The URL can be used to link to this page

Home My WebLink AboutORD 06 (2002)ORDINANCE NO. 6 (2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2002- 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 almost four 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 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, Table 2-5 and Table 2-6; Article III Section 22.42.035, Computer Services/Network Gaming Centers; Article VI Section 22.80.020 Definitions of Specialized Terms and Phrases, Definitions, „CH; 4. The Planning Commission of the City of Diamond Bar on March 12, 2002 conducted a duly noticed public hearing with regard to the Development Code amendment. The Planning Commission concluded the public hearing on March 12, 2002 and recommended approval of said amendment 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 Inland Valley Daily Bulletin newspapers on April 5, 2002. 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 1 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 April 4, 2002. 6. On April 16, 2002, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. 7. Following due consideration of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code amendment set,forth herein is consistent with the General Plan. 8. The City Council hereby finds that there is no substantial evidence that the Development Code Amendment will have a significant effect on the environment. Therefore, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. 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: E Ej 1 1. TABLE 2-5, ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS contained in Section 22.10.030, of Article II, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE 1 PERMIT REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND OP OB CO PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Community/cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services/Network Gaming Centers CUP 22.42.035 Indoor amusementlentertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP I CUP CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP I CUP CUP 3 2. TABLE 2-6, ALLOWED USES AND PERMIT REQUIREMENTS FOR COMM ERCIAL/INDUSTRIAL ZONING DISTRICTS contained in Section 22.10.030, of Article II, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE (1) PERMIT REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 = ASSEMBLY USES Adult oriented businesses P 22.42.020 Community/cultural centers CUP Computer Services/Network Gaming Centers CUP I CUP 22.42.35 Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP I CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P P Schools -specialized education and training P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls I I CUP I CUP 3. Paragraph A, Subsection 1. a. through r. and Subsection 2. contained in Section 22.42.035, Computer Services/Network Gaming Centers of Article III, Title 22 of the Diamond Bar Municipal Code is hereby added to read as follows: Section 22.42.035, Computer Services/Network Gaming Centers A. Standards for Computer Services/Network Gaming Centers. The following standards shall apply. 1. Conditional Use Permit required. Permit processing for computer services/network gaming centers shall be subject to the following: 4 a. Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines plus one security guard for each 20 machines; (Additional attendants and/or security surveillance or guards may be required if it is deemed necessary by ' the Los Angeles County Sheriff's Department or the Planning Commission.) b. Computers shall be available for use only between 10:00 a.m. and 12:00 midnight on Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday; C. Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m. unless accompanied by a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance of Certificate of Occupancy, if required by the City or the County of Los Angeles; f. Shall provide a waiting area with seating equal to one seat for every four computer stations; and no waiting list shall be maintained beyond the seating capacity of the waiting area; ' g. There shall be no loitering around any computer services/network gaming center; business owner shall be responsible for posting "No Loitering" and curfew signs in front of the business; h. Each computer services/network gaming center shall provide at least one toilet and lavatory facility accessible to customers and employees; Shall provide one parking space for every 35 square feet of gross floor area devoted to computer stations; j. Shall provide one parking space for every seat in the waiting area; k. Shall provide bicycle parking adjacent to the premises; Floor plan shall be designed in a manner that places the attendant or supervisor on duty in a position to see all computer screens; M. Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; n. Entrance doors shall be equipped with an automatic self-closing system; 5 o. Alcohol consumption shall be prohibited; p. Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult websites; q. Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City; and A computer services/network gaming center shall not be operated in a detrimental manner (i.e. loitering, creating excessive noise, etc.) to adjoining businesses and the community. Procedures for revocation or modification of the Conditional Use Permit shall be as established by Article V, Chapter 22.76, Revocations and Modifications. 2. Amortization. All computer services/network gaming center businesses in existence on the date of adoption of this Ordinance shall be in full compliance with the provisions of Section 22.42.035 within six months from the effective date of this Ordinance. 6. Paragraph "C" 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: Computer Services/Network Gaming Center. A business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high-speed computers available to patrons for a fee. This type of business establishment also allows patrons to browse the Internet, check e-mail and download files. (See Section 22.42.035) PASSED, APPROVED AND ADOPTED THIS 7 TH DAY OF MAY 2002, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: r 't C Wen P. Chang, MAY 1 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 AAgril, 2002 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of Maw 2002, 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 VA Lynda Burgess, City Clerk City of Diamond Bar