioners may be removed at any time during their term by a majority vote of the Council. All vacancies shall be filled for the unexpired term in the same manner as the original appointment. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-3 Administrative Responsibility 22.64 B. Duties and authority. The Commission shall perform the duties and functions prescribed by State law and this Development Code, including the following: 1. The review of development projects; and 2. The recommendation, to the Council for final decisions, on development agreements, Development Code Amendments, environmental documents, General Plan Amendments, specific plans, Zoning Map Amendments, and other applicable policy or ordinance matters related to the City's planning process The above listed functions shall be performed in compliance with Section 22.44.020 (Authority for Land Use and Zoning Decisions), Table 44 (Review Authority) and the California Environmental Quality Act (CEQA). C. Meeting rules. The Commission shall adopt the Policy and Procedures Manual which incorporates, by reference, the League of California Cities Planning Commission Handbook. 22.64.050 -Community and Development Services Director A. Appointment. The Community and Development Services Director shall be appointed by the City Manager. B. Duties and authority. The Director shall: 1. Have the responsibility to perform all of the functions designated by State law; 2. Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Section 22.44.020 (Authority for Land Use and Zoning Decisions), Table 4:4 (Review Authority), State law (Government Code Section 65901 et seq.), and the California Environmental Quality Act (CEQA); 3. Perform other responsibilities assigned by the Council and Commission; 4. Appoint the Hearing Officer; 5. Delegate the responsibilities of the Director to Department staff under the supervision of the Director; and 6. Serve in an advisory capacity, in compliance with State law (Map Act Section 66415), where the specific responsibilities are identified in Title 21 (Subdivision Code). The Director is charged with the responsibility of making investigations and reports on the design and improvement of proposed divisions of real property. Diamond Sar Development Code Article V -Development Code Administration July 21,1998 V-4 Administrative Responsibility 22.64 22.64.060 - Hearing Officer A. Appointment. The Hearing Officer shall be appointed by the Director in compliance with State law. B. Duties and authority. The Hearing Officer shall: 1. Perform the duties and functions prescribed in this Development Code, including the review of development projects, in compliance with Section 22.44.020 (Authority for Land Use and Zoning Decisions), Table 44 (Review Authority) and the California Environmental Quality Act (CEQA), and 2. Perform other responsibilities assigned by the Director. Except where otherwise provided by this Development Code, the responsibilities of the Hearing Officer may also be carried out by Department staff under the supervision of the Director. C. Supervision. When the Director designates a Department staff person as Hearing Officer, the staff person shall perform the duties assigned by the Director in addition to those listed in Section 22.64.060.B. (Duties and authority), above, as appropriate to the personnel title of the designee. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-5 Administrative Responsibility 22.64 Diamond Bar Development Code Article V -Development Code Administration July 21,1998 m CHAPTER 22.66 - PERMIT IMPLEMENTATION AND TIME EXTENSIONS Sections: 22.66.010 -Purpose 22.66.020 - Effective Date of Permits 22.66.030 - Applications Deemed Approved 22.66.040 - Performance Guarantees 22466.050 - Time Limits and Extensions 22.66.060 - Changes to an Approved Project 22.66.070 - Resubmittals 22.66.080 - Covenants for Easement 22.66.010 -Purpose This Chapter provides requirements for the implementation or "exercising" of the permits or entitlements specified by this Development Code, including time limits and procedures for granting extensions of time. 22.66.020 -Effective Date of Permits Administrative Development Review, Development Review, Minor Variances, Variances, Minor Conditional Use Permits or Conditional Use Permits shall become effective on the 11th day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed, in compliance with Chapter 22.74 (Appeals). Development Agreements, specific plans, and amendments to the General Plan, Zoning Map and this Development Code shall become effective on the 30th day following the date the decision is rendered by the Council. Permits, certificates and/or other entitlements shall not be issued until the effective date. The applicant shall sign the Affidavit of Acceptance or other entitlement, within 30 days of approval, indicating full understanding and concurrence with the approval and all conditions imposed by the review authority, or the entitlement will be deemed void. 22.66.030 -Applications Deemed Approved A permit application deemed approved in compliance with State law (Government Code Section 65956) shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established. 22.66.040 -Performance Guarantees A permit applicant may be required by conditions of approval or by action of the Director or Hearing Officer to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The Director or Hearing Officer, in Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-9 Permit Implementation and Time Extensions 22.66 concert with the Building Official, shall be responsible for setting the amount of the required security. 2166.050 - Time Limits and Extensions A. Time limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire one year from the date of approval, unless otherwise specified in the permit or entitlement, if the use has not been exercised. Time extensions may be granted in compliance with Chapter 22.66 (Permit Implementation and Time Extensions), if a written request is submitted by the applicant, and received by the Department, at least 30 days prior to the expiration of the permit. If a permit or entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of Section 22.66.050.C. (Extensions of time), below shall deem the permit or entitlement void. B. Permit implementation -exercising the permit or entitlement. 1. Exercised, defined. An approved permit or entitlement shall be exercised before its expiration. The permit or entitlement shall not be deemed exercised until the permittee has: a. Obtained a Building Permit and continuous on -site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; b. Obtained a Grading Permit and has completed a significant amount of on -site grading, as determined by the Director; c. Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval. 2. Project phasing. a. Two or more phases. Where the permit or entitlement provides for development in two or more phases or units in sequence, the permit or entitlement shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this Section, without review authority approval. b. Commencement for each phase. If a project is to be built in pre -approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or entitlement, or the permit or entitlement shall expire and be deemed void. c. Tentative map. If the application for the permit or entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V_8 Permit Implementation and Time Extensions 22.66 and the permit or entitlement shall be exercised before the expiration of the companion tentative map. C. Extensions of time. 1. On the applicant's own motion and on the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. 2. The applicant shall file a written request for an extension of time with the Department, together with the filing fee required by the City's Fee Resolution. The review authority shall then determine whether the permittee has made a good faith effort to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. 3. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods, not to exceed six months each. D. Hearing on expiration/extension. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the proposed extension of a permit or entitlement, and give notice, in compliance with Chapter 22.72 (Public Hearings). Upon good cause shown, the first extension may be approved, approved with modifications or disapproved by the Director, whose decisions may be appealed to the Commission, in compliance with Chapter 22.74 (Appeals). Subsequent extensions may be approved, approved with modifications or disapproved by the Commission, whose decisions may be appealed to the Council. The maximum number of months that a permit or entitlement may be extended shall not exceed a total of two additional six-month periods beyond the expiration of the original approval. 22.66.060 -Changes to an Approved Project A development or new land use authorized through a Temporary Use Permit, Administrative Development Review, Development Review, Minor Variance, Variance, Minor Conditional Use Permit or Conditional Use Permit shall be established only as approved by the review authority and subject to conditions of approval, except where changes to the project are approved in compliance with this Section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with Chapter 22.72 (Public Hearings). A. Minor changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the changes: Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-9 Permit Implementation and Time Extensions 22.66 1. Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval; 2. Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project; 3. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the Director, Hearing Officer, Commission, or Council) in the approval of the permit; and 4. Do not result in an expansion of the use. S. Major changes. Major changes involve features described in Subsections A.2. and A.3. (Minor changes), above, and shall only be approved by the review authority through a new entitlement application or modification, processed in compliance with this Development Code. 22.66.070 - Resubmittals For a period of one year following the approval, disapproval or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. The Director shall determine whether the new application is for a discretionary land use permit or entitlement which is the same or substantially similar to the previously approved or disapproved permit or entitlement. The determination of the Director may be appealed to the Commission, in compliance with Chapter 22.74 (Appeals). 22.66.080 -Covenants for Easement A. Covenant maybe required. When necessary to achieve the land use goals of the City, the City may require a property owners) holding property in common ownership to execute and record a Covenant of Easement in favor of the City and providing for parking access, ingress, egress, emergency access, light and air access, landscaping, or for open space. The Covenant may be imposed as a condition of approval by the Hearing Officer, Commission, or Council, in compliance with State law. B. Form of covenant. The Covenant of Easement shall describe the real property to be subject to the easement and the real property to be benefitted by the easement. The Covenant shall also identify the approval or permit granted which relied on or required the Covenant. The form of the Covenant shall be approved by the City Attorney. C. Effect of covenant. The Covenant shall be effective when recorded and shall act as an easement in compliance with State law (Chapter 3 [commencing with Section 801] of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to the conveyance of the affected real property. Diamond Bar Development Code Article V -Development Code Administration July 21, 1998 V-10 Permit Implementation and Time Extensions 22.66 From and after the time of its recordation, the Covenant shall impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the benefits of the Covenant shall inure to, all successors in in to the real property. D. Enforceability of covenant. The Covenant shall be enforceable by the successors in interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release. E. Release of covenant. The Covenant may be released upon the initiation of the City, or a request of an affected property owner, and after a public hearing, on a determination that the Covenant on the property is no longer necessary to achieve the land use goals of the City. The Covenant may be released only by the Council. A notice of the release of the Covenant shall be recorded by the City with the County Recorder's Office. F. Fees. The City may impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the City's Fee Resolution. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-11 Permit Implementation and Time Extensions 22.66 Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-12 CHAPTER 22.68 - NONCONFORMING USES, STRUCTURES, AND PARCELS Sections: 22.68.010 -Purpose 22.68.020 - Restrictions on Nonconforming Uses and Structures 22.68.030 - Single- and Multi -Family Dwelling Unit Exemptions 22.68.040 - Loss of Nonconforming Status 22.68.050 - Nonconforming Parcels 22.68.060 - Conformity of Uses Requiring Conditional Use Permits 22.68.070 - Previous Conditional Use Permits in Effect 22.68.080 - Unlawful Uses and Structures 22,68.090 - Nuisance Abatement 22.68.010 -Purpose This Chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures and parcels. Within the zoning districts established by this Development Code, there exist land uses, structures and parcels that were lawful before the adoption, or amendment of this Development Code, but which would be prohibited, regulated or restricted differently under the terms of this Development Code or future amendments. It is the intent of this Development Code to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this Chapter. Generally, this Chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities. 22.68.020 -Restrictions on Nonconforming Uses A. Nonconforming use of land. A nonconforming use of land maybe continued, transferred or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use exception as provided for in this Chapter. B. Nonconforming use of a conforming structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code maybe continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made: 1. Expansion of use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not: a. Be granted more then one time; and Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-13 Nonconforming Uses, Structures, and Parcels 2168 b. Exceed a maximum of 10 percent of the total floor area of the structure before the expansion. 2. Relocation of use. A nonconforming use located in a conforming structure may be relocated within the same structure or to an adjacent conforming structure(s) on the same parcel. 22.68.030 -Restrictions %J Nonconforming Structures A. Building envelope exemptions. A structure shall not be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., height or setback requirements) identified in Article H (Zoning Districts and Allowable Land Uses). B. Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56, (Minor Conditional Use Permits) if the additions or improvements conform to applicable provisions of this Development Code and the exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure. The Hearing Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (Findings and Decision). C. Findings. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood; 2. Inconsistent with the General Plan or any applicable specific plan; 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code; 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and 5. Detrimental and/or injurious to property and improvements in the neighborhood. D. Nonconforming due to parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards regarding off-street parking, may undergo changes in compliance with Section 22.68.030 (Restrictions on Nonconforming Structures), above, without the approval of a Conditional Use Permit, subject to the following provisions: 1. Residential uses. Additional parking spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units within the structure, nor the elimination of the only portion of the parcel which can be used for the required/existing vehicle parking or access; or 2. Nonresidential uses. Structures with parking space deficiencies shall be permitted to be occupied by new allowed uses provided that: Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-14 Nonconforming Uses, Structures, and Parcels 22.68 a. The new use has the same or lesser parking requirement as the existing or previous use. b. The new use has a greater requirement than the existing or previous use and a sufficient number of additional parking spaces have been provided to accommodate the increased number of required spaces; or c. The new use will be underparked by 25 percent or more and a parking study has been prepared to determine the required number of parking spaces. E. Maintenance and repair. A nonconforming structure may undergo maintenance and repairs in the following manner: 1. Minor. Minor normal maintenance and repairs to a nonconforming structure: a. .Provided no structural alterations are made (exception: see Subsection B.4, above), and the work does not exceed 25 percent of the current appraised/ replacement value of the structure as shown in the County Assessor's records in a one year period; and b. When required structural alteration work exceeds 25 percent of the current appraised/ replacement value of the structure, as shown in the County Assessor's records, subject to the approval of the Hearing Officer in -compliance with Caption 22.56 (Minor Conditional Use Permits). 2. Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current appraised/replacement value of the structure, as shown in the County Assessor's records, before damage or destruction, in compliance with Section 22.68.050.B.2. (Termination by destruction), below. F. Seismic retrofittingBuilding Code compliance. Repairs or alterations required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations. The seismic retrofitting and Code compliance shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including, State law (e.g., Title 24, California Code of Regulations, etc). G. Other modifications allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed provided the modification(s) is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, with Minor Conditional Use Permit approval in compliance with Chapter 99.56 (Minor Conditional Use Permits). 22.68.040 -Single-and Multi -Family Dwelling Unit Exemptions Single- and multi -family residential dwelling units damaged or destroyed due to a catastrophic event maybe reconstructed or replaced provided: Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-15 Nonconforming Uses, Structures, and Parcels 22.68 A. Development standards. The new structures) shall use the same development standards originally applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards), in compliance with State law (Government Code Section 65863.4); and B. Building and Fire Code compliance. The new construction shall comply with the current Building and Fire Code requirements. 22.68.050 -Loss of Nonconforming Status A. Termination by discontinuance. 1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least 180 days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon. 2. The determination of abandonment shall be supported by evidence, satisfactory to the Director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning -off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation). 3. Without further action by the City, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Development Code, B. Termination by destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied only as follows: 1. If the cost of repairing or replacing the damaged portion of the structure does not exceed 50 percent of the current appraised/replacement value %J the structure, as shown in the County Assessor's records, immediately before damage or destruction, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and 2. If the cost of repairing or replacing the damaged portion of the structure does exceed 50 percent of the current appraised/replacement value of the structure, as shown in the County Assessor's records, immediately before damage or destruction, a Minor Conditional Use Permit, in compliance with Chapter 22.56, shall be required to authorize the restoration of the structure and continue the use. 22.68.060 -Nonconforming Parcels A nonconforming parcel of record that does not comply with the access, area or width requirements of this Development Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets at least one of the criteria specified by this Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-16 Nonconforming Uses, Structures, and Parcels 22.68 Section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following: A. Approved subdivision. The parcel was created through a subdivision approved by the City; B. Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming, C. Variance or lot line adjustment. The parcel was approved through the Variance procedure, in compliance with Chapter 22.54 (Variances) or resulted from a lot line adjustment; or D. Partial government acquisition. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Development Code, or that makes the use of the parcel more nonconforming. 22.68.070 on Conformity of Uses Requiring Conditional Use Permits A use existing at the time of adoption of this Development Code, in a zoning district that allows the use subject to the granting of a Conditional Use Permit, shall be deemed a conforming use, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.). 22.68.080 - Previous Conditional Use Permits in Effect A use in existence by virtue of a Conditional Use Permit issued in compliance with the regulations in effect at the time of application for a land use activity which, under the new regulations is not allowable by Conditional Use Permit, may continue, but only in compliance with the provisions and terms of the original Conditional Use Permit. If the Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the original permit. 22.68.090 = Unlawful Uses and Structures Uses and structures which did not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the provisions of Chapter 22.78 (Enforcement). No right to continue occupancy of property containing an illegal use or structure is granted by this Chapter. The activity shall not be allowed to continue unless/until permits and entitlements required by this Development Code and the Municipal Code are first obtained. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-17 Nonconforming Uses, Structures, and Parcels 22.68 Diamond Bar Development Code Article V -Development Code Administration July 21,1998 CHAPTER 22.70 - GENERAL PLAN, DEVELOPMENT CODE, AND ZONING MAP AMENDMENTS Sections. 22.70.010 -Purpose 22.70.020 - Notice and Hearing 22.70.030 - Commission Action on Amendments 22.70.040 - Council Action on Amendments 22.70.050 - Prezoning 22.70.010 -Purpose This Chapter provides procedures for the amendment of the General Plan, this Development Code, and the Zoning Map. A General Plan Amendment may include revisions to strategies, goals, land use designations, objectives, or text. Amendments to this Development Code may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the City. Zoning Map amendments have the effect of rezoning property from one zoning district to another. 22.70.020 -Notice and Hearing Upon receipt of a complete application to amend the General Plan, this Development Code, or the Zoning Map, or on initiation by the Director, Commission, or Council, and following Department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Chapter 22.72 (Public Hearings). 22.70.030 - Commission Action on Amendments The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on Section 22.70.050 (Adoption of Amendment), below. 22.70.040 -Council Action on Amendments Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment, based on Section 22.70.050 (Adoption of Amendment), below. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Development Code/Zoning Map amendments]). Diamond Sar Development Code Article V -Development Code Administration July 21,1995 V-19 General Plan, Development Code, and Zoning Map Amendments 22.70 22.70.050 - Adoption of Amendment The Council shall adopt an amendment to the General Plan, this Development Code, or the Zoning Map only if it finds that the proposed amendment is internally consistent with the General Plan and other adopted goals and policies of the City. 22.70.060 - Prezoning A. Purpose. An unincorporated property within the City's sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the City. The initiation and the procedures for the prezoning shall be the same procedures which govern the rezoning of property within the City. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the City's Official Zoning Map. B. Commission action on prezoning. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on Section 22.70.050 (Adoption of Amendment), above. C. Council action on prezoning. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed prezoning based on Section 22.70.050 (Adoption of Amendment), above. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Section 65857). Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-20 CHAPTER 22.72 - PUBLIC HEARINGS Sections. 22.72.010 - Purpose 22.72.020 - Notice of Hearing 22.72.030 - Notice of Decision - Director/Hearing Officer 22.72.040 - Notice of Decision - Commission 22.72.050 - Finality of Decision by Director, Hearing Officer, or Commission 22.72.060 - Recommendation by Commission 22.72.070 - Notice of Decision - Council 22.72.010 -Purpose This Chapter provides procedures for public hearings before the Director, Hearing Officer, Commission and Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this Chapter. 22.72.020 -Notice of Hearing A. Content of notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of the hearing body; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the property that is the subject of the hearing. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the City's CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report. B. Method of notice distribution. Notice of a public hearing required by this Chapter for a an use permit, amendment, or appeal shall be given as follows, as required by State law: 1. Notice shall be published at least once in a local newspaper of general circulation in the City at least 10 days before the hearing; 2. Notice shall be posted, at least 10 days before the hearing, in the following manner: a. On the subject parcel on a display board measuring at least four foot by six foot. The applicant is responsible for the preparation, installation and maintenance of the display board; b. In at least three public places in the area of the property which is the subject of the hearing. 3. Notice shall be mailed or delivered at least 10 days before the hearing to: a. The owner(s) of the property being considered or the owner's agent, and the applicant; Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-21 Public Hearings 22.72 b. Each local agency expected to provide water, schools or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected; c. All owners of real property as shown on the County's latest equalized assessment roll within the following radu of the subject property and (See Table 54); TABLE 5-1 NOTICE REOUIRE Under 3 acres 3 acres and above, or the proposed project requires an Environmental Impact Report Hillside areas located in the R-1 zorung district, in compliance with 22.22 (Hillside Management) where warranted because of significant topographic features. 500 feet 700 feet 1,000 feet d. A person who has filed a written request for notice with the Director and has paid the fee set by the most current City's Fee Resolution for the notice. C. Alternative notice. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternative notice allowed by State law. D. Additional notice. In addition to the types of notice required by Subsection B above, the Director may provide additional notice with content or using a distribution method as the Director determines is necessary or desirable (e.g., on the Internet). 22.72.030 -Notice of Decision —Director/Hearing Officer The Director/Hearing Officer may announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the Commission for determination, or defer action and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety and welfare of the City. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. 22.72.040 -Notice of Decision —Commission The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval and reporting/ monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety and welfare of the City. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-22 Public Hearings 2232 22.72.050 - Finality of Decision by Director, Hearing Officer, or Commission The decision of the Director, Hearing Officer, or Commission is final unless appealed in compliance with Chapter 22.74 (Appeals). 22972.060 "Recommendation by Commission At the conclusion of a public hearing on a proposed amendment to AL Plan, this Development Code, the Zoning Map, a specific plan or a prezoning, the Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission's recommendation shall be mailed to the applicant at the address shown on the application. 22.72.070 -Notice of Decision —Council For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety and welfare of the City. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-23 Public Hearings 22.72 Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-24 CHAPTER 22.74 - APPEALS Sections: 22.74.010 -Purpose 22.74.020 - Council Review 22.74.030 - Appeals of Decisions 22.74.040 - Filing and Processing of Appeals 22.74.010 -Purpose This Chapter provides procedures for the following: A. The Council's review of a decision rendered by the Commission; and B. The filing of an appeal of a decision rendered by the Duector, Hearing Officer, or Commission. 22.74.020 - Council Review The Council may choose to review a decision rendered by the Commission. A member of the Council may request the opportunity to discuss any decision rendered by the Commission; however, a majority vote of the Council is required to initiate an appeal of the Commission's decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be set for hearing by the City Clerk. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council. 22.74.030 -Appeals of Decisions Determinations and actions that maybe appealed, and the authority to act on an appeal shall be as follows: A. Director and Hearing Officer appeals. A decision rendered by the Director or Hearing Officer maybe appealed to the Commission; and B. Commission appeals. A decision rendered by the Commission may be appealed to the Council. 22.74.040 -Filing and Processing of Appeals A. Timing and form of appeal. Appeals shall be submitted in writing and filed with the Department or City Clerk, as applicable, on a City application form, within 10 days after the date the decision is rendered by the Director or the adoption of the resolution by the Hearing Officer or Commission. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department, while appeals addressed to the Council shall be filed with the City Clerk. Appeals shall be accompanied by the filing fee set by the City's Fee Resolution. B. Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-25 Appeals 22.74 appeal body identified in Subsection A, above. Appeals to the Council shall appear on the Council's soonest available, regularly scheduled, meeting agenda. C. Action. If the matter originally required a noticed public hearing, the Department or City Clerk, as applicable, shall notice the hearing in compliance with Section 22.72.020 (Notice of Hearing). At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. 1. The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision or determination that is the subject of the appeal. 2. When reviewing an appeal, the appeal body may adopt additional conditions of approval, that may address other issues or concerns than the subject of the appeal. 3. If new or different evidence is presented on appeal, the Commission or Council, may, but shall not be required to, refer the matter to the Director, Hearing Officer, or Commission for further consideration. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-26 CHAPTER 22.76 - REVOCATIONS AND MODIFICATIONS Sections: 22.76.010 -Purpose 22.76.020 - Revocations and Modifications 22.76.010 -Purpose This Chapter provides procedures for securing revocation or modification of previously approved applications, permits and entitlements. 22.76.020 -Revocations and Modifications A. Hearings and notice. The appropriate review authority shall hold a public hearing to revoke or modify an application, permit or entitlement granted in compliance with the provisions of this Development Code. Ten days before the public hearing (except for Temporary Use Permits), notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property. B. Review authority action: 1. Permit revocation or modification. Aland use permit or entitlement may be revoked or modified by the review authority (e.g., Director, Hearing Officer, Commission, or Council) which originally approved the permit or entitlement, or the equivalent City review authority, for permits or entitlements originally approved under the County's authority, if any one of the following findings can be made and/or in addition to the findings under B.2: a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification; b. The permit was obtained by misrepresentation or fraud; c. The use or improvement authorized in compliance with the permit has not been established in a timely manner and a time extension is not warranted; d. That one or more of the conditions of the permit have not been met or have been violated; e. The use, structure or construction for which the permit was granted has ceased to exist or has been suspended for at least six months, as defined in Section 22.68.050. A. (Loss of Nonconforming Status); Diamond Bar Development Code Article V -Development Code Administration July 21,1995 V-27 Revocations and Modifications 22.76 f. The improvement authorized m compliance with the permit is in violation of any code, law, ordinance, regulation or statute; or g. The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare, or the use operates in a manner which constitutes a nuisance. 2. Minor Variance or Variance revocation modification. A Minor Variance or Variance may be revoked or modified by the review authority which originally approved the Minor Variance or Variance, if any one of the following findings can be made, in addition to those outlined in Subsection B.L, above: a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made, and the grantee has not substantially exercised the rights granted by the Minor Variance or Variance; or b. That one or more of the conditions of the Minor Variance or Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Minor Variance or Variance. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-28 CHAPTER 22.78 - ENFORCEMENT Sections: 22.78.010 -Purpose 22.78.020 - Violations 22.78.030 - Remedies are Cumulative 22.78.040 - Inspection 22.78.050 - Initial Enforcement Action 22.78.060 - Legal Remedies 22.78.070 - Recovery of Costs 22.78.080 - Additional Permit Processing Fees 22.78.090 - Reinspection Fees 22.78.010 -Purpose This Chapter provides procedures which are intended to ensure compliance with the requirements of this Development Code and the conditions of land use permit approval. 22.78.020 -Violations A. Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved or operated, contrary to the provisions of this Development Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in the Municipal Code, including this Chapter. B. Infractionlmisdemeanor. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provisions) of this Development Code or a condition imposed on any development permit, entitlement, map, or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists, except as otherwise specified herein; provided that a person responsible for these violations who has previously been convicted three or more times during a 12-month period for any other violation(s) of this Development Code shall be guilty of a misdemeanor. C. Stop Work Order. Construction in violation of this Development Code or a condition(s) imposed on a permit shall be subject to the issuance of a "Stop Work Order." A violation of a Stop Work Order shall constitute a misdemeanor. 22.78.030 -Remedies are Cumulative All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State or Federal law. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the City from pursuing any other available remedy(s) to correct the violation. Diamond Bar Development Code Article V - Development Code Administration July 21,1998 V-29 Enforcement 22.78 22.78.040 - Inspection Every applicant seeking an application, permit or any other action in compliance with this Development Code shall allow appropriate City officials access to any premises or property which is the subject of the application. If the permit or other action, in compliance with this Development Code, is approved, the owner or applicant shall allow appropriate City officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval. Failure to allow inspections for compliance shall automatically make all permits and approvals void. 22.78.050 -Initial Enforcement Action This Section describes the procedures for initiating enforcement action in cases where the Director has determined that property within the City is being used, maintained or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that other enforcement measures, provided by this Section, may be avoided. A. Notice to responsible parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information: 1. A lime limit for correcting the violation, in compliance with Subsection B., below; 2. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s), in compliance with Section 22.78.070 (Recovery of Costs), and/or initiate legal action as described in Section 22.78.060 (Legal Remedies); and 3. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations. B. Time limit for correction. The Notice of Violation shall state that the violation shall be corrected within 10 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction. The Director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time. If the Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Director may require immediate corrective action. C. Use of other enforcement procedures. The enforcement procedures of Section 22.78.060 (Legal Remedies) maybe employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation within a designated period of time. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-30 Enforcement 22.78 22.78.060 - Legal Remedies The City may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this Development Code. A. Civil actions: 1. Injunction. At the request of the Council, on recommendation of the Director, the City Attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this Development Code. 2. Abatement. Where a person, firm or corporation fails to abate a violation after being provided a Notice of Violation in compliance with Section 22.78.050.A. (Notice to responsible parties) and the opportunity to correct or end the violation, the Council, on recommendation of the Director, may request the City Attorney to apply to a court of competent jurisdiction for an order authorizing the City to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions. B. Civil remedies and penalties: 1. Civil penalties. Any person who willfully violates the provisions of this Development Code, or a permit issued in compliance with this Development Code, shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist. 2. Costs and damages. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents and agencies as a direct result of the violations. 3. Procedure. In determining the amount of the civil penalty to impose, the Court shall consider all relevant circumstances, including the following. a. The extent of the harm caused by the conduct constituting a violation; b. The nature and persistence of the conduct; c. The length of time over which the conduct occurred; d. The assets, liabilities and net worth of the defendant, whether corporate or individual; and e. The corrective action taken by defendant. C. Criminal actions and penalties: 1. A person violating provisions of this Development Code, or a permit issued in compliance with this Developmei#- Code, shall be guilty of an infraction or a misdemeanor, in compliance with Section 22.78.060.C.2., below, and upon conviction Diamond -Bar Development Code Article V -Development Code Administration July 21,1998 V-36 Enforcement 22.78 thereof, shall be punishable by a fine not exceeding those specified in the Municipal Code Chapter 1.04. 2. An offense that would otherwise be an infraction may, at the discretion of the City Attorney, be filed as a misdemeanor if the defendant has previously been convicted three or more times during a 12-month period for any other violation(s) of this Development Code. 22.78.070 -Recovery of Costs This Section establishes procedures for the recovery of administrative costs (e.g., staff, legal, including staff time expended in the enforcement of the provisions of this Development Code, in cases where no permits are required to correct a violation. The intent of this Section is to recover City administrative and legal costs reasonably related to the required enforcement action(s). A. Record of costs. The Department shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner, in compliance with this Section. Staff time shall be calculated at an hourly rate established and revised from time to time by the Council. B. Notice. Upon investigation and a determination that a violation of a provisions) of this Development Code is found to exist, the Director shall send a notice to the record owner, or any person having possession or control of the property, and post a copy of the notice on the subject property, specifying the existence of the violation. The notice shall also specify the Department's intent to charge the property owner for all administrative costs associated with enforcement and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney. C. Summary of costs and notice. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges. In the event that no request for hearing is timely filed or, after a hearing during which the Director affirms the validity of the costs, the property owner and/or person in control shall be liable to the City in the amount stated in the summary or any lesser amount determined by the Director. These costs shall be recoverable in a civil action in the name of the City, in a court of competent jurisdiction within the County. D. Request for hearing on costs. A property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-37 Enforcement 22.78 1. A request for hearing shall be filed with the Department within 10 days following the date of service of the Department's summary of costs, on a form provided by the Department. 2. Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections and determine their validity. 3. In deter*n;n7ng the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include the following: a. Whether the present owner created the violation(s); b. Whether there is a present ability to correct the violation(s); c. Whether the owner moved promptly to correct the violation(s); d. The degree of cooperation provided by the owner; and e. Whether reasonable minds can differ as to whether a violations) exists. 4. The Director's decision shall be appealable to the Council, in compliance with Chapter 22.74 (Appeals). 22.78.080 -Additional Permit Processing Fees A person who establishes a land use, or alters, constructs, enlarges, erects, maintains or moves a structure without first obtaining a permit required by this Development Code, shall pay the additional permit processing fees established by the City's Fee Resolution for the correction of the violation(s), before being granted a permit for a use or structure on the site. 22.78.090 - Reinspection Fees A. A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order or letter of correction of any provision of the Municipal Code, adopted Building Code or State law. The fee amount shall be established by the City's Fee Resolution. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made. B. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the Municipal Code for less than six months, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-38 Enforcement 22.78 unnecessary City inspections, and not as a penalty for violating this Development Code or the Municipal Code. Any reinspection feels) imposed shall be separate and apart from any fines or penalties imposed for violation of this Development Code or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance. Diamond Bar Development Code Article V -Development Code Administration July 21,1998 V-39 ARTICLE VI Development Code Definitions Chapter 22.80 -Definitions ............................................. VI-3 22.80.010 - Purpose of Chapter ........................................ VI-3 22.80.020 - Definitions of OF Terms and Phrases ................. VI-3 Diamond Bar Development Code July 21,1998 Article VI -Development Code Definitions VI-1 Contents Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-1 CHAPTER 22.80 -DEFINITIONS 22.80.010 -Purpose of Chapter This Chapter provides definitions for various land uses, and the development terminology used in this Development Code. 22.80.020 -Definitions As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. A. Definitions, "A." The following definitions are in alphabetical order. A -weighted sound level. The sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dB(A) or dBA. Accessory Retail Uses. 'The retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes. Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Development Code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers. Accessory Use. Aland use that is in addition to, secondary and incidental to, and commonly associated with the primary use. Adult Day Care Facilities. State -licensed facilities that provide nonmedical care and supervision for more than six adults for periods of less than 24 hours. Adult -oriented business. Any of the following: 1. Adult -oriented arcade. An establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-3 Definitions A slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas. 2. Adult -oriented bookstore, adult -oriented novelty store, adult -oriented video store. An establishment that as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either sexually -oriented material, sexually -oriented merchandise, or both. 3. Adult -oriented cabaret. An establishment that serves food or beverages and that, for any form of consideration, as a regular and substantial course of conduct, presents live performances that either a. Are characterized by specified sexual activities; or b. Feature any seminude person. 4. Adult -oriented hoteUmotel. A hotel, motel or similar establishment offering public accommodations for any form of consideration which either: a. Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising including, but not limited to newspapers, magazines, pamphlets, leaflets, radio or television. b. Rents, leases or lets any single guestroom for less than any 10-hour period. c. Rents, leases or lets any single guestroom more than twice in any 24-hour period; or d. All a tenant or occupant to subrent a guestroom for a time period less than 10 hours. 5. Adult -oriented material. Any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation which is characterized by specified sexual activities or the exposure of specified anatomical areas. 6. Adult -oriented merchandise. Sexually -oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; sexually -oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas, and similar sexually -oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. 7. Adult -oriented motion picture theater. An establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI4 Definitions 0 computer -generated images, motion picture, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas. 8. Adult -oriented theater. An establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: a. Are characterized by specified sexual activities; or b. Feature any seminude person. 9. Couch dancing/straddle dancing. An activity involving at least two persons where at least one of the persons is a patron who is sitting or resting on an object or the floor and at least one of the persons is dancing or moving such that said person's genitals, pubic region, buttock or female breast, regardless of whether such body area is covered or uncovered, is positioned for any period of time within three feet of, and at a level between, the chin and forehead of, the person(s) who is/are sitting or resting on an object or the floor. 10. Entertainer. A person who, for any form of consideration, performs at an oriented business. business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner, or independent contractor) with the adult -oriented business. 11. Modeling studio. An establishment that provides, for any form of consideration, seminude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following: a. Schools maintained in compliance with standards set by the State Board of Education; and b. Schools maintained by an individual artist or group of artists, and that do not provide, permit, or make available specified sexual activities. 12. Owner. a. The sole proprietor of anadult-oriented business; b. Any general partner of a partnership that owns and operates an adult - oriented business; c. The owner of a controlling interest in a corporation that owns and operates an adult -oriented business; and d. The person designated by the officers of a corporation to be the permit holder for an adult -oriented business owned and operated by the corporation. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 �-5 Definitions 13. Perform at an adult -oriented business. To engage in or participate in any live performance at an adult -oriented business that either: a. Is characterized by an emphasis upon specified sexual activities; or b. Features any seminude person. 14. Regular and substantial course of conduct and regular and substantial portion of business. Any of the following conditions: a. At least 20 percent of the stock -in -trade is devoted to adult -oriented material, adult -oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises. b. At least 20 percent of the total display area is devoted to adult -oriented material, adult -oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises. c. The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any seminude person on any four or more separate days within any thirty day period. d. At least 20 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas. 15. Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. 16. Sexual encounter center. A business, agency or person that, for any consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities, or exposing specified anatomical areas. 17. Specified anatomical areas. a. Less than completely and opaquely covered human 1) genitals or pubic region; 2) buttocks; and 3) female breast below a point immediately above the top of the areola; Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 V 1-6 Definitions b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, c. Any device, costume or covering that simulates any of the body parts included in subparagraphs (a) or (b) above. 18. Specified criminal act. Sexual crimes against children, sexual abuse, rape, or crimes connected with another adult -oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution, or pandering. 19. Specified sexual activities. The following activities, whether performed directly or indirectly through clothing or other covering: a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; b. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; c. Masturbation, actual or simulated; d. Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (a) through (c) of this paragraph. 20. Substantially enlarged. The increase in floor area occupied by anadult-oriented business by more than 10 percent of its floor area as it existed at the time an Adult -Oriented Business Permit was issued for the business. Agent. A person authorized in writing by a property owner or lessee to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Development Code. Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off -premise consumption. Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation. Allowed Use. Land uses that are listed as permitted or conditionally permitted in Article II (Zoning Districts and Allowable Land uses), subject to compliance with all applicable provisions of this Development Code. Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-7 Definitions A Alternative transportation modes. Any mode of travel that serves as an alternative to a single occupant vehicle, including all forms of ridesharing (i.e. carpooling, vanpooling), public transit, bicycling, walking, etc. Ambient noise histogram. The composite of all noise from sources near and far, excluding an alleged intrusive noise source. In this context, the ambient noise histogram shall constitute the normal or existing level of environmental noise at a given location. Ambulance service. A commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies. Amenity. A public benefit in excess of the minimum which is required to be provided by the developer in conjunction with a development project as a condition of approval. Examples of amenities may include permanent open space and landscaping; public art; recreational facilities; and on -site child day care facilities. Antenna. A device used in communications which transmits or receives radio signals, including the following. 1. Antenna, dish. A dish -like antennas used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna. 2. Antenna, panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna. 3. Antenna, Satellite. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites. 4. Antenna, Whip. An antenna that transmits signals in 360 degrees. These are typically cylindrical in shape and are less than six inches in diameter. Also called omnidirectional, stick or pipe antennas. Approval. Includes both approval and approval with conditions. Arborist. 1) A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) such other qualified professionals who the Director determines has gained through experience the qualifications to identify, remove or replace trees. Arborist report. A report prepared by an arborist for: the potential impact of development on existing trees; the current health and/or structural stability of existing trees; the restorative or remedial measures for mitigation of potential or actual development impacts to existing trees, and the probability of long-term success of replacement trees. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 V two Definitions A Architectural Projection. A building feature that is mounted on, and/or extends from, the surface of a building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, etc. Art, Antique, Collectible and Gift Sales. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are instead defined as "Artisan Shops." Artisan Shops. Retail stores selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold. Auto and Vehicle Sales/Rental. Retail establishments selling, leasing, and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and moped sales (see "General Retail Stores"); fire recapping establishments (see "Vehicle Services"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards"); or "Service Stations," which are separately defined. Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicle Services"). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards." Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations. Automobile Repair. See "Vehicle Services." Automobile Dismantling Yard. See "Recycling -Scrap, and Dismantling Yards." Average Slope. See "Slope." B. Definitions, "B." The following definitions are in alphabetical order. Bakery, Retail. A retail business specializing in the sale of baked goods (breads, cakes, cookies, donuts, etc.), where any products prepared from raw materials and baked on the site are primarily sold on the site. Balcony. Outdoor living space located on the second or higher floor of a building, enclosed by a railing or other safety barrier. Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-9 Definitions Banks and Financial Services. Financial institutions including: banks and trust companies credit agencies holding (but not primarily operating) companies lending and thrift institutions other investment companies See also, "Automated Teller Machine," above. securities/commodity contract brokers and dealers security and commodity exchanges vehicle finance (equity) leasing agencies Bars and Night Clubs. Businesses which are not part of a larger restaurant, where alcoholic beverages are sold for on -site consumption. This definition includes bars, taverns, pubs, and similar establishments where any food service is secondary to the main purpose of alcoholic beverage sales. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage and tasting facilities. Basement. Habitable space within a structure where less than one half of the distance from its floor to ceiling is below grade. See also "Cellar." Bay Window. A window and related structure which extends outward from an exterior building wall and thereby forms an alcove in the adjoining interior space. Broadcasting Studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including antennas and towers, are included under the definition of "Telecommunications Facilities." Building. Any structure used or intended for supporting or sheltering any use or occupancy. Building frontage. That building elevation which fronts on a public street, pubic parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available. Building Material Stores. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready -mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehousing and Distribution." Hardware stores are listed in the definition of "General Retail Stores," even if they sell some building materials. Building Official. The City of Diamond Bar employee or independent contractor designated by the Director as the Building Official. Business frontage. That portion of a building frontage occupied by a single business tenant having a public entrance within the building frontage. Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-10 Definitions C�7 Business Support Services. Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes: blueprinting business equipment repair services (except vehicle repair, see "Vehicle Services') commercial art and design (production) computer -related services (rental, repair) copying, quick printing, and blueprinting services equipment rental businesses within buildings (rental yards are under "Equipment Rental") film processing laboratories heavy equipment repair services where repair occurs on the client site janitorial services mail advertising services (reproduction and shipping) other "heavy service" business services outdoor advertising services photocopying photofinishing protective services (other than office related) soils and materials testing laboratories window cleaning Buspool. A vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. C. Definitions, "C." The following definitions are in alphabetical order. Cabinet Shop. See "Furniture and Fixtures Manufacturing." California Environmental Quality Act (CEQA). California Public Resources Code Sections 21000 et seq. Car Washes. Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive -related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See Chapter 22.50 (Temporary Use Permits). Carpool. Two to six persons traveling together in a single vehicle. Carport. See "Garage, or Carport." Cellar. Habitable space within a structure where one half or more of the distance from its floor to ceiling is below grade. See also "Basement." Certified Farmers' Market. The temporary use of a site for the outdoor sales of food and farm produce items from vehicles, in compliance with California Food and Agriculture Code Sections 1392 et seq. Chemical Product Manufacturing. Manufacturing facilities that produce or use basic chemicals, and other establishments creating products predominantly by chemical processes. Facilities included in this definition manufacture three general classes of products: 1. Basic chemicals, including acids, alkalies, salts, and organic chemicals; 2. Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-11 Definitions C 3. Finished chemical products to be used for ultimate consumption, including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses listed under Retail Trade Uses in Article II (Zoning Districts and Allowable Land Uses). Child Day Care Faces. Faces that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services: 1. Child Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick -child centers, and school -age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. 2. Large Family Day Care Home. A day care facility located in asingle-family residence where an occupant of the residence provides care and supervision for seven to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility. 3. Small Family Day Care Home. A day care facility located in asingle-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility. City. The City of Diamond Bar, State of California, referred to in this Development Code as the ty." City Council. The Diamond Bar City Council, referred to in this Development Code as the "Council." City Engineer. The City of Diamond Bar employee or independent contractor designated by the Council as City Engineer. Clubs, Lodges, and Private Meeting Halls. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations civic, social and fraternal organizations labor unions and similar organizations Commission. See "Planning Commission." political organizations professional membership organizations other membership organizations Common Interest Development. Includes a condominium, community apartment project, planned development, or stock cooperative, in compliance with Civil Code 1351. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-12 Definitions Jot C Community Apartment Project. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d). Community/Cultural Centers. Multi -purpose meeting and recreational facilities typically consisting of one or more meeting or multi -purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Compensatory pruning. Pruning that is necessary to reinstate the proper root equilibrium. Concrete, Gypsum, and Plaster Product Manufacturing. Manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready -mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready -mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores." Conditional Use. A use of land identified by Article II (Zoning Districts and Allowable .and Uses) as being allowed in a particular zoning district subject to Conditional Use Permit approval in compliance with Chapter 22.58 (Conditional Use Permits). Condominium. As defined by Civil Code Section 951(f), a development where .undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. Construction= Facilities. Base facilities for contract construction services (building, electrical, plumbing, etc.), including administrative offices, and the storage of vehicles, equipment, and/or materials. Construction Equipment Sales. Retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc. Contour. Aline drawn on a plan which connects all points of equal elevation. Convenience Stores. Retail stores of 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility. County. The County of Los Angeles, State of California referred in this Development Code as the County. Cultural Facilities, Libraries and Museums: Public or quasi -public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-13 Definitions C Facilities primarily devoted to meetings and/or public assembly are instead included under "Clubs, Lodges, and Private Meeting Halls," "Community/Cultural Centers," "Religious Places of Worship," "Outdoor Recreation," and "Theaters." Cumulative period. An additive period of time composed of individual time segments which may be continuous or interrupted. Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation. The mechanical removal of earth material. Cut and fill. The excavating of earth material in one place and depositing of it as fill in n adjacent place. Cutting or pruning. The detaching or separating from a protected tree any trunk, limb, branch, or root. D. Definitions, "D." The following definitions are in alphabetical order. Damage. Any action causing or contributing injury to the root system or other parts of a tree, by fire, application of toxic substances, operation of machinery or equipment; improper watering; changing natural grade of land by excavation or filling the drip line area around the trunk; or by attaching signs or artificial material thereby piercing the bark of the tree. DBH (diameter at breast height). The diameter of a tree trunk measured in inches at a height of 4.5 feet at the average point of the natural grade or existing grade adjacent to the trunk. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. Deadwood. Limbs, branches or a portion of a tree that contains no leaves during a period of the year when leaves should be present. Decibel. A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base of ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Density Bonus. An increase in the number of dwelling units normally allowed on a parcel by the applicable zoning district, granted by the City in compliance with Chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions). Department. The Diamond Bar Community and Development Services Department, referred to in this Development Code as "Department." Detached. Any structure that does not have a wall or roof in common with another structure. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-14 Definitions D Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Development Code. Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar Municipal Code, referred to herein as "this Development Code." Development Agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 22.62 (Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project. Diameter at breast height. See "DBH." Director. Where the term "Director" is used in this Development Code, the title shall mean the Deputy City Manager or designee responsible for Community and Development Services. Diseased trees. Trees afflicted by but not limited to any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, and root fungus which must be evaluated, treated and re-evaluated in an effort to restore or save the tree. Drip line. A line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. Drive-in and Drive-thru Sales. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive -through coffee, dairy product, photo stores, etc. Drive-in and Drive-thru Services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive -up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined. Duplexes. Residential structures under single ownership containing two dwellings. Dwelling unit. Any structure designed or used for the shelter or housing of one or more persons. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-15 Definitions E E. Definitions, "E." The following definitions are in alphabetical order. Ecological restoration project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Edge of roof. On a pitched roof, the lowest portion of the facia board covering the roof rafters, or if no facia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall. Effective bulk. The effective visual bulk of structure when seen from a distance or from above or below. Electronics and Equipment Manufacturing. Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including, ► appliances such as stoves/ovens, refrigerators, freezers, laundry equipment,fans, vacuum cleaners, sewing machines ► aviation instruments ► electrical transmission and distribution equipment ► electronic components and accessories, and semiconductors, integrated circuits, related devices ► electronic instruments, components and equipment such as calculators and computers ► electrical welding apparatus ► lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting ► industrial apparatus ► industrial controls ► instruments for measurement, testing, analysis and control, associated sensors and accessories ► miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeubc apparatus, electrical equipment for internal combustion engines ► motors and generators ► optical instruments and lenses ► photographic equipment and supplies ► pre-recorded magnetic tape ► radio and television receiving equipment such as television and radio sets, ► surgical, medical and dental instruments, equipment, and supplies ► surveying and drafting instruments ► telephone and telegraph apparatus ► transformers, switch gear and switchboards ► watches and clocks Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development"). Elevation. Height or distance above sea level. Emergency machinery, vehicle or alarm. Any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. Emergency work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Employee parking area. The portion of total required parking at a development used by on -site employees. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 V1-16 Definitions E Enlargement of use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion. Equestrian Facilities. Horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses. Equipment Rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment. Erosion. The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water. Estimated annual water use. The annual estimated water use of a landscape that is based upon irrigation efficiency, precipitation rates, and scheduled length of water applications. This should be expressed in inches of irrigation water per square foot of landscape area per year. Evapotranspiration. The total water loss from the soil, including that by direct evaporation and that by transpiration from the surfaces of plants. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-17 Definitions F F. Definitions, "F." The following definitions are in alphabetical order. Fabric Product Manufacturing. Manufacturing establishments fabricating clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("General Retail Stores") are instead included under "Personal Services." See also, "Textile and Leather Product Manufacturing." Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Fill. A deposit of earth material placed by artificial means. Finish grade. See "Grade." Fixed noise source. A stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial ma- chinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-18 Definitions Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area). (Figure 64) Possible Building Configurations for 0.50 FAR 12.5%Lot Coverage 4 Floors Vol9eQ�b �—Lot Width'—� In a zone district with a maximum FAR of 0.50, the maximum allowable floor area of a building on a 40,000 sq. ft. lot would be 20,000 sq. ft. (20,000 sq. ft. divided by 40,000 sq. ft. equals .50). NOTE: Variations may occur if upper floors are stepped back from ground level lot coverage. Floor Area Ratio (FAR) _ Gross Building Area (All Floors) Lot Area Figure 6-1 FLOOR AREA RATIO Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-19 Definitions is Food and Beverage Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes: • bakeries • bottling plants • breweries • candy, sugar and confectionery products manufacturing • catering services separate from stores or restaurants • coffee roasting • dairy products manufacturing • fats and oil product manufacturing • fruit and vegetable canning, preserving, related • processing • grain mill products and by-products • meat, poultry, and seafood canning, curing, • byproduct processing • soft drink production • miscellaneous food item preparation from raw • products May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Bars and Night Clubs" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic. Does not include: bakeries which sell all products on -site (listed in Article II (Zoning Districts, Allowable Land Uses and Zone -Specific Standards) as "Bakeries;" or beer brewing as part of a brew pub, bar or restaurant (see 'Bars and Night Clubs"). Fueling Stations. Retail sales facilities for the fueling of gasoline -powered and electric vehicles. Facilities where other vehicle services are also provided are classified under "Service Stations." Furniture and Fixtures Manufacturing. Manufacturers which produce wood and metal: household furniture; bedsprings and mattresses; all types of office furniture, and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Product Manufacturing." The manufacture of household appliances is included under "Electronics and Equipment Manufacturing." Furniture, Furnishings and Equipment Stores. Stores engaged primarily in selling the following products and related services, including incidental repair services: • draperies • floor coverings • lawn furniture Diamond Bar Development Code Article Vi -Development Code Definitions July 21,1998 �_20 Definitions G G. Definitions, "G." The following definitions are in alphabetical order. Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 22.30 (Off -Street Parking and Loading Standards). 1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides. 2. A carport is an attached or detached accessory structure enclosed on no more than two sides. Gateway Corporate Center. A mixed use office, research and development and commercial center located at the intersection of the Orange 57 and Pomona freeways, south of Golden Springs Drive, encompassing Gateway Center Drive, Copley Drive, Valley Vista Drive, and Bridge Gate Drive. Gateway Corporate Center is comprised of approximately 225 acres of land, including 80 acres of developable sites and 175 acres maintained as hillside open space. All proposed land uses within this area are subject to the provisions contained with the Gateway Corporate Center Design Guidelines, adopted by the City Council Resolution 89404. General Plan. The City of Diamond Bar General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Development Code as the "General Plan." General Retail Stores. Stores and shops selling many lines of merchandise. These stores and lines of merchandise include: artists' supplies bakeries (retail only) cameras and photographic supplies clothing and accessories department stores drug and discount stores dry goods fabrics and sewing supplies florists and houseplant stores (indoor sales only —outdoor sales are Tlant Nurseries") general stores hardware hobby materials Glass Product Manufacturing. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations; see "Handcraft Industries and Small Scale Manufacturing." Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-21 Definitions G 1. Existing or natural grade. The contour of the ground surface before grading. 2. Finish grade. The final contour of the ground surface of a site that conforms to the approved grading plan. 3. Natural grade. The elevation of the ground level in its natural state before grading, filling or construction. 4. Street grade. The elevation of the centerline of the street adjacent to the site proposed for development. Grading. To bring an existing surface to a designed form by excavating, filling, or smoothing operations. 1. Conventional grading. See Figure 6-2. a. Conventionally graded slopes are characterized by essentially linear, flat slope surfaces with unvarying gradients and angular slope intersections. Resultant pad configurations are rectangular. b. Slope drainage devices are usually constructed in a rectilinear configuration in exposed positions. c. Landscaping is applied in random or geometric patterns. 2. Contour grading. See Figure 6-3. a. Contour -graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied. Resultant pad configurations are mildly curvilinear. b. Slope drainage devices are usually constructed in a geometric configuration and in an exposed position on the slope face. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 V1-22 Definitions G age 0 ' �._. .ma It Figure 6-2 CONVENTIONAL GRADING ": ..... ; Figure 6-3 CONTOUR GRADING Figure 6-4 LANDFORM GRADING Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-23 Definitions G c. Landscaping is applied in random or geometric patterns. 3. Landform grading. See Figure 64. a. Landform grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform-graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view, and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. b. Slope down -drain devices either follow the natural line of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with natural rock. c. Landscaping becomes a "revegetation" process and is applied in patterns that occur in nature: trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. Grand opening. A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion of retail sales by a business. Golf Courses/Country Clubs. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on -site sales of golfing equipment; and golf cart storage and sales facilities. Granny Flat. See "Secondary Residential Units." Grocery Stores. Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than "Convenience Stores." Guest House. A detached structure of 400 square feet or more, accessory to a single- family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-4% Definitions H H. Definitions, "H." The following definitions are in alphabetical order. Handcraft Industries. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Hazardous materials. Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities. Health care institution. A hospital, convalescent home, or other similar facility that provides health care, medical treatment, room, board or other services for the ill, mentally or physically disabled, or convalescent. Hearing Officer. The City of Diamond Bar Community and Development Services Department employee designated by the Director as the City's Hearing Officer, with the authority and responsibility to conduct public hearings and approve or disapprove land use permit applications in compliance with Article IV (Land Use and Development Permit Procedures). Height of Structure. See Section 22.16.060 (Height Measurement and Height Limit Exceptions). Heliport. A facility for the landing and takeoff of helicopters, and associated passenger and freight loading and unloading. Hillside. A parcel of land which contains grades in excess of 10%. Home Occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Hospital. See "Medical Services -Hospitals." Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. Hydrozone. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-25 Definitions I irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. I. Definitions, "I." The following definitions are in alphabetical order. Improvement. Any man-made immovable, permanent item or structure that becomes part of, is placed upon, or is affixed to real estate. Impulsive noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay. Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement/entertainment services for a fee or admission charge, including: ► bowling alleys ► card rooms ► coin -operated amusement arcades ► dance halls, clubs and ballrooms ► electronic game arcades ► ice skating and roller skating ► pool and billiard rooms as primary uses (see also Chapter 5.16 of the Municipal Code) ► archery and shooting ranges Four or more electronic games or coin -operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site. Infiltration rate. The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). Infrastructure. Facilities and services that are required to support and sustain land uses in all zoning districts, including: water, sewer lines and other utilities; streets communications; and public facilities including fire and sheriff's stations, parks, and schools. Intensification of use. A change in the use of a structure or site, where the new use is required by Chapter 22.30 (Off -Street Parking and Loading Standards) to have more off- street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site. Intrusive noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receptor property. J. Definitions, No definitions of terms beginning with the letter "J" are used at this time. K. Definitions, "K." The following definitions are in alphabetical order. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-26 Definitions K Kennels and Animal Boarding. Commercial facilities for the breeding, keeping, grooming, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops. Kitchen or Kitchenette. An area designed and/or used for the preparation of food, which includes any three of the following features: 1. Cooking or food heating equipment, including a hot plate, microwave, oven, or range; 2. A refrigerator or other device for cold storage; 3. Cabinets, shelves, or other facilities for storage of food and/or utensils; or 4. A sink and water supply. L. Definitions, "L." The following definitions are in alphabetical order. Land use permit. Authority granted by the City to use a specified site for a particular purpose, including Conditional Use Permits and Minor Conditional Use Permits, Development Plans and Minor Development Plans, Planned Development Permits, Temporary Use Permits, Variances and Minor Variances, and Zoning Clearances, as established by Article IV (Land Use and Development Permit Procedures) of this Development Code. Landscaped area. The entire parcel less the building footprint, access drives, nonirrigated portions of parking lots, hardscapes (e.g., decks and patios) and other nonporous areas. Water features are included in the calculation of the landscaped area. Large Family Day Care Home. See "Child Day Care Facilities." Laundries and Dry Cleaning Plants. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial), garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin -operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see "Personal Services." Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Development Code. Types of lots include the following. See Figure 6-5(Lot Types). 1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee. - - 3. Interior lot. A lot abutting only one street. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-27 Definitions L 4. Key lot. The first interior lot to the rear of a reversed corner lot. The front property line of the key lot is formed by a continuation of the side line of the reversed corner lot. 5. Reverse corner lot. A corner lot, the rear of which abuts a key lot. 6. Through lot. A lot with frontage on two generally parallel streets. Diamond Sar Development Code Article VI -Development Code Definitions July 21,1998 vi_Zg Definitions •� I Cul-de- / Sac Lot Flag ----� Lot Interior ` Lot Through Lot i Comer Lot Reverse Corner Comer interior Key Lot Lot Lot Lot '----- 33 3 Figure 6-5 LOT TYPES Gross Lot -----r------�-------�-- - Area LootI I Net Lot Width Area Rear Lot Line --1 Lot ( iDepth wath Average ween t and F=iwl Lot Front Lot Line Figure 6-6 LOT FEATURES Diarnond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-29 Definitions L Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot. Lot coverage. See "Site Coverage." Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 6-6 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration. Lot frontage. The boundary of a lot adjacent to a public street right-of-way. Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 6-6(Lot Features)): 1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. 2. Interior lot line. Any lot line not abutting a street. 3. Rear lot line. A property line that does not intersect the kont lot line, which is most distant from and most closely parallel to the front lot line. 4. Side lot line. Any lot line that is not a kont or rear lot line. Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 6-6 (Lot Features). The Director shall determine lot width for parcels of irregular shape. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products. containers, pallets and skids milling operations trusses and structural beams turning and shaping of wood products wholesaling of basic wood products wood product assembly Craft -type shops are included in "Handcraft Industries and Small -Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "Building Material Stores." Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-3o Definitions M M. Definitions, W." The following definitions are in alphabetical order. Map Act. See "Subdivision Map Act." Medical Services - Clinics and Laboratories. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including: ► health management organizations (HMOs) ► medical and dental laboratories ► medical, dental and psychiatric offices ► out -patient care facilities other allied health services Counseling services by other than medical doctors or psychiatrists are included under "Offices." Medical Services -Extended Care. Residential facilities providing nursing and elated care care as a primary use with in -patient beds, including: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Homes." Medical Services -Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on -site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "Accessory Retail Uses"). Metal Products Fabrication, Machine and Welding Shops. Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products. blacksmith and welding shops ► sheet metal shops ► machine shops and boiler shops Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory -built housing. A mobile home on a permanent foundation is included under the definition of "Single - Family Dwellings." Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-31 Definitions Mobile Home and Recreational Vehicle Sales. Retail establishments selling and/or renting the following new or used vehicles and products: ► boats motor homes ► campers/camper shells motorcycles ► golf carts snowmobiles ► jet skis travel/recreational trailers ► mobile homes other recreational vehicles May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: parts/accessory sales separate from a vehicle dealership (see "Auto Parts Sales"); or bicycle and moped sales (see "General Retail Stores"). Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Mobile noise source. A noise source other than a fixed noise source. Mortuaries. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. Mulch. Any material (e.g., leaves, bark, straw, compost, manure, or other materials) left loose and applied to the soil surface to reduce evaporation. Multi -Family Dwellings. A building or a portion of a building used and/or designed as three or more independent dwelling units. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); senior citizen multifamily housing; and common ownership, attached unit projects including condominiums. Duplexes are separately defined. Multiple tenant site/center. A commercial or industrial development consisting of two or more separate businesses that share either the same parcel or structure and use common access and parking facilities. Municipal Code. The City of Diamond Bar Municipal Code, as it maybe amended from time to time by the Council. Diamond Bar Development Code Article VI -Development Code Definitions July 21,_32 Definitions N. Definitions, "N." The following definitions are in alphabetical order. Natural grade. See "Grade." Natural slope. See "Slope." Night club. See "Bars and Night Clubs." Noise disturbance. An alleged intrusive noise that violates an applicable noise standard of this Chapter. Noise histogram. A graphical representation of the distribution of frequency of occurrence of all noise levels near and far measured over a given period of time. Noise level (LN). The noise level expressed in decibels that exceeds the specified (L,) value as percentage of total time measured. For example, an L,, noise level means that noise level that is exceeded 25 percent of the time measured. Noise -sensitive zone. An area designated for the purpose of ensuring exceptional quiet. Noise zone. A defined area or region of a generally consistent land use. Nonconforming parcel. A parcel that was legally created prior to the adoption of this Development Code and which does not conform to current Code provisions/standards (e.g.,access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located. Nonconforming sign. See "Sign -Nonconforming Sign." Nonconforming structure. A structure that was legally constructed prior to the adoption of this Development Code and which does not conform to current Code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located. Nonconforming use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Development Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located. Nonconformity upon annexation. Nonconformities shall include a structure, use, or parcel legally existing and located in the unincorporated territory which, upon annexation to the City, does not comply with the provisions of this Development Code. Nuisance per se. Examples of activities that are nuisances per se include water pollution by discharge, structures which amount to a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement and illegal signs. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-33 Definitions O O. Definitions, "O." The following definitions are in alphabetical order. Occupancy. All or a portion of a structure occupied by one tenant. Offices - AdministrativeBusiness. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals"). Does not include: medical offices (see "Medical Services -Clinics and Laboratories"); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use. Offices -Production. Office -type facilities occupied production of intellectual property. These uses include: advertising agencies architectural, engineering, planning and surveying services computer software production and programming services educational, scientific and research organizations media postproduction services photography and commercial art studios writers and artists offices by businesses engaged in the Does not include: medical offices (see "Medical Services -Clinics and Laboratories") or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use. Offices -Professional. Professional or government offices including: accounting, auditing and bookkeeping services attorneys counseling services court reporting services data processing services detective agencies and similar services employment, stenographic, secretarial and word processing services government offices literary and talent agencies management and public relations services Does not include: medical offices (see "Medical Services -Clinics and Laboratories") or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use. Offices -Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off -site construction yard; a temporary on -site real estate office for a development project; or a temporary business office in advance of permanent facility construction. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-34 Definitions O Offices - Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. Open Space, Common. Outdoor areas within a development project that may be used by all residents/tenants of the site. Open Space, Private. An outdoor area within a development project that is reserved for use by the residents/tenants of a specific unit or portion of the site. Organizational Houses. Residential lodging houses operated by membership organizations for their members and not open to the general public. Includes fraternity and sorority houses, convents, monasteries, and religious residential retreats. Outdoor Recreation. Facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: ► amphitheaters ► amusement and theme parks drive-in theaters ► go-cart and miniature auto race tracks ► golf driving ranges separate from golf courses health and athletic club outdoor facilities ► miniature golf courses ► motorcycle racing and drag strips ► race tracks skateboard parks ► stadiums and coliseums ► swim and tennis clubs ► tennis courts ► water slides ► zoos May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments including auto dealers, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure. Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including: ► Christmas trees, pumpkins or the sale of other seasonal items ► farmers' markets ► semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows ► sidewalk or parking lot sales longer than one weekend ► retail sales from individual vehicles in temporary locations outside the public right-of-way Overspray. The water that is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-35 Definitions p P. Definitions, F. The following definitions are in alphabetical order. Pad. A level area created by grading to accommodate development. Paper Product Manufacturing. The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes, envelopes, wallpaper, etc. Parcel. See "Lot, or Parcel." Parking FacilitiesNehicle Storage. Service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Development Code.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "Recycling Facilities - Scrap and Dismantling Yards"). Parks and Playgrounds. Public parks, play lots, playgrounds, and athletic fields for non- commercial neighborhood or community use, including tennis courts. If privately - owned, the same facilities are included under the definition of "Private Residential Recreation Facilities." See also "Outdoor Recreation." Patio. Atypically paved outdoor area on the site of a dwelling that is used for lounging, dining, etc. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleurnAmsed roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar. The manufacture of wood roofing materials (shingles, shakes, etc.) is included under "Lumber and Wood Product Manufacturing." Permitted Use. A use of land identified by Article II (Zoning Districts and Allowable Land Uses) as being allowed in a particular zoning district, subject to the approval of a Zoning Clearance, in compliance with Chapter 22.46 (Zoning Clearances). Person. Any individual, firm, co -partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. Personal Services. Establishments providing non -medical services to individuals as a primary use, including: ► acupressure ► massage therapy Diamond Sar Development Code Article VI -Development Code Definitions July 21,1998 VI-36 Definitions These uses may also include accessory retail sales of products related to the services provided. Pet Shops. Retail stores selling birds, cats, dogs, fish, and other common household pets, including supplies for the care and feeding of the animals sold. This use may include pet grooming, but not the boarding of animals other than those for sale. See "Veterinarians, Animal Hospitals, Kennels." Planned Development. As defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features: 1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area, and/or 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become alien upon the separately owned parcel, or area in compliance with Civil Code Section 1367. Planning Commission. The Diamond Bar Planning Commission, appointed by the Diamond Bar City Council in compliance with Government Code Section 65101, referred to throughout this Development Code as the "Commission." Plant Nurseries and Garden Supply Stores. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "General Retail Stores." Home greenhouses are included under 'Residential Accessory Uses and Structures." Plastics and Rubber Product Manufacturing. 'Mn manufacture of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing rniscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services. Establishments engaged primarily in recapping and retreading automobile tires are classified in "Vehicle Services - Major Repair/Body Work." Powered model vehicle. Aself-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry individuals, including, but not limited to, any model airplane, boat, car or rocket. Preferential parking. Parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-37 Definitions P Primary structure. A structure that accommodates the primary use of the site. Primary use. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities oMIT. Primary zoning district. The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied. Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade, including bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services." Private Residential Recreation Facilities. Privately -owned, non-commercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park and sport court facilities. Does not include golf courses/ country clubs, which are separately defined. Prominent ridge. See "Ridge, prominent." Protection zone. The area within the drip line of a tree and extending to a point at least five feet outside of the dripline, or 15 feet from the trunk of a tree, whichever distance is greater. Psychic readers. Commercial services including fortizne tellers, and other types of psychic advisors. Public nuisance. A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Cal. Civ. Code § 3480. A public nuisance is an act or omission which interferes with the interests of the community or interferes with the public health, safety, and welfare. Public Safety Facilities. Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-38 Definitions Public Utility Facilities. Fixed -base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: corporation and maintenance yards. electrical substations and switching stations natural gas regulating and distribution facilities public water system wells, treatment plants and storage telephone switching facilities wastewater treatment plants, settling ponds and disposal fields These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards. - Pure tone noise. A sound that can be judged as audible as a single pitch or a set of single pitches by the Director. For the purposes of this Chapter, a pure tone shall exist if the one-third octave band sound -pressure level in the band with the tone exceeds the arith- metic average of the sound -pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hertz and above, and by eight dB for center frequencies between 160 and 400 Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz. Q. Definitions, "Q." No definitions of terms beginning with the letter "Q" are used at this time. R. Definitions, "R." The following definitions are in alphabetical order. Rain sensing device. A system which automatically shuts off the irrigation system when it rains. Recreational area. Areas of active play or recreation (e.g., sports fields, school yards, picnic grounds) or other areas with intense foot traffic. Recreational vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria. 1. It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; 2. It contains 400 square feet or less of gross area measured at maximum horizontal projections; 3. It is built on a single chassis; and 4. It is either self-propelled, truck -mounted, or permanently towable on the highways without a towing permit. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-39 Definitions 0 Recreational Vehicle Park. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents for temporary stays not exceeding 30 days. Recreational vehicle parks may include public restroorns, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only. Recycling Faces. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials. 1. Collection facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following: a. Reverse vending machine(s); b. Small collection facilities which occupy an area of 350 square feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and (3) Kiosk -type units which may include permanent structures. c. Large collection facilities which occupy an area of more than 350 square feet and/ include permanent structures. 2. Mobile recycling unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers. 3. Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end -user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Recycling Facilities - Scrap and Dismantling Yards:" a. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VIM%U Definitions R 4. Recycling facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See "Collection Facility" above. 5. Recycling or recyclable material. Reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials. 6. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. 7. Scrap and dismantling yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites. Rehabilitated landscape. A relandscaping project that requires or is a component of a required permit, including a Grading Permit, Building Permit, or Conditional Use Permit. Religious Places of Worship. Religious facilities operated by organizations for or the promotion of religious activities, including churchP� ^---- c., and religious schools; and accessory uses w)r ministers and staff, and child day care f< )f land use permit required for the churcl religious organizations, including full4im r potentially related operations (i.e., a recrei 1. , respective activities. �� Y Research and Development. Indoor faci. development and testing of electrical, elt components in advance of product mane manufacturing facility on the same site. Inc Diamond Bar Development Code July 21,1998 Definitions and development. Does not include computer software companies (see "Offices - Production"), soils and other materials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinics and Labs"). Residential Accessory Uses and Structures. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property: ► garages studios ► gazebos swimming pools ► greenhouses tennis and other on -site sport courts ► spas and hot tubs workshops ► storage sheds Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth -based TV and radio broadcasts; see "Telecommunications Facilities." Residential Care Homes. Facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self -care, but where medical care is not a major element. Includes children' homes; family care homes; foster homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses. Does not include child day care facilities or family day care homes, which are separately defined (see "Child Day Care"). Residential district or zone. Any of the residential zoning districts established by Section 22.06.020 (Zoning Districts Established). Restaurant, Counter Service. A retail business where customers are served prepared food from awalk-up ordering counter for either on- or off -premise consumption. A restaurant with drive -up or driveAhrough service is instead included under the definition of "Drive-in and Drive-Thru Sales." Restaurant, Table Service. A retail business selling food and beverages prepared on the site, where most customers are served food at tables for on -premise consumption. These restaurants may also provide food on a take-out basis where take-out is clearly secondary to table service. Review authority. The individual or official City body (the Director, Hearing Officer, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article IV (Land Use and Development Permit Procedures). Ridesharing. The cooperative effort of two or more people traveling together for the purpose of getting to work. Utilization of carpools, vanpools, buspools, taxipools, train and bus and rail transit are all examples of ridesharing. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-42 Definitions R Ridge. A long, narrow, conspicuous elevation of land. Ridge, prominent. A ridge or hill location which is visible from a major arterial, secondary, or collector street, which forms part of the skyline or is seen as a distinct edge against a backdrop of land at least 300 feet horizontally behind it, or is so designated by the Planning Commission or City Council. Runoff. Water that is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. S. Definitions, "S:' The following definitions are in alphabetical order. Schools. Public and private educational institutions, including: ► boarding schools ► business, secretarial, and vocational schools ► community colleges, colleges and universities ► elementary, middle, and junior high schools ► establishments providing courses by mail ► high schools ► military academies ► professional schools (law, medicine, etc.) ► seminaries/religious ministry training facilities Also includes specialized non -degree granting schools offering instruction in: art driver education ► ballet and other dance language ► computers and electronics music ► drama Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Child Day Care Facilities"). Second Hand Stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of antiques is included under "Art, Antique, Collectible and Gift Sales." The sale of cars and other used vehicles is included under "Auto, Mobile Home and Vehicle Sales." Does not include pawn shops. Secondary Residential Units. A second permanent dwelling, or "granny flat" that is accessory to a primary dwelling on the same site. A secondary residential unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. Service Station. A retail business selling gasoline or other motor vehicle fuels, -which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-43 Definitions centerline. Setbacks from private streets are measured from the edge of the easement. See also "Yard." Figure 6-7 (Setbacks) shows the location of front, side, street side, rear, and interior setbacks, cJtleet side setback Buildable Area IRear setback roe _ _ � _ 1 1 1 1 Interior 1 ----------------------------- Figure 6-7 SETBACKS Side setback Front setback Front lot lire Shopping Center. Primarily retail commercial sites with two or more separate businesses sharing common pedestrian and parking areas. A small-scale shopping center: is 55,000 square feet or less in gross floor area; is on a site less than 5 acres in net area; has the majority of its parking located between the public streets and its buildings, and no parking underground or within a parking structure. Significant Ecological Area (SEA). Areas designated by the County of Los Angeles as containing significant biological resources. A portion of the City and Cr majority of its sphere of influence are within the Tonner Canyon/Chino Hills SEA 15, which contains a significant regional riparian woodland complex, supporting a variety of habitats containing representative plant and animal groups. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VL-" Definitions Sign. Any structure, device, figure, painting, display; message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. The following terms related to signs are used in this Development Code. 1. Abandoned sign. Any sign which no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed. 2. Alteration. Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. 3. Animated or moving sign. Any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement. 4. Area of a sign. See "Sign Area." 5. Awning sign. Any sign copy or logo attached to or painted on an awning. 6. Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar non -rigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations. 7. Bench sign. Copy painted on any portion of a bench. 8. Business identification sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification. 9. Cabinet sign (can sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. 10. Changeable copy sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature. 11. Channel letters. Three dimensional individually cut letters or figures, illuminated or unilluminated, affixed to a structure. 12. Civic event sign. A temporary on -site sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, private school, church, fraternal organization, organization, or similar noncommercial organization. 13. Contractor or construction sign. A sign which states the name of the developer and contractors) working on the site and any related engineering, architectural or financial firms involved with the project. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-45 Definitions S 14. Directional sign. An on -site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project. 15. Directory sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center. 16. Double-faced sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes. 17. Electronic reader board sign. A sign with a fixed or changing display/message composed of a series of lights, but not including time and temperature displays. 18. Flashing sign. A sign that contains an intermittent or sequential flashing light source. 19. Future tenant identification sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure. 20. Garage sale sign. A sign with a message advertising the resale of personal property that has been used by the resident. 21. Height of sign. The vertical distance from the uppermost part of the sign used in determining the area of the sign to the elevation of the top of the curb of the public street or the base of the building, whichever is closer to the location of the sign. 22. Holiday decoration sign. Temporary signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message. 23. Illegal sign. A sign which includes any of the following: a. A sign erected without first complying with all regulations in effect at the time of its construction or use; b. A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days; c. A sign that was legally erected that later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and compliance has not been accomplished; d. A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value; e. A sign which is a danger to the public or is unsafe; Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-46 Definitions f. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or g. A sign that pertains to the specific event and five days have elapsed since the occurrence of the event. 24. Institutional sign. A sign used by a nonprofit, religious, or public entity (e.g., church, library, school, hospital, or government building). 25. Internally illuminated sign. A sign that has characters, letters, figures, designs, or outlines and whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign. 26. Logo. A distinctive organization or company signature, trademark, or symbol. 27. Marquee (canopy) sign. A sign which is attached to or otherwise made a part of a permanent roof -like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather. 28. Menu board. A sign depicting the menu of a restaurant or fast-food takeout facility. 29. Monument sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces. 30. Nameplate. A small sign or plaque identifying the name and/or address of the occupant of a structure or business. 31. Nonconforming sign. An advertising structure or sign that was lawfully erected and maintained prior the effective date of this Development Code, but does not now completely comply with the requirements of this Development Code. 32. Off -Site directional sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs. 33. Off -Site sign. Any sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise. 34. Permanent sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. S. Political sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election. 36. Portable sign. A sign that is not permanently affixed to a structure or the ground. Diamond Bar Development Code Article VI - Development Code Definitions July 21,1998 VI47 Definitions S 37. Projecting sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward. 38. Promotional sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale. 39. Real estate sign. A sign cating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs. 40. Roof sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof. 41. Special event sign banner. A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event). 42. Temporary sign. Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property. 43. Translucent. Surface that allows light to shine through, but is diffused to the extent that distinct images cannot be perceived. 44. Vehicle sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property. 45. Wall sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. 46. Window sign. Any sign posted, painted, placed, or affixed in or on any window exposed to public view. Any interior sign which faces any window exposed to public view and is located within three feet of the window Sign area. The entire area within a perimeter defined by not more than eight straight lines joined at right angles that enclose the extreme limits of the sign's lettering, logos, trademarks, or other graphic representations, together with any background trim forming an integral part of the display and used to differentiate the sign from the supporting structure or surface upon which it is placed. Single -Family Dwellings. A building designed for and/or occupied exclusively by one family. Also includes factory -built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-48 Definitions Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Site coverage. The percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles. See Figure 6-8 (Site Coverage). Rol Landscaped area - Building coverage Paving coverage Figure 6-S SITE COVERAGE Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. 1. Average slope. Average slope shall be determined by using the following formula: S = 0.002296 I x L) A Where: S =Average slope of the parcel in percent A =Total number of acres in the parcel L =Length of contour lines in scaled feet I = Vertical distance of contour interval in feet Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-49 Definitions S 2. Man-made slope. A manufactured slope consisting wholly or partially of either cut or filled material. 3. Natural slope. A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. Slope transition. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. Small -Scale Manufacturing. Manufacturing establishments not classified in another major manufacturing group, including: musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous products. Small Family Day Care Homes. See "Child Day Care Facilities." Soil moisture sensing device. A device that measures the amount of water in the soil. Sound level meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters. Stand. A natural grouping of three or more trees. State. The State of California. Stock Cooperative. A development defined by Business and Professions Code 11003.2 aI d Civil Code Section 1351(m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property. Stone and Cut Stone Product Manufacturing. Manufacturing establishments engaged primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments engaged primarily in buying or selling partly finished monuments and tombstones. Storage, Indoor. The storage of various materials entirely within a structure, as the primary use of the structure. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use. Storage, Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use. Storage, Personal Storage Facility (Mini -Storage). A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Diamond Bar Development Code Article VI -Development Code Definitions July 21, 1998 VI-50 Definitions S Story. A horizontal section of a building, with a single continuous or primarily continuous floor, including all rooms on the same floor or level of the building. Street. A public or private thoroughfare, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection. Street line. The boundary between a street right-of-way and property. Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term "structure" includes "buildings." Structure, primary. See "Primary Structure." Structural Clay and Pottery Product Manufacturing. Manufacturing establishments engaged primarily in producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products. Artist/craftsman uses are included in "Cottage Industries," "Handcraft Industries and Small Scale Manufacturing," "Home Occupations." Studios for Art, Dance, Music, Photography, etc.. Facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; and martial arts training studios. Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide land or real property for themself or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of -way. Subdivision includes a condominium project, as defined in Section 950 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-51 Definitions T T. Definitions, "T." The following definitions are in alphabetical order. Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite -based communications. Includes antennas, towers, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard- wired or direct cable connections (see, "Pipelines and Utility Lines"). Telecommuting. A work arrangement for performing work electronically, where employees work at a location other than the primary work location (i.e. at home or in a subordinate office). Teleconferencing. Telephone or video multi-access link for group communication. Teleservices. Automatic information services (i.e. automatic teller machines, telephone information services, telephone banking/transactions, computer mail, computer modem, facsimile). Textile and Leather Product Manufacturing. Manufacturing establishments engaged in performing any of the following operations: ► coating, waterproofing, or otherwise treating fabric ► dying and finishing fiber, yam, fabric, and knit apparel ► manufacture of knit apparel and other finished products from yam ► manufacture of felt goods, lace goods, non -woven fabrics and miscellaneous textiles ► manufacturing of woven fabric, carpets and rugs from yam ► preparation of fiber and subsequent manufacturing of yam, threads, braids, twine cordage ► upholstery manufacturing Theaters. Indoor facilities for public assembly and group entertainment, other than sporting events, including: ► civic theaters, meeting halls and facilities for live' theater and concerts ► exhibition and convention halls ► meeting halls forrent ► motion picture theaters ► public and semi-public auditoriums ► similar public assembly uses Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "Outdoor Recreation." Topping or pollarding. The practice of making large perpendicular cuts on a main trunk or laterals, resulting in a flush of small brittle branches in an unnatural growth pattern. Often used to decrease height of trees. Diamond Bar Development Code Article VI -Development Code Definitions July 2111998 VI-s2 Definitions Traffic Safety Sight Area. A triangular area on a corner parcel formed by measuring 35 feet from the intersection of the front and street side property lines, and connecting the lines across the property. See Figure &9. Front lot line ' 35 ���tt'.yTTT�T:1 Figure 6-9 TRAFFIC SAFETY SIGHT AREA Transit Stations and Terminals. Passenger stations for vehicular, ferry, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc. Transit Stop Shelter. A small-scale covered waiting area for busses, taxis, and rail/mass transit stops. Transportation demand management. The implementation of programs, policies or permit approvals designed to encourage changes in individual travel behavior, including emphasis on alternative travel modes to single occupant vehicle use (i.e. carpools, vanpools and public transit, reduction or elimination of vehicle trips, shifts in peak hour vehicle commuting, etc.). Trees of significant historical or cultural value. A tree that is deemed historically or culturally significant by action of the City Council because of its size or location, association with a particular place, or its status as a local landmark. Trip reduction. Reduction of the number of work related trips taken during peak -hours in single occupant vehicles. Turf. Asingle-bladed grass or sod. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-53 Definitions Cril W. Definitions, "W." The following definitions are in alphabetical order. Warehouse Retail Stores. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may or may not be required to pay membership fees. Warehousing, Wholesaling and Distribution. These facilities include the following. 1. Warehousing. Facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini -storage facilities offered for rent or lease to the general public (see "Storage, Personal Storage Facilities"); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Vehicle and Freight Terminals"). 2. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: agents, merchandise or commodity brokers, and commission merchants assemblers, buyers and associations engaged in the cooperative marketing of farm products merchant wholesalers stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Water efficient irrigation. The scheduling and management of an irrigation system to supply moisture to a landscape without excess or waste in compliance with the landscape/irrigation criteria established in this Chapter. Water efficient landscaping. A landscape that is designed and maintained to function in a healthful and visually pleasing manner in compliance with the standards provided in this Chapter. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants native to hot/dry environments (xeriscape), and hardscape to achieve an overall landscape concept that is water conserving. Weekday. Any day, Monday through Friday, which is not a legal holiday. Wind -sensing device. A device that automatically shuts off the irrigation system during times of heavy wind. X. Definitions, "X." No definitions of terms beginning with the letter "X" are used at this time. Diamond Bar Development Code Article VI -Development Code Definitions July 21,1998 VI-56 Definitions Y Y. Definitions, "Y." The following definitions are in alphabetical order. Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Section 22.16.090 (Setback Measurement and Exceptions) and Figure 6-7 (Setbacks). 1. Front yard. An area extending across the full width of the lot between the front lot line and the required setback. 2. Rear yard. An area extending the full width of the lot between a rear lot line and the required setback. 3. Side yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback. Z. ,Definitions, "Z." The following definitions are in alphabetical order. Zoning district. Any of the residential, commercial, industrial, special-purpose, or combining districts established by Article II of this Development Code (Zoning Districts and Allowable Land Uses), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). Diamond Bar Development Code Article VI -Development Code Definitions July 21If VI-57