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Home My WebLink AboutORD 04(2012)ORDINANCE NO. 04(2012) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING FOLLOWING SECTIONS OF TITLE 22 OF THE MUNICIPAL CODE: 22.10.030 Tables 2-5 and 2-6; 22.16.060(1); 22.22.120(a)(1); 22.38.030; 22.36.130 Table 3-14; 22.34.030; 22.42.060(2)0); 22.42.100(1); 22.42.100(c); 22.42.130; 22.68.030; 22.80.020. The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-5 by adding footnote (6) under the heading "Service Uses" entitled "Personal services—Acupressure, massage therapy, tattoo parlors," as follows: LAND USE OP 013(3) CO Personal services – I CUP CUP CUP Acupressure, massage CUP(6) CUP(6) CUP(6) therapy, tattoo parlors CUP 22.42.100 (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit. SECTION 2. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-5 by adding "Veterinary clinics and animal hospitals" under the heading "Service Uses," as follows: LAND USE I OP OB CO Veterinary clinics and animal hospitals I CUP CUP CUP SECTION 3. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to revise the land use provisions under the heading "Manufacturing & Processing" entitled "Recycling -reverse vending machines" and "Recycling -Small collection facility", and adding under the same heading 'Recycling -Large collection" and "Recycling -Light and Heavy Processing (scrap and dismantling yards," as follows: LAND USE C-1 C-2 C-3 I See Standards in Section: Recycling -Reverse vending machines P P P P 22.42.100 Recycling -Small collection facility P P P 22.42.100 Recycling -Large collection CUP 22.42.100 Recycling -Light and Heavy Processing (scrap and dismantling yards) CUP 22.42.100 SECTION 4. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 to revise the land use provisions under the heading "Recreation, Education & Public Assembly Uses" entitled "Studios—Photograph, portrait, etc.," as follows: LAND USE C-1 C-2 C-3 I Studios—Photograph, portrait, CUP CUP CUP P martial arts, dance, aerobics, CUP CUP CUP etc. SECTION 5. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 by adding footnote (6) under the heading "Service Uses" entitled "Personal services—Acupressure, massage therapy, tattoo parlors," as follows: LAND USE C-1 C-2 C-3 I Personal services – CUP CUP CUP P Acupressure, massage CUP(6) CUP(6) CUP(6) therapy, tattoo parlors (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit. SECTION 6. Section 22.10.030 of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended by amending Table 2-6 under the heading "Service Uses" entitled "Veterinary clinics and animal hospitals," as follows: LAND USE C-1 C-2 C-3 I Veterinary clinics and animal hospitals CUP CUP CUP P SECTION 7. Section 22.16.060(1) of Title 22, Chapter 22.16 of the Diamond Bar Municipal Code is amended by striking out the text "natural or" where it occurs, as follows: Sec. 22.16.060(1). Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured from the finished grade adjacent to any point at each exterior wall of the structure to the highest point of the roofline, above and parallel to the finished grade. Structures in hillside areas shall comply with the height regulations provided in section 22.22.120 (Architecture). SECTION 8. Subsection (1) of Subsection (a) of Section 22.22.120 of Title 22, Chapter 22.22 of the Diamond Bar Municipal Code is amended by striking out the text "natural or" where it occurs, as follows: Section 22.22.120(a)(1). Architecture standards. The maximum structure height shall be 35 feet as measured from finished grade at the front setback, extending towards the 15 rear of the parcel. The maximum height at the side setback shall be 25 feet extending up to the center of the lot at a 45 degree angle to a maximum height of 35 feet as measured from finished grade. SECTION 9. Subsection (1) of Section 22.38.030 of Title 22, Chapter 22.38 of the Diamond Bar Municipal Code is amended by eliminating pepper trees from the category of "protected trees," as follows: Sec. 22.38.030. Protected trees. A protected tree is any of the following: (1) Native Oak, walnut, sycamore and willow trees with a diameter at breast height (DBH) of eight inches or greater; SECTION 10. Section 22.36.130 of Title 22, Chapter 22.36 of the Diamond Bar Municipal Code is amended by amending Table 3-14 by revising the maximum sign area for center identification signs for multi -tenant shopping center sites, as follows Sign Class Sign Type Maximum Number Maximum Sign Area Maximum Sign Height Location Requirements Lighting Allowed? Additional Requirements B. Multi -tenant sites shopping center 1. Center Monument 1 per 36 s.f. per 6 ft. Signs shall be Yes Allowed in identification street sign set back 10 ft. addition to frontage from property other business lines or ultimate identification row line and shall signs not block traffic safet area SECTION 11. Section 22.34.030 of Title 22, Chapter 22.36 of the Diamond Bar Municipal Code is amended by adding subsection (g), as follows: (g) Maintenance of paved driveway and similar areas. All paved surfaces visible from an adjacent street or sidewalk shall be kept and maintained so as not to detract from the appearance of adjacent properties. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of standing water, oil stains, cracks exceeding one-half inch in width, lifting exceeding one-half inch, and/or broken areas. SECTION 12. Subsection j. of Subsection (2) of Section 22.42.060 of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows: j. Kitchens prohibited. The guest house shall not contain a kitchen. A kitchen is defined to include, but not necessarily be limited to, the following: 1. Cooking stove with or without an oven, 2. Kitchen sink, cabinets and appurtenant plumbing; 3. Convection ovens; and 4. All appurtenances, related to the above. 3 SECTION 13. Subsection (1) of Section 22.42.100 of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended to include small collection recycling facilities in the C-2 and C-3 zones as follows: (1) Permit requirements. Recycling facilities are subject to permit review in the commercial and industrial zonino districts in compliance with the following schedule: Type of Facility Zoning Districts Allowed Permit Required Reverse vending All Commercial Development review for machine(s) up to 5 reverse vending machines Small collection C-2, C-3, 1 Development Review Large collection I Conditional Use Permit Light and heavy processing I Conditional Use Permit (scrap and dismantling yards) SECTION 14. Subsection c. of Section 22.42.110 of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by adding a new Subsection 4, as follows: 4. Building Height: A detached accessory structure shall not exceed one-story or fifteen feet in height; and shall not exceed the height of the main residential structure. SECTION 15. Subsection d of Subsection (3) of Subsection (g) of Section 22.42.130 of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended by replacing the word "fixture" with "future," as follows: d. Freestanding antenna support structure setback. The setback for a freestanding antenna support structure will be no less than 15 meters (50 feet) or the height of the antenna plus 20 percent, whichever is greater, from any existing or future residential structure. SECTION 16. Paragraph 2 of Subsection (b) of Section 22.68.030 of Title 22, Chapter 22,68 of the Diamond Bar Municipal Code is amended as follows: In the case of residential dwelling units, a minor conditional use permit shall not be required if the proposed change or expansion is limited to the ground floor and meets the following criteria: (1) The 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; (2) The addition or improvement conforms to all other applicable provisions of this development code; SECTION 17. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended by 9 revising the definitions for "Director" and "Indoor amusement/entertainment facilities," as follows: Director. Where the term "director is used in this development code, the title shall mean the Director of the Community Development Department or designee. Indoor amusement/entertainment facilities... Four or more electronic games or coin- operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or fewer are not considered a land use separate from the primary use of the site. APPROVED AND ADOPTED THIS 17TH DAY OF APRIL 2012, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. ing-LiRTChang, Maydr , Tommye Cribbins; the 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, California, held on the 3rd_ day of April, 2012, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the 17th day of April 17, 2012, by the following vote: AYES: Council Member: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None ATTEST: U0-'1w— Tom . ' l Tom ye Cribbins, City Clerk City of Diamond Bar F".