HomeMy WebLinkAboutORD 02 (2001)ORDINANCE NO. 02 (2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2001-01
AND AMENDING THE DIAMOND BAR (MUNICIPAL CODE
A. RECITALS.
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. Title 22 of the Diamond Bar Municipal Code contains the Development
Code now currently applicable to the development applications within the City
of Diamond Bar.
3. Administering the Development Code for over two and one-half years
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
Table 2-2, (Page 11-7)
Table 2-4, (Pages II -12)
Table 2-6, (Pages II -21)
Article III
Section 22.42.1-30A., (Page 1)
Section 22.42.130C.1., Subsections a. - dl. (Page 2)
Section 22.42.130D.1. (Page 2)
Section 22.42.130D.1., Subsection a. (Page 2)
Section 22.42.130D.1., Subsection c. (Page 2)
Section 22.42.130D.1., Subsection e. (Page 3)
Section 22.42.130D.1., Subsection j. (Page 3)
Section 22.42.130D.2., Subsection a. (Page 3)
Section 22.42.130D.2., Subsection b. (Page 4)
Section 22.42.130D.2., Subsection d. (Page 4)
Section 22.42.130D.3., Subsection b. (Page 4)
Section 22.42.130D.3., Subsection c. (Page 4)
Section 22.16.090, - C.4. f., (Page III -16)
Table 3-15, (Page III — 189)
Table 3-10 (Page III -96)
Section 22.30.060 - Figure 3-43 (Page III -101)
Section 22.16.050 B., (Page 111-7),
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Section 22.30.070 I. 2. a., (Page III -108)
Section 22.22.120, B. Figure 3-35 (Page III -58)
Section 22.16.090., C.4.e. (Page III -16)
Section 22.34.030.C., (Page III -118)
Section 22.34.040.D., (Page III -119)
Section 22.34.050.C., (Page III -120)
Section 22.34.060.C., (Page III -121)
Article V
Section 22.72.020.6.2. (Page V-21)
Article VI
Section 22.80.020, (Page Vl-16, 26, 43, 49, & 55)
4. The Planning Commission of the City of Diamond Bar on April 10, 2001 and May
22, 2001 conducted duly noticed public hearings with regard to the Development
Code amendments. The Planning Commission concluded the public hearings
on May 22, 2001 and recommended approval of said amendments to the City
Council.
5. Notification of the public hearing for consideration of Development Code
Amendment No. 2001-02 was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers on September 25, 2001. Pursuant to
Planning and Zoning Law Government Code Section 65091 (a)(3), if the number
of property owners to whom a public hearing notice would be mailed is greater
than 1,000, a local agency may provide notice by placing a display advertisement
of at least one -eight page in at least one newspaper of general circulation. The
City placed a one -eight page display advertisement in the above mentioned
newspapers of general circulation. Furthermore, public notices were posted in
10 public places (City Hall/South Coast Air Quality Management District,
Diamond Bar Library, Country Hills Town Center Community Board, Vons/Savon
Community Board, Ralph's shopping center -eleven even Diamond Bar
Boulevard, 21070 Golden Springs Drive (JoAnne Fabrics) 990 Diamond Bar
Boulevard (Oak Tree Lanes), The Country Estates Clubhouse Bulletin Board,
1235 Diamond Bar Boulevard (Albertson's) and Heritage Park on May 2, 2001
6. On October 16, 2001, the City Council of the City of Diamond Bar conducted
a duly noticed public hearing with regard to the Development Code
amendments. At that time, the City Council directed staff to prepare an
ordinance approving the amendments to be presented to the Council on
October 30, 2001 and continued the public hearing. On October 30, 2001,
the public hearing was concluded.
7. Following due consideration of public testimony, staff analysis and the
Planning Commission's recommendation, the City Council finds that the
Development Code amendments set forth herein are consistent with the
General Plan.
8. The City Council hereby finds that there is no substantial evidence that the
Development Code amendments will have a significant effect on the
environment and therefore Negative Declaration No. 2001-02 has been
prepared, pursuant to the requirements of the California Environmental
Quality Act (CEQA) of 1970, as amended, and guidelines promulgated
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thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of
the California Code of Regulations.
' 9. 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 Development Code
amendments 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.
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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:
ZONING CONSISTENCY MATRIX
GENERAL PLAN DESIGNATION
EXISTING ZONING DISTRICTS
APPLICABLE DEVELOPMENT
CODE STANDARDS
Office Professional (OP) Max 1.0 FAR.
Commercial Manufacturing Zone (CM)
Office Professional (OP) or Office
Business Park (OB) additional uses
for Gateway Corporate Center
2. Subsection h.1. of Paragraph CA. contained in Section 22.16.090 — Setback
Regulations and Exceptions, of Article III, Title 22 of the Diamond Bar Municipal
Code is hereby amended to read as follows:
h. Fences and Walls.
1. On a reverse corner lot, setbacks for fences and walls higher than
42 inches and not exceeding six feet in height shall comply with
setbacks as described in Table 2-4. The director may reduce the
required 15 foot setback to a minimum 10 feet for fences and walls
on a reverse corner lot where a clear line of site is maintained for
vehicular and pedestrian traffic.
3. Allowed Uses and Permit Requirements For Commerciallindustrial Zoning
Districts, Table 2-6 contained in Section 22.110.030 of Article II, Title 22 of the
Diamond Bar Municipal Code is hereby amended to read as follows:
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/
INDUSTRIAL ZONING DISTRICTS
RETAIL TRADE USES C-1 C-2 C-3
Second hand stores P P
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4. Paragraph A., contained in Section 22.42.130 - Purpose and Applicability, of
Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to
read as follows:
A. Purpose. The purpose of this section is to establish development standards and
land use controls for the installation and maintenance of radio and television
antennas, including amateur radio station antennas and wireless
telecommunications antenna facilities within specified land use zones of the City.
The standards and controls are intended to insure the design and location of
those antennas and related facilities are consistent with previously adopted
policies of the City, as set forth in the General Plan, to guide the orderly
development of the community, to promote the public health, safety, comfort,
convenience, and general welfare of the City's residents, to protect property
values, and to enhance the aesthetic appearance of the City by maintaining
architectural and structural integrity and by protecting views from obtrusive and
unsightly accessory uses and facilities. As related to health, safety, and
structural integrity, all such facilities shall comply with the structural design
requirements of the current Uniform Building Code. The purpose of compliance
with the Uniform Building Code is to insure that such facilities do not fail in a
seismic event or high winds that traditionally occur in Diamond Bar.
5. Subsections a. -d. of Paragraph C1. contained in Section 22.42.130 — Satellite
Earth Station Antenna Regulation, of Article III, Title 22 of the Diamond Bar
Municipal Code is hereby amended to read as follows:
a. An antenna located in any zoning district that is designed to receive direct
broadcast satellite service, including direct -to -home satellite services, that is
one meter (1 m) [39"] or less in diameter and that is either building -mounted
or if elevated by a mast, shall not extend more than 12 feet above the
roofline without a permit from the Building and Safety Division.
b. An antenna that is designed to receive video programming services and that
is located in any zoning district where commercial or industrial uses are
generally permitted, which antenna is two meters (2m) [6.5'] or less in
diameter and is either building -mounted or, if elevated by a mast, shall not
extend more than 12 feet above the roofline without a permit from the
Building and Safety Division.
C. An antenna located in any zoning district that is designed to receive video
programming services by means of multipoint distribution services, including
multichannel multipoint distribution services, which antenna is one meter
(1 m) [39"] or less in diameter or diagonal measurement and which is either
building -mounted or, if elevated by a mast, shall not extend more than 12
feet above the roofline without a permit from the Building and Safety Division.
d. An antenna located in any zoning district that is designed solely to receive
television broadcast signals, which antenna, whether building -mounted or
ground -mounted, shall not extend more than 12 feet above the roofline
without a permit from the Building and Safety Division.
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6. Paragraph D.1. contained in Section 22.42. 130 Satellite Earth Station Antenna
Development Standards of Article III, Title 22 of the Diamond Bar Municipal
Code is hereby amended to read as follows:
D.1. City-wide Standards. The following development standards apply in all
zoning districts to the siting, construction, and operation of all satellite earth
station antennas, including those that require the issuance of a conditional
use permit and the issuance of a building permit, as provided for in
paragraph E. The Director may modify or waive any standard or requirement
that impairs the installation, maintenance, or use of over -the -air reception
devices.
7. Subsection a. of Paragraph D.1. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
a. The height of a ground -mounted satellite earth station antenna shall not
extend more than 12 feet above the roofline without a permit from the
Building and Safety Division.
8. Subsection c. of Paragraph D.1. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
C. Satellite earth station antennas, whether ground -mounted or building -
mounted, including any guy -wires, masts, and accessory equipment,
should, to the extent feasible, be located and designed so as to mitigate
adverse visual impacts from adjacent properties and from public streets,
which mitigation may involve screening by means of landscaping or the
addition of new architectural elements that are compatible with the
designed of adjacent buildings. Satellite earth station antennas shall be
located in rear yards or side yards not visible or screened from view from
adjacent properties and/or public right-of-way where such placement does
not impair an antenna's reception. The Director may modify any
requirement in this section if the antenna reception is impaired.
9. Subsection e. of Paragraph D.1. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby deleted and subsections f., g., h., i., j., and k. shall
be re -lettered as e., f., g., h., i. and j.:
10. Subsection j. of Paragraph D.1., contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article 111, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
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All connectors on a satellite earth station antenna, and on any mast to be
used for elevation, must be capable of sustaining a wind loads of at least
20 pounds per square foot. Due to the fact that Diamond Bar is located in
an area traditionally subject to high winds, all structures including satellite
earth station antenna shall be required to withstand an 80 mile per hour
wind load.
11. Subsection a. of Paragraph D'.2. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
a. The height of the roof -mounted satellite earth station antenna shall not
extend more than twelve (12) feet above the roofline without a permit from
the Building and Safety Division.
12. Subsection b. of Paragraph D.2. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
b. The height of a ground -mounted satellite earth station antenna shall not
extend more than twelve (12) feet above the roofline without a permit from
the Building and Safety Division.
13. Subsection d. of Paragraph D.2. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby deleted.
14. Subsection b. of Paragraph D.3. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article 111, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
A satellite earth station antenna that is ground -mounted shall be located within
the side or rear yard and at least five feet from any property line. If locating a
ground -mounted satellite earth station antenna within the side or rear yard and
at least five feet from any property line precludes the reception of acceptable
quality signal, unreasonably delays installation, or unreasonably adds cost to the
installation, the Director may modify this setback requirement.
15. Subsection c. of Paragraph D.3. contained in Section 22.42.130 - Satellite Earth
Station Antenna Development Standards of Article III, Title 22 of the Diamond
Bar Municipal Code is hereby amended to read as follows:
C. The height of a ground -mounted satellite earth station antenna shall not
extend more than twelve (12) feet above the roofline without a permit from
the Building and Safety Division.
16. 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:
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REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES
Single -Family Detached Homes
Accessory Structure
Type of Setback
Required Setback
Garage, workshop
Sides, rear
As required for main structure.
1 space for each 200 sq. ft. of gross floor area and 1 space for
Street side
As required for main structure.
Swimming pool, spa, the fish pond, outdoor
Sides, rear3
5 feet.
play equipment, fountains, decorative pools
Street side
As required for main structure.
Stationary barbecue, fire pit, propane tank
Sides, rear3
3 feet.
Street side
As required for main structure.
Detached patio cover, gazebo, greenhouse,
Sides, rear
5 feet from property line or
storage shed
buildable pad line, whichever is
applicable.
Street side
As required for main structure.
Air-conditioning equipment,
Sides, rear3
42 inches.
pool and spa equipment
Street side
As required for main structure.
Multi -Family, Attached Detached Homes
Garage, gazebo, green house, patio cover,
Sides, street side
As required for main structure.
storage shed, workshop
Rear3
As required for main structure.
Swimming pool, spa, the fish pond, outdoor
Front
10 feet.
play equipment, fountains, decorative pools
Sides
5 feet.
Street side
10 feet.
Rear3
5 feet.
Stationary barbecue, fire pit, propane tank
Front
10 feet.
Side
5 feet.
Street side
10 feet.
Rear3
5 feet.
17. Parking Requirements By Land Use, Table 3-10 contained in Article III, Title 22 of
the Diamond Bar Municipal Code is hereby amended to read as follows:
PARKING REQUIREMENTS BY LAND USE
Land Use Type:
Vehicle Spaces Required
Recreation, Education, Public Assembly
Continued
Studios and non -degree schools
1 space for each 200 sq. ft. of gross floor area and 1 space for
each employee
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18. Figure 3-43 of contained in Section 22.30.060 - DISABLED/HANDICAPPED
PARKING REQUIREMENTS of Article 111, Title 22 of the Diamond Bar Municipal
Code is hereby amended by adding an eight foot van loading and unloading area
to the graphic.
19. Paragraph B contained in Section 22.16.050 Exterior Lighting of Article III, Title
22 of the Diamond Bar Municipal Code is hereby amended to read as follows:
B. Intensity. Parking areas shall be provided with lighting capable of
providing adequate illumination for nighttime security and safety. Lighting,
as set forth in the lighting or electrical plan, shall provide a minimum one
footcandle of illumination at the ground throughout the parking area and
all associated walkways, plazas and courts. Building -mounted decorative
lights shall not exceed five footcandles measured five feet from the light
source.
20. Figure 3-35 of contained in Section 22.22.120.13- Architecture Guidelines of Article
III, Title 22 of the Diamond Bar Municipal Code is hereby amended by deleting the
word "Average" from the graphic.
21. Subsection e. of Paragraph C.4.contained in Section 22.16.090 - Setback
Regulations and Exceptions/Drives, Walkways, and Decks of Article III, Title 22
of the Diamond Bar Municipal Code is hereby amended to read as follows:
e. Drives, walkways, and decks. Driveways, walkways, patio slabs, and
wooden decks shall be allowed in required setbacks provided they did not
exceed one foot above finished grade. This provision shall not exclude
the use of steps providing access between areas of different elevations on
the same property.
1) A deck shall not extend more than six feet over the top of slope,
nor more than three feet above the slope at any point. A deck shall
maintain a minimum side and rear setback of five feet from the
property line or buildable pad's edge, whichever is applicable and a
street side setback as required for the main structure setback.
22. Paragraph C. contained in Section 22.34.030.- Property Maintenance Standards,
of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read
as follows:
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. When re -roofing a structure, the entire roof
shall be completed. All re -roofing shall be uniform in material and color or
match existing except as approved by the Director in cases of emergency.
Graffiti shall be removed within 72 hours by the owner/occupants of the
structure.
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23. Paragraph D. contained in Section 22.34.040.- Multi -family Standards, of Article
III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as
follows:
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. When re -roofing a structure, the entire roof
shall be completed. All re -roofing shall be uniform in material and color or
match existing except as approved by the Director in cases of emergency.
Graffiti shall be removed within 72 hours by the owner/occupants of the
structure.
24. Paragraph C. contained in Section 22.34.050.- Commercial Standards, of Article
III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as
follows:
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. When ire -roofing a structure, the entire roof
shall be completed. All re -roofing shall be uniform in material and color or
' match existing except as approved by the Director in cases of emergency.
Graffiti shall be removed within 72 hours by the owner/occupants of the
structure.
25. Paragraph C. contained in Section 22.34.060.- Industrial Standards, of Article III,
Title -22 of the Diamond Bar Municipal Code is hereby amended to read -as
follows:
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. When ire -roofing a structure, the entire roof
shall be completed. All re -roofing shall be uniform in material and color or
match existing except as approved by the Director in cases of emergency.
Graffiti shall be removed within 72 hours by the owner/occupants of the
structure.
26. Subsection a. of Paragraph B.2. contained in Section 22.72.020., Notice of
Hearing/Method of Notice Distribution, of Article V, Title 22 of the Diamond Bar
Municipal Code is hereby amended to read as follows:
B. Method of notice distribution.
2. Notice shall be posted, at least ten days before the hearing, in the
following manner:
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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, maintenance and removal of the
display board. The display board shall be removed no later
than three days after the date of the scheduled public
hearing has concluded.
27. The definition of "Deck" in Paragraph "D" contained in Section 22.80.020.,
Definitions, of Article VI, Title 22 of the Diamond Bar Municipal Code is hereby
amended to read as follows by adding:
Deck. A porch or platform which projects more than two feet from an adjacent
structure or is freestanding and at least two feet wide that is fully unroofed
and unenclosed.
28. The definition of "Inoperative Vehicle " in Paragraph "I" contained in Section
22.80.020., Definitions, of Article VI, Title 22 of the Diamond Bar Municipal Code
is hereby amended to read as follows by adding:
Inoperative Vehicle. A vehicle (including, but not limited to cars, boats, trucks,
recreational vehicles, etc.) not legally able to be operated on a
public highway and in an obvious state of disrepair (i.e. flat tire,
mechanical parts missing, interior used as a storage area, etc.).
29. The definition of "Schools" in Paragraph "S" contained in Section 22.80.020.,
Definitions, of Article VI, Title 22 of the Diamond Bar Municipal Code is hereby
amended to read as follows by adding:
➢ art
➢
drivers education
➢ ballet and other dance
➢
language
➢ computers and electronics
➢
music
➢ drama
➢
science
➢ math
30. The definition of "Site Coverage in Paragraph "S" contained in Section
22.80.020., Definitions, of Article VI, Title 22 of the Diamond Bar Municipal Code
is hereby amended to read as follows by adding:
Site coverage. The percentage of total site area occupied by structures, and
paving for vehicle use. Structures/building coverage includes
the primary structure, all accessory structures (e.g., carports,
garages, patio covers, sheds, trash dumpster enclosures, etc.)
except tennis courts and pools/spas and architectural features
(e.g., chimneys, balconies, decks above the first floor, porches, ---
stairs, etc.). Structures/building coverage is measured from
exterior wall to exterior wall. Pavement for vehicle use shall
include areas necessary for ingress, egress, outdoor parking,
and circulation of motor vehicle. A maximum 400 square feet of
driveway shall be counted toward the lot coverage where
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driveways where larger then 400, square feet. See Figures 6-8
(Site Coverage).
' 31. The definition of "Veterinary Clinics and Animal Hospitals " in Paragraph "V"
contained in Section 22.80.020., Definitions, of Article VI, Title 22 of the
Diamond Bar Municipal Code is hereby amended to read as follows by adding:
Veterinary Clinics and Animal Hospitals.
Office and indoor medical treatment facilities used by
veterinarians, including large and small animals veterinary
clinics, and animal hospitals as well as the boarding of
large and small animals as an ancillary use.
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER
2001, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Obert uff
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 16th day of October , 2001 and was finally passed at a regular meeting
of the City Council of :the City of Diamond. Bar held on the 6th day of November_,
2001, by the followingrv-ote:
AYES: COUNCIL MEMBERS: Ansari, Chang, O'Connor,
MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
(�E'yn1a'
Burge s, City Clerk
�;ity of Diamond Bar
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