HomeMy WebLinkAboutORD 06 (2003)ORDINANCE NO. 06 (2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADOPTING DEVELOPMENT CODE
AMENDMENT NO. 2003-01 PERTAINING TO SLOPE
MAINTENANCE STANDARDS SECTIONS 22.34.030, 22.34.040,
22.34.050 AND 22.34.060 AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE.
A. RECITALS.
On July 25, 1995, the City of Diamond Bar adopted its General
General Plan establishes goals, objectives and strategies to
the community's vision for its future.
Plan. I The
implernent
2. On November 3, 1998, the City of Diamond Bar adopted a Development
Code. Title 22 of the Diamond Bar Municipal Code containE the
Development Code now currently applicable to the development
applications within the City of Diamond Bar.
3. Administering the Development Code for almost five years demonstrated
that certain clarifications and modifications are needed based on theCity's
experience. The City of Diamond Bar has determined that the following
existing standards within the Development Code require clarification
and/or modification:
Article III
❑ CHAPTER 22.34. PROPERTY MAINTENANCE STANDARD
❑ Section 22.34.030 - Single -Family. Standards,
❑ Section 22.34.040 - Multi -Family Standards
❑ Section 22.34.050 - Commercial Standards
❑ Section 22.34.060 - Industrial Standards:
4. The Planning Commission of the City of Diamond Bar on May 13, June
24, and July 8, 2003 conducted a duly noticed public hearing with r gard
to the Development Code amendment. The Planning Commission
concluded the public hearing on a portion of the Development Code
Amendment pertaining to Chapter 22.34 - Property Maintenance
Standards on July 8, 2003 and recommended approval of said
amendment to the City Council.
5. Notification of the public hearing for consideration of Development Code
Amendment No. 2003-01 was provided in the San Gabriel Valigy T ibune
and Inland Valley Daily Bulletin newspapers on November 6, 2003.
Ord. 06(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 for, 2003.
6. On September 2, 2003, the City Council at a public hearing reviewed the
Planning Commission recommendation for Development Code
Amendment No. 2003-01. The Council adopted the Commission's
recommendation but set-aside for further study modifications to Chapter
22.34.- Property Maintenance Standards related to slope maintenance.
Further study on this matter occurred on September 16, October 7 and
November 18, 2003 at City Council study sessions.
7. On November 18, 2003, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing with regard to the Development
Code Amendment No. 2003-01 pertaining to Chapter 22.34 - Property
Maintenance Standards related to slope maintenance. At that time, the
City Council concluded the public hearing.
8. 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.
9. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15070, Article 19 of Chapter 3, Title 14 of the California
Code of Regulations, the City has determined that a Negative Declaration
is required for this project. Negative Declaration No. 2003-01 has been
prepared. The Negative Declaration's review period began April 18, 2003
and ended May 7, 2003. The Negative Declaration was adopted on
September 16, 2003.
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 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
ordain as follows:
❑ Subsection (d) of Section 22-34.030. Single-family standards of
Title 22 of the City of Diamond Bar Municipal Code is here by ar
read as follows:
(d) Landscape maintenance. Yards and setback areas shall be landsco
with lawn, trees, shrubs, or other plant material, and shall be perman
maintained in a neat and orderly manner and substantially free of weeds, debris
dead, diseased or dying vegetation and broken or defective decorative elemer
the landscaped area. Foliage in landscaped areas shall be mowed, groo!
trimmed, pruned and adequately watered so as to maintain healthy grc
conditions and not detract from the appearance of the immediate nelghborr
Irrigation systems shall be maintained to prevent public health or safety hazards
(1 } The standards contained in this section shall apply to an exc
surface which forms an incline that has a ratio of 10:1 (horizc
vertical) or greater.
(a) Slopes adjacent to a public highway shall be maintaine
neat and clean manner, free of weeds and debris. A I
highway shall include local streets, the entire width of
highway including all portions dedicated for hic
purposes, such as the sidewalks, parkways and road
Said slopes shall be irrigated seasonally or at inti
sufficient to ensure survival and growth of slope
material. Plant material shall be neatly trimmed and
not encroach into the public right-of-way. Erosion c
methods shall be utilized to maintain slope stability.
fences and/or slope plant material shall be maintaine
manner that does not detract from the appearance
immediate neighborhood. Overgrown vegetation that h,
rats or other vermin, or attains such growth as to bea
fire hazard when dry or that is otherwise noxious, Banc
or unsightly shall be prohibited. Failure to maintah
slopes in the manner described is declared unlawful
public nuisance endangering the health, safety and g
welfare of the public and detrimental to the surrot
community and shall be abated pursuant to S
22.34.070.
❑ Subsection (e) of Section 22.34.040. Multi -family standards of Art
Title 22 of the City of Diamond Bar Municipal Code is here by amen
read as follows:
Ord. 06 (2003)
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(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 and broken or defective decorative elements of
the landscaped area. Foliage in landscaped areas shall be mowed, groomed,
trimmed, pruned and adequately watered so as to maintain healthy growing
conditions and not detract from the appearance of the immediate neighborhood.
Irrigation systems shall be maintained to prevent public health or safety hazards.\
(1) The standards contained in this section shall apply to an exposed
surface which forms an incline that has a ratio of 10:1 (horizontal
vertical) or greater.
(a) Slopes adjacent to a public highway shall be maintained in a
neat and clean manner, free of weeds and debris. A public
highway shall include local streets, the entire width of every
highway including all portions dedicated for highway
purposes, such as the sidewalks, parkways and roadways.
Said slopes shall be irrigated seasonally or at intervals
sufficient to ensure survival and growth of slope plant
material. Plant material shall be neatly trimmed and shall
not encroach into the public right-of-way. Erosion control
methods shall be utilized to maintain slope stability. Walls,
fences and/or slope plant material shall be maintained in a
manner that does not detract from the appearance of the
immediate neighborhood. Overgrown vegetation that harbors
rats or other vermin, or attains such growth as to become a
fire hazard when dry or that is otherwise noxious, dangerous
or unsightly shall be prohibited. Failure to maintain said
slopes in the manner described is declared unlawful and a
public nuisance endangering the health, safety and general
welfare of the public and detrimental to the surrounding
community and shall be abated pursuant to Section
22.34.070.
❑ Subsection (d) of Section 22.34.050. Commercial standards of Article 111,
Title 22 of the City of Diamond Bar Municipal Code is here by amended to
read as follows:
(d) 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 and broken or defective decorative elements of
the landscaped area. Foliage in landscaped areas shall be mowed, groomed,
trimmed, pruned and adequately watered so as to maintain healthy growing
conditions and not detract from the appearance of the immediate neighborhood.
Irrigation systems shall be maintained to prevent public health or safety hazards.
(1) The standards contained in this section shall apply to an exp
surface which forms an incline that has a ratio of 10:1 (horizoi
vertical) or greater
(a) Slopes adjacent to a public highway shall be maintainec
neat and clean manner, free of weeds and debris. A F
highway shall include local streets, the entire width of c
highway including all portions dedicated for higl
purposes, such as the sidewalks, parkways and roadr
Said slopes shall be irrigated seasonally or at intE
sufficient to ensure survival and growth of slope
material. Plant material shall be neatly trimmed and
not encroach into the public right-of-way. Erosion c(
methods shall be utilized to maintain slope stability. �
fences and/or slope plant material shall be maintainec
manner that does not detract from the appearance c
immediate neighborhood. Overgrown vegetation that ha
rats or other vermin, or attains such growth as to becc
fire hazard when dry or that is otherwise noxious, clang.
or unsightly shall be prohibited. Failure to maintain
slopes in the manner described is declared unlawful
public nuisance endangering the health, safety and gE
welfare of the public and detrimental to the surrou
community and shall be abated pursuant to Si
22.34.070.
❑ Subsection (d) of Section 22.34.060. Industrial standards of Artic
Title 22 of the City of Diamond Sar Municipal Code is here by amen
read as follows:
(d) Landscape maintenance. Yards and setback areas shall be landscap
lawn, trees, shrubs, or other plant material, and shall be permanently maintaii
neat and orderly manner and substantially free of weeds, debris and dead, d
or dying vegetation and broken or defective decorative elements of the lanc
area. Foliage in landscaped areas shall be mowed, groomed, trimmed, prui
adequately watered so as to maintain healthy growing conditions and not
from the appearance of the immediate neighborhood. Irrigation systems
maintained to prevent public health or safety hazards.
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(1) The standards contained in this section shall apply to an exposed
surface which forms an incline that has a ratio of 10:1 (horiz ntal
vertical) or greater
(a) Slopes adjacent to a public highway shall be maintained in a
neat and clean manner, free of weeds and debris. A public
highway shall include local streets, the entire width of every
highway including all portions dedicated for highway
purposes, such as the sidewalks, parkways and roadways.
Said slopes shall be irrigated seasonally or at intervals
sufficient to ensure survival and growth of slope plant
Ord. 06(2003)
material. Plant material shall be neatly trimmed and shall
not encroach into the public right-of-way. Erosion control
methods shall be utilized to maintain slope stability. Walls,
fences and/or slope plant material shall be maintained in a
manner that does not detract from the appearance of the
immediate neighborhood. Overgrown vegetation that harbors
rats or other vermin, or attains such growth as to become a
fire hazard when dry or that is otherwise noxious, dangerous
or unsightly shall be prohibited. Failure to maintain said
slopes in the manner described is declared unlawful and a
public nuisance endangering the health, safety and general
welfare of the public and detrimental to the surrounding
community and shall be abated pursuant to Section
22.34.070.
PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF December 2003, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Carol Herrera 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 18th day of November 2003 and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 2nd day of
December2003, by the following vote:
AYES: COUNCIL MEMBERS: Chang, O'Connor, zirbes, MPT/Huff, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Lynda turgess City Clerk