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Home My WebLink AboutORD 04 (2001)IORDINANCE NO. 4 (2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2001- 03 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 almost three 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 Section 22.08.240, Table 2-4, Residential District General Development Standards; Article III Section 22.34.030.D., Single-family Standards; Section 22.34.040.E., Multi -family Standards; Section 22.42.060.B.10., Parcel coverage; Article V Section 22.68.030. B. 1., Changes to, or expansion of, a structure; and Article VI Section 22.80.020. Definitions — "S" definition of site coverage. 4. The Planning Commission of the City of Diamond Bar on October 23, 2001 conducted duly noticed public hearings with regard to the Development Code amendments. The Planning Commission concluded the public hearings on ' October 23, 2001 and recommended approval of said amendments to the City Council. 5. Notification of the public hearing for consideration of Development Code Amendment No. 2001-03 was provided in the San Gabriel Valley Tribune and 1 Inland Valley Daily Bulletin newspapers on October 30, 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 nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav- On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on October 29, 2001. 6. On November 20, 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 December 4, 2001 and continued the public hearing. On December 4, 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. 2001-04 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. 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. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1, Paragraph D. contained in Section 22.34.030, Property Maintenance Standards, Single-family Standards, Landscape maintenance of Article 111, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: 2 D. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintain in a neat and orderly manner and substantially 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, and pruned and adequately watered so as to maintain healthy growing condition so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. 2. Paragraph E. contained in Section 22.34. 040, Property Maintenance Standards, Multi -family Standards, Landscape maintenance of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: E. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, 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, and pruned adequately watered so as to maintain healthy growing condition so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. 3. Residential Zoning District General Development Standards, Table 2-4 contained in Section 22.08.240, of Article II, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: Requirements by Zoning District j_De-v_elopment Feature RR_ RL RLM Setbacks Required Lot Coverage 30 percent 40 percent 40 percent 4. Subsection 10., Paragraph B. contained in Section 22.42.060, Guest Houses, Parcel Coverage of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: 10. Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of the 40 percent. 5. Subsection 1., Paragraph B. contained in Section 22.68.030, Restrictions on Nonconforming Structures, Changes to, or expansion of, a structure of Article III, ' Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: 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 40 percent as listed in Table 2-4; 6. Paragraph "S" contained in Section 22.80.020., Definitions of Specialized Terms and Phrases of Article VI, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: Site coverage. The percentage of total site area occupied by structures. 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. See Figures 6-8 (Site Coverage). PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER 2001, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: MAYOR C/ 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 November , 2001 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of December 2001, by the following vote: AYES: COUNCIL MEMBERS: Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Lynda Burgess, City Clerk City of Diamond Bar N