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HomeMy WebLinkAboutORD 04 (2005)A. ORDINANCE NO. o4 (2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMEN CODE AMENDMENT NO. 2005- 02 AND AMENDING THE DIAMOND BA MUNICIPAL CODE. RECITALS. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objecives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the Ci y of Diamond Bar adopted a Development Code, Title 22 of the Diamond Bar Mu iicipal Code which contains the Development Code is now currently applicable to d Dvelopment applications within the City of Diamond Bar. 3. Administering the Developmer certain clarifications and modifi The City of Diamond Bar has dc the Development Code require ARTICLE II Section 22.08.030. Residential Table 2-3. Section 22.10.030. Commei requirements—Table 2-5 and T� ARTICLE III Section 22.16.140. ARTICLE Second Kii Section 22.30.040. Number of Section 22.42.120. Secondary Section 22.42.060. Guest how, Section 22.42.080. Outdoor di,- i: ARTICLE 1V Section 22.48.040. Section 22.50.060. Section 22.52.040. Section 22.54.040. Section 22.56.040. Section 22.58.040. t Code for almost seven years demonstrated that ,ations are needed based on the City's experience. itermined that the following existing standards within clarification and/or modification: zoning district land uses and permit requirements— :ial/industrial district land uses and permit Die 2-6. hen. larking spaces required. — Table 3-10. lousing units. '.s. y and sales standards. Developme it Review. findings and decisions. Temporary Use Permit, action by the director. Minor Varia ice. findings and decision. Variance findings and decision. Minor Cond tional Use Permit, findings and decision. Conditional Use Permit. findings and decision. 1 ARTICLE VI Section 22.80.010. Definition of specialized terms and phrases. 4. The Planning Commission of the City of Diamond Bar on February 22, 2005 conducted and concluded a duly noticed public hearing with regard to the Development Code amendmer t and recommended approval of said amendment to the City Council. 5. Notification of the public hearing for consideration of Development Code Amendment No. 2005-02 was provided in the San Gabriel Valle Tribune and Inland Valle Dail Bulletin newspapers on February 18, 2005. Pursuant to and 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 advertiseme it 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 February 17, 2005. 6. On March 1, 2005, 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, Section 15162(a) of Article 5 of the California Code of Regulations and guidelines promulgated thereunder, the City Council hereby finds that there is no substantial evidence that the Development Code Amendment will have a significant effect on the environment and therefore has determined that Development Code Amendment No. 2005-02 is consistent with the previously adopted Negative Declaration No. 1997-03 for the Development Code.' Therefore, no subsequent Negative Declaration or Mitigated Negative Declaration is required to be prepared. 9. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth above, there is no evidence before this City Council that the Development Code Amendment 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 follows: Incil of the City of Diamond Bar does hereby ordain as Section 22.08.030. TABLE 2-3 Residential zoning district land uses and permit requirements.. Article II, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: TABLE 2-3 ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS Land Uses (1) 1 RR RL RLM RM RMH RH See standards in section: RESIDENTIAL USES Second units P P 22.42. 20 Guest house P P 22.42.60 Section 22.10.030., TABLE 2-5 Commercial/Industrial district land uses and ermit requirements., Article 11, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting a retail trade use to read as follows: TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS Land Uses(1) OP 7A(1. CO See standards in section: RETAIL TRADE USES Restaurant with outdoor dinina Mcl1 ff IP nnri Section 22.10.030., TABLE 2-6 Co mercial/Industrial district land uses and permit requirements., Article 11, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: TABLE 2-6 ALLOWED USES AND PERMIT RE UIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Land Uses(1) C-1 C-2 C-3 I See standards in section: _ RETAIL TRADE USES Retail sales CUP Restaurant with outdoor MCUP CUP MCUP 22.16.070, 22.42.080 dinina Section 22.10.030. TABLE 2-6 Cori mercial/Industrial district land use and ermit requirements., Article ll, Title 22 of the- City of Diamond Bar Municipal Code is here by amended to read as follows 3 T BLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAUINDUSTRIAL ZONING DISTRICTS Land Uses(1) C-1 C-2 C-3 i See standards RECREATIONAL, EDUCATION & PUBLICASSEMBLY USES in section: Schools —Private CUP CUP Schools — Public p P Schools — Specialized education and UP CUP CUP trainingand non -de ree Studios —photograph, portrait, etc. UP CLIP Section 22.16.140. Second kitchen.,Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by inserting s id section to read as follows and inserting said section to the Table of Contents: Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of _a second ur it and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. Section 22.30.040., TABLE 3-10 Number of arkin s aces required., Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows,- BLE ollows: BLE 3-10 PARKING REQUIREMENTS BY LAND USE AND USE TYPE Land Use Type Vehicle S aces Re wired Recreation, education, public assembly Studios for art, dance and martial arts 1 space for each 150 sq. ft. of gross floor area and 1 s ace for each eMDIOVee 6ection 22.30.040. TABLE 3-10 Numb gr of parking spaces re uired. Article III, Title 22 of the City of Diamond Bar Municipal Cc de is here by amended by deleting the following land use and vehicle spaces requirement from TABLE 3-10 as follows: TABLE 3-10 PARKING REQUIREMENTS BY LAND USE AND USE TYPE Land Use T e Vehicle S aces Re uired Residential Uses: W Section 22.42.120. Second units. At}ticle 111, Title 22 of the City of Diamond Bar Municipal as Code is here by amended tc read follows: The purpose of this section is to imp ement State law and permit second units in certain residential zones and to ensure that the second unit does not degrade the residential neighborhood by overcrowding the streets, utilities, parks, open spaces and other community facilities and downgrading the living environment in the City.. This section provides standards for the establishnlient of second units. (1) Second units shall be allowed n the zoning districts specified in Section 22.08.030 (Residential district land uses nd permit requirements) subject to the approval of the Director. (2) Number of units allowed.. Only one second unit shall be allowed on a legal single- family parcel. A single-familyarcel shall not be allowed to have both second unit and guest house. (3) Site requirements. The parcel broposed for a second unit shall comply with all the following requirements: ff a. The parcel shall have a minimum area of 10,000 gross square feet and a minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet and a minimum depth of 100 feet; and b. The parcel shall be developed with not more than one single- primary residence. The owner of the parcel must live in the primary residence or the second unit, and shall demonstrate such occupancy to the satisfaction of the City prior to issuance of permits. (4) Location of second unit. A seco rid unit maybe within, attached to, or detached from the existing primary residence. If detached, the second unit shall be located within the rear portion of the subject parcel and shall be separated from the existing primary residence a minimum of 10 feet. If attached to or within the primary residence, a separated entrance shall be provided and said entrance shall not be located on the front of the prima residential structure or facing the street on which the primary residence fronts. (5) Design standards. A second unit shall: a. Not exceed 600 gross sqL are feet in floor area and is allowed if the parcel is between 10,000 and 20,0 0 gross square feet with a minimum buildable pad area of 8,000 square feet and has a minimum width of 50 feet and a minimum depth of 100 feet, b. Not exceed 1,200 square feet in gross floor area if the parcel is over 20,000 gross square feet with a minimum 10,000 square feet buildable pad area. C. Match the architectural style of the primary residence and design features, such as but not limite to; materials, colors, roofing, scale, surface treatments and details; 5 d. Utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the natural of finished grade to highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the design of the second unit shall not cange the character of the surrounding residential neighborhood; e. Contain separate kitchen and bathroom facilities and have a separate entrance from the primary residence; and f. Contain no more than two bedrooms. (6) Parking. One off-street parking space shall be provided for the second unit, in addition to the required and existing parking provided for the primary residence. Said parking space shall be accessible from the existing driveway approach. Existing driveway may be widened to accommodate the one off-street parking space pursuant to Code Section 22.30.080.- Driveways and site access. (7) Rental of second units. A se and unit may be rented, although rental is not required. (8) Sale or subdivision of a second u it. The sale or subdivision of a second residential unit separate from the primary r sidence shall be prohibited. (9) Utilities. Utilities serving the sec shall be common to and dependE not be provided with separate issuance of any City permits, th( from the affected water and sew( are or will be available to serve t facilities allowed by the Californi+ City, written certification of acce❑ and unit (e.g., electricity, gas, sewer, and water) it on the primary residence. The second unit shall ietered utilities. Furthermore and prior to the property owner shall submit written certification district that adequate water and sewer facilities e proposed second unit. For units using septic Regional Water Quality Control Board and the ability shall be submitted. Section 22.42.060. Guest houses., ArticlIII, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as foll ws- This section establishes standard for the development and operation of guest houses in zoning districts where guest houses are allowed in compliance with Article 11 (Zoning Districts and Aflowable band Uses), and s ubject to the approval of the Director provided all of the following standards are met: (t) Intended use. A guest house, which may include only a sleeping area, living area, and bathroom, is intended to provide temporary living quarters within a detached or attached residential accessory structure, located on the same premises with the primary residence, for use by guests of the occupants of the premises. (2) Development standards. The comply with the following standa a. Number. A guest house second unit has been oei 1.1 ition and construction of guest houses shall and as such may be approved by the Director: all not be permitted on any parcel for which a b. Location, A guest house may be within, attached to, or detached from the existing primary residence. If detached, the guest house shall be located within the rear portion of the subject parcel. C. Access. The location of a detached guest house shall provide minimum of five-foot wide pedestrian access to the main development; d. Site requirements. The parcel proposed for a guest house shall have a minimum area of 10,0 0 gross square feet and a minimum buildable pad area of 8,000 square fe t, a minimum width of 50 feet, and a minimum depth of 100 feet; e. Floor area. The guest house floor area shall not exceed 600 square feet if the parcel is between 10,000 and 20,000 gross square feet. For parcels greater than 20,000 square feet, the guest house floor area may exceed 600 square feet but shall not be greater than 900 square feet or 30 percent of the existing living area of the primary residence, whichever is smaller; f. Architectural compatibility. The architectural style of the guest house in design features, such as but not limited to, materials, colors, roofing, scale, surface treatments and details shall match the primary residence. g. Setbacks. The guest ho se shall: utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the natural or finished grade to the highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the de ign of the guest house shall not chang the character of the surrounding residential neighborhood; h. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The guest house shall not be provided with separate metered utilities; Plumbing and electrical required for a single bath Electrical installation sha light, and ventilation. Li shall delineate all plu compliance with this stan Kitchens prohibited. The For the purpose of this limited to, the following: installations. Plumbing shall be limited to that Com, water closet, lavatory, and a shower or tub. I be limited to the minimum required for heating, e drawings shall be submitted for approval, and bing and electrical installations proposed in uest house shall not contain a kitchen other than. ection, a kitchen is defined to include, but not 1. Cooking stove with or without an oven; 2. Kitchen sink, cabin 9ts and appurtenant plumbing; 3. Convection ovens; and. 4. All appurtenances, related to the above. I. Rental is prohibited. Tile guest house shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect; or otherwise used as a separate dwelling. M. Sale or subdivision of a guest house. The sale or subdivision of a guest house separate from the primary residence shall be prohibited; n. Covenant and Agreement. Prior to the issuance of any City permits, the owner of record shall sign and record a Covenant and Agreement, in a form provided by the City, which shall place future buyers on notice of the maximum size of the guest house, that the guest house may not be sold, transferred or assigned separately from the primary residence, that the owner of record shall res de on the property and that such restrictions shall run with the land and sh II be binding upon all future owners. - - ­­ - --W, vULUVVI urs is an sales standards., Article i1I, Title 22 of the City of Diamond Bar Municipal Code is here b amended to read as follows: (3) Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Minor Conditional Use Permit, in compliance with chapter 22.58 (Minor Conditional Use Permits) and the following standards: a. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards: 1 . Accessible. The dining area shall be accessible from inside the restaurant only, unless the director waves this requirement in circumstances where this is not feasible or practical; 2. Physically defined. The dining area shall be clearly and physically defined. It shall be Clearly a part of the restaurant serves; and. 3. Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages. b. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: Parking calculations. Off-street parking requirements shall be calculated in compliance with chapter 22.30 (Off -Street Parking and Loading Standards) The director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operat d on a seasonal basis; and 2. Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common . with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas. C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate cleanup facilities, and associated procedures, in the follo ing manner: 1. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis fc r removal of litter and food items which constitute a nuisance to publi health and safety; and 2. Waste receptacl s. Outdoor dining areas shall contain waste receptacles for u e by the public and/or restaurant employees. d. Design compatibility. Outdoor dining and seating areas are subject to compatibility with surroui iding uses and a high standard of design quality, the following standards shal be implemented: 1. Compatible elements. Outdoor dining and seating areas and associated struCtL ral elements, awnings, covers, furniture, umbrellas or other physical c lements which are visible from the public rights-of- way, shall be compatible with the overall design of the main structure(s); 2. Entertainment. Outdoor dining and seating areas that provide dancing, entertai ment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in chapter 22.28 (Noise Cont ol); 3. Pedestrian experi nce. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience; 4. Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; 5. Obstructions. Outd or dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas; 6. Separation requirements. Outdoor dining and seating areas shall be separated from resi ential uses, at a minimum distance of 200 feet, except in mixed-use projects; 7. Setbacks. Outdoor dining and seating areas shall be set back a minimum of five fee from property lines or parking lots and shall not encroach on to the public right-of-way. a. Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate. 9. Americans With requirements. e. One year review requir and seating areas are director shall conduct a from the use. If none a may be granted. Disabilities Act. Outdoor dining shall meet ADA Minor Conditional use permits for outdoor dining bject to review after one year, at which time the idy to determine if adverse impacts have resulted found, then a permanent conditional use permit The Director may wave tf ie Minor Conditional Use Permit process for outdoor dining in connection wit i an existing approved restaurant if the outdoor dining does not exceed an occupancy of eight patrons and meets the development standards i i this section (Section 22.42.080. Outdoor display and safes standards). ��-w��•+�.�+U. -m s ana aecisi ns., Article 1V Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: A development review application shall be reviewed by the applicable review authority identified in section 22.48..050 (Responsibility for development review), below and shall not be approved, with or without conditions unless all of the following findings are made: Section 22.50.060. Action hir the direct Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to ead as follows: A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without the requirement for a noticed public hearing. The director shall not approve, modified, or conditionally approved a temporary use permit application, for up to one year, unless all of the following findings can be made: Section 22.52.040. Pintlipricand decision. Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to r ad as.follows: The director, without the requirement for noticed public hearing, shall record the decision in writing with the findings on which the decision is based, in compliance with state law, or may refer the application to the commis ion. A minor variance application shall not be approved, modified, conditioned, or disa proved by the director, unless all the following findings can be made: tiection 22.54.040. Findinrie and decisio ., Article 1V Title 22 of the City of Diamond Bar Municipal Code is here by amended to r ad as follows: Following a public hearing, the commission shall record the decision in writing with findings on which the decision is based, in compliance with state law. The commission shall not approve a variance application with or without conditions unless all of the following findings can be made: Municipal Code is here by amended to Following a public hearing, the hearing 10 Article IV Title 22 of the City of Diamond Bar I as follows: r shall record the decision in writing with the findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made: ���r�F ��. 00.u4u, rinain s and de ision., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended o read as follows: Following a public hearing, the commission shall record the decision in writing with the findings on which the decision is based. The conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made .jection 22.80.010. Definition of specialized terms and phrases., Article VI Title 22 of the City of Diamond Bar Municipal Codes here by amended to read as follows: (b) Definitions, "B". The following definitions are in alphabetical order: Basement. Habitable and No -habitable space within a structure where less than one-half of the distance from its floor to ceiling is below grade. A basement shall be considered a story. (c) Definitions, "C". The following definitions are in alphabetical order: (g) (s) Cellar. Non -habitable space ithin a structure where one-half or more of the distance from its floor to ceiling i below grade. A cellar shall be considered a story. Definitions, "G". The following definitions are in alphabetical order: Guest house. A detached or attached structure of 300 square feet or more, accessory to a single-family dwelling, accommodating living/sleeping quarter, but without kitchen or cooking facilites. (Refer to Section 22.42.060.) Definitions, "S". The following definitions are in alphabetical order: School. An institution of learning, whether public or private that offers instruction, training, testing, apprenticeship, utoring, exam preparation, educational guidance, counseling and evaluation. Lea ning may occur at training facilities, educational institutions, and through correspondence, television, Internet, or other means such as: Boarding schools Business, secretarial, and voca& Community colleges, colleges an Elementary, middle, and junior hi Establishments providing course; High schools Military academies Professional schools (law, medici Seminaries/religious ministry trair Also includes specialized Art studio 1 ial schools universities h schools by mail or Internet le, etc.) ing facilities e grant schools offering instructions in: Ballet and other dance studios Computers and electronics Drama studio Drivers' education Language Martial arts studio Math Music Science Tutorial services Second unit. A second permanE accessory to a primary resides complete, independent living fac provisions for living, sleeping, e� (t) Definitions, "T". The following d nt unit, or "granny flat", attached or detached that is ice on the same site. A second unit provides Nties for one or more persons, including permanent Lting, cooking, sanitation, and parking. itions are in alphabetical order: Tutorial services. A type of busir ess designed to provide individualized instructions to persons generally in fields of c eneral education or the arts with no more that two students per one instructor on the premises at the same time. Tutorial services, not in a classroom setting, shall include, but are not limited to, instructing, tutoring, educational counseling, testing, raining, etc. Students typically do not stay more than two hours. PASSED, APPROVED AND ADOPTED THIS COUNCIL OF THE CITY OF DIAMOND BAR. a Wen P. Chang, Ma I, Linda C. Lowry, City Clea" the City of Di; Ordinance was introduced at a regular meeting on the 1st day of h, 2005 and was final of the City of Diamond Bar held on the 15th i DAY OF 2005, BY THE CITY imond Bar do hereby certify that the foregoing )f the City Council of the City of Diamond Bar held y passed at a regular meeting of the City Council lay of _AarGh, 2005 by the following vote: AYES: Council Members. Zirhe r YTT/O'Connor, /Char,s NOES: Council Members: None ABSENT: Council Members: Herrer ABSTAIN: Council Members: xoj e Linda C' Lowry, Cit�—Ierl, City of Diamond Ba 12