HomeMy WebLinkAbout09/23/2003PLANNIN( FELE copy
South Coast Air Quality Management District
Government Center Building Auditorium
21865 East Copley Drive
Diamond Bar, CA
Chairman
Vice Chairman
Commissioner
Commissioner
Steve Tye
Dan Nolan
Steven Nelson
Jack Tanaka
Copies of staff reports or other written documentation relating to agenda items are on file in the Planning
Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are
available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030
during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of
Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
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drinking in the Auditorium
The City of Diamond Bar uses recycled paper
and encourages you to do the same
City of Diamond Bar
Planning Commission
lataNtog
P..7BLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may
address the Commission ori the subject of one or more agenda items and/or other items of which are within the
subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission
should be submitted in writing at the public hearing, to the Secretary of the Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However,
in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their
presentation at the time the item is called on the calendar. The Chair may limit individual public input to five
minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the
number of people requesting to speak and the business of the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and
questions are welcome so that all points of view are considered prior to the Commission making
recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least
72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to
the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the
posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the
Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the number below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a
nominal charge.
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A cordless microphone is available for those persons with mobility impairments who cannot access the public
speaking area. The service of the cordless microphone and sign language interpreter services are available by
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HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839.7030
email: info@ci.diamond-bar.ca.us
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2003-29
1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONER.
2. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice -Chairman
Dan Nolan, Steve Nelson, Jack Tanaka, and Osman Wei
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
Speaker's Card for the recordina Secretary (Completion of this form is voluntarv.)
There is a five-minute maximum time limit when addressing the Planning Commission.
4. APPROVAL OF AGENDA: Chairman
5. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
5.1 Minutes of Regular Meeting: September 9, 2003.
6. OLD BUSINESS: None.
7. NEW BUSINESS: None.
8. PUBLIC HEARINGS:
8.1 ..Development Code Amendment No 2003-02 (pursuant to Code
Section 22.44) is a request to amend the following Articles/Sections of the
Development Code:
September 23, 2003 Page 2 PLANNING COMMISSION
ARTICLE 11
Section 22.10.030., Table 2-5 — Allowed Uses and Permit Requirements for Office
Zoning Districts and Table 2-6 — Allowed Uses and Permit Requirements for
Commercial/Industrial Zoning Districts: Amendment relates to changing the permit
process for psychic readers from a Conditional Use Permit to staff review and allowing
this use in the specified zones by right.
ARTICLE IV
Sections 22.44.020., Table 4-1 — Authority for Land Use and Zoning Decisions:
Amendment relates to adding an existing City permit process to Table 4-1, and
deleting a permit process no longer utilized.
Section 22.46.020. Zoning Clearances — Applicability: Amendment relates to further
clarifying an existing City permit process.
Sections 22.47.010. and 22.47.020 — Plot Plan Review — Purpose and Applicability:
Amendment relates to adding and clarifying an existing City permit process.
Section 22.48.020. — Development Review — Applicability: Amendment relates to
further clarifying an existing City permit process.
ARTICLE VI
Section 22.80.020. — Definition of Specialized Terms and Phrases: Amendment relates
to modifying the definition of an "Inoperable Vehicle"and "Psychic Readers".
Project Address: Citywide
Diamond Bar, CA 91765
Applicant: City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of the
California Code of Regulations and guideline 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.
September 23, 2003
8.
9.
10.
Recommendation: Staff
resolution recommending
Amendment No 2003-02.
Page 3 PLANNING COMMISSION
recommends that the Planning Commission adopt a
City Council approval of Development Code
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing- dates for future projects.
SCHEDULE OF FUTURE EVENTS:
GERNDAIJADEL
NEIGHBORHOOD MEETING
WITH CALTRANS:
PARKS AND RECREATION
COMMISSION MEETING:
ADMINISTRATIVE REVIEW
MEETING:
We * dnesday, September 24, 2003 - 6:30 p.m.
GovernmentCenter/AQMDRoomCC-6
21865 E. Copley Drive, Diamond Bar
Thursday, September 25, 2003 - 7:00 p.m.
Government Center/AQMD
Hearing Board Room
21865 E. Copley Drive, Diamond Bar
Wednesday, October 1, 2003 - 5:30 p.m.
City of Diamond - City Hall/Govt. Ctr Bldg.
21865 E. Copley Drive
PUBLIC SAFETY Friday, October 3, 2003 - 7:00 p.m.
COMMITTEE: Walnut/Diamond Bar Sheriff's Station
21895 E. Valley Boulevard, Walnut
CITY COUNCIL MEETING Tuesday, October 7, 2003 - 6:30 p.m.
Government Center/AQMD Auditorium
21865 E. Copley Drive
CALTRANS MONTHLY Wednesday, October 8, 2003 - 6:30 p.m.
MEETING: Government Center/AQMD Auditorium
21865 E. Copley Drive
TRAFFIC AND Thursday, October 9, 2003 — 7:00 p.m.
TRANSPORTATION Government Ctr/AQMD Hearing Board Room.
COMMISSION MEETING: 21865 E. Copley Drive
ADMINISTRATIVE REVIEW Tuesday, October 14, 2003 - 6:00 p.m.
MEETING: Government Center/AQMD Auditorium
21865 E. Copley Drive
September 23, 2003
PLANNING COMMISSION
MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
0- : FIF-ITNTilff k7r-T9671,ri M1, 9=0 12
Tuesday, October 14, 2003 - 7:00 p.m.
Government Center/AQMD Auditorium
21865 E. Copley Drive
Thursday, October 23, 2003 - 7:00 p.m.
Government Ctr/AQMD Hearing Board Room
21865 E. Copley Drive
[) RUA ST
MINUTES
• THE CITY • DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 9,2003
BALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
Vice Chairman Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and
Commissioners Steve Nelson, and Jack Tanaka.
Also present: James DeStefano, Deputy City Manager; Ann Lungu,
Associate Planner, Linda Smith, Development Services
Assistant, and Stella Marquez, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Approval of August 26, 2003, Regular Meeting minutes.
C/Tanaka moved, C/Nelson seconded, to approve the August 26, 2003,
Regular Meeting minutes as presented. Motion carried by the following Roll
Call vote:
AYES:
NOES:
ABSTAIN:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
Nelson, Tanaka, VC/Nolan,
Chair/Tye
None
None
:k 14 IT, I :
7. PUBLIC HEARINGS:
� M �
DRAFT,
7.1 Development Review No.. 2003-04 (pursuant to Code
Section 22.66.060(A)(3) is a request to revise the hours of operation for an
existing restaurant "Aashiana Restaurant" from 11:30 a.m. to 10:00 p.m.
daily. Current hours of operation are 5:30 p.m. to 10:00 p.m. Monday through
Friday and 11:30 a.m. to 10:00 p.m. Saturday and Sunday. (Continued from
July 22, 2003)
:1061514MMOTMW
APPLICANT:
2020 Brea Canyon Road, Suite A-7
(Lot 180, Tract 30578)
Diamond Bar, CA 91765
Nathaniel Williams
3029 Wilshire Boulevard #202
Santa Monica, CA 90403
Akbar Ali
8481 Holder Street
Buena Park, CA 90620
DSA/Smith presented staff's report. Staff recommends Planning Commission
approval of Development Review No. 2003-04(2), Findings of Fact, and
conditions of approval as listed within the resolution.
Gazala Kahn, applicant's agent, asked for the Commission's support of the
applicant's business and approval of Development Review No. 2003-04(2).
Chair/Tye opened the public hearing.
Mary Ferderer, 2020 Brea Canyon Road, Suite A-6, reiterated her concerns
about the restaurant's type of operation, hours of operation and parking
problems in the center. Her company wants to remain at that location but
would find it more difficult to conduct business if the restaurant was allowed
additional hours.
C/Nelson explained that parking studies conducted on five different dates
show that there are a variety of parking spaces available. Staff has verified
the information. He asked if Mrs. Ferderer disputed the parking studies?
SEPTEMBER 9, 2003 Page 3 PLANNING COMMISSION
Mrs. Ferderer said that reference to 30 available spaces was ridiculous. The
available spaces are down by Chuck E. Cheese, a good distance away from
their office.
C/Tanaka asked Mrs. Ferderer if on July 31 when the pictures of double
parking were taken, were there spaces available around the building?
Mrs. Ferderer said she didn't go looking around the building but it was pretty
packed. She didn't know what was going on but it was pretty bad that day.
-Chair/Tye asked if Mrs. Ferderer had discussions about this matter with the
landlord?
Mrs. Ferderer said that Peggy Guess has spoken with the landlord several
times about this matter. The landlord opened it up for parking all the way
down to Chuck E. Cheese. The landlord is not being fair to the tenants who
have been there for many years.
Claudia Salazar, Manager of the building, said that ownership has always
supported extending the hours of the restaurant. For that reason, the owners
paid for a reciprocal parking agreement that extended the parking from
building E and A down to building D (Chuck E. Cheese). She personally visits
the property each month. She likes to go during peak hours to see how
business is going. Every time she has visited the property there has not been
a problem with parking. She spoke with a number of tenants and retail
operators in building A, who do not support extended hours. Conversely,
office tenants in the second floor of building C and E support the additional
hours and do not see parking as a problem.
Ms. Salazar responded to C/Tanaka that at no time in the past would
vehicles have been towed had they parked next to Chuck E. Cheese.
Ms. Salazar indicated to C/Nelson that the only reserved parking spaces are
for SPARC. When the current owners bought the buildings, the agreement
for reserved parking was already in place. The only tenant that requested
reserved parking was Mr. Ali at the time of the lease. Other tenants have
requested reserved parking but the owners have not allowed reserved
parking.
Chair/Tye closed the public hearing.
R I F T
SEPTEMBER 9,2003 Page 4 PLANNING COMMISSION
Responding to Chair/Tye, DCM/DeStefano explained that the Planning
Commission approved hours of operation for service to patrons from
5:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m.
Saturday and Sunday. The Planning Commission also approved catering
operations commencing .at 11:30 a.m. daily. Catering does not typically
include take-out.
Chair/Tye, responding to a former speaker, clarified that the Planning
Commission did not exclude the applicant from serving lunch, it approved the
applicant's request. The Planning Commission specifically asked the
applicant if the restaurant could survive without serving lunch and the
Commission was told it would survive.
DCM/DeStefano recollected that the applicant asked for hours that included
lunch service. At the conclusion of the Planning Commission discussion, the
applicant indicated, in response to questions and concerns about parking
from the dais, that he could live with a "dinner only" service Monday through
Friday.
C/Tanaka asked if in the parking study the number of parking spaces
included "2.0 minute" spaces. Staff indicated yes.
Chair/Tye said he visited the location twice in recent days. He observed the
SPARC has reserved parking and the curb in front of Shanghai indicates
"restaurant parking." Does the City or the building owner enforce parking?
DCM/DeStefano explained 'that parking is a private party enforcement
between the tenants, property owner and violators.
C/Tanaka visited the location on several occasions, one immediately
following the July 22 meeting. Today he visited the center and observed
SPARC and numerous restricted parking areas with green curbs in front of
many businesses.
Chair/Tye referred to a letter from Diamond Dance Wears. He asked staff to
address their "no meeting notices" contention.
DCM/DeStefano responded to a prior speaker that notice by law is required
of property owners surrounding the site, in this case, 700 feet, well beyond
the state law requirements of 300 feet. Notice by law is not required to
tenants. The City provides for notice within local area newspapers and posts
LJ111,
SEPTEMBER 9, 2003 Page 5 PLANNING COMMISSION
public hearings at specific locations throughout the City. The City also
requires an announcement board be placed on the property in anticipation of
a public hearing. This matter was continued from a public hearing discussion
several weeks ago. The continuance of a public hearing does not require
notice. It is presumed that those who are in attendance have constructive
notice. On rare occasions, the Planning Commission and/or City Council
direct additional notice when a large project affects several hundred -property
owners within an immediate area. Legal staff confirms that because the
speaker attended tonight's hearing and spoke to the Commission it is evident
that she had prior notice.
DSA/Smith responded to C/Tanaka that 20 parking spaces were calculated
based on service and patron area in accordance with the Diamond Bar
Municipal Code.
C/Nelson spoke about his parking concerns. The agreement to evening
hours only does not factor into his thinking because of the reciprocal parking
agreement. With that, there is an opportunity for a tenant to expand his
business and he is attempting to take advantage of that opportunity. He
wants to do everything possible to facilitate business growth in Diamond Bar
because there are 14 spaces in excess of the Municipal Code requirement
and parking for the proposed used is consistent with the Code. In his opinion,
the Planning Commission is being asked to referee a "free for all" that falls to
the businesses owner. Legally, the Planning Commission is charged with
upholding the City's Municipal Code. Therefore, he agrees with the request
for expansion of hours.
C/Tanaka agreed that the numerous studies show that there is adequate
parking.
VC/Nolan concurred. The reciprocal parking agreement changes the
complexion of the request. He believed there were issues outside of the
parking situation that needed to be mitigated between the building owner and
tenants.
Chair/Tye said that on paper, the parking study said there are sufficient
parking spaces. When he drove the area he observed the parking to the rear
of the building next to the freeway to be less than desirable. In addition, there
may be plenty of parking by Chuck E. Cheese but he would not make the
walk. If he had a business in the building and felt that parking was an issue
for his visitors he would want his customers to have easy access to his
51
0
■ 9 4 ivi I :11
business. If the restaurant had asked for lunch service from the beginning,
he may have reached a different conclusion.
VC/Nolan moved, C/Nelson seconded, to approve Development Review
No. 2003-04(2), Findings of Fact, and conditions of approval as listed within
the resolution. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Nelson, Tanaka, VC/Nolan,
Chair/Tye
None
PLANNING COMMISSION COMMENTS: C/Nelson thanked DSA/Smith
for the Power Point presentation and would like to see more.
Chair/Tye was sorry that Joe Ruzicka resigned from the Planning Commission. Mr.
Ruzicka will be missed.
INFORMATIONAL ITEMS:
DCM/DeStefano reported that Joe Ruzicka is invited back to the Planning
Commission on October 14, 2003, for a proper "roasting" to celebrate his years of
service. M/Herrera intends to appoint her replacement on September 16. Further,
she asked that Mr. Ruzicka be recognized by the City Council on October 7.
DCM/DeStefano stated that at its September 2 meeting, the City Council received
the packet of Development Code amendments. Council approved the amendments
with two exceptions: 1) landscape maintenance slope standards (Study Session
September 16) and 2) election signs (discussion to take place after this year's
election). He indicated that because the Planning Commission directed that the
amendment remain as currently written, no further action on the election sign
amendment was necessary according to the City Attorney. Therefore, the matter
was forwarded to the City Council on September 2.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the Agenda.
Chair/Tye reminded Commissioners that the City and Chamber would sponsor
American Spirit Day on September 11.
7
1711., "-1-' L
SEPTEMBER 9, 2003 Page 7 PLANNING COMMISSION
s. DCM/DeStefano stated the Commission/Council dinner meeting would take place
on Monday, September 29.
ADJOURNMENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 8:05 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Chairman Steve Tye
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROJECT LOCATION:
"T. ja J, Wei
A111116
BACKGROUND:
Staff Report
September 3, 2003
September 23, 2003
Development Code Amendment No. 2003-
02
Consideration of an amendment to:
Article 11, Section 22.10.030, Tables 2-5
and 2-6;
Article IV, Sections 22.44.020, Table 4-1,
22.46.020, 22.47.010 and Article A
Section 22.80.020.
City Wide
City of Diamond Bar
21825 E. Copley Drive,
Diamond Bar, CA 91789
The City's Development Code became effective December 1998. Since then, several Development
Code amendments were presented to the Planning Commission and City Council and have been
adopted. As the staff implements the Development Code, it becomes evident from time to time that
amendments are needed in order to continue to better serve the City, residents and the
development community or to comply with changes in State law. Staff's experience with processing
development applications and the Neighborhood Improvement Officers' need to modify the
Development Code text in order to continue to take a proactive approach to city beautification have
prompted the amendment presented in this staff report. As a result, the City of Diamond Bar is
requesting approval of Development Code Amendment No. 2003-02 which will amend the following
Articles, Sections and Tables of the Development Code:
Article 11
Chapter 22.10. — Commercial/industrial Zoning Districts
Section 22.10.030., Table 2-5 and Table 2-6, Commercial/industrial District Land Uses and
Permit Requirements.
1
Article IV
Chapter 22.44. — Applications, Processing, and Fees
Section 22.44.020. Authority for Land Use and Zoning Decisions.
Chapter 22.46. — Zoning Clearances
Section 22.46.020. Applicability.
Chapter 22.47. — Plot Plan Review.
Section 22.47.010. Purpose.
Section 22.47.020. Applicability.
Article VI
Chapter 22.80. — Definitions.
Section 22.80.020. Definition of Specialized Terms and Phrases.
ANALYSIS:
The purpose of the Development Code is to implement the City's General Plan policies by
classifying and regulating the uses of land and structures within the City. In addition, the
Development Code protects and promotes the public health, safety, and general welfare of the
residents, and preserves and enhances the aesthetic quality of the City. The Development Code
provides standards for orderly growth and development and promotes a stable pattern of land uses.
It is a tool utilized to implement the General Plan's land uses designations, thereby avoiding conflict
between land uses. The Development Code assists in protecting and maintaining property values,
and conserving and protecting the City's natural resources. Furthermore, the Development Code
facilitates in protecting the City's character, and social and economic stability, as well as'assisting in
maintaining a high quality of life without unduly high public or private costs for development or
unduly restricting private enterprise, initiative, or innovative design.
Pursuant to Development Code Section 22.44 — Land Use and Development Permits Procedures,
the City of Diamond Bar is requesting approval to amend the following Articles, Sections and
Tables of City's Development Code. The following delineates the current standards and utilizes
strikethrough and Italics to emphasize the staff recommended amendments.
Article 11
Chapter 22.10. — Commercial/industrial Zoning Districts
Section 22.10.030., Table 2-5 and Table 2-6, Commercial/Industrial District Land
Uses and Permit Requirements.
Current: (Not a listed use in these zoning districts.) This Code modification is presented
through the City Attorney's direction. Case law indicates that a discretionary review and
limiting this particular use to one or two zoning districts is a First Amendment issue.
2
There is not any justification in distinguishing a psychic reader from other office or
commercial uses by requiring a Conditional Use Permit.
Recommendation:
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
Current:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Permit Requirement By District
Land Use OP
See Standards in
OB CO Section:
Land Use
Psychic Reader P
P P
C-3 I
See Standards
in Section:
Current:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Recommended Amendment:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Permit Requirement
By District
Land Use
C-1
C-2
C-3 I
See Standards
in Section:
Psychic Reader
P
P
CUP CUP
Recommended Amendment:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Article IV
Chapter 22.44. — Applications, Processing, and Fees
Section 22.44.020. Authority for Land Use and Zoning Decisions.
The Planned Sign Program process (replaced by Comprehensive Sign Program) was to be
deleted from this Table through an amendment approved in the past. However, it was not
noted during the codification process. The Plot Plan process is an established process the
City has utilized since its incorporation to review development projects of 301 square feet or
Permit Requirement
By District
Land Use
C-1
C-2
C-3 I
See Standards
in Section:
Psychic Reader
P
P
C-1 IRP CCR P
Article IV
Chapter 22.44. — Applications, Processing, and Fees
Section 22.44.020. Authority for Land Use and Zoning Decisions.
The Planned Sign Program process (replaced by Comprehensive Sign Program) was to be
deleted from this Table through an amendment approved in the past. However, it was not
noted during the codification process. The Plot Plan process is an established process the
City has utilized since its incorporation to review development projects of 301 square feet or
larger, larger tenant improvements and complicated landscape projects which do not
required a discretionary review. This process is listed on the City's fee schedule at $170.00.
Since the Plot Plan review process is an established process utilized by the City, it should be
listed in the Review Authority Table 4-1 presented below.
Current•
Table 4-1, Review Authority, identifies the city official or body responsible for reviewing and
making decisions on each type of application, land use permit and other entitlements
required by this development code.
TABLE 4-1
REVIEW AUTHORITY
Type of Permit Decision
Director
Hearing
Officer
Planning
Commission
City
Council
Adult-oriented business/entertainer permit
Final
Appeal
Appeal
Appeal
Animal Permit
Final
Administrative Development Review
Appeal
Appeal
Administrative Development Review
Comprehensive Sign Program
Final
Appeal
Appeal
Conditional Use Permit
Final
Final
-Appeal
Appeal
Development Agreements
Recommend
Final
Development Code Amendments
Recommend
Final
Development Review
Final
Appeal
General Plan Amendments
Recommend
Final
Interpretation
Final
Appeal
Appeal
Minor Conditional Use Permit
Final
Appeal
Appeal
Minor Variance
Final
Appeal
Appeal
Comprehensive Sign Program
Final
Appeal
Planned Sign Program
Final
Appeal
Sign Permits
Final
Appeal
Appeal
Specific Plans
Recommend
Final
Temporary Use Permits
Final
Appeal
Appeal
Tree Permits
Final
Appeal
Appeal
Variances
Final
Appeal
Zoning Clearances
Final
Appeal
Appeal
Zoning Map Amendments
Recommend I
Final
Recommended Amendment:
Table 4-1, Review Authority, identifies the city official or body responsible for reviewing
and making decisions on each type of application, land use permit and other entitlements
required by this development code.
TABLE 4-1
REVIEW AUTHORITY
Type of Permit Decision
Director Hearing
Officer
Planning
Commission
city
Council
Adult-oriented business/entertainer permit
Final
Appeal
Appeal
Animal Permit
Final
Appeal
Appeal
Administrative Development Review
Final
Appeal
Appeal
Comprehensive Sign Program
Final
Appeal
Conditional Use Permit
Final
Appeal
1H
Development Agreements
Recommend
Final
Development Code Amendments
Recommend
Final
Development Review
I Final
Appeal
General Plan Amendments
Recommend
Final
Interpretation
Final
Appeal
Appeal
Minor Conditional Use Permit,
Final Appeal
Appeal
Minor Variance
Final
Appeal
Appeal
Plot Plan Review
Final
Appeal
Appeal
P!aRRGd SigA-P-F�
ARC14
Appea.1
Sign Permits
Final
Appeal
-Recommend
Appeal
Spscific Plans
Final
Temporary Use Permits
Final
Appeal
Appeal
Tree Permit
Final
Appeal
Appeal
Variances
Final
Appeal
Zoning Clearances
Final
Appeal
Appeal
Zoning Map Amendments
Recommend
Final
Chapter 22.46. — Zoning Clearances
Section 22.46.020. Applicability.
The language modification proposed below is to clarify the applicability of the Zoning
Clearance. process and pave the way for inserting the Plot Plan review process into the
Development Code.
Current•
(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. 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.
Recommended Amendment:
(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
Chapter 22.47. — Plot Plan Review.
Section 22.47.010. Purpose.
Current: (Not addressed in the Development Code. It is a process used by the staff and
listed on the City's fee schedule.)
A
Recommended Amendment:
A Plot Plan Review is a ministerial process used by the department to review residential,
commercial, industrial and institutional development to determine whether the proposed use
and/or development is allowed in the subject zoning district and complies with the applicable
development standards.
Section 22.47.020. Applicability.
Current: (Not addressed in the Development Code.)
Recommended Amendment:
(a) Required. A Plot Plan Review 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. 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 of all existing structures on the site in residential zoning districts,
retaining walls, decks, tenant improvement, and similar structures/improvements.
Where no other authorization is required, a request for Plot Plan Review shall be
approved by the department 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 applicable standards and
provisions for the category of use in the zoning district of the subject parcel and in full
compliance with this development code.
Chapter 22.48. - Development Review.
Section 22.48.020. Applicability.
The proposed language modification in this Code section is a result of very large additions
and larger homes submitted to the City. With the proposed language modification, all new
residential structures (no matter the size) will be reviewed by the Planning Commission.
Currently, if a new residential structure is less than 10,000 square feet, Administrative
Development Review is required with the Deputy City Manager as the review authority. For
commercial, industrial and institutional project, criteria has been lowered to 5,001 square
feet or more for Development Review and 5000 square feet or less requiring Administrative
Development Review.
Current•
(a) Development Review. An application for development review is required for
commercial, industrial, and institutional development, and residential projects that
propose four dwelling units or more (detached or attached) and that involve the
issuance of the building permit for construction or reconstruction of a structure(s)
meeting the following criteria:
0
(1) New construction on a vacant lot and new structures, additions to structures
and reconstruction projects which are equal to 50 percent or greater of the
floor area of existing structures on site, or have a minimum 10,000 square feet
of combined floor gross floor area; or
(2) -Projects involving a substantial change or intensification of land 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 proposed upon a
descending slope abutting a public street.
(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 the
building permit for construction or reconstruction of a structure(s) meeting the
following thresholds of review:
(1) Residential projects that propose up to three dwelling units (detached or
attached);
(2) Commercial, industrial, and institutional developments that propose up to
10,000 square feet of combined gross floor area; or
(3) Projects that did not meet the specific criteria identified in section 22.48.020
(a.), above.
Recommended Amendment:
(a) Development review. An application for development review is required for
commercial, industrial, and institutional development, and residential projects
that propose #)+w one or more single-family dwelling units 9F MeFe (detached
or attached) and that involve the issuance of the building permit for
construction or reconstruction 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 or
greater, or have 19,000 5,001 square feet or more of
combined gross floor area in any residential, commercial and industrial
zoning districts; or
(2) Projects involving a substantial change or intensification of land 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 proposed
upon a descending slope abutting a public street.
(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 the building permit for construction or reconstruction of
a structure(s) meeting the following thresholds of review:
(1)
9F attarhec-y;
(1) Commercial, industrial, and institutional developments that propose up
to 10,000-5,000 square feet of combined floor area; or
(2) Projects that do not meet the specific criteria identified in section
22.48.020(a), above.
Article VI
Chapter 22.80. — Definitions.
Section 22.80.020. Definition of Specialized Terms and Phrases.
Modification to the inoperable vehicle definition will better serve the Neighborhood
Improvement Officers when trying to remove wrecked, unsightly vehicles from private
property. Additionally, the proposed definition will be in compliance with the California
Vehicle Code.
The purpose for the definition modification of psychic reader is to further clarify this
particular use.
Current:
(i ) Definition, "i." The following definitions are in alphabetical order:
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 (i.e. -flat tire, mechanical parts missing, interior used as a storage area, etc.).
(P) Definition, "P". The following definitions are in alphabetical order.
Psychic readers. Commercial services including fortune tellers, and other types of psychic
advisors.
Recommended Amendment:
(i ) Definition, "i." The following definitions are in alphabetical order:
111
AWWNEI
111
(P) Definition, "P". The following definitions are in alphabetical order.
Psychic readers. Commercial service -iRc;ludiRg fe rtuune; telleFs, and GtheF types 9f PGYGhiG
advisers.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.
(v) Definition, "W. The following definitions are in alphabetical order.
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 vehicle identification number,
whether the vehicle has damaged, faulty or missing components, such as the engine,
battery, transmission, tires, wheels, hood, mirrors, lights, windows or windshields.
CONCLUSION:
The Staff believes that approving Development Code Amendment No.- 2003-02 will ensure the
implementation of the City's General Plan polices and objectives by classifying and regulating the
uses of land and structures within the City. Staff feels that the standards set forth in the
recommended amendment is in keeping with the purpose and intent of the Development Code, will
protect and maintain property values and will better assist the residence, development community
and the City's Neighborhood Improvement Officers.
ENVIRONMENTAL ASSESSMENT:
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.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley
Tribune on September 10, 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
September 9, 2003.
RECOMMENDATIONS:
Staff recommends that the Planning Commission adopt a resolution recommending approval of
Development Code Amendment No. 2003-02 to the City Council.
Prepared by:
Ann J. Lungu, AssoLe Planner
Attachment:
Draft Resolution
"T.
'541� PLANNING COMMISSION
RESOLUTION NO. 2003 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT
NO. 2003-02.
RECITALS.
1 The City of Diamond Bar has initiated an application for Development
Code Amendment No. 2003-02. Hereinafter in this Resolution, the
subject Development Code Amendment shall be referred to as the
"Application."
2. The Community and Development Services Department has
determined that the following modifications to the Development Code
are necessary in order to further implement the City General Plan.
Article 11
Chapter 22.10. — Commercial/industrial Zoning Districts
Section 22.10-030., Table 2-5 and Table 2-6, Commercial/Industrial
District Land Uses and Permit Requirements.
Article IV
Chapter 22.44. — Applications, Processing, and Fees
Section 22.44.020. Authority for Land Use and Zoning Decisions.
Chapter 22.46. — Zoning Clearances
Section 22.46.020. Applicability.
Chapter 22.47. — Plot Plan Review.
Section 22.47.010. Purpose.
Section 22.47.020. Applicability.
Article VI
Chapter 22.80. — Definitions.
Section 22.80.020. Definition of Specialized Terms and Phrases.
3. On September 10, 2003, notice for this project was published in the
Inland Valley Bulletin and the San Gabriel Valley Tribune. 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 Lanes, 1235 Diamond Bar
Boulevard - Albertson's and Heritage Park) on September 9, 2003.
4. On September 23, 2003, the Planning Commission of the City of
Diamond Bar conducted and concluded a duly noticed public hearing
on the Application.
5. On September 23, 2003, the Planning Commission, after due
consideration of public testimony, staff analysis and the Commission's
deliberations, has determined that Development Code Amendment No.
2003-02 attached hereto as Exhibit "A" implements the Goals,
Objectives and Strategies of the General Plan.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above
in this Resolution, pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of
the C ' alifornia Code Of Regulations and guidelines promulgated there
under, is consistent with the previously adopted Negative Declaration
No. 97-03 'for the City's Development Code. Therefore, further
environmental review is not required.
3. The Planning Commission hereby specifically finds and determines
that, having considered the record as a whole including the findings set
forth below, and changes and alterations which have been incorporated
into and conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning Commission that
the project proposed herein will have the potential of an adverse effect
on wild life resources or the habitat upon which the wildlife depends.
Based upon substantial evidence, this Planning Commission here-
by rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of Regulations.
2. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council adopt
KI
Development Code Amendment No. 2003-02 attached hereto as
Exhibit "A" and incorporated herein by reference.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council forthwith.
APPROVED AND ADOPTED THIS 23RD OF SEPTEMBER 2003, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
AN
Steve Tye, Chairman
1, James DeStefano, Planning Commission Secretary, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the Planning
Commission of the City of Diamond Bar, at a regular meeting of the Planning
Commission held on the 23rd day of September 2003, by the following vote:
.. ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
3
DEVELOPMENT CODE AMENDMENT NO. 2003-02
EXHIBIT"A99
.*Section 22.10.030., Table 2-5 and Table 2-6, Commercial/Industrial District Land* Uses
and Permit Requirements. of Article 111, Title 22 of the City of Diamond Bar Municipal
Code is hereby amended by adding the following land use as follows:
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIALANDUSTRIAL ZONING
DISTRICTS
Hearing
Officer
Permit Requirement
By District
Permit Requirement
By District
Land Use
OP
OB
Co.
See Standards
in Section:
See Standards
in Section:
Appeal
--------
Appeal
Psychic Reader
P
P
P
P P
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIALANDUSTRIAL ZONING
DISTRICTS
Section 22.44.020. Authority for Land Use and Zoning Decisions. of Article 111, Title 22
of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned
Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to
read as follows:
TABLE 4-1
REVIEW AUTHORITY
Type of Permit Decision Director
Hearing
Officer
Planning
Commission
Permit Requirement
By District
Comprehensive Sign Program
Land Use
C-1
C-2
C-3 I
See Standards
in Section:
Appeal
--------
Appeal
Psychic Reader
P
P
P P
Section 22.44.020. Authority for Land Use and Zoning Decisions. of Article 111, Title 22
of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned
Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to
read as follows:
TABLE 4-1
REVIEW AUTHORITY
Type of Permit Decision Director
Hearing
Officer
Planning
Commission
city
Council
Comprehensive Sign Program
Final
Appeal
-Plot Plan Review ---- Final
Appeal
--------
Appeal
Section 22.46.020. Applicability of Article 111, 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
Chapter 22.47. — Plot Plan Review. Section 22.47.010. Purpose. of Article III, Title 22 of
the City of Diamond Bar Municipal Code is here by inserted to read as follows:
A Plot Plan Review is a ministerial process used by the department to review
residential, commercial, industrial and institutional development to determine whether
the proposed use and/or development is allowed in the subject zoning district and
complies with the applicable development standards.
Section 22.47.020. Applicability of Article 111, 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
the 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 in
residential zoning districts, retaining walls, decks, tenant improvement,
and similar structures/improvements. However, in the Rural Residential
(RR) zoning district, the addition shall be less than 30 percent of the
existing habitable floor area of all existing structures on the site. In other
residential zoning districts, the addition shall be less than 50 percent of the
existing habitable floor area of all existing structures on the site. Where
no other authorization is required, a request for Plot Plan Review shall be
approved by the department 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
applicable standards and provisions for the category of use in the zoning
district of the subject parcel and in full compliance with this development
code.
Section 22.48.020. Applicability of Article III, Title 22 of the City of Diamond Bar
Municipal Code is here by amended by inserting the following standards 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 the building permit for
construction or reconstruction 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, or have a minimum 5,001 square feet or more of combined
gross floor area in any residential, commercial and industrial zoning
districts; or
(2) Projects involving a substantial change or intensification of land 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 proposed
upon a descending slope abutting a public street.
(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 the 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.
Section 22.80.020. Definition of Specialized Terms and Phrases of Article 111, Title 22 of
the City of Diamond Bar Municipal Code is here by amended to read as follows:
(I ) Definition, 'T" The following definition is here by deleted:
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 (i.e. flat tire, mechanical parts missing,
interior used as a storage area, etc.).
z)ecuon zz.bu.uzu, uennition of Specialized Terms and Phrases of Article 111, Title 22 of
the City of Diamond Bar Municipal Code is here by inserted to read as follows:
(P) Definition, "P". The following definitions are in alphabetical order.
Psychic readers. 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.
(v) Definition, W". The following definitions are in alphabetical order.
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 vehicle identification number,
whether the vehicle has damaged, faulty or missing components, such as
the engine, battery, transmission, tires, wheels, hood, mirrors, lights,
windows or windshields.
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NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On September 23, 2003, at 7:00 P.M., the Diamond Bar Planning Commission will hold a
regular meeting at the South Coast Quality Management District, 21865 East Copley Drive,
Diamond Bar, California.
Items for consideration are listed on the attached agenda.
1, Stella Marquez declare as follows:
I am employed by the City of Diamond Bar. On September 19, 2003, 1 posted a copy of the
Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on
September 23, 2003, at the following location:
South Coast Quality Management Heritage Park
District Auditorium 2900 Brea Canyon Road
21865 East Copley Drive Diamond Bar, CA 91765
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 22, 2003, at Diamond Bar, California.
Stella Marquez
Community and Develop-�6nt Services Department
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