HomeMy WebLinkAboutORD 02 (2000)ORDINANCE NO. 02 (2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 99-1 AND
SUBDIVISION ORDINANCE AMENDMENT NO. 99-1 AND THEREBY
AMENDING THE DIAMOND BAR MUNICIPAL CODE
A.RECITALS.
1 On July 25, 1995, the City of Diamond Bar adopted its
General Plan. The General Plan establishes goals,
objectives and strategies to implement the community's
vision for its future.
2. On November 3, 1998, the City of Diamond Bar adopted a
Development Code; and on February 3, 1999, the City of
Diamond Bar adopted a Subdivision Ordinance. Title 22 of
the Diamond Bar Municipal Code contains the Development
Code; and Title 21 of the Diamond Bar Municipal Code
contains the Subdivision Ordinance now currently
applicable to the development and subdivision
applications within the City of Diamond Bar.
3. Administering the Development Code for one year has
demonstrated that certain clarifications and modifications
are needed based on the City's experience. The City of
Diamond Bar has determined that the following existing
standards within the Development Code require clarification
and/or modification:
Article II, Sections 22.06.040 -Table 2-2, 22.08.240 -Table 2-
4 and 22.10.030- Tables 2-5 and 2-6;
Article III, Sections 22.42.110 -Table 3-15 and 22.42.060-
B.6. and B.10.;
Article IV, Section 22.44.020, Table 4-1; and
- Article V, Section 22.68.030.
4. Administering the Subdivision Ordinance for one year has
demonstrated that certain clarifications and modifications
are needed based on the City's experience. The City of
Diamond Bar has determined that the following existing
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standards within the Subdivision Ordinance require
clarification and/or modification:
Article 1, Section 22.01.040-A.; and
Article II, Section 22.20.110-A..
5. The Planning Commission of the City of Diamond Bar on
December 14, 1999, January 11, 2000 and January 25, 2000
conducted duly noticed public hearings with regard to the
Development Code and Subdivision Ordinance amendments. The
Planning Commission concluded the public hearings on January
21, 2000 and recommended approval of said amendments to the
City Council.
6. Notification of the public hearing for this Application
was provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on February 15, 2000,
pursuant to Planning and Zoning Law Government Code
Section 65091 (a) (3) requiring at least a one -eight page
display advertisement in at least one newspaper of
general circulation. Furthermore, public notices were
posted in five public places (City Hall, South Coast Air
Quality Management District, Diamond Bar Library, Country
Hill Town Center Community Board and Vons/Sav-On
Community Board) on February 14, 2000.
7. On March 7, 2000, the City Council of the City of Diamond
Bar conducted a duly noticed public hearing with regard
to the Development Code and Subdivision Ordinance
amendments. At that time, the City Council directed
staff to prepare an ordinance approving the amendments to
be presented, to the Council on March 21, 2000 and
continued the public hearing. On March 21, 2000, the
public hearing was concluded.
8. Following due consideration of public testimony, staff
analysis and the Planning Commission's recommendation,
the City Council finds that the Development Code and
Subdivision Ordinance amendments set forth herein are
consistent with the General Plan.
9. The City Council hereby finds that there is no
substantial evidence that the Development Code and
Subdivision Ordinance amendments will have a significant
effect on the environment and therefore Negative
Declaration No. 99-9 has been prepared, pursuant to the
requirements of the California Environmental Quality Act
(CEQA) of 1970, as amended, and guidelines promulgated
thereunder, pursuant to Section 15070 of Article 19 of
Chapter 3, Title 14 of the California Code of
Regulations.
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10. The City Council hereby specifically finds and determines
that, having considered the record as a whole, including
the finding set forth below, there is no evidence before
this City Council that the Subdivision Ordinance proposed
herein will have the potential of an adverse effect on
the 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.
B.Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond Bar
does hereby ordain as follows:
1. Zoning Consistency Matrix, Table 2-2 contained in Section
22.06.040 of Article II, Title 22 of the Diamond Bar
Municipal Code is hereby amended to read as follows:
GENERAL PLAN DESIGNATION
EXISTING ZONING DISTRICT
APPLICABLE DEVELOPMENT
CODE STANDARD
Rural Residential (RR)
R-1 40,000
Rural Residential (RR)
Max 1 DU/AC
R-1 20,000
Setbacks Required
Low Density Residential
RPD 20,000
Low Density Residential
(RL) Max 3 DU/AC
R-1 15,000
20 ft. from the 20 ft. property
R-1 10,000
property line or jline or buildable
RPD 10,000
buildable pad on a ,pad on a
R -A 10,000
descending slope descending slope
R-1 9,000
whichever is whichever is
R-1 8,500
applicable applicable
Lot Coverage
PA -2 / SP
30 percent 30 percent
2. Residential Zoning District General Development Standards,
Table2-4 contained in Section 22.08.240 of Article II, Title
22 of the Diamond Bar Municipal Code is hereby amended to
read as follows:
Development
RR
RL
RLM
Feature
Setbacks Required
Rear
25 ft. from the
20 ft. from the 20 ft. property
property line or
property line or jline or buildable
buildable pad on a
buildable pad on a ,pad on a
descending slope
descending slope descending slope
whichever is
whichever is whichever is
applicable
applicable applicable
Lot Coverage
30 percent
30 percent 30 percent
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3. Allowed Uses and Permit Requirements For Office Zoning
Districts, Table 2-5 contained in Section 22.10.030 of
Article II, Title 22 of the Diamond Bar Municipal Code is
hereby amended to read as follows:
LAND USE
PERMIT REQUIREMENT BY DISTRICT
OP OB co
P.ETAIL TRADE USES
Alcohol beverage
sales -
off-site (5)
P
P
P
Alcohol beverage
conjunction with
sales -
the sale
off-site - in
of motor fuel (5)
CUP
CUP
CUP
Alcohol beverage
sales -
on-site
MCUP
MCUP
MCUP
Service stations
P
P
P
4. Allowed Uses and Permit Requirements for Office Zoning
Districts, Table 2-6 contained in Section 22.10.030 of
Article II, Title 22 of the Diamond Bar Municipal Code is
hereby amended to read as follows:
LAND USE
PERMIT REQUIREMENT BY DISTRICT
C-1 C-2 C-3
RETAIL TRADE USES
Alcohol beverage sales - off-site (3)
P
P
P
Alcohol beverage sales - off-site - in
conjunction with the sale of motor fuel (3)
CUP
CUP
CUP
Alcohol beverage sales - on-site
MCUP
MCUP
MCUP
Service stations
P
P
P
5. Required Setbacks -Accessory Uses and Structures, Table 3-15
contained in Section 22.42.110 of Article III, Title 22 of
the Diamond Bar Municipal Code is hereby amended to read as
follows:
Single -Family Detached Homes
Accessory Structure
Type of Setback
Required Setback
Swimming pool, spa, fish pond,
Sides, rear
5 ft.
outdoor play equipment
Street side
As required by
the main
structure
6. Paragraph B.6. contained in Section 22.42.060 of Article
III, Title 22 of the Diamond Bar Municipal Code is hereby
amended to read as follows:
Guest Houses
B.6. Size and permit requirements. The Director may approve
a guest house of 500 square feet of gross floor area. Guest
houses in excess of 501 square feet and not exceeding 1,200
square feet or up to 25 percent of the main dwelling's
square footage, whichever is less, may be approved by a
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Minor Conditional Use Permit in compliance with Chapter
22.56 (Minor Conditional Use Permit).
7. Paragraph B.10. contained in Section 22.42.060 of Article
III, Title 22 of the Diamond Bar Municipal Code is hereby
amended to read as follows:
B.10. Parcel coverage. The guest house, along with the main
dwelling and any other accessory structures, shall not
exceed an overall parcel coverage of 30 percent.
8. Authority for Land Use and Zoning Decisions, Table 4-1
contained in Section 22.424.020 of Article IV, Title 22 of
the Diamond Bar Municipal Code is hereby amended to read as
t follows:
Type of Permit or Decision
Director
Hearing
Officer
Planning
Commission
City
Council
Comprehensive Sign Program
Final
Appeal
9. Paragraph B. contained in Section 22.68.030 of Article V,
Title 22 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
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 Permit). 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 (Finding and Decisions).
In the case of residential dwelling units, the Director may
approve the following if:
1. An addition or improvement is less than 50 percent of
the existing square footage of all structures on site
and lot coverage does not exceed 30 percent as listed
in Table 2-4;
2. An addition or improvement conforms to all other
applicable provisions of this Development Code; and
3. The exterior limits of new construction do not exceed
the applicable height limit or encroach further into
the setbacks than the comparable portion of the
- existing structure (follow the development line of the
existing structure); however, if the existing side yard
setback is less than five feet, the exterior limits of
new construction shall maintain a minimum five-foot
side yard setback.
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10. Paragraph A. contained in Section 21.01.040 of Article I,
Title 21 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
Applicability
A. Subdivision approval required. All subdivisions within
the City shall be authorized through the approval of a
map or other entitlement in compliance with Chapter
21.03 (Subdivision Map Approval Requirements), and all
other applicable provisions of this Title. All
subdivision applications shall follow the same process
as a Development Code Amendment.
11. Paragraph A. contained in Section 22.20.110 of Article II,
Title 21 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
Changes to Approved Tentative Map or Conditions
A. Limitation on allowed changes. Changes to a Tentative
Map that may be requested by a subdivider in compliance
with this Section include major adjustments to the
location of proposed lot lines and improvements, and
reductions in the number of approved lots (but no _
increase in the number of approved lots), and any
changes to the conditions of approval, consistent with
the findings required by Subsection D. of this Section.
The City Engineer, except as otherwise provided by
this Section may approve said changes to a Tentative
Map. Other changes shall require the filing and
processing of a new Tentative Map.
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF APRIL 2000,
BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
MAYOR
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I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Ordinance was introduced at a regular
meeting of the City Council of the City of Diamond Bar held on the
21st day of March , 2000 and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the
4th day of _April , 2000, by the following vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Huff,
MPT/Ansari, M/O'Connor
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Lynda Burg ss, City Clerk
City of Diamond Bar
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