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HomeMy WebLinkAboutORD 07 (2003)1 1 ORDINANCE NO. 07 (2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2003-02 PERTAINING TO CHAPTER 22.10 — PERMIT PROCESS FOR PSYCHIC READERS, CHAPTER 22.44 — DELETING THE PLANNED SIGN PROGRAM PROCESS, CHAPTER 22.46 — ZONING CLEARANCE, CHAPTER 22.47 — PLOT PLAN REVIEW, CHAPTER 22.48 — DEVELOPMENT REVIEW AND CHAPTER 22.80 — DEFINITIONS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. A. RECITALS. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The eneral 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 of the Diamond Bar Municipal Code contains the Development Code applicable to the development applications within the City of Diamond Bar. 3. Administering the Development Code for almost five years demonstrated clarifications and modifications are needed based on the City's experience. Diamond Bar has determined that the following existing standards Development Code require clarification and/or modification: ARTICLE II Cha ter 22.10. -- Commercial/Industrial zoning. Section 22.10.030._ Tghlp 9-F; — allnwori Ila a11u 1 aulG -o — mmea uses ana rermit Re ui Commercial/Industrial Zoning Districts: Amendment relates to changinc process for psychic readers from a Conditional Use Permit to staff review this use in the specified zones by right. ARTICLE IV ❑ Cha ter 22.44. — Applications, Processing and Fees. ❑ Sections 22.44.020., Table 4-1 — Auth-ority for Land Use and Zc Amendment relates to adding an existing City permit process to deleting a permit process no longer utilized. ❑ Cha ter 22.46. — Zoning Clearances. ❑ Section 22.46.020. — Zonina Clearances — A licabilit : Amend further clarifying an existing City permit process. ❑ Cha ter22.47. —Plot Plan Review. Ord. 7(2003) e. Title 22 V currently that certain The City of within the the permit id allowing le 4-1, and relates to ❑ Sections 22.47.010. and 22.47.020 — Plot Plan Review — Purpose and A licabilit : Amendment relates to adding and clarifying an existing City permit process. ❑ Chapter 22.48. — Development Review. ❑ Section 22.48.020. — Develo went Review — Applicability: Amendment relates to further clarifying an existing City permit process. ARTICLE VI ❑ Chanter 22.80. — Definitions ❑ Section 22.80.020. — Definition of Specialized Terms and Phrases: Amendment relates to modifying the definition of an "Inoperable Vehicle" and "Psychic Readers". 4. Notification of the public hearing for consideration of Development Code Amendment No. 2003-02 was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 5, 2003. 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 November 4, 2003. 5. On November 18, 2003, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing with regard to the Development Code Amendment. 6. Fallowing 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 Pian. 7. 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. 1 1 1 8. The City Council hereby specifically finds and determines that, having c record as a whole, including the finding set forth below, there is no evider City Council that the Development Code amendments proposed herein potential of an adverse effect on the wildlife resources or the habitat ul wildlife depends. Based upon substantial evidence, this City Council her( presumption of adverse effects contained in Section 753.5 (d) of Ti California Code of Regulations. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does follows: �idered the before this I have the which the rebuts the 14 of the ordain as ❑ %,)eciion 22.10.030. Table 2-5 and Table 2-6 Commercial/industrial District La d Uses and Permit Re uirements Setback re ulations and exce tions of Article II, Title 22 f the City of Diamond Bar Municipal Code is here amended by inserting the following land use to read as follows: TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICT Permit Re uirement B District Land Use See Standard in OP OB CO Section: chic Reader P P P TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMM ERCIALIINDUSTRIAL ZONING DISTRICTS rermit tie uirement B District Land Use See Standards in C-1 C-2 C-3 ! Section: Psychic Reader P P P p ❑ Section 22.44.020., Table 4-1 Authority for Land Use and Zoning Decisions of Article IV, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: TABLE 4-1 REVIEW AUTHORITY Hearing Planning City Type of Permit Decision Director Officer Commission Counc Adult-oriented business/entertainer permit Final Anon, A. Ord. 7(2003) Animal Permit Administrative De Com rehensive S Conditional Use F Develo ment A r Develo ment Ca Develo ment Rei General Plan Am Inter retation Minor Conditiona Minor Variance Plot Plan Review Sign Permits Specific Plans Tempo ry Use F Tree Permit Variances Zoning Clearanc Zoning MaD AmE ❑ Section 22.4 .020. Zoning Clearance A licabilit of Article IV, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Required. A zoning clearance shall be required prior to the issuance of the building, grading, or other construction permit, or other authorization required by__.. the Municipal Code or this development code for the proposed use. Zoning clearances shall also be required for additions of 300 square feet or less, accessory structures, fences, walls and other similar structures/improvements. 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. ❑ Section 22.47.010. Plot PlanReview inserted to read Article foVoNTTitle 22 of the City of is here b Diamond Bar Municipal Code Y A Plot Plan Review is a ministerial process used by the department to review residential, commercial, industrial institutional development determine re er the proposed use and/olo development aliowed�the subject zoning district complies with the applicable development standards. ❑ Section 22.47.020. Plot Plan Review. Applicability. of Article IV, Title 22 of the City of Diamond Bar Municipal Code is here by inserted to read as follows: (a) Required. A Plot Plan Review 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. A Plot Plan Review shall also be required for additions of 301 square feet or larger and less than 50 percent of the existing habitable floor area walls) decks ternantreimprovement, in and similar sal zoning districts, retaining , 7 r� 1 structures/improvements. Where no other authorization is required, a request for Plot Plan Review shall be approved by the departmeni before the commencement of any business or land use activity. (b) Development code compliance. The department shall issue a Plot Plan Review after determining that the request complies with all of the applica le standards and provisions for the category of use in the zoning district of the subject parcel and in full compliance with this development code. o Section 22.48.020. Develo ment Review. ApDlicability of Article IV, Title 2 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Development review. An application for development review is required for commercial, industrial, and institutional development, and residential projects that propose one or more single-family dwelling units (detached or attached) and that involve the issuance of a building permit for construction or recon truction of a structure(s) meeting the following criteria: (1) New construction on a vacant lot and new structures, additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on site ar greater, or have 5,001 square feet or more of combined gross floor area in any commercial, industrial and institutional development; or (2) Projects involving a substantial change or intensification of lad use (e.g., the conversion of existing structure to a restaurant, or the conversion a residential structure to an office or commercial use); (3) Residential, commercial, industrial or institutional projects probosed upon a descending slope abutting a public street. ff (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 development that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review: (1) Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or (2) Projects that do not meet the specific criteria identified in section 22.48.020(a), above. ❑ Para rah "I" contained in Section 22.80.020. Definition of Specialized Phrases of Article VI, Title 22 of the City of Diamond Bar Municipal Code amended by deleting the following existing definition for "Inoperable vehicle ": Ord. 7(2003) is here by Inoperable 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/or in an obvious state of disrepair (Le. flat tire, mechanical parts missing, interior used as a storage area, etc.). ❑ Para rah "P" contained in Section 22.80.Q20. Definition of Specialized Terms and Phrases of Article VI, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the existing definition for "Psychic reader" and inserting the following definition for "Psychic reader ": Commercial services that involve the practicing or carrying on of any art, profession or business which shall include, but not limited to, psychic advisors, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, for or without consideration or compensation of any kind. ❑ Para rah "V" contained in Section 22.80.020.. Definition of Specialized Terms and Phrases of Article VI, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting the following definition for "Vehicle ": Vehicle. In accordance with the California Vehicle Code, a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device-'' moved exclusively by human power or used exclusively upon stationary rails or tracks. Abandoned vehicle. A vehicle is abandoned if the owner has intentionally and permanently relinquished title to, or control or possession of the vehicle. A vehicle is also abandoned when it is left unattended on any private real property without the consent of the owner, lessee or processor of said real property, or any agent thereof. Factors that may be considered for determining abandonment include, but are not limited to, the vehicle's location and condition, period of time it remains in a location, whether the vehicle has a current record of valid ownership or registration with the California Department of Motor Vehicles, absence of a license plate number or a vehicle identification number, ability of a governmental agency to identify or successfully contact a registered owner, as well as the failure of any last known registered owner to respond in a timely manner to any notice from a governmental agency of abandonment or a violation of law involving said vehicle. Inoperative, wrecked or dismantled vehicle. A vehicle is inoperative, wrecked, or dismantled if it is mechanically incapable of being driven upon a highway. Factors that may be considered in determining whether a vehicle is mechanically incapable of being driven upon a highway include, but are not limited to, the vehicle's location and condition, period of time it remains in a location, whether ----- the vehicle has a current record of valid ownership or registration with the California Department of Motor Vehicles, absence of a license plate number or a 1 1 vehicle identification number, whether the vehicle has damaged, fault or missing components, such as the engine, battery, transmission, tires, wh els, hood, mirrors, lights, windows or windshields. PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF DECEMBER 2003, BY THE rITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera 'M I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoin Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18'x' day of November, 2003, was finally passed at a regular meeting of the City Counc it of the City of Diamond Bar held on the 2"d day of December, 2003, by the following vote: AYES: NOES: COUNCIL MEMBERS: Chang, O'Connor, zirbes, MPT/Huff, M/Terrera COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Lynda Burgess, `pity Clerk Ord. 7(2003)