HomeMy WebLinkAbout11/25/1997PLANNING
COMMISSION
AGENDA
NOVEMBER 25, 1997
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Chairman
Commissioner
Commissioner
Commissioner
Joe Ruzicka
Franklin Fong
Mike Goldenberg
Joe McManus
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 21660 E. Copley Drive, Suite 190,
and are available for public inspection. If you have questions regarding an agenda item, please call
(909) 396-5676 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
accomodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
FAA&LWAGENDADED
Please refrain from smoking, eating or drinking
in the Auditorium
The City of Diamond Bar uses recycled paper
and encourages you to do the same.
PLANNING CONIXIISSION
CITY OF DIA:N4OND BAR
Tuesday, November 25, 1997
AGENDA
Next Resolution No. 97-15
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Mike Goldenberg,
Franklin Fong, and Joe McManus
2. 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
itern 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 recording Secretary (Completion of this term is
voluntary). There is a five minute maximum time limit when addressing the Planning Commission,
3. 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:
3.1. Minutes of November 12, 1997
4. OLD BUSINESS: None
5. NEW BUSINESS: None
6. CONTINUED PUBLIC HEARING:
6.1 Draft Development Code (Zoning Code Amendment ZCA 97-1 and Negative
Declaration No. 97-3) Review of all Articles of the Draft Development Code, and
Citywide Draft Design Guidelines.
RECOMMENDATION: Staff recommends that the Planning Commission discuss the
information contained within the staff report addressing sign regulations, adult business
regulations, separation requirements for alcohol, off-site consumption, view protection,
Negative Declaration No. 97-3. and take action to recommend City Council adoption,
if appropriate.
7. PUBLIC HEARINGS: None
8. PLANNING COMMISSION ITEMS:
NOVEMBER 25, 1997 PLANNING COMMISSION AGENDA 1
9. INFORMATIONAL ITEMS:
10. SCHEDULE OF FUTURE EVENTS:
THANKSGIVING HOLIDAY - Thursday, November 27 and Friday, November 28, 1997 -
City Offices will be closed. Will reopen Monday, December 1, 1997.
TRAFFIC & TRANSPORTATION - No December meeting is scheduled.
CITY COUNCIL - Tuesday, December 2 and 16, 1997 - 6:30 p.m. - AQMD Auditorium,
21865 E. Copley Drive
PLANNING COMMISSION - Tuesday, December 9 and December 23, 1997 - AQMD
Auditorium, 21865 E. Copley Drive
TOWN HALL MEETING REGARDING ECONOMIC REVITALIZATION - Saturday,
December 20, 1997 - 9:00 a.m. - 12:00 noon - AQMD Auditorium, 21865 E. Copley Drive
PARKS & RECREATION COMMISSION - Thursday, December 18, 1997 - 7:00 p.m. -
AQMD Board Hearing Room, 21865 E. Copley Drive.
11. ADJOURNMENT: December 9, 1997
NOVEMBER 25, 1997 PLANNING COMMISSION AGENDA 2
draft
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 12, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:08 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Steve Tye.
ROLL CALL:
Present: Chairman Ruzicka, and Commissioners Fong and
McManus
Also Present: Deputy City Manager James DeStefano and
Associate Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
CONSENT CALENDAR:
1. Minutes of October 14 and 27, 1997.
C/McManus moved, C/Fong seconded, to approve the minutes of
October 14, 1997 and October 27, 1997 as submitted.
OLD BUSINESS - None
NEW BUSINESS - None
CONTINUED PUBLIC HEARINGS:
1. Vesting Tentative Tract map No. 50314, Conditional use Permit
No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1
(pursuant to Code Sections Title 21, and Title 22.56.215,
22.26 Part 16 and 22.16 Part 2) are requests to approve a 15
lot subdivision on approximately 44 acres. The average lot
size will be 2.92 acres. Six of the proposed lots are part of
two approved tracts. Therefore, VTTM 50314's development will
result in a net increase of 13 residential lots. The project
site is within Los Angeles County Significant Ecological Area
No. 15. The Zone Change will convert the current zoning of R-
1,200 and A-2-2 to R-1-40,000. (Continued from October 14,
1997).
Project Address: Southeast of the most southerly
intersection of Steeplechase Lane
and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill Development,
3480 Torrance Boulevard, Suite 300,
Torrance, CA 90503
NOVEMBER 12, 1997. PAGE 2 PLANNING COMMdE8X3{
Staff recommends that the Planning Commission continue the
public hearing for VTTM 50314, Zone Change No. 96-1,
Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and
Mitigation Monitoring Program and EIR No. 97-1 (SCH 96-
0711104) to December 9, 1997.
There was no one present who wished to speak on this item.
C/McManus moved, C/Fong seconded, to continue Vesting
Tentative Tract Map No. 50314, Conditional Use Permit No. 96-
1, Oak Tree Permit No. 96-1 and -Zone Change 96-1 to December
9, 1997. The motion was carried 3-0.
2. Draft Development Code (Zoning Code Amendment 2CA 97-1 and
Negative Declaration No. 97-3). Review of all Articles of the
Draft Development Code, Draft Subdivision Code, and Draft
Design Guidelines.
DCM/DeStefano presented staff's report. Staff recommends that
the Planning Commission discuss the information contained
within the staff report addressing sign regulations, adult
business regulations, view protection and Negative Declaration
No. 97-3 and continue discussion of this item to November 25,
1997.
Chair/Ruzicka recommended that staff analyze 750 feet to
determine if that separation standard would be a sufficient
number of feet to accommodate this land use. The Commission
concurred.
DCM/DeStefano stated staff will bring a proposed Ordinance
before the Commission for its consideration as well as, the
750 foot analysis.
Steve Tye asked if with the 500 foot limitation the Corporate
Center is prevented from accommodating adult businesses.
DCM/DeStefano responded that the Corporate Center is prevented
from having these types of businesses because it is not an
industrially zoned area.
Mr. Tye asked what would happen if a church wished to locate
in the immediate area of an existing adult business.
DCM/DeStefano stated that if the existing adult business was
legally established it is considered to be non -conforming and
may remain in place if a church chooses to move into the
immediate area.
DCM/DeStefano confirmed Mr. Tye's statement that because the
accommodating land use zone is confined to 13 City acres, it
does not mean that an adult business could consume the entire
13 acre area.
NOVEMBER 12, 1997 PAGE 3 PLANNING COMMIdffigi
Mr. Tye commented that it will be easier for the City to
prevent adult businesses from entering the City than to remove
them after the fact and he asked the Commission to provide the
most restrictive ordinance possible at the outset. He asked
the Commission to consider City's enacted ordinances as well
as, other City's pursuits of eliminating adult business.
Clyde Hennessee asked if the proposed ordinance can exceed the
City's boundaries for enforcement purposes.
DCM/DeStefano stated that the proposed ordinance is confined
to the City of Diamond Bar.
Mr. Hennessee asked how the City of Los Angeles is able to
limit the number of liquor stores that can be built in certain
areas. He said he is concerned about stores that offer drug
related paraphernalia locating in the City.
DCM/DeStefano stated that stores offering drug related
paraphernalia is a different type of land use from adult
businesses.
DCM/DeStefano explained that whether or not a business is
considered an adult business is dependent upon the percentage
of business related materials offered for public consumption
such as the amount of adult magazines or adult videos offered
at a liquor store, for instance. With respect to on-site and
off-site alcoholic beverage sale, staff is considering a land
use ordinance appropriate to Diamond Bar.
DCM/DeStefano responded to C/McManus that in order to
determine proper land use, City code enforcement personnel and
under -cover Sheriff's Department. officers are frequently
dispatched to locations within the City to inquire about
products and services.
DCM/DeStefano talked about the changes included in the
Hillside Management Ordinance and the corrections to the Draft
Development Code Articles.
Chair/Ruzicka asked that Item A. under Exemptions on the
October 29, 1997 revision Page III -162 be corrected to read in
accordance with the change requested by the Planning
Commission at its August 26, 1997 meeting. The correct
wording reads as follows: (inserted from the August 26 1997
meeting minutes, Page 5, Paragraph 6) "Trees, except those
designated by the City Council as a historical or cultural
tree, and trees required to be preserved, relocated or planted
as a condition of approval of a discretionary permit, located
on all developed properties prior to adoption of this
Development Code."
DCM/DeStefano stated that staff intends to present the
Commission with' a completed Draft Development Code for
discussion and action on November 25,.1997.
NOVEMBER 12, 1997 PAGE 4 PLANNING COMMf691
There was no one present who wished to speak on the
Development Code.
C/Fong moved, C/McManus seconded, to continue the Draft
Development Code discussion to November 25, 1997. The motion
was carried 3-0.
PUBLIC HEARINGS - None
PLANNING COMMISSION ITEMS:
Responding to C/Fong, DCM/DeStefano explained that the Shell
Service Station at the northwest corner of Brea Canyon Road and
Diamond Bar Boulevard was unable to relocate or replace the Tea
Tree with the same species of tree as recommended by the Planning
Commission.
C/Fong expressed his disappointment that the South Pointe developer
was unable to provide oak trees for the Cal -Poly Pomona experiment.
DCM/DeStefano responded that as a result of a private agreement,
Mr. Arciero agreed to have Valley Crest remove trees to the Cal -
Policy site. However, when the project was sold to Standard
Pacific, the details of the arrangement were left out of the sales
agreement and the remaining trees were found to be unsuitable for
relocation.
C/McManus congratulated Chair/Ruzicka on running a good campaign
for City Council. The City Council's loss is the Planning
Commission's gain.
INFORMATIONAL ITEMS:
DCM/DeStefano presented the Metricom Ricochet Micro -Cellular Data
Network report for informational purposes only. He advised the
Commission that the City Council will at a future Council meeting
consider entering into a contract to permit this type of use within
the City's public right-of-way.
DCM/DeStefano responded to Chair/Ruzicka that this provider will
not replace current provider systems.
DCM/DeStefano announced the November 20, 1997 East San Gabriel
Valley Planning Committee dinner. The presentation topic is "big
box" retail in the San Gabriel Valley. He asked interested
Commissioners to register by Friday, November 14, 1997.
DCM/DeStefano announced that the City received Planning
Commissioner Schad's written resignation from the Planning
Commission at 4:00 p.m. today, November 12, 1997.
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
NOVEMBER 12, 1997 PAGE 5 PLANNING COMM&afJ
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 8:50 p.m. to
Tuesday, November 25, 1997 at 7:00 p.m. in the South Coast Air
Quality Management District Auditorium.
Respectfully Submitted,
Deputy City Manager James DeStefano
Attest:
Joe Ruzicka
Chairman
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: CHAIRMAN AND PLANNING COMMISSION
FROM: CATHERINE JOHNSON, SENIOR PLANNER G�
SUBJECT: HEARING DRAFT DEVELOPMENT CODE
DATE: NOVEMBER 18, 1997
INTRODUCTION
Prior to making a recommendation on the Development Code, the
Planning Commission must reach a consensus on several important
outstanding issues: adult-oriented businesses; signs; view protection
and separation requirements for alcohol beverage sales for off-site
consumption. The following report discusses these issues and
concludes with a staff recommendation for each subject area.
Additionally, prior to making a recommendation, the Planning
Commission should review and discuss the initial study.
There are also additional pages, including revisions to the Citywide
Design Guidelines which are discussed below.
The Subdivision Code will not be part of the recommendation. The
consultant is still in the process of making staff changes. The
completed draft will be transmitted to you as soon as it is available. ,
ADULT-ORIENTED BUSINESSES
The Planning Commission has directed staff to prepare the most
restrictive adult-oriented business regulations permitted by law. In a
memo to the Planning Commission dated November 4, 1997
(attached) staff provided an overview of this issue and presented the
results of additional staff research. It was stated that draft
regulations were being prepared and would be reviewed by the City
Attorney.
The draft regulations and the City Attorney's review have been
completed. The primary features of these regulations are: a 500'
separation requirement from other adult businesses, churches and
schools; the allowance of adult-oriented businesses only within the
Light Industry (1) zone subject to approval of a Conditional Use Permit
(CUP) and extensive design and performance standards.
Staff is recommending a 500' separation requirement. This is based
on staff's analysis of the distances between the City's industrially
designated sites from schools and residential areas. At a distance of
300' it was found that there are approximately 28 acres of available
property, at 500' there are 13 acres, at 750' there are 4 acres and
at 1,000' there are 3 acres. It is important to clarify that the
specified acreage refers to the total area within the industrial
designation (excluding streets) and doesn't represent the total useable
area, This area is predominantly built -out and in addition to the
existing buildings, a portion of this acreage is devoted to parking,
drive aisles and landscaping. Staff believes that a 500' separation
requirement allows an adequate number of sites in compliance with
the law and still provides adequate separation to minimize the impact
on surrounding properties.
The City Attorney's primary
concern with the draft regulations is the
requirement for a CUP. He
stated that based on
case law, the
requirement for a CUP or
any discretionary permit is
considered a
violation of the First Amendment. Land uses that
are protected
under the First Amendment
may be regulated as to
the manner of
their conduct but not the
nature of the business.
For example,
discretionary review for an
adult bookstore, but not
a bookstore of
general interest would be
considered a violation
of the First
Amendment because it is
the adult material that
is subject to
discretionary review, not the
bookstore as a land use.
The manner in which an adult business is operated has been found
by the courts to be adequately regulated through separation
requirements and design and performance standards which address the
secondary impacts of adult-oriented businesses (i.e. noise, congestion,
deteriorating property values).
While, the City Attorney has stated that he does not support the
requirement for a CUP, he has indicated his support of staff's
proposed regulations if the requirement for a CUP is replaced with
provisions for an Adult -Oriented Business Permit.
2
Revising the proposed regulations in this manner means eliminating the
requirement for a CUP, with the rest of the regulations remaining the
same. An "Adult -Oriented -Business Permit" would be approved by the
Deputy City Manager, subject to a background investigation and
compliance with the separation requirements and design and
performance standards. As noted in the previous memorandum, a
nondiscretionary permitting process is utilized in other City's in the
area, including Brea, Rancho Cucamonga, and San Capistrano. These
regulations tend to be more current than the cities surveyed which
require a CUP which including, Walnut, Arcadia, Alhambra.
In order to
provide the Commission with alternatives, staff
has
prepared two
versions of
the Adult -Oriented Business regulations.
The
first version
"Exhibit A"
includes the provisions for a CUP.
The
second version, "Exhibit
B" includes provisions for a non -discretionary
Adult -Oriented
Business
Permit. Both have been formatted to
be
inserted in the proposed
Code.
RECOMMENDATION
Staff recommends that the Planning Commission review the attached
materials and direct staff as appropriate.
SIGNS
The Planning Commission also directed staff to prepare sign
regulations that are as restrictive as the law will allow regarding
English language requirements. As noted in the Planning Commission
memorandum dated October 23, 1997 (attached), a local sign
ordinance with a requirement for 50% English was overturned by the
Court because it was found to be a violation of the freedom of
speech, equal protection and due process rights. The court stated
that the language chose by the user was an expression of culture
and national origin.
The proposed regulations require that signs with copy in a foreign
language provide a generic translation of the nature of the business.
The City attorney has reviewed this language and found it to be
legally acceptable.
3
RECOMMENDATION FOR SIGNS
Based on staff's research and the advice of the City Attorney, it is
recommended that the language in the Development Code pertaining
to signs remain as proposed. It is further recommended that the
Commission add a requirement under Section 22.36.030.E General
Provisions for All Signs as follows, "All commercial businesses shall
contain the address or unit number or letter of the occupant. Unit
numbers shall be in the English alphabet. Address numbers shall be
in Arabic numerals. All letters and numerals shall be provided in
digits which are visible from the adjacent street or parking lot drive
aisle."
As an alternative, if the
Planning
Commission
wishes to recommend a
requirement
for 50%
English,
staff has prepared
the appropriate
language to
be inserted
in Section 22.36.030
E. stating, "A minimum
of 50% of
sign copy
shall be
in English
characters." Staff has
prepared this
alternative
language
for insertion
in the Code.
VIEW PROTECTION
View protection has also been an important issue. As discussed in
the memorandum dated October 23, 1997, the Commission had
previously concurred that view protection standards similar to those
adopted by the City of Laguna Beach would be appropriate for
Diamond Bar. However, the October 23rd memorandum contained an
analysis of the Laguna Beach ordinance and staff's recommendation
for a City created pamphlet integrating the best features of the
Laguna Beach ordinance and Berkeley's standards. This booklet would
be available at the public information counter to any resident with
concerns about this issue, or any resident or developer who comes
into the City for Building or Planning permits or other approvals.
RECOMMENDATION
Staff recommends that the Planning Commission consider and discuss
alternatives to the inclusion of a view protection process within the
Development Code.
ALCOHOL SALES, OFF-SITE CONSUMPTION
A recent applicant requested approval of a CUP for alcohol sales for
off-site consumption at a convenience store located at a service
station. This request was denied by the Planning Commission, and
4
one of the primary reasons cited was the availability of alcohol within
close proximity to a school. It was found that this proximity could
prove to be an attractive nuisance to students and could contribute
to loitering and other illegal activities. Further, it was contended that
the availability of beer and wine at this location could increase the
possibilities of disorderly conduct by adults and interaction with
juveniles.
Based on this determination staff proposes that the Planning
Commission consider the inclusion of separation requirements within
the new Development Code.
In order to provide the Planning Commission with additional
information for discussion, several other cities were surveyed for their
separation requirements including: Anaheim, Arcadia, Brea, Buena Park,
Costa Mesa, Downey, Fountain Valley, Fullerton, Garden Grove,
Huntington Beach, LaCanada-Flintridge, Laguna Beach, La Habra, La
Habra Heights, Lake Forest, Laguna Nigel, Ontario, Pasadena, Rancho
Cucamonga, Whittier, San Bernardino and West Covina.
Of the cities surveyed, Downey, Arcadia, the City of Huntington
Beach, Whittier and San Bernardino have standards regarding the sale
of liquor for off-site consumption.
Downey: No combined service station and convenience market shall
be located within 1,000 feet of a school, public park, or another
combined service station and convenience market.
Arcadia: Conditional Use Permit required for any retail business selling
liquor for off -premise consumption located in zones CPD -1, C-1, C-2,
C -M or any less restrictive zone, and located less than one hundred
fifty (150) feet from residentially zoned property (Added by Ord. 1893
adopted 9-6-88).
City of Huntington Beach: CUP is required except the following
businesses are exempted from CUP on-site or off-site consumption:
(1) Retail markets with no more than 10% of the floor
area devoted to sales, display, and storage of
alcoholic beverages provided the sale of alcoholic
beverages is not carried on in conjunction with the
sale of gasoline or other mother vehicle fuel.
5
(2) Restaurants, bars liquor stores that are located 300
feet or more from any R or PS district, school,
church, or public use.
(3) Florist shops offering the sale of a bottle of an
alcoholic beverage together with a floral arrangement
Whittier: CUP required within the C-2 zone. Alcoholic beverage sales,
if such use is proposed to be located on a lot, the boundaries of
which are within three hundred of a lot upon which a commercial
recreation facility is located, or if such lot is located within one
hundred fifty feet of an R -zoned lot.
City of San Bernardino: A business or establishment requiring issuance
of an "ABC" license is subject to a Conditional Use Permit, except
establishments containing 25,000 square feet or more which does not
sell alcoholic beverages as its principal business, and shall, comply
with the following standard(s), in addition to conditions imposed by
the Commission:
The above structures, subject to an off-site "ABC" license shall
not
be located within 500 feet of
any religious
institution, school,
or
public park used for residential
purposes; and
shall not be located
in
such close proximity to another
similar use to
cause oversaturation
of
the neighborhood. The license
application shall be reviewed by
the
Police Department Prior to City
approval.
Current City Standards The current Code requires a Conditional Use
Permit for the sales of beer and wine concurrent with the sale of
motor vehicle fuel, within the CPD, C-1, C-2 and C-3 zones and
permits this use by right within •the M-1.5 zone. Within the C -M
zone a Conditional Use Permit is required for alcohol sales for on or
off-site consumption. There are no separation requirements for on or
off-site consumption in any zone within the City.
Proposed Development Code The proposed Code permits the sale of
alcoholic beverages for off-site consumption by right within the C-1,
C-2, C-3, OP, OB and CO zones. There are no separation
requirements currently proposed.
School Sites There are currently 12 public school site within the City.
Of these site, the following schools are located within 1,000' of a
commercial zone; Lorbeer Middle School, located on Diamond Bar
Boulevard and Golden Springs, Diamond Bar High School located on
0
Pathfinder, Armstrong Elementary School located on Beaverhead, north
of the 57 Freeway, Walnut Elementary School, located at the
southeast corner of Lemon and Lycoming, Castle Rock Elementary on
Castile Rock in the vicinity of Brea Canyon and Diamond Bar Blvd.
The closest schools are Diamond Bar High School and Lorbeer Middle
School which are both 100' from commercially zoned property.
Staff has raised this issue with the City Attorney. According to his
staff "a reasonable distance requirement would likely be found to be
a valid exercise of the City's land use authority."
Determining what a "reasonable distance" is, is another matter. As
can be seen in the cities surveyed, distances range from 150' to
1,000.' When staff asked the responding cities why the separation
distances were selected, a definitive answer wasn't received.
When determining a distance there are two parameters. First, the
distance must be adequate to achieve of the goal of providing an
adequate separation from sensitive uses and second, the distance
must not be so great as to ban this use from commercial zones.
Appropriate separation is not just a characteristic of distance, but also
of accessibility. A school which is separated from a liquor store by
a 120' major arterial may be less accessible than a school which is
300' from a liquor store on the same side of the street.
RECOMMENDATION
Based on staff's research,
there are not a
significant number of
schools located
immediately
adjacent to commercial zones. Therefore
it is recommended
that a
separation requirement of 150' feet be
imposed. This
distance is
greater than the
widest roadway in the
City, (portions
of Diamond
Bar Blvd, with a
ROW width of 120')
requiring at a
least a street -widths distance
from schools. Please
note that if
the Planning
Commission
concurs with this
recommendation
it has been
added as 'a note
to alternate pages II -21
and II -17.
REVISED PAGES
Also included within your packet are revised pages. These changes
are described below. Please note that these pages are double -side
and are meant to replace the existing identically number pages.
Please also note that at the request of the Planning Commission the
7
graphics have been numbered. Many of the replacement pages
contain only this revision.
As a reminder, the revisions have been done in the following manner:
The bold extended typeface represents a Planning Commission addition
or revision. The bold condensed typeface is a staff revision.
Deletions are shown by a strikeout. Planning Commission deletions
that are not accompanied by revised text are indicated with an
asterisk. Planning Commission changes in this list are noted with a
"PC."
Article I
Pg. 1-13 Previous correction re: Private Agreements, existing and
corrected language now shown.
Article
Pg. II -12 Front yard setback changed to 20' in RMH for consistency
Pg. II -17 Page with separation requirements for alcohol selling uses
Pg. II -18 Added hotels as permitted within OB
Pg. II -19 Add recycling reverse vending machines and recycling small
collection facilities to the C-2 and C-3 zones
Pg. 11-20 Two versions, showing adult business regs with CUP or P
Pg.
II -20
Added
specialized education
and training to I zone
Pg.
11-20
Added
convenience store as
permitted within the I zone
Pg.
II -21
This
was transmitted last
week but it wasn't done in bold
to reflect
staff
change. CUP added
for drive-in and drive-thru sales
Pg.
II -22
Ambulance
services added as permitted uses within C-2, C-3
and
I zones
Pg.
II -22
Make
sure that telecommunications are deleted from this
list.
Pg.
II -22
Added
transit stations and
terminals and parking facilities to
zone
E
Pg.
II -22
Added
indoor
storage as permitted
in
the
C-3 zone
Pg.
11-33
Second
Units
are permitted within
the
AG
zone.
Article
Pg. III -7 Top of page C. last sentence is deleted, add "All land use
activities shall be conducted in a manner consistent with the
provisions of the South Coast Air Quality Management Plan. This is
consistent with language in the General Plan.
Pg.
III -8
Revision to
height measurement
Pg.
III -13
3 reword
sentence for clarity in hi
Pg. III -118 D.5 Deleted three sides, since the entire storage area
should be screened.
Pg. III -21 22.18.020 B. 4. Priority to Diamond Bar residents. subject
to compliance with other criteria outlined in this section, priority for
occupancy of proposed dwelling units shall be provided to existing
Diamond Bar residents or employees in the Community. This reflects
language in the General Plan.
Pg. III -32a Corrected page, previously B. was left off.
Pg. III -40 22.22.080 Grading, changes to CUP, from , Development
Review, consistent with the determination that projects in hillside
areas would be subject to a CUP.
Pg.
111-44
A. Grading standards
added language to paragraph 4
Pg.
III -45
6. Defining setbacks
from edge of building pad, to create
adequate
buildable area and separation between buildings.
Pg.
III -63
22.22.150 Changes to
Conditional Use Permit
Pg.
III -69
Language added to
landscaping requirements to reflect the
requirements of General Plan Resource Management Element
Pg.
III -98
22.30.050. Sentence
added implementing GP strategy 4.1.2
Pg.
III -102 Changes to parking
stalls (PC)
9
Pg. III -128 Graphic Added for sign height
Pg. III -129 Change in definition for measurement of height, "average"
grade definition is being recommended to be eliminate because of
problems with the artificial raising of the grade in hillside area to
allow taller structure, especially when viewed from the rear.
Pg. III -130 . Section 22.36.030.E Language added regarding
requirements for signs in English.
Pg. III -132 Menu boards have been added under D.
Pg. III -133 22.36.060'B. Delete first sentence. This would be covered
under variance section.
Pg. - III -134 F. Delete last sentence. Minor CUP required for
Comprehensive Sign Permit, this wasn't clear.
Pg. III -135 22.36.080 F deleted incorrect reference
Pg. 111-140 Special event sign periods increased for consistency with
current code
Pg. 111-143 Changed table for clarity to reflect compliance with L.A.
Country Fire Department requirements
Pg. III -145 Added near unit entrance for clarity
Pg. III -148 -Change to tree exemption (PC)
Pg. III -149 22.38.080 B has been struck out because it's redundant
Pg. 111-72 22.26.040 A.1. add f. Where possible, the use of mulch is
encouraged in landscape areas to improve the water -holding capacity
of the soil by reducing evaporation and soil compaction. This is
consistent with language within the General Plan.
Pg. III -179a Second kitchens permitted in RR zone.
Pg. III -180 Telecommunications Facilities note added re moratorium for
clarity.
10
Pg. VI- Adult Business regulations expanded definitions have been
added to reflect revised regulations
Pg. VI -6 The definitions for cellars and basements has been modified
to non -habitable, which essentially means that these areas may be
used for storage, such as a wine cellar but may not be used for
sleeping quarters.
Pg. VI -19 Average finish grade has been deleted
Citywide Design Guidelines
Pg. 7 Site Planning and Pg. 12 Architecture Additional guidelines have
been added in compliance with the General Plan Resource
Management Element
INITIAL STUDY
Please refer to the October 23, 1997 memorandum for the discussion
on the Initial Study. It is important that this item is discussed and
that the Commission is satisfied with this document, prior to making
a recommendation on the Development Code.
RECOMMENDATION
Staff recommends that the Planning Commission discuss the
information contained within the staff report addressing sign
regulations, adult business regulations, separation requirements for
alcohol, off-site consumption, view protection, Negative Declaration No.
97-3 and take action to recommend City Council adoption, if
appropriate.
Attachments:
Planning Commission Memorandums, October 23, 1997, November 4,
1997
Proposed Adult Business Regulations; Exhibit A, Exhibit B
Revised Pages
PC Resolution 97 -XX for Draft Development Code
PC Resolution 97 -XX for Draft Citywide Design Guidelines
11
r
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: CHAIRMAN AND PLANNING COMMISSION
FROM: CATHERINE JOHNSON, SENIOR PLANNER C�
SUBJECT: ADULT ORIENTED BUSINESS REGULATIONS
DATE: NOVEMBER 4, 1997
INTRODUCTION
At its October 14, 1997 meeting, the Planning Commission concurred
that the adult oriented business regulations within the new Code
should be the most restrictive permitted by law.
Since that time staff has done further research on this issue and has
drafted revised regulations which are currently being reviewed by the
City Attorney. Summarized below are the results of staff's additional
research and a description of the revised regulations. Also included
are the City's current regulations and L.A. County's business license
regulations for adult businesses.
In researching this issue staff, contacted John Cavanaugh, a local
attorney with expertise in the area of adult business regulations and
the co-author of a model ordinance which was presented at last
years League of California Cities Planners Institute. The model
ordinance is attached for your information. Additionally, staff
contacted several other local cities and obtained their regulations. A
summary of the primary features of these regulations is included in
this report.
CONSTITUTIONAL REQUIREMENTS
Like sign regulations, adult businesses are protected under the First
Amendment. The negative secondary effects associated with adult
oriented businesses (i.e. noise, congestion, deteriorating property
values, etc.) have been recognized by the United States Supreme
Court as a legitimate basis to regulate, adult uses provided that the
regulations include basic constitutional safeguards for activities
protected by the First Amendment. This means that .the regulations
must be "content neutral" i.e. the secondary impacts may be
regulated but the activity itself must be permitted as an expression of
free speech.
In determining the constitutionality of adult oriented business
regulations, the Supreme Court uses the same four-part test applied
to sign regulations: the regulations must concern lawful activity; they
must assert a substantial government interest; they must, directly
advance the government interest asserted; and they can be no more
extensive than necessary to serve that interest.
CURRENT CITY STANDARDS
The City's
current Planning and
Zoning
Code permits adult oriented
businesses
within the C-3,
(Unlimited
Commercial), the M-1.5
(Restricted
Heavy Manufacturing),
M-2 (Heavy Manufacturing) and M-4
(Unlimited
Manufacturing) zones
subject to
approval of a Conditional
Use Permit
and provided it is not within
a 1,000 foot radius of any
other adult
business. Additionally, the
following findings must be
made:
1. The requested use at the proposed location will not
adversely affect the use of a church, temple or other
place used exclusively for religious worship, school, park,
playground or similar use within a 500 foot radius.
2. The requested use at the proposed location is sufficiently
buffered in relation to residentially zoned areas within the
immediate vicinity so as not to adversely affect said
areas; and
3. The exterior appearance of the structure will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction within
the immediate neighborhood so as to cause blight,
deterioration, or substantially diminish or impair property
values within the neighborhood.
2
BUSINESS LICENSE PROCESSING
When the City incorporated in 1989, the L.A. County Municipal Code
was adopted and became the City of Diamond Bar Municipal Code.
Business licenses are issued through the County of Los Angeles for
specific types of businesses within the City and subject to the
Municipal Code provisions adopted by the City at the time of
incorporation. Among the uses requiring business licenses are adult
bookstores, adult entertainment, adult picture arcades and adult
theaters. Applicants for a business license are required to file an
application with the County and a public hearing is required.
Business licenses are issued for a. period not exceeding one year and
the uses listed above are subject to a renewal hearing.
Entertainment uses must also obtain an entertainment license which is
subject to application requirements and a public hearing.
In addition to the provisions that the City chooses to adopt for adult
businesses, these uses will also continue to be subject to the County
business licensing requirements.
ADULT-ORIENTED REGULATIONS FROM OTHER CITIES
City of Walnut (4/95)
Adult businesses are permitted in the M-1 zone subject to approval of
a Conditional Use Permit. Separation requirements: 500' from
residentially zoned areas, 1,000' from any other adult entertainment
business, and 1,000' from any church, public or private school,
college, park, library or public playground, buildings and facilities
owned and maintained by any public entity for public use or any
non-commercial establishment operated by a bond fide religious
organization, or any establishment likely to be used primarily by
minors.
City of Brea (7/93)
Adult Entertainment Zoning Permit required, subject to Director
approval within 30 days after receipt of complete application.
Permitted within the City's Industrial/Manufacturing zones (M -P, M-1,
M-2). Separation requirements: 1,000 feet from any other adult
entertainment establishment; 1,000 feet from any school, park,
hospital, publicly operated facility, existing residential dwelling, or
residentially zoned property.
3
City of Rancho Cucamonga (3/96)
Permitted within the Industrial Area Specific Plan, zoning district. An
Adult Entertainment Zoning Permit is required, subject to approval by
the City Planner. Separation requirements: 1,500' from any other
adult entertainment establishment; 1,500' from any existing residential
dwelling, residentially zoned property, church or similar place of
worship, school or daycare facility, park or playground, recreational
facility, hospital, public buildings (i.e. City Hall, County Offices,
courthouses, libraries, etc.) and 1,500 feet from the right-of-way of
specific roadways and the 1-15 Fwy.
City of San Juan Capistrano (draft 9197)
Permitted within the CM (Commercial Manufacturing) and MP
(Industrial Park) zoning districts. An Adult -Oriented Business Permit,
Adult Oriented Business Performer Permit is required subject to
approval by the Planning Director. Separation requirements: 300' from
any residential zone or use unless the proposed location of the Adult -
Oriented Business is physically separated from the residential zone or
use by a freeway or storm drainage channels; 300' from any lot
upon which there is properly located a public park, school (public or
private) or religious institution, unless the proposed location is
physically separated as for residential uses; 1,000' from any other
adult oriented business.
Temple City (rev. 6/94)
Adult businesses are permitted by right within all zones except
residential. The separation requirements are applied to all zones
within the City except specified portions of the M-1 zoning districts.
Separation requirements: 600' feet from a public or private school,
300' from a residentially zoned property, 300' from premises selling
alcoholic beverages and 1,000' from another adult oriented business.
City of Arcadia (7/88)
Permitted within the M-1 and M-2 zones, subject to a Conditional
Use Permit. Separation requirements: 100' from another adult
business; 500' from any commercial zone; and 750' from any
residential zone.
City of Alhambra (6/89)
Permitted only within the Commercial Planned Development (CPD) zone
subject to a Conditional Use Permit. Separation requirements: 500'
from any other adult. business; 250' from any R-1, R-2 or R-3 zone;
500' from any educational institution or church; 500' from businesses
where there is on-site alcohol consumption.
4 `
City of Westminster (8/97)
A Permit is required. subject to public hearing before the Planning
Commission. Separation requirements: 200' from another adult use,
from any residential zone and from the real property boundaries of a
church, temple or other place of religious worship, school, park,
playground, or mobile home park.
MODEL ORDINANCE
As part of our research, staff has reviewed a "model ordinance"
created by a task force formed under the auspices of the City
Attorney's Department of the League of California Cities, specifically
created to address this issue.
The City of San Juan Capistrano has recently proposed an adult
oriented business ordinance based on this model. A copy of the
draft ordinance is attached for your review.
The model ordinance was presented. to the Planners Institute at its
March 1997 conference. Along with th,e model ordinance a report
was also provided discussing its purpose and outlining recent case
law and legislative developments regarding adult businesses. In the
following paragraphs a summary of this information is provided, as
well as a description of the primary features of the model ordinance.
In order to be valid, zoning regulations must provide a genuine
opportunity for adult oriented businesses to establish and operate.
The determination of validity is a function of two interrelated issues,
the quality of sites and the quantity of sites.
Based on case law, zoning regulations can't be so restrictive so as to
result in a "de facto" prohibition of all adult businesses. The zoning
district and proximity designations must be determined on a case-by-
case basis by each City adopting regulations.
The. Courts have not provided any set formula as to how many
locations must be available for adult oriented business in order for the
regulations to be constitutional. At least two courts have held that
if more sites are available than the number of businesses which
demand them, the number of sites is not unreasonable.
The: quality of the site is the second issue. The Courts have stated
"property is not potentially available when it is unreasonable to
5
believe that it would ever become available to any commercial
enterprise" Sites located in manufacturing and industrial zones must
be "reasonably accessible to the general public, must have proper
infrastructure such as sidewalks, roads, and lighting" and must be
generally suitable for some commercial enterprise, whether or not the
site suits the particular needs of an adult business.
However, locational criteria alone may not adequately protect
communities from the negative secondary side effects associated with
adult businesses. Because of this, local governments can enact
zoning regulations that are applicable only to adult business uses.
Licensing requirements applicable only to such uses are also valid.
Licensing and operational regulations facilitate the enforcement of
locational and distancing requirements under the zoning regulations.
They also facilitate enforcement of applicable criminal laws, such as
those against prostitution, obscenity, the employment of minors as
nude dancers, as well State Labor Code regulations. Finally, they
mitigate the negative secondary effects cites by the courts in various
cases.
According to its authors, the purpose of the model ordinance is to
"balance the interests of communities to control the adverse
secondary effects of adult business uses and the constitutional rights
of the proprietors, employees, and customers of adult oriented
businesses."
The primary features of the model ordinance are: identification of the
zone or zones in which adult oriented businesses are allowed;
separation requirements from "sensitive" uses; provisions for adult
oriented business permits and performer permits; and development and
performance standards.
In the model ordinance, adult oriented businesses are restricted to one
or more designated zoning district and are further prohibited from
locating in close proximity to sensitive uses such as parks, schools,
churches, and residences as well as other adult businesses.
One of the most important features of the model ordinance is the
establishment of permit requirements for the owners and operators of
adult oriented businesses and for their performers. This process
allows staff to insure that the provisions of the ordinance, including
the proper zoning, separation requirements and other standards are
met prior to issuance of a permit.
M
The model ordinance also contains development and performance
standards. These standards are specifically designed to. mitigate the
potential secondary negative effects of adult businesses and in no
way prohibits the conduct of these activities. Compliance with these
standards must be demonstrated prior to issuance of an adult-oriented
business permit. Failure to comply can result in the license's
revocation.
PROPOSED CITY STANDARDS
As noted above, .the current Planning and Zoning Code permits adult
businesses within the C-3 and Industrial zoning designations subject to
approval of a Conditional Use Permit..
The hearing draft Development Code proposes limiting adult businesses
to the Light Industrial (1) General Plan land use designation. These
areas are located north of the 60 Freeway, generally adjacent to the
City's northwest boundary. This area is separated from the majority
of the City's residential uses, schools, churches, daycare centers,
parks and playgrounds. Further, the proximity of the freeway
provides a boundary for the industrial areas, separating them
physically and by locational identity, from the bulk of the City east
of the 57 Freeway.
Of the City's twelve public school sites, the Walnut Valley Elementary
School, located at the southeast corner of Lemon Avenue and
Lycoming Street is the only school located in this area. The next
closest school is the South Pointe Middle School, located a little less
than 3/4 of a mile to the south of this area on Larkstone Drive.
The next closest school is Diamond Bar High School which is 1.5
miles to the south on Pathfinder Road. The closest park is Starshine
Park, which is located approximately 1 mile to the south on Starshine
Road. There is one daycare center in the general area, located at
the southwest corner of Brea Canyon Road and Lycoming Street.
As can be seen from the sampling of other local cities, the
separation requirements from sensitive uses varies from city to city,
with some cities proposing distances as great as 1,500' and others
as little as 200.' Determining appropriate distance requirements is
dependent on many factors including the size of lots, the density of
development and the existing land use patterns.
7
In many cities, industrially zoned properties are often on the outskirts
of town, away from residential areas. Because of the way that
Diamond Bar developed prior to incorporation, there are single and
multi -family residential uses adjacent to industrial uses. This has
made providing adequate distances, while providing an adequate
number of viable sites for adult businesses a challenge.
When assessing the number of viable sites for adult businesses, staff
measured distance of 300' and 500' from the nearest residential uses
and schools. At a distance of 300' it was found that there were
approximately 28 acres of available property within the industrially
designated area. When measuring a distance of 500' from these
uses there were found to be approximately 13 acres. These sites
are generally composed of individual units within industrial business
park type buildings.
Previously, staff recommended a separation of 300' from residential
uses and schools to insure a sufficient number of sites. Since
making this recommendation, staff has done further research. Based
on this research and as noted above, it was found that it is the
current legal opinion that the number of available sites must exceed
the number of business which demand them, and that these sites
must be reasonably accessible to the general public.
Since there has been virtually no demand to locate adult businesses
within the City very few sites are required in order to exceed this
demand. Further, City's industrial areas generally have the necessary
infrastructure and roadways in place.
RECOMMENDATION
Staff recommends increasing the separation requirements to a
minimum of 500' feet from all schools and daycare centers, single
and multi -family residences, parks, playgrounds and churches or other
places of worship. Additionally, 500' will be required between adult
businesses.
Further, staff is proposing to significantly expand the proposed
Chapter regulating adult business to include many of the features of
the model ordnance and a similar ordinance that was created the City
Attorney (attached). These expanded provisions will include
requirements for approval of an Adult Oriented Business Permit and
procedures and requirements for, applications, investigation, design
M
' standards and performance standards. This chapter has been drafted
and is currently being reviewed by the City attorney.
It is recommended that the Planning Commission review and discuss
the information contained within the staff report and the attached
materials and direct staff as appropriate.
Attachments:
Model Ordinance created for the League of California
Cities
Model Ordinance created by Richards, Watson and Gershon
Draft Ordinance, City of San Juan Capistrano
CJ/B:IPCME1022
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: CHAIRMAN AND PLANNING COMMISSION
FROM: CATHERINE JOHNSON, SENIOR PLANNER (;'�-
SUBJECT: HEARING DRAFT DEVELOPMENT CODE
DATE: OCTOBER 23, 1997
At its last meeting, the Planning Commission, emphasized that the
following items were discussed and agreed upon by the Commission:
Adult Businesses, the Commission concurred that the Code should be
the most restrictive Code permitted by law; Si ns, that signs should
include the maximum amount of English permitted under the law;
View Protection, the Commission concurred that the Laguna Beach
Ordinance was appropriate to Diamond Bar; and Item A under
Exemptions on Page III -131 was revised to include the following
language; "Trees, except those designated by the City Council as a
historical or cultural tree, and trees required to be preserved,
relocated or planted as a condition of approval of a discretionary
permit, located on all developed properties prior to the adoption of
the Development Code."
Since this meeting, additional research has been conducted on these
important issues. Staff is still in the process of researching the
appropriate options for adult business regulations and in discussion
with the City Attorney on this issue. Staff's recommendation will be
presented to the Commission at its next meeting. Staff's analysis
and recommendations on signs and view protection is presented
below. Also included within this report is a brief discussion of the
Initial Study which was prepared as part of the Negative Declaration
for the Development Code.
Additionally, please note that amended language to the tree
preservation chapter, the revised parking space size, other Planning
Commission revisions and additional staff "clean-up" revisions are
being completed and the revised pages will be provided at Monday
night's meeting.
SIGNS
In the process of drafting the proposed Development Code, City staff
and the consultants, with the input of the Planning Commission and
citizenry, has made every effort to create standards and regulations
which are responsive to the needs of the citizens of Diamond Bar.
It has also been the responsibility of the staff to create a document
that is legally defensible and up to date with regard to the mandates
of the federal, state and local governments. Staff has relied on the
expertise of the City Attorney, who has reviewed the entire
Development Code to make sure that if challenged, it will be upheld
by the courts.
The First Amendment issue of free speech is critically important in
sign . regulation. Local sign regulations raise this issue because
messages on signs are considered to be a form of free speech.
According to Daniel R. Mandelker in his book Land Use Law, "The
effect of the free speech clause on the constitutionality of sign
regulations is dramatic: it reverses the presumption of constitutionality
the courts usually apply to police power regulations. The burden
placed on municipalities to show that sign ordinances are justified by
the usual governmental interest, such as traffic safety and aesthetics
is heavier."
According Mr. Mandelker, the Supreme Court reviews the
constitutionality of sign regulations under a four-part test:
(1) It must be determined whether the expression is protected by
the First Amendment. For commercial speech to come within
this provision, it must at least concern lawful activity and not
be misleading.
(2) The asserted governmental interest must be substantial.
(3) If 1 and 2 may be asserted, the regulation must directly
advance the governmental interest asserted.
(4) The regulation may not be more extensive than necessary to
serve that interest.
oil
When staff raised the issue of requiring a minimum 'of 50% of all
signs in English to the City Attorney, staff was advised that cities'
similar regulations had been overturned. For your information I have
briefly summarized the case law information provided by the City
Attorney.
The specific case that the City Attorney cited involved the Asian
American Business Group v. City of Pomona, (1989). The City's
sign
ordinance required commercial and manufacturing signs
with
advertising copy in foreign alphabet characters to devote at least
one-
half of the sign area to English and further required that
the
addresses be displayed in Arabic numerals. The Court held that
the
ordinance violated the business establishment's freedom of speech,
equal protection and due process rights. The court stated that
the
language chosen by the user was an expression of culture
and
national origin, and therefore applied a strict scrutiny standard,
requiring the ordinance to serve a compelling government interest
and
be narrowly tailored to meet that interest.
While it was recognized by the Court that the City
had a compelling
governmental interest
in requiring
a structure to be
readily identifiable
to facilitate reporting
emergencies,
the ordinance was still found to be
invalid because an
undisputed
portion of the
ordinance already
required addresses to
be posted in
Arabic numbers.
The court questioned the requirement that only establishments
advertising in foreign alphabetical characters state the name of the
establishment in English. According to the court, because this
requirement was only applied to foreign businesses it -suggested that
the requirement was not related to interests in safety. The ordinance
also failed because it required one-half of the sign space to be used
for English characters. The Court found the space required should
only be that necessary to identify the building.
It was stated by the Court "By requiring one half of the space of a
foreign alphabet sign to be devoted to English alphabet characters,
the ordinance regulates the cultural expression of the sign owner.
Since the language used is an expression of national origin, culture
and ethnicity, regulation of the sign is a regulation of context."
According to our City Attorney, the only way to regulate language is
to require all commercial establishments to have certain information on
signs (i.e. business name) and require that the name be in English in
3
addition to any other language. The City would have to have a
"compelling" interest in the requirement.
The City's current sign ordinance contains the following language:
"Sign copy in non-Latin/Roman symbols, numerals, or alphabet
characters must contain thereon a generic description written in
English of the nature of such business or use. Such translation shall
be visible from the nearest public street." Based on the advice of
the City Attorney, the language in the proposed Code has remained
essentially the same, with the additions of examples of generic
translations (i.e. "Restaurant," "Dentist," "Bakery," etc.).
In section 22.36.120 B. 6. under Freestanding Monument Signs, signs
are required to contain an address plate with Arabic numbers.
However, the same provision is not included under wall signs and it
should be noted that many commercial uses, particularly those within
commercial centers don't have individual monument signs.
In researching this issue, staff surveyed, several local cities. The
results of staff's research are summarized below.
City of Arcadia (1990)
9262.4.14. Allowable area for identification. With regard to any
business in the City, applicable to the signs listed here, no more than
one-third of the allowable sign area of each such signs may contain
a non-English translation of the business identification; the remaining
sign area identification shall be set forth in the Roman alphabet,
English language and include Arabic numerals. The sign(s) must be
clearly readable from a distance of one hundred feet (100).
City of San Gabriel (5/16/95)
For the purpose of public safety the name of the business must be
indicated in the English language or English alphabet in at least one
location on each business.
City of Walnut (4/95)
Sec. 25-260, Signs --Use of Roman alphabet, Arabic numerals, and
English language. All signs in an alphabet other than the Roman
alphabet, and/or any language other than the English language shall
meet the following criteria:
(a) A sign in a foreign alphabet must also contain the same
words in the Roman alphabet. To protect the public
health, safety and welfare by assisting the easier location
4
of premises, both
responding agency in
size of letter height
follows:
by the reporting party and the
cases of emergency, the minimum
for Roman characters shall be as
(1) Six inches on monument signs.
(2) Two inches on directory signs.
(3) For wall signs less than or equal to one hundred
fifty feet from the centerline of the nearest public
street, five inches. For each additional fifty feet
from the centerline of the street the height of the
letters shall increase one inch.
(b) All signs written in a language other than the English
language shall also contain an English-language translation
of the words written in the foreign language. To protect
the public health safety and welfare by assisting the
easier location of premises, both by the reporting party
and the responding agency in cases of emergency, the
minimum size of letter height for the English translations
shall be as follows:
(1) Six inches for monument signs.
(2) Two inches on director signs.
(3) For wall signs less than or equal to one hundred
fifty feet from the centerline of the nearest public
street five inches. For each additional fifty feet
from the centerline of the street, the height of he
letters shall increase one inch.
(c) The following are exempted from English -translation
requirement of subparagraph (b):
(1) Words which are proper names.
(2) Words which do not describe a product, brand or
service provided on the premises.
(d) All street addresses written on signs shall be printed in
Arabic numbers.
5
(e) A sign application for a sign containing a foreign language
orcharacters in an alphabet other than the Roman
Alphabet, shall contain an English translation of the sign
copy.
The following cities surveyed do not address this issue in their
ordinances or zoning codes: Buena Park, Chino Hills, City of Industry,
Pomona, West Hollywood, Rancho Cucamonga
RECOMMENDATION
Based on staff's research .and the advice of the City Attorney, it is
recommended that the language in the Development Code pertaining
to signs remain as proposed. It is further recommended that the
Commission add a requirement under Section 22.36.030.E General
Provisions for All Signs as follows, "All commercial businesses shall
contain the address or unit number or letter of the occupant. Unit
numbers shall be in the English alphabet. Address numbers shall be
in Arabic numerals. All letter and numerals shall be provided in digits
which are are visible from the adjacent street or parking lot drive
aisle."
VIEW PROTECTION
The issue of view protection has been previously raised by the
Planning Commission during the process of creating the Development
Code. In response to these concerns, Section 22.16.130 was added
to Article III, Chapter 22.16 General Property Development and Use
Standards, establishing general standards requiring new projects to
respect the views of existing residential development. Staff has also
included design guidelines addressing view protection within the draft
Citywide Design Guidelines
Diamond Bar's current Planning and Zoning Code and the proposed
Development Code establish standards for the development of single
family homes with respect to lot size, maximum height and setbacks.
Further, Administrative Development Review is required for all new
single family residences, and residential additions which exceed 50%
of the existing floor area. As part of this discretionary process
projects are evaluated for compliance with the Development Review
Ordinance which sets forth as two of its primary purposes to
"Reasonably ensure that new development, including residential
institutional, commercial and industrial developments do not have an
3
adverse aesthetic, health, safety or architecturally related impact upon
existing adjoining properties or the City" and "Encourage the use of a
variety of housing styles, split level grading techniques, varied lot
sizes, site design densities, maintenance of views (underline added)
and arrangement and spacing to accomplish grading policies."
Further, these projects are subject to public hearing and notification
procedures requiring that all property owners within a 300' radius of
the project site are notified of the proposed development. At the
time of public hearing the Hearing Officer evaluates all proposals for
their compatibility with the surrounding neighborhood and impacts on
adjacent property, including impacts to privacy and views.
As proposed, the Laguna Beach ordinance "establishes procedures and
evaluation criteria for the resolution of view and/or sunlight claims so
as to provide a reasonable balance between trees/vegetation, privacy
and views and or sunlight related values." The Laguna Beach
Ordinance, attempts to address obstructions to views caused by
overgrown or poorly placed trees blocking a neighbors view or access
to sunlight.
This is done through a resolution process. The ordinance outlines a
series of steps for resolving disputes between neighbors, with each
subsequent step taken if the previous step is unsuccessful. The
process begins with initial discussion and progresses to evaluation by
a City Tree Preservation Board, then mediation, arbitration and finally
litigation. The ordinance also establishes criteria by which views
and/or sunlight claims are evaluated, and a hierarchy of restoration
actions which provide the appropriate methods for the pruning of
trees to mitigate the view blockage issue.
While the processes and resolution criteria outlined in the Laguna
Beach ordinance are logical and sound, staff does not believe that
their appropriate place is within the Development Code.
Historically, it has been
the City's policy to not
be involved
in private
disputes. It is staff's
position that disputes
over conflicts
such as
those described by the
Laguna Beach ordinance
are a private
issue.
The Development Code, in addition to use regulations, contains
specific, quantifiable standards regulating the form of physical
development. Because these standards are defined, it is clear when
a structure or use is not in compliance with the Code.
7
The circumstances that are described by the Laguna Beach ordinance
do not easily fall within the review authority of the Development
Code. There is nothing that prevents a resident from planting trees
in their yard, and nothing that requires them to keep their tree from
block their neighbor's view. Conflicts like. those that the Laguna
Beach ordinance will attempt to resolve are not the result of a lack
of adherence to typical development standards.
The definition of a "view" is difficult to quantify. The quantity and
quality of a view varies from site to site and from different locations
on the site. It is also individually subjective. For example; one
individual may feel that a tall stand of trees provides privacy and
shade, while another may value a clear unobstructed view.
While recognizing the difficulty in quantifying a view, the City
recognizes their importance. Design guidelines were created to assist
the property owner, architect and landscape architect in appropriately
planning and locating structures and landscaping to maximize their
views, while respecting the views of their neighbors.
Since the last Planning Commission meeting, staff has done further
research on this issue and has obtained the City of Berkeley's
development code chapter entitled Solar Access and Views. (attached)
This chapter is similar to the Laguna Beach ordinance in that it
establish processes and criteria for resolving and mitigating disputes,
except it does not include the establishment of a City -created
mediation board.
Based on this example, staff offers as an alternative to a codified
view protection process, a City -created pamphlet integrating the best
features of the Laguna Beach ordinance and Berkeley's standards and
information on local mediation services. This booklet would be readily
available at the public information counter to any resident with
concerns about this issue, or any resident or developer who comes
into the City for Building or Planning permits, or other approvals.
This guide would be similar in its form to what the City is currently
providing citizens in response to numerous concerned inquires about
the upcoming "EI Nino." The Homeowners Guide for Flood Debris,
and Erosion Control, compiled by the L.A. County Department of
Public Works, describes what the homeowner can do to prevent or
minimize damage from flooding.
9
.'The proposed booklet would be similar in that while it recognizes a
significant problem, it provides residents with the necessary
information and tools needed to solve the problem themselves, rather
than relying entirely on the City to address their concerns.
RECOMMENDATION
It is recommended that the Planning Commission consider and discuss
alternatives to the 'inclusion of a view protection process within the
Development Code.
INITIAL STUDY
Transmitted with the adopting ordinances for the Development Code
was the Initial study for the Negative Declaration. A Negative
Declaration is a written statement, accompanied by an Initial Study,
explaining why a proposed project will not have a significant
environmental effect. An. Initial Study is a preliminary analysis
prepared to determine whether an EIR or Negative Declaration is
needed.
An Environmental Impact Report (EIR) and Master Environmental
Assessment (MEA) were prepared for the General Plan, to address the
environmental impacts that would result from the proposed changes in
land uses designations, development standards, changes in the
circulation systems, and other changes to the City's physical
environment that would occur as a result of the implementation of
the General Plan.
The Development Code is
the primary
implementing tool of
the
General Plan, and it must
be consistent
with the General
Plan.
Therefore, there will be no
environmental
impacts created as a
result
of the adoption of the
Development
Code that have not
been
addressed within the General
Plan EIR and
MEA.
The attached Initial Study, primarily consists of a checklist. The
numbered Strategies cited in this list refer to General Plan strategies
and the page numbers where the strategy appears.
It is recommended that the Planning Commission review and discuss
the Initial Study.
Attachments:
Draft Laguna Beach View Protection Ordinance
City of Berkely, Development Code Chapter Solar Access and
Views
10
CHAPTER 22.42 - STANDARDS FOR SPECIFIC LAND Usl✓�`5� i=
Sections:
22.42.010 - Purpose and Applicability
22.42.020 - Adult -Oriented Entertainment Businesses
22.42.030 - Animals as Pets
22.42.040 - Child Day -Care Facilities
22.42.050 - Drive -In and Drive -Through Facilities
22.42.060 - Guest Houses
22.42.070 - Home -Based Businesses
22.42.080 - Outdoor Display and Sales Standards
2:2.42.090 - Outdoor Storage or Work Activities
22.42.100 - Recycling Facilities
22.42.110 - Residential Accessory Uses and Structures
22.42.120 - Secondary Housing Units
22.42.130 - Telecommunications Facilities
22.42.010 - Purpose and Applicability
This Chapter provides site planning and development standards for land uses that are allowed
by Article II (Zoning Districts and Allowable Land Uses).
22.42.020 - Adult Este `ate _e : -Oriented Businesses
This Section establishes standards for the location, development, and operation of adult
entertainment business.
A. Purpose. It is the intent of this article to prevent community wide adverse economic impacts, increased
crime, decreased property values, and the deterioration of neighborhoods brought about by the
concentration of Adult -Oriented Businesses in close proximity to each other or proximity to other
incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City
Council finds that it has been demonstrated in various communities that the concentration of Adult -Oriented
Businesses causes an increase in the number of transients in the area, and an increase in crime, and in
addition to the effects described above can cause other businesses and residents to move elsewhere. It is,
therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the
concentration of Adult -Oriented Businesses or their close proximity to incompatible uses, while permitting
the location of Adult -Oriented Businesses in certain areas.
A.
B Applicability. Adult -oriented businesses, shall be allowed in the Light
Industry (1) zoning district, subject to the approval of a Conditional Use Permit in
compliance with 22.58 and subject to the suplemental provisions outlined in subsection C below.
PLEASE NOTE THAT DEVELOPMENT AND PERFORMANCE STANDARDS HAVE BEEN
RELOCATED TO SUBSECTIONS K & L BELOW
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" Ilt-159
ltar�iard3 for "-oecihc Lard L: -,es 1,421
13. and operational standards. Aduit entertahuTter t
busiftess
— -2. i 10=8 of operation. Ikeittit e!Re-tftjjMje.tt btj3jne33e3 3itail rtot t)jejftK- between tile
L_--__ _L^2.nn A.M.
M _d norm w M
if the ndult business is the OrtlY t'se 0" a i
i
height,in
ith
,
Y
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -160
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" 111-161
�t.uu�.�rds rr ���eciti� Lard L_zs
C. CONDITIONAL USE PERMIT • ADULT-ORIENTED BUSINESS APPLICATION
In order to operate an Adult -Oriented Business within this City, the applicant or proprietor of the business
must obtain a Conditional Use Permit as required herein. All applicants for such a permit, in addition to
any application or documents required to be filed pursuant to the provisions of this chapter, shall file a
written, signed, and verified application on a form provided by the Deputy City Manager evidencing the
following:
1. The name and permanent address of the applicant;
2. The name and business address of the applicants. If the applicant is a corporation, the applicant shall
provide the name of and the State of Incorporation. The name shall be exactly as set forth in its
Articles of Incorporation, and the applicant shall show the name and address of each of the officers,
directors, and controlling stockholders owning no less that 10 (ten) percent of the stock of the
corporation. If the applicant is a partnership, the application shall show the name and address of each
of the partners, including limited partners;
3. Location and address of the proposed Adult -Oriented Business;
4. Legal description of the subject property;
5. A detailed description of the manner of providing proposed entertainment, including type of
entertainment and the number of persons engaged in the entertainment;
6. Proposed hours of operation;
7. A floor plan showing where the specific entertainment uses are proposed to be conducted within the
building;
8. The name or names of the person or persons having responsibility for the management or supervision
of the applicant's business and of any entertainment; and
9. Statement of the nature and character of the applicant's business, if any, to be carried on in
conjunction with such entertainment.
D. REFERRAL OF APPLICATION FOR INVESTIGATION
The Deputy City Manager shall refer the permit application to the designated head of the law
enforcement agency providing police services to the City for an investigation to be made of such
information as is contained on the application.
1. After an investigation, the designated head of the law enforcement agency providing police
services to the City shall issue a report to the Deputy City Manager. The Deputy City Manager
shall deem the application complete unless one or more of the following findings is true.
a. That the applicant, his or her employee, agent, partner, director, officer, controlling stock
holder, or manager has knowingly made any false, misleading, or fraudulent statement of
material fact in the application for a permit, or in any report or record required to be filed with
any City or County agency or department.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -162
That on the date that the business for which a permit is required herein commences, or
thereafter, there will be no responsible person on the premises to act as manager at all times
during which the Adult -Oriented Business is open.
c. That an applicant is under 18 years of age.
d. That an applicant has been convicted of a "Specific Criminal Act' for which:
(1) Less than two (2) years have elapsed since the date of conviction or the date of release
from confinement, whichever is the later date, if the conviction is of a misdemeanor
offense for the "Specified Criminal Acts' which are sexual crimes against children;
sexual abuse; rape; or crimes connected with another Adult -Oriented Business including,
but not limited to, distribution of obscenity; distribution, display, or sale of material
harmful to minors; prostitution; or pandering.
(2) less than five (5) years have elapsed since the date of conviction or the date of release
from confinement, whichever is the later date, if the convictions are of two (2) or more
misdemeanors for the "Specified Criminal Acts" which are sexual crimes against children;
sexual abuse; rape; or crimes connected with another Adult -Oriented Business including,
but not limited to, distribution of obscenity; distribution, display, or sale of material
harmful to minors; prostitution; or pandering; or conviction of any such offense occurring
within twenty-four (24) months prior to application.
(3) The fact that a conviction is being appealed shall have no effect on disqualification of the
applicant.
(4) An applicant who has been convicted of any of the above described "Specified Criminal
Acts' may qualify to own, operate, or manage an Adult -Oriented Business only when the
required time period has elapsed.
2. In the event that the information requested pursuant to this Chapter is not immediately available,
the designated head of the law enforcement entity providing police services to the City shall - if
the application otherwise meets the requirements of this Chapter and the investigation conducted
reveals none of the factors set forth in subsection (a) above - issue a report thereon. Where upon,
the Deputy City Manager shall deem the application complete. Should the information obtained
pursuant to this Chapter of this Code materially vary from that on the application, such variance
shall be cause to revoke the permit.
E. RESERVATION OF RIGHT TO REVIEW CONDITIONAL USE PERMIT -CHANGED CONDITIONS
Any Conditional Use Permit granted or approved hereunder shall be granted or approved with the City and
its City Council and Planning Commission retaining and reserving the right and jurisdiction to review and
modify the permit - including the conditions of approval - based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of the business, the change in scope,
emphasis, size or nature of the business, and the expansion, alteration, or change of use. The reservation
of the right to review any permit granted or approval hereunder by the City, its City Council, and Planning
Commission is in addition to, and not in lieu of, the right of the City, its City Council, and Planning
Commission to review and revoke or modify any permit granted or approved hereunder for any violations
of the conditions imposed on such permit.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Fxhibit "A" III -163
Standard_ for _-�rtcitic Land C its
22.2
F. TIME LIMIT FOR LAND USE REVIEW AND DECISIONS - FIRST AMENDMENT PROTECTED BUSINESSES
1. INTERIM CUP
a. The Deputy City Manager shall accept as complete, or deny as incomplete, the application for a
Conditional Use Permit (CUP) for a business protected by the First Amendment of the United States
Constitution within ten (10) days from the date on which an application is submitted to the
Director.
b. In order to avoid undue delay or suppression of any protected expression, the Deputy City
Manager shall make an initial determination that the required information is contained in the
application to process an Interim CUP within five (5) days of the date of filing the application. If
the application is sufficient to issue an Interim CUP, such shall he issued by the Deputy City
Manager within ten (10) days of the date the application was filed. The proposed business must
be located in the light Industrial (LI) District, and subject to the locational and setback
requirements of this Chapter, the granting of the Interim CUP by the Deputy City Manager is
without prejudice to and does not preclude the denial of the Final CUP application filed by the
applicant. The Interim CUP shall terminate upon the Planning Commission taking action on the
Final CUP. No right to operate beyond the termination of the Interim CUP for a First Amendment
Protected Business shall vast in the applicant if the applicant is unable or unwilling to obtain the
Final CUP required by this Section.
2. FINAL CUP
The Planning Commission shall approve or disapprove the completed CUP application within ninety
(90) days of its acceptance as complete by the Deputy City Manager. The time limit established
by this Section may be extended once for a period not to exceed ninety (90) days upon consent of
the Deputy City Manager and the applicant.
a. To approve the Final CUP, the Planning Commission or City Council on appeal, must first make the
following findings;
(1) That all applicable filing fees have been paid.
(2) That the applicant is not overdue in payment to the City of any taxes, fees, fines, or penalties
assessed against or imposed in relation to an existing or former Adult -Oriented Business.
(3) That the building, structure, equipment, and location used by the Adult -Oriented Business
complies with the requirements and standards of the health, building, zoning, lire, and safety
laws of the State of California, the Sheriff's Dept, Fire Dept, and the City of Diamond Bar.
(4) That the conduct of the Adult -Oriented Business as proposed by the applicant, if permitted,
will comply with all applicable laws; including but not limited to, the City's building, zoning,
fire and health and safety regulations.
(5) That the City currently has no evidence demonstrating that the applicant has knowingly made
any false, misleading, or fraudulent statement of material facts in the CUP application or any
other document required by the City in conjunction therewith.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" 111-164
ror -L,,ci1riC
(6) That the use is permitted in the zone, district, or area in which it is proposed to be located and
is in conformity with the applicable development standards of that zone, district, or area -
including the provision of required parking.
(7) That the use is in conformity with the locational criteria set forth in this Chapter.
(B) That the design of the site and the proposed improvements are in compliance with all
applicable design provisions of this Chapter.
(9) That the proposed conduct of the Adult -Oriented Business is in compliance with all applicable
performance standards of this Chapter.
b. In the event the Planning Commission, or the City Council on appeal, denies the Final CUP
application, the business shall cease its operations as an Adult -Oriented Business and no further
activities regulated by this Chapter. The Interim CUP shall also terminate on the date the CUP
application is denied.
(1) If the permit requested is for a development project for construction or reconstruction subject
to the Permit Streamlining Act (Government Code §65920 at seq.), the time limits provided int
the Permit Streamling Act shall apply to the Conditional Use Permit's approval or denial.
(2) Upon the filing of an appeal, in accordance with Section 22.44.020, the Planning Commission
or the City Council shall render its decision on the appeal within sixty (60) days.
G. LOCATIONISEPARATION REQUIREMENTS
It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult
motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within
500 feet of any other similar adult business, religious institution, school, or public park, or any property
designated for residential use or used for residential purposes.
H. DESIGN STANDARDS
1. No sexually oriented business shall be located in any temporary or portable structure.
2. Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
3 . No landscaping shall exceed thirty inches (30'1 in' height, except trees with foliage not less than six feet
(6') above the ground.
4. All off-street parking areas and premise entries of the sexually oriented business shall be illuminated
from dusk to closing hours of operation with a lighting system which provides an average maintained
horizontal illumination of one (1) footcandle of light on parking surfaces and walkways. The lighting
shall be shown on the site plan required by this chapter.
5. The premises within which the sexually oriented business is located shall provide sufficient sound -
absorbing insulation so that noise generated inside said premises shall not be audible anywhere on
adjacent property, public rights-of-way or within any separate unit within the same building.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -165
StanciirdS tor -�pecihc Lend L'ses
_ 2,4
6. The building entrance to the sexually oriented business shall be clearly and legibly posted with a notice
indicating that persons under eighteen (18) years of -age are precluded from entering the premises.
All indoor areas of the sexually oriented business within which patrons are permitted, except
restrooms, shall be open to view by the management at all times.
All areas of the sexually oriented business shall be illuminated at a minimum of the following
footcandles, minimally maintained and evenly distributed at ground level:
Area
Bookstores, Novelty Stores
Video Stores
Theaters and cabarets
Arcades
Motels/Hotels
Modeling studios
Footcandles
20
5 (except during
performances, at which
times lighting shall be
at least 1.25 foot -
candies)
10
20 (in public areas)
20
9. The sexually oriented business shall provide and maintain separate restroom facilities for male patrons
and employees, and female patrons and employees. Male patrons and employees shall be prohibited
from using the restroom(s) for females, and female patrons and employees shall be prohibited from
using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the
restroom facilities. The rostrums shall be free from sexually oriented material and sexually oriented
merchandise. Restrooms shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not
apply to a sexually oriented business which: (i) is not required to and does not provide restroom
facilities to patrons or the general public; and (ii) deals exclusively with sale or rental of sexually
oriented material or sexually oriented merchandise which is not used or consumed on the premises.
10. Adult arcades shall comply with the following additional requirements:
The interior of the premises shall be configured in such a manner that from a manager's
station there is an unobstructed view of every area of the premises to which any patron is
permitted access for any purpose, excluding restrooms. If the premises has two or more
designated manager's stations then the interior shall be configured in such a manner that from
at least one of the manager's stations there is an unobstructed view of each area of the
premises to which any patron is permitted access for any purpose, excluding restrooms. The
view required in this subparagraph must be direct line of sight from the designated manager's
station.
b. The view specified in subparagraph (1) shall at all times remain unobstructed by doors, walls,
merchandise, display racks, or other materials.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -166
G. The walls or partitions between viewing rooms or booths shall be maintained in good repair
at all times. The walls or partitions between viewing rooms or booths shall not contain holes
between any two such rooms or booths such as would allow either: (i) viewing from one room
or booth into another; or (ii) physical contact of any kind between the occupants of any two
such rooms or booths.
11. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control
Commission, shall comply with the following additional requirements:
a. Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers,
use, shall be provided.
An entrancelexit for entertainers, separate from the entrance/exit used by patrons, shall be
provided.
C. Access between the stage and the entertainers' dressing room facilities, completely separated
from the patrons, shall be provided. If such separate access is not physically feasible, a
minimum three foot (37 wide walk aisle between the entertainers, dressing room facilities and
the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier
separating the patrons and the entertainers. Such railing, fence or other barrier shall be at
least thirty inches (301 in height and shall be sufficient to prevent any physical contact
between patrons and entertainers.
PERFORMANCE STANDARDS.
1. No sexually oriented business shall be operated in a manner that permits the observation, from public
rights-of-way or locations outside the establishment, of either: (i) sexually oriented material; (ii)
sexually oriented merchandise; (iii) specified sexual activities; or (iv) any semi-nude person. This
provision shall apply to any display, decoration, sign, show window or other opening.
2. Exterior doors and windows of the sexually oriented business shall not be propped or kept open at any
time while the business is open.
3. Exterior windows of the sexually oriented business shall be covered with opaque covering at all times.
4. Patrons shall not be permitted access to any area of the sexually oriented business which has been
designated as an area in which patrons will not be permitted.
5. No person under the age of eighteen (18) years shall be permitted within the sexually oriented business
at any time.
6. The sexually oriented business shall maintain a security system that visually monitors and records all
parking surfaces serving the business.
7. Security guards shall be employed in order to maintain the public peace and safety, based upon the
following standards.
Diamond Bar Development Code Article IQ - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -167
Standarcis (or "Iprcific Lanc Lses
a. One (1) security guard shall be on duty at all times while the business is open; provided,
however, that an additional security guard shall be on duty if the occupancy limit of the
premises is greater than thirty-five (35) persons.
b. The security guard(s) shall be: (i) certified by the State Commission on Peace Officer
Standards and Training; (ii) currently employed, of f -duty peace officer (s) ; and (iii) uniformed
in such a manner so as to be readily identifiable as a security guard by the public.
C. The security guard(s) shall be charged with preventing violations of law, enforcing patron
compliance with the requirements of this chapter, and with notifying the Los Angeles County
Sheriff's Department of any violations of law observed.
d. No security guard required pursuant to this paragraph shall act as a door person, ticket seller,
ticket taker, admittance person, or sole occupant of the manager's station while acting as a
security guard.
8. No owner or other person with managerial control over a sexually oriented business shall permit any
person on the premises of the sexually oriented business to engage in a live showing of specified
anatomical areas.
9. Adult arcades shall comply with the following additional requirements:
a. No viewing room or video booth may be occupied by more than one person at any one time
b. At least one employee shall be on -duty and stationed at each manager's station at all times
that a patron is present inside the premises.
C. Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of
viewing rooms or booths; or (ii) the common area of the business.
d. Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and
booths.
e. The floors, seats, walls and other interior portions of viewing rooms and booths shall be
maintained clean and free from waste and bodily secretions. Presence of human excrement,
urine, semen or saliva in any viewing rooms or booths shall be evidence of improper
maintenance and inadequate sanitary controls.
10. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control
Commission, shall comply with the following additional requirements:
a. No entertainer shall perform except upon a stage which is both: (i) at least eighteen inches
(181 above the level of the floor; and (ii) separated by a distance of at least ten feet (10' ) from
the nearest area occupied by patrons.
b. No patron shall be permitted within ten feet (10') of the stage while the stage is occupied by
an entertainer.
C. No entertainer shall have physical contact with a patron before, during or after performances.
This subparagraph shall only apply to physical contact on the premises of the business.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -168
--�tanciards tor specific Lind L'ses
No patron shall have physical contact with an entertainer before, during or after
performances. This subparagraph shall only apply to physical contact on the premises of the
business.
e. No patron shall directly pay or give any gratuity to an entertainer.
No entertainer shall solicit any gratuity from a patron.
11. Gross receipts records.
a. Maintenance. The owner of a sexually oriented business shall maintain complete records
which can be segregated with regard to all transactions involving products, merchandise,
services or entertainment which is characterized by an emphasis on specified sexual activities
or the exposure of specified anatomical areas. Such records shall be sufficient to establish
the percentage of gross receipts of the business which is derived from such transactions.
Such records shall be maintained for at least three years after the and of the calendar year
for which the records were created.
b. Exemption. This section shall not be applicable to a sexually oriented business for which such
transactions constitute less than twenty percent (20%) of the gross receipts of the business.
12. Register and permit number of entertainers.
a. Maintenance. Every owner of an adult cabaret and every owner of an adult theater shall
maintain on the premises of such business a register of all entertainers who perform at the
business. Such register shall list each entertainer's legal name, stage name (s) , and sexually
oriented business permit number.
b. Annual Filing. Every owner of an adult cabaret and every owner of an adult theater shall
annually file with the Director a copy of the register of entertainers who perform at the
business. Such filing shall be accompanied by a statement, signed by the owner, that all of
the information in the register is true and correct to the best of the owner's information and
belief.
EMPLOYMENT OF PERSONS WITHOUT PERMITS.
No permittee, owner, operator or other person in charge of a sexually oriented business shall allow any person
to perform at the business unless such person is in possession of a valid sexually oriented business entertainer
permit.
K. DISPLAY OF PERMIT.
Every sexually oriented business shall display at all times during business hours the permit issued pursuant to
the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that
it may be readily seen by all persons entering the sexually oriented business.
L. INSPECTIONS.
The owner, operator, or other person in charge of a sexually oriented business shall allow City officers and their
authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -169
5tancarcis for Specific Land Wises _
for the purpose of ensuring compliance with the law at any time the sexually oriented business is open for
business or is occupied.
M. CONDITIONS
The requirements of this chapter shall be deemed conditions of sexually oriented business permit approvals.
Failure to comply with every such requirement shall be grounds for suspension or revocation of a sexually
oriented business permit.
COUCH DANCINGISTRADDLE DANCING AND OTHER SEXUAL ACTIVITIES PROHIBITED
For purposes of this Section, couch dancing or straddle dancing shall be defined as an activity involving at least
two persons where at least one of the persons is a patron who is sitting or resting on an object or the floor and
at least one of the persons is dancing or moving such that said person's genitals, pubic region, buttock or female
breast, regardless of whether such body area is covered or uncovered, is positioned for any period of time within
three feet (31 of, and at a level between, the chin and forehead of, the person(s) who islare sitting or resting on
an object or the floor.
No person shall operate or cause to be operated an Adult -Oriented Business, regardless of whether or
not a permit has been issued under this Development Code, knowingly, or with reason to know,
permitting, suffering, or allowing any employee:
a. To engage in a couch dance or straddle dance with a patron at the business;
b. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance
with a person at the business;
C. To intentionally touch any patron at an Adult -Oriented Business while engaged in the display
or exposure of "specified anatomical area," or engaged in or simulating a "specified sexual
activity'; or
d. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure
of any "specified anatomical area" or engaged in or simulating a "specified sexual activity."
2. No employee of an Adult -Oriented Business shall:
a. Engage in a couch dance or straddle dance with a patron at the business;
b. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the
business;
C. Engage in the display or exposure of any "specified anatomical area" or engage in or simulate
a "specified sexual activity" closer than six (6) feet from any patron.
3. No person at any Adult -Oriented Business, regardless of whether or not said business is permitted
under this Development Code shall intentionally touch an employee who is displaying or exposing any
"specified anatomical area" or engaging in or simulating a "specified sexual activity" at the Adult -
Oriented Business.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -170
4. No person at any Adult -Oriented Business, regardless of whether or not said business is permitted
under this Development Code, shall engage in a couch dance or straddle dance with an employee at the
business who is displaying or exposing any "specified anatomical area "specified sexual activity."
5. No employee of an Adult -Oriented Business, regardless of whether or not a permit has been issued for
said business under this Chapter, shall engage in a performance, solicit a performance, make a sale,
solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any
particular day.
0. ESTABLISHMENT OF AN ADULT-ORIENTED BUSINESS
The establishment of an Adult -Oriented Business shall include any of the following:
The opening or commencement of operation of any such business as a new business.
The conversion of any existing business (whether or not an Adult -Oriented Business) to any Adult.
Oriented Business.
The addition of any Adult -Oriented Business to any existing Adult -Oriented Businesses if the addition
results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall
mean an increase in the size of the building within which the business is conducted by either
construction or use of an adjacent building or any portion thereof, whether located on the same or an
adjacent lot or parcel of land.
P. SUSPENSION OR REVOCATION OF PERMITS
Grounds for suspension or revocation.
The Deputy City Manger shall suspend or revoke the Conditional Use Permit for an Adult -Oriented
Business for the following causes:
a. The permittee has knowingly made any false, misleading or fraudulent statement of material
fact in the application, or in any report or record required to be filed with the City.
b. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has knowingly failed to comply with any of the requirements of
this section.
C. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has knowingly allowed or permitted the occurrence of criminal
activity on the premises of the sexually oriented business.
d. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has committed a misdemeanor or felony in the conduct of the
business.
e. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has failed to abide by any disciplinary action previously imposed
by an authorized City official.
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Marc irds for -�pecihc L.iru 22.42.
f. The approved use has been substantially enlarged without City approval.
22.42.030 - Animals as Pets
A. Household pets. Animals and fowl commonly considered as household pets (e.g., dogs, cats,
birds, etc.) may be kept as an accessory use of residential property, provided the animals and
fowl are kept in a humane and sanitary manner and in compliance with the provisions of this
Section.
B. Minor Conditional Use Permit may be required. The keeping of animals and fowl other than
those normally considered to be household pets, or in greater numbers or on smaller parcels
than allowed by this Section, shall require the approval of a Minor Conditional Use Permit in
compliance with 22.56.
A Minor Conditional Use Permit may only be issued in compliance with the following:
1. A Minor Conditional Use Permit shall not be granted if the review authority
determines that the area proposed for the animal to be kept is insufficient for the
size/type of animal; and
2. Fowl shall not be kept within 20 feet of any dwelling or occupied structure.
D. Dogs and cats. No more than three dogs or cats over the age of three months shall be kept or
maintained at a place of residence, as designated by a single street address number in the City.
E. Horses. The keeping of horses is allowed on parcels greater than 15,000 square feet. One
horse maybe kept for each 5,000 square feet of parcel area. Horses shall not be kept within 40
feet of any habitable structure.
F. Offensive animals. No person shall keep, maintain, or have in their possession on any
property owned or controlled by them, anv household pet(s) or any other animal(s) in a
manner, number or kind so as to cause damage or hazard to persons or property in the vicinity
or to generate offensive dust, noise, or odor.
22.42.040 - Child Day -Care Facilities
This Section establishes standards for the Citv review of child day-care facilities, in conformance with
State law and in a manner that recognizes the needs of day-care operators and at the same time
minimizes the effects on surrounding properties. These standards apply in addition to the other
applicable provisions of this Development Code and requirements imposed by the California
Department of Social Services through its facility licensing procedures. Licensing by the Department
of Social services is required for child day-care facilities.
A. Standards for large family day-care homes. The following standards shall apply.
Large family day-care permit required. Permit processing for large family day-care
homes shall be subject to the following.
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Standards for-;Peciiic Land Uses
a. Permit requirement and public notice. A large family day-care home shall
require the approval of a nondiscretionary Large Family Day -Care Permit by
the Director. Property owners within 100 feet of the proposed site shall be
provided notice of the application at least 10 days prior to the date of the
Director's decision on the permit. A public hearing may be requested in
writing by the applicant or other affected person(s).
The notice shall state that the Director s determination may be appealed to the
Commission, in compliance with 22.74 (Appeals), but that the Commission
may only grant the appeal and reverse or modify the determination if the
Commission finds that the Director's determination was contrary to State or
City laws governing large family day-care homes.
b. Criteria for approval. A Large Family Day -Care Permit shall be issued if the
Director determines that the proposed large family day-care home will comply
with the standards in this Section.
C. Discretionary Conditional Use Permit. The Commission may approve a
Conditional Use Permit, in compliance with 22.58, authorizing operation of
a large family day-care home that does not comply with and/or cannot be
operated in compliance with the standards in this Section.
Day-care providers residence. The large family day-care home shall be the principle
residence of the day-care provider and the use shall be clearly incidental and secondary
to the use of the property as a residence.
3. Fire Department standards. The facility shall contain a fire extinguisher and smoke
detector devices and comply with the standards established by the City Fire
Department.
4. Health and safety standards. Each facility shall be inspected by the City for
compliance with the Housing Code and any regulations adopted by the State Fire
Marshal concerning health and safety standards which are applicable to care facilities.
5. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility
within any residential zoning district may only operate up to 14 hours for each day
between the hours of 6:00 A.M. and 8:00 P.M. and may only conduct outdoor activities
between the hours of 7:00 A.M. and 7:00 P.M. Additionally, the facility shall be in full
compliance with 22.28 (Noise Control) for the subject zoning district.
o. Off-street parking standards. Each facility shall have the number of parking spaces
required for single-family dwellings, in compliance with 22.30 (Off -Street Parking and
Loading Standards), one additional space for the drop-off and pick-up of the children
utilizing the facility to ensure that the children are not placed at risk and street traffic
is not unduly interrupted, and one additional parking space for each person working
at the facility, other than a person who resides at the home.
a. Where the facility has less than 22 feet of on -street parking along the frontage
of the parcel, the facility shall be provided with one additional parking space.
The driveway of a care facility may serve to meet the required off-street
parking spaces and/or the drop-off area.
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b. The drive-way parking spaces may be in tandem with the on-site garage
spaces. Any facility located on an arterial street shall be provided with
adequately designed off-street drop-off and pick-up areas to ensure that
vehicles reentering the arterial street will be able to do so in a forward manner.
7. Separation standards. A residential parcel shall not be bordered on more than one
side by a care facility and a care facility shall not be legally operated on a parcel within
300 feet of the parcel subject to the application.
8. Signs prohibited. No signs shall be allowed in conjunction with a day-care facility.
B. Standards for child day-care centers. The following standards shall apply, in addition to
those standards contained in Subsection B. (Standards for large family day-care homes), above:
1. Fence or wall. A six foot high solid decorative fence or wall shall be constructed on
all property lines, except in the front yard or within a traffic safety sight area. Fences
or walls shall provide for safety with controlled points of entry in compliance with
22.20 (Fences, Walls, and Hedges);
2. Indoor play areas. The facility shall be provided with indoor play areas in compliance
with State requirements. Separate and clearly defined play and activity areas shall be
provided for each age group, including infant, toddler, preschool and school age
children; and
3. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for
each child, but not less than 450 square feet in area exclusive of the required front yard
setback, shall be provided. The outdoor play lot shall be located in the rear yard.
Stationary play equipment shall not be located in front and side yards.
22.42.050 - Drive -In and Drive -Through Facilities
Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated
to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and
unsightliness in the following manner:
A. Drive-through aisles shall have a minimum 10 -foot interior radius at curves and a minimum
12 -foot width. Each drive-through entrance/exit shall be at least 50 feet from an intersection
of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the
curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow
shall be clearly designated by signs/pavement markings;
B. Each drive-through aisle shall be separated from the circulation routes necessary for ingress
or egress from the property, or access to a parking space;
C. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do,
they shall have clear visibility and be emphasized by enhanced paving or markings;
D. The provision of drive-through service facilities shall not justify a reduction in the number of
required off-street parking spaces;
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E. Service areas, waste storage areas, and ground mounted or roof mounted mechanical
equipment shall be screened from view from adjacent properties or public rights-of-wav;
F. The vehicle queuing capacity of the drive-through facility and the design and location of the
ordering and pickup facilities shall be determined by the Director. The applicant shall submit
a circulation study and appropriate documentation addressing the following issues.
1. (Mature of the product or service being offered;
2. Method by which the order is processed;
3. Time required to serve a typical customer,-
4.
ustomer;4. Arrival rate of customers;
5. Peak service hour; and
Anticipated vehicular queuing required.
G. Each drive-through aisle shall be appropriately screened with a combination of landscaping,
low walls, and/or berms to prevent headlight glare from impacting adjacent streets and
parking lots; and
H. A six -foot -high solid decorative wall shall be constructed on each property line that is
adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed
construction materials shall be subject to the approval of the Director.
22.42.060 - Guest Houses
This Section establishes standards for the development and operation of guest houses in any zoning
district where guest houses are allowed in compliance with Article II (Zoning Districts and Allowable
Land Uses), provided all of the following standards are met:
A. 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 main dwelling, for use
by guests of the occupants of the premises, and shall not be rented or otherwise used as a
separate dwelling.
B. Development standards. The location and construction of guest houses shall comply with the
following standards:
1. Number. Only one guest house shall be allowed on a single legal parcel of record;
2. Access. The location of a detached guest house shall provide minimum five-foot wide
pedestrian access to the main dwelling;
3. 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;
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4. Plumbing and electrical installations. Plumbing shall be limited to that required for
a single bathroom. The bathroom shall only contain one water closet, lavatory, and a
shower or tub. Electrical installation shall be limited to the minimum required for
heating, light, and ventilation. Line drawings shall be submitted for approval, and
shall delineate all plumbing and electrical installations proposed in compliance with
this standard;
5. Kitchens prohibited. The guest house shall not contain a kitchen or other cooking
facilities. For the purpose of this Section, a kitchen or other cooking facilities are
defined as to include, but not be limited to, the following:
a. Cooking stove with or without an oven;
b. Hot plates;
Kitchen sink, cabinets and appurtenant plumbing;
d. Microwave or convection ovens; and
e. All appurtenance related to the above.
6. Size and permit requirements. A guest house of 500 square feet of gross floor area
may be approved by the Director. Guest houses in excess of 501 square feet may be
approved by a Minor Conditional Use Permit in compliance with 22.56.;
7. Rentals prohibited. The guest house shall not be separately rented or leased from the
main dwelling, whether compensation is direct or indirect;
8. Subdivision prohibited. Subsequent subdivision(s) of the parcel which may attempt
to divide the main dwelling from the guest house shall not be allowed;
9. Compatibility. The guest house shall be designed to ensure compatibility and visual
harmony with the main dwelling on site and with other residential structures in the
surrounding neighborhood; and
10. Parcel coverage. The guest house, along with the main dwelling and any other
accessory structures, shall not exceed an overall parcel coverage of 40 percent; and
22.42.070 - Home -Based Businesses
Home based businesses are allowed in residential zoning districts when operated in compliance with
the provisions of this Subsection:
A. Operational standards. Home based businesses shalt comply with the following operating
standards:
1. Location. The location of the business shall be the principal residence of the person(s)
conducting the business and shall be clearly incidental and secondary to the use of the
property for residential purposes;
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2. No alterations. Alterations shall not be made which could alter the character of the
ification in compliance with the building Code;
residence or change its occupancv class
3. Signs. Advertising sign(s), displays of merchandise or stock in trade, or other
identification of the business activity shall not be provided on the premises;
4. Nuisance factors_ The business shall not create levels of glare, light, noise, electrical
interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess
of that customarily associated with similar residential uses;
5. Family rrtem Residents only. Persons engaged in the business shall be limited to
persons residing on the premises;
6. Size. The total floor area used for the business, including any area within accessory
structures, shall not exceed 20 percent of the total living space of the dwelling unit or
400 square feet, whichever is larger. The space devoted to non-commercial business
vehicles under one ton carrying capacity, parked in the garage, is excluded from the
total floor area devoted to the business;
7. Use to be enclosed. The business shall be conducted completely within the enclosed
living space of the residence or accessory structure. If the business is conducted within
a garage, the use shall not encroach within the required parking spaces for the
residence. The vehicle door to the garage shall remain closed while the business
activity is being conducted.
8_ No outside storage. Equipment, materials or products associated with the business
shall not be stored outdoors. Contractors are not permitted to store landscaping,
plumbing, electrical, construction or similar supplies or materials on the premises,
except those contained within a single vehicle of less than three-fourths ton carrying
capacity.
9. Hazardous materials. The business shall not involve the storage or use of explosive,
flammable, or toxic materials specifically defined as hazardous materials;
10. Vehicle trips. The business shall not generate additional pedestrian or vehicular trips
in excess of that customarily associated with the zoning district in which it is to be
located. Clients, customers, patrons or students shall not visit or conduct business at
the residence. Truck deliveries of mail or packages are not permitted to average more
than two times per week; and
11. Sale and storage of merchandise. Merchandise, products or stock -win -trade shall not
be sold upon the premises, and stock used by the business that is not customary to a
residence shall be stored at an off-site location (e.g., storage facility or other non-
residential location). Required parking spaces shall be kept clear and used only for
the parking of vehicles owned by persons residing on the premises.
B. Prohibited home based businesses. Home based businesses are prohibited that would:
Not comply with the standards and criteria contained in Subsection 9.xx.xxx.A.
(Operating standards) shall not be allowed;
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Standards for Specitic Land Uses
2. Generate levels of dust, g;, ; � - `_ .. _. <-
e/li(,ht, noise, odor, or traffic which i,,(uild have a
significant adverse effect upon the neighborhood and environmental setting of the
residential site;
3. Be inconsistent with the General Plan and an applicable specific plan;
4. Threaten the health and safety of the citizens of the City; and
5• Clearly represent a use that would conflict with the normal residential atmosphere of
the neighborhood surrounding the subject site.
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t,w..darni; Err specific Land Lwes
22.42.080 - Outdoor Display and Sales Standards
This Section provides development and operational standards for outdoor uses, including temporary
outdoor display and sales (Subsection A., below), permanent outdoor display and sales (Subsection
B., below) and outdoor dining and seating areas (Subsection C., below).
A. Temporary outdoor displays and sales. Temporary outdoor displays and sales may be
allowed with the approval of a Temporary Use Permit, in compliance with the following
standards. In approving an application for a Temporary Use Permit, the Director may impose
conditions deemed necessary to ensure that the permit will be in compliance with the findings
required by 22.50.060 (Action by the Director). These conditions may address any pertinent
factors affecting the operation of the temporary event or use, and may include the following:
1. Fixed period of time. Provision for a fixed period of time as specified by the permit,
or where not specified, not to exceed 10 consecutive days;
2. Landscaping. Landscaping may be required to ensure that the event has a pleasing
appearance and that the screening requirements identified in Subsection A.8., below,
are satisfied, subject to the approval of the Director;
3. Nuisance factors. Regulation of nuisance factors including, but not limited to,
prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat,
noise, odors, smoke, waste and vibration;
4. Operating hours. Regulation of operating hours and days, including limitation of the
duration of the temporary event, as identified in subsection A.1., above;
5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular
circulation, including vehicular ingress and egress and public transportation, if
applicable, in compliance with 22.30 (Off -Street Parking and Loading Standards);
6. Performance bond. Submission of a performance bond or other surety measures,
satisfactory to the Director, may be required to ensure that any temporary facilities will
be removed from the site within a reasonable time following the event, the property
will be cleaned of debris, or other evidence of the event, and the site restored to its
former condition;
7. Sanitary and medical facilities. Provision for sanitary and medical facilities, as
appropriate;
8. Security. Provision for security and safety measures, if applicable;
9. Setbacks. Provision of appropriate setbacks to ensure separation from adjacent land
uses and a safe environment for pedestrians and vehicles, subject to the approval of the
Director;
10. Signs. Regulation of signs, in compliance with 22.36 (Signs);
11. Temporary structures. Regulation of temporary structures and facilities, including
placement, height and size, location of equipment and open spaces, including buffer
areas and other yards;
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12. Waste collection and disposal. Provision for solid, hazardous, and toxic waste
collection, recycling; and/or disposal;
13. Development Code compliance. A requirement that the approval of the rerluested
Temporary Use Permit is contingent upon a finding, by the Director, that the
operation will be in compliance with the applicable provisions of this Section, the
Development Code and successful approval of all required permits from another
department(s) or governing agency; and
14. Other conditions. Other conditions that will ensure the operation of the proposed
temporary event in an orderly and efficient manner.
B. Permanent outdoor displays and sales. The permanent outdoor display/sale of merchandise
shall comply with the following standards and shall be subject to the approval of a Minor
Conditional Use Permit, in compliance with 22.56, unless a Conditional Use Permit is
specifically required below:
1. Height of displayed materials. The outdoor display of merchandise shall not exceed
a height of seven feet above finish grade. Heights greater than seven feet may be
allowed subject to the approval of a Conditional Use Permit, in compliance with 22.58;
2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor
sales areas shall not encroach into required setback areas. In zoning districts where no
setback area is required, the outdoor sales area shall be set back a minimum of 10 feet
from adjacent property line(S) unless otherwise allowed through the approval of a
Conditional Use Permit, in compliance with 22.58;
3. Location of merchandise. Displayed merchandise shall occupy a fixed, specifically
approved and defined location that does not disrupt the normal function of the site or
its circulation, and does not encroach upon driveways, landscaped areas, parking
spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or
otherwise create hazards for vehicle or pedestrian traffic;
4. Relationship to main use. The outdoor display and sales area shall be directly related
to a business occupying a permanent structure on the subject parcel;
5. Screening required. Outdoor sales and activity areas shall be screened from adjacent
Public rights-of-way by decorative walls, fences and/or landscaping in compliance
with 22.16.080 (Screening and Buffering). Screening shall be provided to a height of
one foot above the approved height of the merchandise and materials being displayed;
and
6. Signs. Additional signs, beyond those normally allowed for the subject use, shall not
be provided as a result of the outdoor display and sales area.
C. Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to
the approval of a Conditional Use Permit, in compliance with 22.58 and the following
standards:
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7tandarcis for Land Uses
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:
Accessible. The dining area shall be accessible from inside the restaurant only,
Lidless the Director waives this requirement in circumstances where this is not
feasible or practical;
b. Physically defined. The dining area shall be clearly and physically defined.
It shall be clearly a part of the restaurant it serves; and
C. Supervision. The dining area shall be supervised by a restaurant employee to
ensure conformance with laws regarding on-site consumption of alcoholic
beverages.
Parking requirements. Outdoor dining and seating areas shall comply with the
following off-street parking requirements:
a. Parking calculations. Off-street parking requirements shall be calculated in
compliance with 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 operated on a seasonal basis; and
b. 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.
3_ Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in
common, shall provide adequate clean-up facilities, and associated procedures, in the
following manner:
a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis
for removal of litter and food items which constitute a nuisance to public health
and safety; and
b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for
use by the public and/or restaurant employees.
4. Design compatibility. Outdoor dining and seating areas are subject to Development
Review in compliance with 22.48, To ensure compatibility with surrounding uses and
a high standard of design quality, the following standards shall be implemented:
a. Compatible elements. Outdoor dining and seating areas and associated
structural elements, awnings, covers, furniture, umbrellas or other physical
elements which are visible from the public rights-of-way, shall be compatible
with the overall design of the main structure(s);
b. Entertainment. Outdoor dining and seating areas that provide dancing,
entertainment or amplified music shall require the preparation of a noise
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anaiysis with appropriate mitigation measures to ensure that noise iev els �vili
not exceed those specified in 22.28. (Noise Control);
C. Pedestrian experience. The use of awnings, plants, umbrellas and other
human scale elements is encouraged to enhance the pedestrian experience;
d. 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;
e. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or
pedestrian traffic flow and not necessitate the removal of existing pedestrian
or vehicular movement areas;
f. Separation requirements. Outdoor dining and seating areas shall be separated
from residential uses, at a minimum distance of 200 feet, except in mixed-use
projects;
9. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five
feet from property lines or parking lots;
h. Waste receptacles. Waste receptacles shall be provided in outside seating
areas, where and when appropriate.
5. One year review required. Conditional Use Permits for outdoor dining and seating
areas are subject to review after one year, at which time the Director shall conduct a
study to determine if adverse impacts have resulted from the use. If none are found,
then a permanent Conditional Use Permit may be granted; and
22.42.090 - Outdoor Storage or Work Activities
This Section establishes standards for the location, screening, and operation of outdoor storage areas.
A. Outdoor storage areas. Where allowed by Article 11 (Zoning Districts and Allowable Land
Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall
a minimum of six feet in height in conjunction with landscape screening.
B. Review and approval required. Uses proposing outdoor storage or work activities shall be
subject to review and approval by the Director in compliance with 22.48 (Development
Review).
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standards fk,r Ipecific Land '-ses
22.42.100 - Recycling Facilities
,.4,
This Section establishes standards and procedures for the siting and operation of various types and
sizes of commercial recycling facilities.
A. Permit requirements. Recycling facilities are subject to permit review in the commercial and
industrial zoning districts in compliance with the following schedule:
Type of facility Zoning Permit required
districts
allowed
Reverse vending machine(s) All Development
Commercial Review for up to 5
I reverse vending
machines
Small collection I Development
Review
Large collection I Conditional Use
Permit
Light and heavy processing (scrap I
and dismantling yards)
B. Development and operating standards. Recycling facilities shall comply with the following
specific standards:
1. Reverse vending machines. Reverse vending machine(s) located within a commercial
or manufacturing location shall not require additional parking spaces for recycling
customers, and may be allowed in all commercial and manufacturing zoning districts,
subject to Development Review and compliance with the following standards:
a. Shall be installed as an accessory use in compliance with the applicable
provisions of this Development Code and the Municipal Code;
b. If located inside of a structure, shall be within 30 feet of the entrance and shall
not obstruct pedestrian circulation;
C. If located outside of a structure, shall not occupy parking spaces required by
the main use, and shall be constructed of durable waterproof and rustproof
material(s);
d. Shall not exceed 50 square feet for each installation, including any protective
enclosure, nor eight feet in height;
e. Shall have a maximum sign area of four square feet for each machine, exclusive
of operating instructions;
f. Shall have operating hours which are consistent with the operating hours of the
main use; and
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Shall be illuminated to ensure comfortable and safe operation if operating
hours are between dusk and dawn, in compliance with 22.16.050 (Exterior
Lighting).
Small collection facilities. Small collection facilities are allowed within the
manufacturing zoning district only, subject to Development Review and compliance
with the following standards:
a. May be installed in a manufacturing zoning district and be in full compliance
with the applicable provisions of this Development Code and the Municipal
Code;
b. Shall not exceed an area of 350 square feet nor three parking spaces, not
including space that will be periodically needed for the removal of materials
or exchange of containers;
C. Shall be set back at least 10 feet from any public right-of-way, and not obstruct
pedestrian or vehicular circulation;
d. Shall accept only glass, metal or plastic containers, paper and reusable items;
e. Shall not use power -driven processing equipment except for reverse vending
machines;
Shall use containers that are constructed with durable waterproof and
rustproof material(s), secured from unauthorized removal of material, and
Shall be of a capacity sufficient to accommodate materials collected and the
collection schedule;
g. Shall not be located within 50 feet of any parcel zoned or occupied for
residential use;
h. Collection containers and site fencing shall be of a color and design to be both
compatible and harmonious with the surrounding uses and neighborhood;
i. Signs may be provided as follows:
1) Recycling facilities may have identification signs with a maximum area
of 15 percent for each side of the structure or 12 square feet, whichever
is greater. In the case of a wheeled facility, the side shall be measured
from the ground to the top of the container;
2) Signs shall be both compatible and harmonious with the character of
their location; and
3) Directional signs, consistent with 22.36 (Signs) and without advertising
message, may be installed with the approval of the Director if found
necessary to facilitate traffic circulation or if the facility is not visible
from the public right-of-way.
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" III -184
ndards ror _-�pecitic Land U, es
_L42
The facility shall not impair the landscaping required by 22.24 (Landscaping,)
for anv concurrent use allowed by this Development Code;
Additional parking spaces shall not be required for customers of a small
collection facility located in the established parking lot of the main use. One
space shall be provided for the attendant, if needed;
Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be
present;
M. Use of parking spaces by the facility and by the attendant shall not reduce
available parking spaces below the minimum number required for the main
use unless a parking study shows that existing capacity is not fully utilized
during the time the recycling facility will be on the site; and
n. Shall be subject to landscaping and/or screening as determined through
Development Review.
Large collection facilities. A large collection facility which is larger than 350 square
feet, or on a separate parcel not accessory to a main use, which has a permanent
structure is allowed in the manufacturing zoning district, subject to a Conditional Use
Permit, in compliance with 22.58 and the following standards:
a. The facility does not abut a parcel zoned or occupied for residential use;
b. The facility shall be screened from the public rights-of-way, within an enclosed
structure, or behind fences, walls or screen planting;
C. Structure setbacks and landscape requirements shall be those provided for the
zoning district in which the facility is located;
d. Exterior storage of material shall be in sturdy containers which are secured,
and maintained in good condition at all times. Storage, excluding truck
trailers, shall not be visible above the height of the required fence, wall or
screen planting;
The site shall be maintained clean, sanitary and free of litter and any other
undesirable materials, and will be cleaned of loose debris on a daily basis;
Containers provided for "after hours" donation of recyclable materials shall be
permanently located at least 100 feet from any residential zoning district,
constructed of sturdy, rustproof material(s), with sufficient capacity to
accommodate materials collected, and secured from unauthorized entry or
removal of materials; and
g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be
detectable from adjoining parcels.
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" I11-185
�tand.�rds t,)r -pecific Land Cases
4. Processing facilities. Light and heavy processing facilities are allowed in the
industrial zoning district subject to a Conditional Use Permit and compliance with the
following standards:
a• The facility shall not abut a parcel zoned or occupied for residential use;
b. Light processing facilities are limited to baling, briquetting, compacting,
crushing, grinding, shredding and sorting of source -separated recyclable
materials and repairing of reusable materials;
C. A lightprocessing facility shall not exceed 45,000 square feet, may have up to
an average of two outbound truck shipments of material each day, and shall
not bale, compact or shred ferrous metals other than beverage and food
containers.
A heavy processor may exceed 45,000 square feet and two outbound truck
shipments each day, and may perform those functions not allowed at light
processing facilities;
d. Exterior storage of material shall be in sturdy containers or enclosures which
are maintained and secured in good condition at all times. Storage containers
for flammable materials shall be constructed of nonflammable material(s).
Outdoor storage shall be screened by a six-foot high opaque fence or solid
masonry wall. Storage, excluding truck trailers, shall not be visible above the
height of the required fence or wall;
e. Any containers provided for "after hours" donation of recyclable materials shall
be permanently located at least 100 feet from any residential zoning district,
constructed of sturdy, rustproof material(s), with sufficient capacity to
accommodate materials collected, and secured from unauthorized entry or
removal of the materials; and
Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be
detectable from adjoining parcels.
Time limits. Any permit issued in compliance with this Section shall have a maximum
term established by the approved Conditional Use Permit. Before permit renewal, the
Director shall consider the permittee's history of compliance with the established
conditions of approval, as well as the applicable provisions of this Section and the
Municipal Code.
C. General standards. Recycling facilities shall comply with the following standards:
1. Signs. Facilities shall be provided with identification and informational signs that meet
the standards of the applicable zoning district:
a. Collection containers and reverse vending machines shall be clearly marked to
identify the type of material which may be deposited, and display a notice
stating that discarded material shall not be left outside of the recycling
enclosure or machine; and
Diamond Bair -Development Code Article III -Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" I11-186
.. I , , tl _l A._ � , , I Cc ri, �_,)1,. �.
b. The facility shall be clearly marked to identify the name and telephone number
of the operator and the hours of operation.
Additional identification and directional signs without an advertising message may be
installed with the approval of the Director, if necessary to facilitate traffic circulation.
2. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the
disposal of nonrecyclable and nonhazardous waste materials.
22.42.110 - Residential Accessory Uses and Structures
This Section provides standards for specific residential accessory uses and structures allowed in the
zoning district applicable to a parcel (see 22.08.030, Residential Zone Land Uses and Permit
Requirements). Residential accessory uses include any use that is customarily related to a residence,
including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and
workshops.
A. General requirements. Accessory uses and structures are subject to the following standards,
except where more restrictive requirements are established by other provisions of this Section
for specific uses.
1. Relationship of accessory use to the main use. Accessory uses and structures shall
be incidental to and not alter the character of the site from that created by the main use.
Attached structures. An accessory structure that is attached to a main structure shall
be architecturally compatible with, and made structurally a part of the main structure
(e.g., share a common wall with the main structure). It shall also comply with the
requirements of this Development Code applicable to the main structure, including but
not limited to setbacks, heights and floor area ratio.
3. Detached structures:
a. Coverage. The floor area of a single detached accessory structure shall not
exceed 30 percent, nor shall the sum of the floor area(s) of the total number of
detached accessory structures exceed 40 percent, of the required rear yard of
the parcel. A covered patio or barbecue area shall not be construed as an
accessory structure for purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials
and architecture of the main dwelling(s) on the property.
C. Setback requirements. As provided by Table 3-xx (Required Setbacks -
Accessory Uses and Structures). Accessory structures shall not be closer than
three feet to any side lot line, nor within five feet of the side line of the front
half of any adjoining parcel.
B. Antennas. Antennas are subject to the provisions of 22.42.130 (Telecommunications
Facilities).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" 111-187
�:;ta'ularos fc'r �teciric Lard ',r,:
C. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each
dwelling unit (including any workshop or storage space within the garage) unless a lar;er area
is authorized by the Director through Development Review, in compliance with 22.48.
D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling
unit or 10 percent of the parcel, whichever is less.
E. Home occupations. Home occupations are subject to the requirements of 22.42.070.
F. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed
accessory to approved residential uses on the same parcel, subject to the following provisions:
Limitation on use. The pool is to be used solely by occupants of the dwelling(s) on the
same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent
uncontrolled access by children, in compliance with the Building Code.
G. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for
other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following
requirements:
1. Fencing: Shall be subject to the height limits of 22.20 (Fences, Walls, and Hedges); and
2. Lighting, Court lighting shall not exceed a maximum height of 20 feet, measured from
the court surface. The lighting shall be directed downward, shall only illuminate the
court, and shall not illuminate adjacent property, in compliance with 22.16.050
(Exterior Lighting).
H. Workshops or studios. Any accessory structure intended solely or primarily for engaging in
artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following
standards when located in a residential zoning district:
Limitation on use: An accessory structure may be constructed or used as a studio or
workshop in any residential zoning district solely for the following non-commercial
activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture);
C. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the
occupants; or
e. Other similar purposes.
Any use of accessory workshops for any commercial activity shall meet the standards
for Home -Based Businesses, in compliance with 22.42.070; and
Diamond Bar Development Code Article M - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" I11-188
�_ randi r�is rnr �pe_ci fic Land ;:,es — 2-42
2. Floor area. A workshop shall not occupy an area larger than'�5 percent of the floor
area of the main structure, except where a workshop is combined with a garage. In this
case Subsection C (Garages), above shall apply.
TABLE 3 -XX
REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES
Single-Familv Detached Homes
Accessory Structure
Type of Setback' i
Required
LSwimming pool, spa, fish pond, outdoor
Front
Setback `
Garage, gazebo, greenhouse, patio cover,
Sides, street side
i: As required for
storage shed, workshop
Rear
main structure.
Street side
As required for
t
main structure.
`Swimming pool, spa, fish pond, outdoor
Sides, rear'
3 feet.
play equipment
Side
I
3 feet
i
Street side
As required for
main structure.
Stationary barbecue, fire pit, propane tank
Sides, rear'
3 feet.
Street side
As required for
main structure.
Air conditioning equipment, pool and spa
Sides, rear'
3 feet.
equipment, ground-based antennas
Street side
As required for
main structure.
Multi -Family, Attached/
Detached
Garage, gazebo, greenhouse, patio cover,
storage shed, workshop
Sides, street side
Rear'
As required for
main structure.
As required for
main structure.
LSwimming pool, spa, fish pond, outdoor
Front
10 feet
play equipment
Sides
5 feet
Street side
10 feet
Rear '
S feet
`Stationary barbecue, fire pit, propane tank
I Front
10 feet
�
�
Side
I
3 feet
i
Street Side
1 10 feet
L I Rear' ii 3 feet
Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks
shall be established by the Director.
(2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject
parcel.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" I1I-189
�__,,-Irdards for '_7peciric Land L'ses
22.42
=) [wear yard setback fora detached accessory structure on a double -frontage parcel shall be a minimum of 20
percent of the parcel depth to a maximum of 2i feet.
22.42.120 - Secondary Housing Units
This Subsection provides standards for the establishment of secondary residential units.
A. Minor Conditional Use Permit required. Secondary residential units may be allowed in the
zoning districts specified in 22.08.030 (Residential District Land Uses and Permit
Requirements) subject to the approval of a Minor Conditional Use Permit (22.56) and in
compliance with this Subsection. The applicant shall be the owner and resident of the main
dwelling.
B. Number of secondary units allowed. Only one secondary dwelling unit shall be allowed on
a single-family parcel.
C. Site requirements. A parcel proposed for a secondary dwelling unit shall comply with all the
following requirements:
1. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50
feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square
feet, exclusively for the secondary unit; and
2. The parcel shall be developed with only one existing owner occupied single-family
detached main dwelling unit.
D. Location of secondary unit. A secondary dwelling unit may be within, attached to, or
detached from the existing main dwelling unit. If detached, the secondary unit shall be
separated from the main dwelling unit a minimum of 10 feet.
E. Design standards. A secondary dwelling unit shall:
1. Have a floor area not exceeding 30 percent of the existing living area of the main
dwelling for an attached unit, or 1,200 square feet of floor area for a detached unit;
2. Be architecturally compatible with the main dwelling unit;
3. Comply with height and setback requirements for the main dwelling;
4. Contain separate kitchen and bathroom facilities and have a separate entrance from
the main dwelling.
F. Parking. The secondary dwelling unit shall be provided one covered off-street parking space
in a carport or garage, in addition to that required for the main dwelling unit, in compliance
with 22.30 (Off -Street Parking and Loading Standards).
G. Rental of unit. A secondary dwelling unit may be rented, although rental is not required.
H. Required findings for approval. The following findings shall be made, in addition to those
in 22.56.040 (Findings and Decision), to approve a Minor Conditional Use Permit for a
secondary dwelling unit:
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - November 16, 1997 Exhibit "A" I1I-190
�tand�rd= ror �pe��ti� Lend �_ c�
The secondary dwelling unit is compatible with the design of the main dwelling unit
and thesurrounding neighborhood in terms of scale, exterior treatment, height,
setbacks and landscaping, and will not cause excessive noise, traffic, or other
disturbances to the existing residential neighborhood, or result in significantly adverse
effects on public services and resources; and
The secondary dwelling unit will not contribute to a high concentration of these units
sufficient to change the character of the surrounding residential neighborhood.
22.42.130 - Telecommunications Facilities
To be completed.
CHAPTER 22.42 - STANDARDS FOR SPECIFIC LAND
Sections:
22.42.010 - Purpose and Applicability
22.42.020 - Adult -Oriented Businesses
22.42.030 - Animals as Pets
22.42.040 - Child Day -Care Facilities
22.42.050 - Drive -In and Drive -Through Facilities
22.42.060 - Guest Houses
29.42.070 - Home -Based Businesses
22.42.080 - Outdoor Display and Sales Standards
22.42.090 - Outdoor Storage or Work Activities
22.42.1.00 - Recycling Facilities
22.42.1.10 - Residential Accessory Uses and Structures
22.42.120 - Secondary Housing Units
22.42.130 - Telecommunications Facilities
22.42.010 - Purpose and Applicability
This Chapter provides site planning and development standards for land uses that are allowed
by Article II (Zoning Districts and Allowable Land Uses).
22.42.020 -Adult -Oriented Businesses
This Section establishes standards for the location, development, and operation of adult
entertainment business.
A. Purpose. It is the intent of this article to prevent community wide adverse economic impacts, increased
crime, decreased property values, and the deterioration of neighborhoods brought about by the
concentration of Adult -Oriented Businesses in close proximity to each other or proximity to other
incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City
Council finds that it has been demonstrated in various communities that the concentration of Adult -Oriented
Businesses causes an increase in the number of transients in the area, and an increase in crime, and in
addition to the effects described above can cause other businesses and residents to move elsewhere. It is,
therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the
concentration of Adult -Oriented Businesses or their close proximity to incompatible uses, while permitting
the location of Adult -Oriented Businesses in certain areas.
�}. B Applicability. Adult -Oriented businesses, shall be allowed in the light
Industry zoning district, subject to the approval of an Adult -Oriented Business Permit
E, subject to the suplemental provisions outlined
ondititmain subsection C below.
PLEASE NOTE THAT DEVELOPMENT AND PERFORMANCE STANDARDS HAVE BEEN
RELOCATED TO SECTION K & L BELOW
— `
i-t�tpFPermit.
Diarnond Bar Development Code Article III - Site Planning
Administrative Draft - November 16,1997 Exhibit "B" III -159
Standards for Specific Land Uses
E222
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Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" III -160
Standards for Specific Land Uses
lErIg •Mt 11 IB
i - ■
C. ADULT-ORIENTED BUSINESS PERMIT - APPLICATION
In order to operate an Adult -Oriented Business within this City, the applicant or proprietor of the business
must obtain an Adult Oriented Business Permit as required herein. All applicants for such a permit, in
addition to any application or documents required to be filed pursuant to the provisions of this chapter,
Diamond Bar Development Code Article M -Site Planning
III -161
Administrative Draft - November 16,1997 Exhibit "B"
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- - • - • - -- - - - - - i
- i i - - - - - •- i i i
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i
i
C. ADULT-ORIENTED BUSINESS PERMIT - APPLICATION
In order to operate an Adult -Oriented Business within this City, the applicant or proprietor of the business
must obtain an Adult Oriented Business Permit as required herein. All applicants for such a permit, in
addition to any application or documents required to be filed pursuant to the provisions of this chapter,
Diamond Bar Development Code Article M -Site Planning
III -161
Administrative Draft - November 16,1997 Exhibit "B"
Standards for Specific Land Uses
shall file a written, signed, and verified application on a form provided by the Deputy City Manager
evidencing the following:
t. The name and permanent address of the applicant;
2. The name and business address of the applicants. If the applicant is a corporation, the applicant shall
provide the name of and the State of Incorporation. The name shall be exactly as set forth in its
Articles of Incorporation, and the applicant shall show the name and address of each of the officers,
directors, and controlling stockholders owning no less that 10 (ten) percent of the stock of the
corporation. If the applicant is a partnership, the application shall show the name and address of each
of the partners, including limited partners;
3. Location and address of the proposed Adult -Oriented Business;
4. Legal description of the subject property;
5. A detailed description of the manner of providing proposed entertainment, including type of
entertainment and the number of persons engaged in the entertainment;
6. Proposed hours of operation;
7. A floor plan showing where the specific entertainment uses are proposed to be conducted within the
building;
B. The name or names of the person or persons having responsibility for the management or supervision
of the applicant's business and of any entertainment; and
9. Statement of the nature and character of the applicant's business, if any, to be carried on in
conjunction with such entertainment.
Notwithstanding the fact that an application filed hereunder may be a "public record" under
Government Code Section 6250 et seq., certain portions of such application contain information vital
to the effective administration and enforcement of the licensing and/or permit scheme established
herein which is personal, private, confidential, or the disclosure of which could expose the applicant
to a risk of harm. Such information includes, but is not limited to, the applicant's residence address
and telephone number, the applicant's date of birth and/or age, the applicant's driver's license andlor
Social Security Number, and/or personal financial data. The City Council in adopting the application
and licensing andf or permit system set forth herein has determined in accordance with Government
Code Section 6255 that the public interest in disclosure of the information set forth above is
outweighed by the public interest in achieving compliance with this Chapter by ensuring that the
applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to
be obliterated from any copy of a completed license application made available to any member of the
public, the information set forth above.
D. REFERRAL OF APPLICATION FOR INVESTIGATION
The Deputy City Manager shall refer the permit application to the designated head of the law
enforcement agency providing police services to the City for an investigation to be made of such
information as is contained on the application.
Diamond Bar Development Code Article IIT - Site Planning
Administrative Draft - November 16,1997 Exhibit "B" 1III-162
Standards for Specific Land Uses
jp-,xWb jD
1. After an investigation, the designated head of the law enforcement agency providing police
services to the Deputy City Manager. The Deputy City Manager shall approve the permit unless one
or more of the following findings is true;
a. That the applicant, his or her employee, agent, partner, director, officer, controlling stock
holder, or manager has knowingly made any false, misleading, or fraudulent statement of
material fact in the application for a permit, or in any report or record required to be filed with
any City or county agency or department.
b. That on the date that the business for which a permit is required herein commences, or
thereafter, there will be no responsible person on the premises to act as manager at all times
during which the Adult -Oriented Business is open.
c. That an applicant is under 18 years of age.
d. That an applicant has been convicted of a "Specific Criminal Act" for which:
(1) Less than two (2) years have elapsed since the date of conviction or the date of release
from confinement, whichever is the later date, if the conviction is of a misdemeanor
offense for the "Specified Criminal Acts" which are sexual crimes against children;
sexual abuse; rape; or crimes connected with another Adult -Oriented Business including,
but not limited to, distribution of obscenity; distribution, display, or sale of material
harmful to minors; prostitution; or pandering.
(2) less than five (5) years have elapsed since the date of conviction or the date of release
from confinement, whichever is the later date, if the convictions are of two (2) or more
misdemeanors for the "Specified Criminal Acts" which are sexual crimes against children;
sexual abuse; rape; or crimes connected with another Adult -Oriented Business including,
but not limited to, distribution of obscenity; distribution, display, or sale of material
harmful to minors; prostitution; or pandering; or conviction of any such offense occurring
within twenty-four (24) months prior to application.
(3) The fact that a conviction is being appealed shall have no effect on disqualification of the
applicant.
(4) An applicant who has been convicted of any of the above described "Specified Criminal
Acts" may qualify to awn, operate, or manage an Adult -Oriented Business only when the
required time period has elapsed.
!. In the event that the information requested pursuant to this Chapter is not immediately available,
the designated head of the law enforcement entity providing police services to the City shall - if
the application otherwise meets the requirements of this Chapter and the investigation conducted
reveals none of the factors set forth in subsection (a) above - issue a report thereon and the permit
shall issue therefrom. Where upon, the City Manager, or designee thereof, shall issue the permit.
Should the information obtained pursuant to this Chapter of this Code materially vary from that
on the application, such variance shall be cause to revoke the permit.
3. The City's decision to grant or deny the permit shall not include information authorized or required
to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.
Article III - Site Planning
Diamond Bar Development Code III -163
Administrative Draft - November 16, 1997 Exhibit "B"
Standards for Specific Land Uses® 22 2 "B"'
E. TRANSFER OF ADULT-ORIENTED BUSINESS PERMITS.
1. A permittee shall not operate an Adult -Oriented Business under the authority of an Adult -Oriented
Business Permit at any place other than the address of the Adult -Oriented Business stated in the
application for the Permit.
2. A permittee shall not transfer ownership or contol of an Adult -Oriented Business or transfer an
Adult -Oriented Business Permit to another person unless and until the transferee obtains an
amendment to the Permit from the designated head of the law enforcement agency providing police
services for the City stating that the transferee is now the permittee. Such an amendment may
be obtained only if the transferee files an application in accordance with Section C.
3. No Permit may be transferred when the applicant has been notified that the Permit has been or
may be suspended or revoked.
4. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby
declared void, and the Permit shall be deemed revoked.
F. LOCATIONISEPARATION REQUIREMENTS
It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult
motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within
500 feet of any other similar adult business, religious institution, school, or public park, or any property
designated for residential use or used for residential purposes.
G. DESIGN STANDARDS
1. No sexually oriented business shall be located in any temporary or portable structure.
2. Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
3. No landscaping shall exceed thirty inches (30'1 in height, except trees with foliage not less than six feet
(6') above the ground.
4. All off-street parking areas and premise entries of the sexually oriented business shall be illuminated
from dusk to closing hours of operation with a lighting system which provides an average maintained
horizontal illumination of one (1) footcandle of light on parking surfaces and walkways. The lighting
shall be shown on the site plan required by this chapter.
5. The premises within which the sexually oriented business is located shall provide sufficient sound -
absorbing insulation so that noise generated inside said premises shall not be audible anywhere on
adjacent property, public rights-of-way or within any separate unit within the same building.
6. The building entrance to the sexually oriented business shall be clearly and legibly posted with a notice
indicating that persons under eighteen (18) years of -age are precluded from entering the premises.
7. All indoor areas of the sexually oriented business within which patrons are permitted, except
restrooms, shall be open to view by the management at all times.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" I1I-164
Standards for Specific Land Uses
+ a It av it
All areas of the sexually oriented business shall be illuminated at a minimum of the following
footcandles, minimally maintained and evenly distributed at ground level:
Area
Bookstores, Novelty Stores
Video Stores
Theaters and cabarets
Arcades
Motels(Hotels
Footcandles
20
5 (except during
performances, at which
times lighting shall be
at least 1.25 foot-
candles)
10
20 (in public areas)
Modeling studios 20
9. The sexually oriented business shall provide and maintain separate restroom facilities for male patrons
and employees, and female patrons and employees. Male patrons and employees shall he prohibited
from using the restroom(s) for females, and female patrons and employees shall be prohibited from
using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the
restroom facilities. The rostrums shall be free from sexually oriented material and sexually oriented
merchandise. Restrooms shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not
apply to a sexually oriented business which: (i) is not required to and does not provide restroom
facilities to patrons or the general public; and (ii) deals exclusively with sale or rental of sexually
oriented material or sexually oriented merchandise which is not used or consumed on the premises.
10. Adult arcades shall comply with the following additional requirements:
a. The interior of the premises shall be configured in such a manner that from a manager's
station there is an unobstructed view of every area of the premises to which any patron is
permitted access for any purpose, excluding restrooms. If the premises has two or more
designated manager's stations then the interior shall be configured in such a manner that from
at least one of the manager's stations there is an unobstructed view of each area of the
premises to which any patron is permitted access for any purpose, excluding restrooms. The
view required in this subparagraph must be direct line of sight from the designated manager's
station.
b. The view specified in subparagraph (1) shall at all times remain unobstructed by doors, walls,
merchandise, display racks, or other materials.
C. The walls or partitions between viewing rooms or booths shall be maintained in good repair
at all times. The walls or partitions between viewing rooms or booths shall not contain holes
between any two such rooms or booths such as would allow either: (i) viewing from one room
or booth into another; or (ii) physical contact of any kind between the occupants of any two
such rooms or booths.
Article III - Site Planning
Diamond Bar Development Code
Administrative Draft - November 16, 1997 Exhibit "B" III -165
Standards for Specific Land Uses
ExWbit
"13'" D
11. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control
Commission, shall comply with the following additional requirements:
a. Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers,
use, shall be provided.
An entrance(exit for entertainers, separate from the entrancelexit used by patrons, shall be
provided.
C. Access between the stage and the entertainers' dressing room facilities, completely separated
from the patrons, shall he provided. If such separate access is not physically feasible, a
minimum three foot (3) wide walk aisle between the entertainers, dressing room facilities and
the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier
separating the patrons and the entertainers. Such railing, fence or other barrier shall be at
least thirty inches (30") in height and shall be sufficient to prevent any physical contact
between patrons and entertainers.
PERFORMANCE STANDARDS.
1. No sexually oriented business shall be operated in a manner that permits the observation, from public
rights-of-way or locations outside the establishment, of either: (i) sexually oriented material; (ii)
sexually oriented merchandise; (iii) specified sexual activities; or (iv) any semi-nude person. This
provision shall apply to any display, decoration, sign, show window or other opening.
2. Exterior doors and windows of the sexually oriented business shall not be propped or kept open at any
time while the business is open.
3. Exterior windows of the sexually oriented business shall be covered with opaque covering at all times
4. Patrons shall not be permitted access to any area of the sexually oriented business which has been
designated as an area in which patrons will not be permitted.
5. No person under the age of eighteen (18) years shall be permitted within the sexually oriented business
at any time.
6. The sexually oriented business shall maintain a security system that visually monitors and records all
parking surfaces serving the business.
7. Security guards shall be employed in order to maintain the public peace and safety, based upon the
following standards.
a. One (1) security guard shall be on duty at all times while the business is open; provided,
however, that an additional security guard shall be on duty if the occupancy limit of the
premises is greater than thirty-five (35) persons.
h. The security guard(s) shall be: (i) certified by the State Commission on Peace Officer
Standards and Training; (iij currently employed, of f -duty peace officer (s) ; and (iii) uniformed
in such a manner so as to be readily identifiable as a security guard by the public.
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C. The security guards) shall be charged with preventing violations of law, enforcing patron
compliance with the requirements of this chapter, and with notifying the Los Angeles County
Sheriff's Department of any violations of law observed.
d. No security guard required pursuant to this paragraph shall act as a door person, ticket seller,
ticket taker, admittance person, or sole occupant of the manager's station while acting as a
security guard.
8. No owner or other person with managerial control over a sexually oriented business shall permit any
person on the premises of the sexually oriented business to engage in a live showing of specified
anatomical -areas.,
9. Adult arcades shall comply with the following additional requirements:
a. No viewing room or video booth may be occupied by more than one person at any one time.
b. At least one employee shall be on -duty and stationed at each manager's station at all times
that a patron is present inside the premises.
C. Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of
viewing rooms or booths; or (ii) the common area of the business.
d. Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and
booths.
e. The floors, seats, walls and other interior portions of viewing rooms and booths shall be
maintained clean and free from waste and bodily secretions. Presence of human excrement,
urine, semen or saliva in any viewing rooms or booths shall be evidence of improper
maintenance and inadequate sanitary controls.
10. Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control
Commission, shall comply with the following additional requirements:
a. No entertainer shall perform except upon a stage which is both: (i) at least eighteen inches
(18') above the level of the floor; and (ii) separated by a distance of at least ten feet (10' ) from
the nearest area occupied by patrons.
b. No patron shall he permitted within ten feet (10') of the stage while the stage is occupied by
an entertainer.
C. No entertainer shall have physical contact with a patron before, during or after performances.
This subparagraph shall only apply to physical contact on the premises of the business.
d. No patron shall have physical contact with an entertainer before, during or after
performances. This subparagraph shall only apply to physical contact on the premises of the
business.
e. No patron shall directly pay or give any gratuity to an entertainer.
f. No entertainer shall solicit any gratuity from a patron.
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11. Gross receipts records.
a. Maintenance. The owner of a sexually oriented business shall maintain complete records
which can be segregated with regard to all transactions involving products, merchandise,
services or entertainment which is characterized by an emphasis on specified sexual activities
or the exposure of specified anatomical areas. Such records shall be sufficient to establish
the percentage of gross receipts of the business which is derived from such transactions.
Such records shall be maintained for at least three years after the end of the calendar year
for which the records were created.
b. Exemption. This section shall not be applicable to a sexually oriented business for which such
transactions constitute less than twenty percent (20%) of the gross receipts of the business.
12. Register and permit number of entertainers.
a. Maintenance. Every owner of an adult cabaret and every owner of an adult theater shall
maintain on the premises of such business a register of all entertainers who perform at the
business. Such register shall list each entertainer's legal name, stage name (s) , and sexually
oriented business permit number.
b. Annual Filing. Every owner of an adult cabaret and every owner of an adult theater shall
annually file with the Director a copy of the register of entertainers who perform at the
business. Such filing shall be accompanied by a statement, signed by the owner, that all of
the information in the register is true and correct to the best of the owner's information and
belief.
EMPLOYMENT OF PERSONS WITHOUT PERMITS.
No permittee, owner, operator or other person in charge of a sexually oriented business shall allow any person
to perform at the business unless such person is in possession of a valid sexually oriented business entertainer
permit.
J. DISPLAY OF PERMIT
Every sexually oriented business shall display at all times during business hours the permit issued pursuant to
the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that
it may be readily seen by all persons entering the sexually oriented business.
K. INSPECTIONS. .
The owner, operator, or other person in charge of a sexually oriented business shall allow City officers and their
authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business
for the purpose of ensuring compliance with the law at any time the sexually oriented business is open for
business or is occupied.
L. CONDITIONS.
The requirements of this chapter shall be deemed conditions of adult-oriented business permit approvals. Failure
to comply with every such requirement shall be grounds for suspension or revocation of a sexually oriented
business permit.
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M. COUCH DANCINGISTRADDLE DANCING AND OTHER SEXUAL ACTIVITIES PROHIBITED
For purposes of this Section, couch dancing or straddle dancing shall be defined as an activity involving at least
two persons where at least one of the persons is a patron who is sitting or resting on an object or the floor and
at least one of the persons is dancing or moving such that said person's genitals, pubic region, buttock or female
breast, regardless of whether such body area is covered or uncovered, is positioned for any period of time
within three feet (3') of, and at a level between, the chin and forehead of, the person(s) who islare sitting or
resting on an object or the floor.
No person shall operate or cause to be operated an Adult -Oriented Business, regardless of whether or
not a permit has been issued under this Development Code, knowingly, or with reason to know,
permitting, suffering, or allowing any employee:
a. To engage in a couch dance or straddle dance with a patron at the business;
b. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance
with a person at the business;
C. To intentionally touch any patron at an Adult -Oriented Business while engaged in the display
or exposure of "specified anatomical area," or engaged in or simulating a "specified sexual
activity"; or
El. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure
of any "specified anatomical area" or engaged in or simulating a "specified sexual activity:'
No employee of an Adult -Oriented Business shall:
a. Engage in a couch dance or straddle dance with a patron at the business,
b. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the
business;
C. Engage in the display or exposure of any "specified anatomical area" or engage in or simulate
a "specified sexual activity" closer than six (6) feet from any patron.
No person at any Adult -Oriented Business, regardless of whether or not said business is permitted
under this Development Code shall intentionally touch an employee who is displaying or exposing any
"specified anatomical area" or engaging in or simulating a "specified sexual activity" at the Adult -
Oriented Business.
f. No person at any Adult -Oriented Business, regardless of whether or not said business is permitted
under this Development Code, shall engage in a couch dance or straddle dance with an employee at the
business who is displaying or exposing any "specified anatomical area "specified sexual activity:'
5. No employee of an Adult -Oriented Business, regardless of whether or not a permit has been issued for
said business under this Chapter, shall engage in a performance, solicit a performance, make a sale,
solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any
particular day.
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N. ESTABLISHMENT OF AN ADULT-ORIENTED BUSINESS
The establishment of an Adult -Oriented Business shall include any of the following:
f. The opening or commencement of operation of any such business as a new business.
2. The conversion of any existing business (whether or not an Adult -Oriented Business) to any Adult -
Oriented Business.
3. The addition of any Adult -Oriented Business to any existing Adult -Oriented Businesses if the addition
results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall
mean an increase in the size of the building within which the business is conducted by either
construction or use of an adjacent building or any portion thereof, whether located on the same or an
adjacent lot or parcel of land.
P. SUSPENSION OR REVOCATION OF PERMITS
Grounds for suspension or revocation.
1. The Deputy City Manger shall suspend or revoke an Adult -Oriented Business Permit for the following
causes:
a. The permittee has knowingly made any false, misleading or fraudulent statement of material
fact in the application, or in any report or record required to be filed with the City.
b. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has knowingly failed to comply with any of the requirements of
this section.
C. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has knowingly allowed or permitted the occurrence of criminal
activity on the premises of the sexually oriented business.
d. The permittee, or an employee, owner, agent, partner, director, stockholdere or manager of
the sexually oriented business has committed a misdemeanor or felony in the conduct of the
business.
e. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the
sexually oriented business has failed to abide by any disciplinary action previously imposed
by an authorized City official.
f. The approved use has been substantially enlarged without City approval.
22.42.030 - Animals as Pets
A. Household pets. Animals and fowl commonly considered as household pets (e.g., dogs, cats,
birds, etc.) maybe kept as an accessory use of residential property, provided the animals and
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fowl are kept in a humane and sanitary manner and in compliance with the provisions of this
Section.
B. Minor Conditional Use Permit may be required. The keeping of animals and fowl other than
those normally considered to be household pets, or in greater numbers or on smaller parcels
than allowed by this Section, shall require the approval of a Minor Conditional Use Permit in
compliance with 22.56.
A Minor Conditional Use Permit may only be issued in compliance with the following:
1. A Minor Conditional Use Permit shall not be granted if the review authority
determines that the area proposed for the animal to be kept is insufficient for the
size/type of animal; and
2. Fowl shall not be -kept within 20 feet of any dwelling or occupied structure.
D. Dogs and cats. No more than three dogs or cats over the age of three months shall be kept or
maintained at a place of residence, as designated by a single street address number in the City.
E. Horses. The keeping of horses is allowed on parcels greater than 15,000 square feet. One
horse may be kept for each 5,000 square feet of parcel area. Horses shall not be kept within 40
feet of any habitable structure.
F. Offensive animals. No person shall keep, maintain, or have in their possession on any
property owned or controlled by them, any household pet(s) or any other animal(s) in a
manner, number or kind so as to cause damage or hazard to persons or property in the vicinity
or to generate offensive dust, noise, or odor.
22.42.040 - Child Day -Care Facilities
This Section establishes standards for the City review of child day-care facilities, in conformance with
State law and in a manner that recognizes the needs of day-care operators and at the same time
minimizes the effects on surrounding properties. These standards apply in addition to the other
applicable provisions of this Development Code and requirements imposed by the California
Department of Social Services through its facility licensing procedures. Licensing by the Department
of Social, services is required for child day-care facilities.
A. Standards for large family day-care homes. The following standards shall apply.
1. Large family day-care permit required. Permit processing for large family day-care
homes shall be subject to the following.
Permit requirement and public notice. A large family day-care home shall
require the approval of a nondiscretionary Large Family Day -Care Permit by
the Director. Property owners within 100 feet of the proposed site shall be
provided notice of the application at least 10 days prior to the date of the
Director's decision on the permit. A public hearing may be requested in
writing by the applicant or other affected person(s).
The notice shall state that the Director s determination may be appealed to the
Commission, in compliance with 22.74 (Appeals), but that the Commission
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may only grant the appeal and reverse or modify the determination if the
Commission finds that the Director's determination was contrary to State or
City laws governing large family day-care homes.
b. Criteria for approval. A Large Family Day -Care Permit shall be issued if the
Director determines that the proposed large family day-care home will comply
with the standards in this Section.
C. Discretionary Conditional Use Permit. The Commission may approve a
Conditional Use Permit, in compliance with 22.58, authorizing operation of
a large family day-care home that does not comply with and/or cannot be
operated in compliance with the standards in this Section.
2. Day-care providers residence. The large family day-care home shall be the principle
residence of the day-care provider and the use s11all be clearly incidental and secondary
to the use of the property as a residence.
3. Fire Department standards. The facility shall contain a fire extinguisher and smoke
detector devices and comply with the standards established by the City Fire
Department.
4. Health and safety standards. Each facility shall be inspected by the City for
compliance with the Housing Code and any.regulations adopted by the State Fire
Marshal concerning health and safety standards which are applicable to care facilities.
5. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility
within any residential zoning district may only operate up to 14 hours for each day
between the hours of 6:00 A.M. and 8:00 P.M. and may only conduct outdoor activities
between the hours of 7:00 A.M. and 7:00 P.M. Additionally, the facility shall be in full
compliance with 22.28 (Noise Control) for the subject zoning district.
6. Off-street parking standards. Each facility shall have the number of parking spaces
required for single-family dwellings, in compliance with 22.30 (Off -Street Parking and
Loading Standards), one additional space for the drop-off and pick-up of the children
utilizing the facility to ensure that the children are not placed at risk and street traffic
is not unduly interrupted, and one additional parking space for each person working
at the facility, other than a person who resides at the home.
a. Where the facility has less than 22 feet of on -street parking along the frontage
of the parcel, the facility shall be provided with one additional parking space.
The driveway of a care facility may serve to meet the required off-street
parking spaces and/or the drop-off area.
b. The drive -way parking spaces may be in tandem with the on-site garage
spaces. Any facility located on an arterial street shall be provided with
adequately designed off-street drop-off and pick-up areas to ensure that
vehicles reentering the arterial street will be able to do so in a forward manner.
7. Separation standards. A residential parcel shall not be bordered on more than one
side by a care facility and a care facility shall not be legally operated on a parcel within
300 feet of the parcel subject to the application.
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8. Signs prohibited. No signs shall be allowed in conjunction with a day-care facility.
Standards for child day-care centers. The following standards shall apply, in addition to
those standards contained in Subsection B. (Standards for large family day-care homes), above:
1. Fence or wall. A six foot high solid decorative fence or wall shall be constricted on
all property lines, except in the front yard or within a traffic safety sight area. Fences
or walls shall provide for safety with controlled points of entry in compliance with
22.20 (Fences, Walls, and Hedges);
2. Indoor play areas. The facility shall be provided with indoor play areas in compliance
with State requirements. Separate and clearly defined play and activity areas shall be
provided for each age group, including infant, toddler, preschool and school age
children; and
Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for
each child, but not less than 450 square feet in area exclusive of the required front yard
setback, shall be provided. The outdoor play lot shall be located in the rear yard.
Stationary play equipment shall not be located in front and side yards.
22.42.050 - Drive -In and Drive -Through Facilities
Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated
to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and
unsightliness in the following manner:
A. Drive-through aisles shall have a minimum 10 -foot interior radius at curves and a minimum
12 -foot width. Each drive-through entrance/exit shall be at least 50 feet from an intersection
of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the
curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow
shall be clearly designated by signs/pavement markings;
B. Each drive-through aisle shall be separated from the circulation routes necessary for ingress
or egress from the property, or access to a parking space;
C. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do,
they shall have clear visibility and be emphasized by enhanced paving or markings;
D. The provision of drive-through service facilities shall not justify a reduction in the number of
required off-street parking spaces;
E. Service areas, waste storage areas, and ground mounted or roof mounted .mechanical
equipment shall be screened from view from adjacent properties or public rights-of-way;
F. 'The vehicle queuing capacity of the drive-through facility and the design and location of the
ordering and pickup facilities shall be determined by the Director. The applicant shall submit
a circulation study and appropriate documentation addressing the following issues.
1. Nature of the product or service being offered;
2. Method by which the order is processed;
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3. Time required to serve a typical customer;
4. Arrival rate of customers;
5. Peak service hour; and
6. Anticipated vehicular queuing required.
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G. Each drive-through aisle shall be appropriately screened with a combination of landscaping,
low walls, and/or berms to prevent headlight glare from impacting adjacent streets and
parking lots; and
H. A six -foot -high solid decorative wall shall be constructed on each property line that is
adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed
construction materials shall be subject to the approval of the Director.
22.42.060 - Guest Houses
This Section establishes standards for the development and operation of guest houses in any zoning
district where guest houses are allowed in compliance with Article II (Zoning Districts and Allowable
Land Uses), provided all of the following standards are met:
A. 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 main dwelling, for use
by guests of the occupants of the premises, and shall not be rented or otherwise used as a
separate dwelling.
B. Development standards. The location and construction of guest houses shall comply with the
following standards:
1. Number. Only one guest house shall be allowed on a single legal parcel of record;
2. Access. The location of a detached guest house shall provide minimum five-foot wide
pedestrian access to the main dwelling;
3. 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;
4. Plumbing and electrical installations. Plumbing shall be limited to that required for
a single bathroom. The bathroom shall only contain one water closet, lavatory, and a
shower or tub. Electrical installation shall be limited to the minimum required for
heating, light, and ventilation. Line drawings shall be submitted for approval, and
shall delineate all plumbing and electrical installations proposed in compliance with
this standard;
5. Kitchens prohibited. The guest house shall not contain a kitchen or other cooking
facilities. For the purpose of this Section, a kitchen or other cooking facilities are
defined as to include, but not be limited to, the following:
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a. Cooking stove with or without an oven;
b. Hot plates;
C. Kitchen sink, cabinets and appurtenant plumbing;
d. Microwave or convection ovens; and
e. All appurtenance related to the above.
6. Size and permit requirements. A guest house of 500 square feet of gross floor area
may be approved by the Director. Guest houses in excess of 501 square feet may be
approved by a Minor Conditional Use Permit in compliance with 22.56.;
7. Rentals prohibited. The guest house shall not be separately rented or leased from the
main dwelling, whether compensation is direct or indirect;
8. Subdivision prohibited. Subsequent subdivision(s) of the parcel which may attempt
to divide the main dwelling from the guest house shall not be allowed;
9. Compatibility. The guest house shall be designed to ensure compatibility and visual
harmony with the main dwelling on site and with other residential structures in the
surrounding neighborhood; and
10. Parcel coverage. The guest house, along with the main dwelling and any other
accessory structures, shall not exceed an overall parcel coverage of 40 percent; and
22.42.070 - Home -Based Businesses
Home based businesses are allowed in residential zoning districts when operated in compliance with
the provisions of this Subsection:
A. Operational standards. Home based businesses shall comply with the following operating
standards:
1. Location. The location of the business shall be the principal residence of the person(s)
conducting the business and shall be clearly incidental and secondary to the use of the
property for residential purposes;
2. No alterations. Alterations shall not be made which would alter the character of the
residence or change its occupancy classification in compliance with the Building Code;
;3. Signs. Advertising sign(s), displays of merchandise or stock in trade, or other
identification of the business activity shall not be provided on the premises;
4. Nuisance factors. The business shall not create levels of glare, light, noise, electrical
interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess
of that customarily associated with similar residential uses;
5. }seers Residents only. Persons engaged in the business shall be limited to
persons residing on the premises;
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Size. The total floor area used for the business, including any area within accessory
structures, shall not exceed 20 percent of the total living space of the dwelling unit or
400 square feet, whichever is larger. The space devoted to non-commercial business
vehicles under one ton carrying capacity, parked in the garage, is excluded from the
total floor area devoted to the business;
7. Use to be enclosed. The business shall be conducted completely within the enclosed
living space of the residence or accessory structure. If the business is conducted within
a garage, the use shall not encroach within the required parking spaces for the
residence. The vehicle door to the garage shall remain closed while the business
activity is being conducted.
No outside storage. Equipment, materials or products associated with the business
shall not be stored outdoors. Contractors are not permitted to store landscaping,
plumbing, electrical, construction or similar supplies or materials on the premises,
except those contained within a single vehicle of less than three-fourths ton carrying
capacity.
9. Hazardous materials. The business shall not involve the storage or use of explosive,
flammable, or toxic materials specifically defined as hazardous materials;
10. Vehicle trips. The business shall not generate additional pedestrian or vehicular trips
in excess of that customarily associated with the zoning district in which it is to be
located. Clients, customers, patrons or students shall not visit or conduct business at
the residence. Truck deliveries of mail or packages are not permitted to average more
than two times per week; and
11. Sale and storage of merchandise. Merchandise, products or stock -in -trade shall not
be sold upon the premises, and stock used by the business that is not customary to a
residence shall be stored at an off-site location (e.g., storage facility or other non-
residential location). Required parking spaces shall be kept clear and used only for
the parking of vehicles owned by persons residing on the premises.
Prohibited home based businesses. Home based businesses are prohibited that would:
1. Not comply with the standards and criteria contained in Subsection 9.xx.xxx.A.
(Operating standards) shall not be allowed;
2. Generate levels of dust, glare/light, noise, odor, or traffic which would have a
significant adverse effect upon the neighborhood and environmental setting of the
residential site;
3. Be inconsistent with the General Plan and an applicable specific plan;
4. Threaten the health and safety of the citizens of the City; and
5. Clearly represent a use that would conflict with the normal residential atmosphere of
the neighborhood surrounding the subject site.
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22.42.080 - Outdoor Display and Sales Standards
This Section provides development and operational standards for outdoor uses, including temporary
outdoor display and sales (Subsection A., below), permanent outdoor display and sales (Subsection
B., below) and outdoor dining and seating areas (Subsection C., below).
A. Temporary outdoor displays and sales. Temporary outdoor displays and sales may be
allowed with the approval of a Temporary Use Permit, in compliance with the following
standards: In approving an application for a Temporary Use Permit, the Director may impose
conditions deemed necessary to ensure that the permit will be in compliance with the findings
required by 22.50.060 (Action by the Director). These conditions may address any pertinent
factors affecting the operation of the temporary event or itse, and may include the following:
1. Fixed period of time. Provision for a fixed period of time as specified by the permit,
or where not specified, not to exceed 10 consecutive days;
2. Landscaping. Landscaping may be required to ensure that the event has a pleasing
appearance and that the screening requirements identified in Subsection A.8., below,
are satisfied, subject to the approval of the Director;
3. Nuisance factors. Regulation of nuisance factors including, but not limited to,
prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat,
noise, odors, smoke, waste and vibration;
4. Operating hours. Regulation of operating hours and days, including limitation of the
duration of the temporary event, as identified in subsection A.1., above;
5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular
circulation, including vehicular ingress and egress and public transportation, if
applicable, in compliance with 22.30 (Off -Street Parking and Loading Standards);
6. Per bond. Submission of a performance bond or other surety measures,
satisfactory to the Director, may be required to ensure that any temporary facilities will
be removed from the site within a reasonable time following the event, the property
will be cleaned of debris, or other evidence of the event, and the site restored to its
former condition;
7. Sanitary and medical facilities. Provision for sanitary and medical facilities, as
appropriate;
8. Security. Provision for security and safety measures, if applicable;
9. Setbacks. Provision of appropriate setbacks to ensure separation from adjacent land
uses and a safe environment for pedestrians and vehicles, subject to the approval of the
Director;
10. Signs. Regulation of signs, in compliance with 22.36 (Signs);
11. Temporary structures. Regulation of temporary structures and facilities, including
placement, height and size, location of equipment and open spaces, including buffer
areas and other yards;
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12. Waste collection and disposal. Provision for solid, hazardous, and toxic waste
collection, recycling and/or disposal;
13. Development Code compliance.. A requirement that the approval of the requested
Temporary Use Permit is contingent upon a finding, by the Director, that the
operation will be in compliance with the applicable provisions of this Section, the
Development Code and successful approval of all required permits from another
department(s) or governing agency; and
14. Other conditions. Other conditions that will ensure the operation of the proposed
temporary event in an orderly and efficient manner.
B. Permanent outdoor displays and sales. The permanent outdoor display/sale of merchandise
shall comply with the following standards and shall be subject to the approval of a Minor
Conditional Use Permit, in compliance with 22.56, unless a Conditional Use Permit is
specifically required below:
1. Height of displayed materials. The outdoor display of merchandise shall not exceed
a height of seven feet above finish grade. Heights greater than seven feet may be
allowed subject to the approval of a Conditional Use Permit, in compliance with 22.58;
2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor
sales areas shall not encroach into required setback areas. In zoning districts -where no
setback area is required, the outdoor sales area shall be set back a minimum of 10 feet
from adjacent property line(s) unless otherwise allowed through the approval of a
Conditional Use Permit, in compliance with 22.58;
3. Location of merchandise. Displayed merchandise shall occupy a fixed, specifically
approved and defined location that does not disrupt the normal function of the site or
its circulation, and does not encroach upon driveways, landscaped areas, parking
spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or
otherwise create hazards for vehicle or pedestrian traffic;
4. Relationship to main use. The outdoor display and sales area shall be directly related
to a business occupying a permanent structure on the subject parcel;
5. Screening required. Outdoor sales and activity areas shall be screened from adjacent
public rights-of-way by decorative walls, fences and/or landscaping in compliance
with 22.16.080 (Screening and Buffering). Screening shall be provided to a height of
one foot above the approved height of the merchandise and materials being displayed;
and
6. Signs. Additional signs, beyond those normally allowed for the subject use, shall not
be provided as a result of the outdoor display and sales area.
C. Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to
the approval of a Conditional Use Permit, in compliance with 22.58 and the following
standards:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16,1997 Exhibit "B" I1I-178
' Standards for Specific Land Uses 22J2
'Exhibit
1111
1. 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:
a. Accessible. The dining area shall be accessible from inside the restaurant only,
unless the Director waives this requirement in circumstances where this is not
feasible or practical;
b. Physically defined. The dining area shall be clearly and physically defined.
It shall be clearly a part of the restaurant it serves; and
C. Supervision. The dining area shall be supervised by a restaurant employee to
ensure conformance with laws regarding on-site consumption of alcoholic
beverages.
2. Parking requirements. Outdoor dining and seating areas shall comply with the
following off-street parking requirements:
a. Parking calculations. Off-street parking requirements shall be calculated in
compliance with 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 operated on a seasonal basis; and
b. 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.
3. Clean-up facilities_ Outdoor dining areas, whether part of a restaurant or seating in
common, shall provide adequate clean-up facilities, and associated procedures, in the
following manner:
a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis
for removal of litter and food items which constitute a nuisance to public health
and safety; and
b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for
use by the public and/or restaurant employees.
4. Design compatibility. Outdoor dining and seating areas are subject to Development
Review in compliance with 22.48. To ensure compatibility with surrounding uses and
a high standard of design quality, the following standards shall be implemented:
a. Compatible elements. Outdoor dining and seating areas and associated
structural elements, awnings, covers, furniture, umbrellas or other physical
elements which are visible from the public rights-of-way, shall be compatible
with the overall design of the main structure(s);
b. Entertainment. Outdoor dining and seating areas that provide dancing,
entertainment or amplified music shall require the preparation of a noise
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16,1997 Exhibit "B" I1I-179
Standards for Specific Land Uses
Exhibft "B"
analysis with appropriate mitigation measures to ensure that noise levels will
not exceed those specified in 22.28. (Noise Control);
Pedestrian experience. The use of awnings, plants, umbrellas and other
human scale elements is encouraged to enhance the pedestrian experience;
d. 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;
Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or
pedestrian traffic flow and not necessitate the removal of existing pedestrian
or vehicular movement areas;
Separation requirements. Outdoor dining and seating areas shall be separated
from residential uses, at a minimum distance of 200 feet, except in mixed-use
projects;
g. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five
feet from property lines or parking lots;
h. Waste receptacles. Waste receptacles shall be provided in outside seating
areas, where and when appropriate.
5. One year review required. Conditional Use Permits for outdoor dining and seating
areas are subject to review after one year, at which time the Director shall conduct a
study to determine if adverse impacts have resulted from the use. If none are found,
then a permanent Conditional Use Permit may be granted; and
22.42.090 - Outdoor Storage or Work Activities
This Section establishes standards for the location, screening, and operation of outdoor storage areas.
A. Outdoor storage areas. Where allowed by Article II (Zoning Districts and Allowable Land
Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall
a minimum of six feet in height in conjunction with landscape screening.
B. Review and approval required. Uses proposing outdoor storage or work activities shall be
subject to review and approval by the Director in compliance with 22.48 (Development
Review).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" III -180
Standards for Specific Land Uses
ExMbit
IBII
22.42.100 - Recycling Facilities
This Section establishes standards and procedures for the siting and operation of various types and
sizes of commercial recycling facilities.
A. Permit requirements. Recycling facilities are subject to permit review in the commercial and
industrial zoning districts in compliance with the following schedule:
Reverse vending machine(s) All Development
Commercial Review for up to 5
I reverse vending
machines
Small collection I Development
Review
'Large collection I Conditional Use
Permit
Light and heavy processing (scrap I
and dismantling yards) —
B. Development and operating standards. Recycling facilities shall comply with the following
specific standards:
1. Reverse vending machines. Reverse vending machine(s) located within a commercial
or manufacturing location shall not require additional parking spaces for recycling
customers, and maybe allowed in all commercial and manufacturing zoning districts,
subject to Development Review and compliance with the following standards:
a. Shall be installed as an accessory use in compliance with the applicable
provisions of this Development Code and the Municipal Code;
b. If located inside of a structure, shall be within 30 feet of the entrance and shall
not obstruct pedestrian circulation;
C. If located outside of a structure, shall not occupy parking spaces required by
the main use, and shall be constructed of durable waterproof and rustproof
material (s);
d. Shall not exceed 50 square feet for each installation, including any protective
enclosure, nor eight feet in height;
e. Shall have a maximum sign area of four square feet for each machine, exclusive
of operating instructions;
f. Shall have operating hours which are consistent with the operating hours of the
main use; and
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - November 16,1997 Exhibit "B" III -181
Standards for Specific Land Uses
Exhibit "B"
g. Shall be illuminated to ensure comfortable and safe operation if operating
hours are between dusk and dawn, in compliance with 22.16.050 (Exterior
Lighting).
2. Small collection facilities. Small collection facilities are allowed within the
manufacturing zoning district only, subject to Development Review and compliance
with the following standards:
May be installed in a manufacturing zoning district and be in full compliance
with the applicable provisions of this Development Code and the Municipal
Code;
b. Shall not exceed an area of 350 square feet nor three parking spaces, not
including space that will be periodically needed for the removal of materials
or exchange of containers;
C. Shall be setback at least 10 feet from any public right-of-way, and not obstruct
pedestrian or vehicular circulation;
d. Shall accept only glass, metal or plastic containers, paper and reusable items;
Shall not use power -driven processing equipment except for reverse vending
machines;
Shall use containers that are constructed with durable waterproof and
rustproof material(s), secured from unauthorized removal of material, and
shall be of a capacity sufficient to accommodate materials collected and the
collection schedule;
g. Shall not be located within 50 feet of any parcel zoned or occupied for
residential use;
h. Collection containers and site fencing shall be of a color and design to be both
compatible and harmonious with the surrounding uses and neighborhood;
Signs may be provided as follows:
1) Recycling facilities may have identification signs with a maximum area
of 15 percent for each side of the structure or 12 square feet, whichever
is greater. In the case of a wheeled facility, the side shall be measured
from the ground to the top of the container;
2) Signs shall be both compatible and harmonious with the character of
their location; and
3) Directional signs, consistent with 22.36 (Signs) and without advertising
message, may be installed with the approval of the Director if found
necessary to facilitate traffic circulation or if the facility is not visible
from the public right-of-way.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16,1997 Exhibit "B" Ill -182
Standards for Specific Land Uses
Dbit o'1B�0
�. The facility shall not impair the landscaping required by 22.24 (Landscaping)
for any concurrent use allowed by this Development Code;
k. Additional parking spaces shall not be required for customers of a small
collection facility located in the established parking lot of the main use. One
space shall be provided for the attendant, if needed;
1. Mobile recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to be
present;
M.- Use of parking spaces by the facility and by the attendant shall not reduce
available parking spaces below the minimum number required for the main
use unless a parking study shows that existing capacity is not fully utilized
during the time the recycling facility will be on the site; and
n. Shall be subject to landscaping and/or screening as determined through
Development Review.
3. Large collection facilities. A large collection facility which is larger than 350 square
feet, or on a separate parcel not accessory to a main use, which has a permanent
structure is allowed in the manufacturing zoning district, subject to a Conditional Use
Permit, in compliance with 22.58 and the following standards:
The facility does not abut a parcel zoned or occupied for residential use;
b. The facility shall be screened from the public rights-of-way, within an enclosed
structure, or behind fences, walls or screen planting;
C. Structure setbacks and landscape requirements shall be those provided for the
zoning district in which the facility is located;
d. Exterior storage of material shall be in sturdy containers which are secured,
and maintained in good condition at all times. Storage, excluding truck
trailers, shall not be visible above the height of the required fence, wall or
screen planting;
e. The site shall be maintained clean, sanitary and free of litter and any other
undesirable materials, and will be cleaned of loose debris on a daily basis;
f. Containers provided for "after hours" donation of recyclable materials shall be
permanently located at least 100 feet from any residential zoning district,
constructed of sturdy, rustproof material(s), with sufficient capacity to
accommodate materials collected, and secured from unauthorized entry or
removal of materials; and
g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be
detectable from adjoining parcels.
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" III -183
Standards for Specific Land Uses 2 22
IWIM IM ® It
4. Processing facilities. Light and heavy processing facilities are allowed in the
industrial zoning district subject to a Conditional Use Permit and compliance with the
following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use;
b. Light processing facilities are limited to baling, briquetting, compacting,
crushing, grinding, shredding and sorting of source -separated recyclable
materials and repairing of reusable materials;
C. A light processing facility shall not exceed 45,000 square feet, may have up to
an average of two outbound truck shipments of material each day, and shall
not bale, compact or shred ferrous metals other than beverage and food
containers.
A heavy processor may exceed 45,000 square feet and two outbound truck
shipments each day, and may perform those functions not allowed at light
processing facilities;
d. Exterior storage of material shall be in sturdy containers or enclosures which
are maintained and secured in good condition at all times. Storage containers
for flammable materials shall be constructed of nonflammable material(s).
Outdoor storage shall be screened by a six-foot high opaque fence or solid
masonry wall. Storage, excluding truck trailers, shall not be visible above the
height of the required fence or wall;
Any containers provided for "after hours" donation of recyclable materials shall
be permanently located at least 100 feet from any residential zoning district,
constructed of sturdy, rustproof material(s), with sufficient capacity to
accommodate materials collected, and secured from unauthorized entry or
removal of the materials; and
Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be
detectable from adjoining parcels.
5. Time limits. Any permit issued in compliance with this Section shall have a maximum
term established by the approved Conditional Use Permit. Before permit renewal, the
Director shall consider the permittee's history of compliance with the established
conditions of approval, as well as the applicable provisions of this Section and the
MLuticipal Code.
C. General standards. Recycling facilities shall comply with the following standards:
Signs. Facilities shall be provided with identification and informational signs that meet
the standards of the applicable zoning district:
Collection containers and reverse vending machines shall be clearly marked to
identify the type of material which may be deposited, and display a notice
stating that discarded material shall not be left outside of the recycling
enclosure or machine; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" III -184
Standards for Specific Land Uses ® 21 1
b. The facility shall be clearly marked to identify the name and telephone number
of the operator and the hours of operation.
Additional identification and directional signs without an advertising message may be
installed with the approval of the Director, if necessary to facilitate traffic circulation.
2. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the
disposal of nonrecyclable and nonhazardous waste materials.
22.42.110 - Residential Accessory Uses and Structures
This Section provides standards for specific residential accessory uses and structures allowed in the
zoning district applicable to a parcel (see 22.08.030,. Residential Zone Land Uses and Permit
Requirements). Residential accessory uses include any use that is customarily related to a residence,
including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and
workshops.
A. General requirements. Accessory uses and structures are subject to the following standards,
except where more restrictive requirements are established by other provisions of this Section
for specific uses.
1. Relationship of accessory use to the main use. Accessory uses and structures shall
be incidental to and not alter the character of the site from that created by the main use.
2. Attached structures. An accessory structure that is attached to a main structure shall
be architecturally compatible with, and made structurally a part of the main structure
(e.g., share a common wall with the main structure). It shall also comply with the
requirements of this Development Code applicable to the main structure, including but
not limited to setbacks, heights and floor area ratio.
3. Detached structures:
a. Coverage. The floor area of a single detached accessory structure shall not
exceed 30 percent, nor shall the sum of the floor area(s) of the total number of
detached accessory structures exceed 40 percent, of the required rear yard of
the parcel. A covered patio or barbecue area shall not be construed as an
accessory structure for purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials
and architecture of the main dwelling(s) on the property.
C. Setback requirements. As provided by Table 3-xx (Required Setbacks -
Accessory Uses and Structures). Accessory structures shall not be closer than
three feet to any side lot line, nor within five feet of the side line of the front
half of any adjoining parcel.
B. Antennas. Antennas are subject to the provisions of 22.42.130 (Telecommunications
Facilities).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16,1997 Exhibit "B"
III -185
Standards for Specific Land UsesExhiDit
2 2
C. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each
dwelling unit (including any workshop or storage space within the garage) unless a larger area
is authorized by the Director through Development Review, in compliance with 22.48.
D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling
unit or 10 percent of the parcel, whichever is less.
E. Home occupations. Home occupations are subject to the requirements of 22.42.070.
F. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot hubs are allowed
accessory to approved residential uses on the same parcel, subject to the following provisions:
Limitation on use. The pool is to be used solely by occupants of the dwelling(s) on the
same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent
uncontrolled access by children, in compliance with the Building Code.
G. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for
other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following
requirements:
1. Fencing: Shall be subject to the height limits of 22.20 (Fences, Walls, and Hedges); and
2. Lighting. Court lighting shall not exceed a maximum height of 20 feet, measured from
the court surface. The lighting shall be directed downward, shall only illuminate the
court, and shall not illuminate adjacent property, in compliance with 22.16.050
(Exterior Lighting).
H. Workshops or studios. Any accessory structure intended solely or primarily for engaging in
artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following
standards when located in a residential zoning district:
1. Limitation on use: An accessory structure may be constructed or used as a studio or
workshop in any residential zoning district solely for the following non-commercial
activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture);
C. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the
occupants; or
e. Other similar purposes.
Any use of accessory workshops for any commercial activity shall meet the standards
for Home -Based Businesses, in compliance with 22.42.070; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16,1997 Exhibit "B" III -186
Standards for Specific Land Uses
E0 2J2
'a"
2. Floor area. A workshop shall not occupy an area larger than 25 percent of the floor
area of the main structure, except where a workshop is combined with a garage. In this
case Subsection C (Garages), above shall apply.
TABLE 3 -XX
REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES
Sari le Fam11 Detached Homes
Accessory=Structure _
Type of Setback'
Required
Garage, gazebo, greenhouse, patio cover,
Sides, street side
As required for
storage shed, workshop
Rear
main structure.
As required for
main structure.
Swimming pool, spa, fish pond, outdoor
Sides, rear3
3 feet.
play equipment
Street side
As required for
main structure.
Stationary barbecue, fire pit, propane tank
Sides, rear 3
3 feet.
Street side
As required for
main structure.
Air conditioning equipment, pool and spa
Sides, rear 3
3 feet.
equipment, ground-based antennas
Street side
As required for
main structure.
_ =Multi -Famil , Attacheeed
d/Dtach
Garage, gazebo, greenhouse, patio cover,
Sides, street side
As required for
storage shed, workshop
Rear'
main structure.
As required for
main structure.
Swimming pool, spa, fish pond, outdoor
Front
10 feet
play equipment
Sides
5 feet
Street side
10 feet
Rear 3
5 feet
Stationary barbecue, fire pit, propane tank
Front
10 feet
Side
3 feet
Street Side
10 feet
Rear 3
3 feet
Notes: (1) Where aparcet is situated so that the front, side, or rear property lines are not readily determinable, required setbacks
shall be established by the Director.
(2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject
parcel.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" III -187
Standards for Specific Land Uses
a 22J2
EkMbft IIPf
(3) Rear yard setback for a detached accessory structure on a double -frontage parcel shall be a minimum of 20
percent of the parcel depth to a maximum of 25 feet.
22.42.120 - Secondary Housing Units
This Subsection provides standards for the establishment of secondary residential units.
A. Minor Conditional Use Permit required. Secondary residential units may be allowed in the
zoning districts specified in 22.08.030 (Residential District Land Uses and Permit
Requirements) subject to the approval of a Minor Conditional Use Permit (22.56) and in
compliance with this Subsection. The applicant shall be the owner. and resident of the main
dwelling.
B. Number of secondary units allowed. Only one secondary dwelling unit shall be allowed on
a single-family parcel.
C. Site requirements. A parcel proposed for a secondary dwelling unit shall comply with all the
following requirements:
The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50
feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square
feet, exclusively for the secondary unit; and
2. The parcel shall be developed with only one existing owner occupied single-family
. detached main dwelling unit.
D. Location of secondary unit. A secondary dwelling unit may be within, attached to, or
detached from the existing main dwelling unit. If detached, the secondary unit shall be
separated from the main dwelling unit a minimum of 10 feet.
E. Design standards. A secondary dwelling unit shall:
1. Have a floor area not exceeding 30 percent of the existing living area of the main
dwelling for an attached unit, or 1,200 square feet of floor area for a detached unit;
2. Be architecturally compatible with the main dwelling unit;
3. Comply with height and setback requirements for the main dwelling;
4. Contain separate kitchen and bathroom facilities and have a separate entrance from
the main dwelling.
F. Parking. The secondary dwelling unit shall be provided one covered off-street parking space
in a carport or garage, in addition to that required for the main dwelling unit, in compliance
with 22.30 (Off -Street Parking and Loading Standards).
G. Rental of unit. A secondary dwelling unit may be rented, although rental is not required.
H. Required findings for approval. The following findings shall be made, in addition to those
in 22.56.040 (Findings and Decision), to approve a Minor Conditional Use Permit for a
secondary dwelling unit:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - November 16, 1997 Exhibit "B" Ifl-188
' Standards for Specific Land Uses® 22J2Exit 1
B"
1. The secondary dwelling unit is compatible with the design of the main dwelling unit
and the surrounding neighborhood in terms of scale, exterior treatment, height,
setbacks and landscaping, and will not cause excessive noise, traffic, or other
disturbances to the existing residential neighborhood, or result in significantly adverse
effects on public services and resources; and
2. The secondary dwelling unit will not contribute to a high concentration of these units
sufficient to change the character of the surrounding residential neighborhood.
22.42.130 - Telecommunications Facilities
To be completed.
Interpretations
2.03
• 2. Development Agreements or Specific Plans. In the event of any conflict between
the requirements of this Development Code and standards adopted as part of any
Development Agreement or Specific Plan, the requirements of the Development
Agreement or Specific Plan shall control.
Municipal Code provisions. In the event of any conflict between requirements of
this Development Code and other regulations of the City, the most restrictive shall
control.
4. Private agreements.
The requirements of this Development Code shall not be
interpreted as repealing, abrogating, or annulling any easement, covenant, or
deed restriction imposed on private property. All land use and development
shall comply with the requirements of this Development Code, regardless of
the provisions of any private covenant or deed restriction. The City shall not
enforce any private covenant, restriction, or agreement unless it is a party
thereto.
E. Zoning Map boundaries. If there is uncertainty about the location of any zoning district
• boundary shown on the official Zoning Map, the following rules are to be used in resolving
the uncertainty. (See also Section 22.06.040, Zoning District Regulations.)
Where the Zoning Map shows any lot or area within a particular zoning district, the
zoning district shall extend to the centerline of any adjacent road, street, parkway, or
highway.
2. If a district boundary divides a parcel and the boundary line location is not specified by
distances printed on the Zoning Map, the Director shall determine the location of the
boundary by using the scale appearing on the Zoning Map.
Where a public street, alley, railroad, or other public right-of-way is officially vacated or
abandoned, property that was within the former right-of-way shall be deemed to be
included within the zoning district applicable to the property to which the abandoned
right-of-way is being attached.
F. Allowable uses of land. If a proposed use of land is not specifically listed in Article II
(Zoning Districts and Allowable Land Uses) the use shall not be allowed, except as follows.
Similar uses allowed. The Director may determine that a proposed use not listed in
Article II may be allowed as a permitted or conditional use, or is not allowed. In making
such a determination, the Director shall first find that:
a. The characteristics of, and activities associated with the proposed use are
equivalent to those of one or more of the uses listed in the zoning district as
• allowable, and will not involve a greater level of activity, population density, traffic
generation, parking, dust, noise or intensity than the uses listed in the district;
Diamond Bar Development Code Article I - Purpose and Applicability
Hearing Draft - November 18, 1997 1-13
Interpretations
22.03
1. Similar uses allowed. The Director may determine that a proposed use not listed
in Article II may be allowed as a permitted or conditional use, or is not allowed.
In making such a determination, the Director shall first find that:
a. The characteristics of, and activities associated with the proposed use are
equivalent to those of one or more of the uses listed in the zoning district as
allowable, and will not involve a greater level of activity, population density,
traffic generation, parking, dust, noise or intensity than the uses listed in the
district,
Diamond Bar Development Code Article I - Purpose and Applicability
Hearing Draft - Revised October 14,1997 I -13a
Residential Zorunj Districts ?-).Os
is
22.08.040 - Residential Zoning District General Development Standards
•
•
Subdivisions, new land uses and structures, and alterations to existing land uses and
structures, shall be designed, constructed, and/or established in compliance with the
requirements in Table 2-3, in addition to the applicable development standards (e.g.,
landscaping, parking and loading, etc.) in Article III (Site Planning and General
Development Standards).
TABLE 2-3
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Development Feature
Re uirement by Zoning District
RR Ri. RLM
Minimum lot area (1)
1 acre 10,000 s .ft. 8,000 s .ft.
Residential density (2)
1 single-family unit per 1 single-family unit per 1 single-family unit per
lot. lot; 3 per gross acre. lot; 5 per gross acre.
Setbacks required
Front
Sides (each)
Street side
Rear
Minimum setbacks required for structures. See 22.16.090 for setback
measurement, allowed projections into setbacks, and exceptions to setbacks.
See Section 22.22.08 for setback measurement in hillside areas.
30 ft.
20 ft. 1 20 ft.
15 ft. on one side, and
10 ft. on the other; but
not less than 25 ft.
between structures on
adjoining parcels.
10 ft. on one side, and 5 ft. on the other; but not less
than 15 ft. between structures on adjoining parcels.
15 ft., reversed comer
lot; 10 ft. otherwise.
10 ft., reversed comer
lot; 5 ft. otherwise.
10 ft., reversed corner
lot; 5 ft. otherwise.
20 ft.
15 ft.
15 ft.
Hei ht limit 31
35 ft.
Hillside develo went
As required by Chapter 22.22 (Hillside Management).
Landscaping
As required by Chapter 22.24x (Landscaping).
Parking
As required by Chapter 22.30 (Parking and Loading).
Notes:
(1) �liruru ^ anra for Farcels proposed in new subdivisions, except as otherwise provided by 22.08.050
1 %1m;rrt:.- lice Area), and Chapter 22.22 (Hillside Management). Condominium, townhome, or
piai2 .sr%eterrnent projects may be subdivided with smaller parcel sizes for ownership purposes,
with t!n rrirlmum lot area requirement determined through the subdivision review process,
prvided ttv! t!* overall development site complies with the lot area requirements of this Chapter.
(2) Maximum number of dwellings allowed for each specified unit of land. The approval of a Minor
Use Perm t cr Conditional Use Permit may result in fewer dwelling units being allowed than the
maximum density shown. See also Chapter 22.18 (Affordable Housing Incentives/Density Bonus
Provisions) for possible density bonuses.
(3) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height
Limit Exceptions).
(4) Front setbacks listed are minimums. For single-family detached tract development, a minimum 5 foot setback
variation for adjacent residential units is required.
Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft - October 29, 1997 II -11
Residential Zoning Districts
'_2.08
TABLE 2-3
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued)
Development Feature
Requirement by Zoning District
RM
RMH RK
Minimum lot area (1)
5,000 s .ft.
Residential density
(2)
12 dwellings per gross
acre
16 dwellings per gross
I acre
20 dwellings per gross
I acre
Setbacks required
Front (4)
Sides (each)
Street side
Rear
Minimum setbacks required for structures. See 22.16.090 for setback
measurement, allowed projections into setbacks, and exceptions to setbacks. See
Section 22.22.080 for setback measurement in hillside areas.
20 ft.
20 _17i ft.
20 ft.
5 ft.
5 ft.
5 ft.; plus 1 ft. for each
story over 2.
10 ft., reversed comer
lot; 5 ft. otherwise 1
7.5 ft., reversed corner
lot, -5 ft. otherwise
7.5 ft., reversed comer
lot; 5 ft. otherwise
15 ft.
15 ft.
15 ft.
Height limit (3)
35 ft.
Hillside
development
As required by Chapter 22.22 (Hillside Management).
Landscaping
As required by Chapter 22.24 (Landscaping Standards).
Parking
As required by Chapter 22.30 (Off -Street Parking and Loading Standards).
Notes:
(1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by Section
22.08.050 (Minimum Lot Area), and Chapter 22.22 (Hillside Management). Condominium,
townhome, or planned development projects may be subdivided with smaller parcel sizes for
ownership purposes, with the minimum lot area requirement determined through the subdivision
review process, provided that the overall development site complies with the lot area requirements
of this Chapter.
(2) Maximum number of dwellings allowed for each specified unit ofland. Theapprovalofa Minor '
Permit or Conditional Use Permit within areas subject to Section 22.22.040 (Hillside Management • Density) may
result in fewer dwelling units being allowed than the maximum density shown. See also Chapter
22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses.
(3) Maximum allowable height for structures. See Section 22.16.060 (Height Measurement and Height
Limit Exceptions).
Diamond Bar Development Code Article I1- Zoning Districts
Hearing Draft - October 1997 II -12
•
TABLE _--I - .-ALLOW-ED USES AND PER-NIIT REQLIRENIENTS
FOR OFFICE ZONING DISTRICTS
LAND USE (1) PERMIT REQUIRE -HENT BY DISTRICT
See standards
UAMICAGTIIRING b PROCESSING OP notl% rn :_ e....:__.
Electronics, appliance, and equipment manufacturing
CUP(4)
Handcraft Industries
CUP(4)
Media production
p
Paper product manufacturing
CUP(4)
Research and development
CUP
See standards
RECREATION. EDUCATION do PUBUC ASSEMBLY USES OP on rn ;_
Clubs, lodges, and private meeting halls
P
I P
I p
Community/ cultural centers
P
1,
1 P
Cultural facilities, libraries and museums
P
P
P
Indoor amusement/ entertainment facilities
P
CUP
I P P P
Health/ fitness facilities
CUP
CUP
Outdoor recreation
CUP
Parks and playgrounds
P
P
P
Religious places of worship
CUP
CUP 1
CUP
Schools - Public and private
P
P
P
Studios - Art, dance, music, photography, etc.
I
CUP
Theaters, auditoriums, meeting halls
CUP
CUP
Clip !
— See standards
RETAIL TRADE USES OP OB CO in Section:
Alcoholic beverage sales - Offsite (5)
P P P
Alcoholic beverage sales - Onsite
MUP MUP MUP
Art, antique, collectable, and gift sale
P
Bars and night clubs
CUP
Convenience stores
P
General retail stores
P
Pet shops
P
Restaurants
I P P P
KEY TO PERMIT REQUIREMENTS
f
Symbol i Permit Requirement
Procedure is
I in Section:
P Permitted use, Zoning Clearance required. (2)
2-1.46
MMP i Conditional use. Minor Conditional Use Permit required. (2)
2236
CUP Conditional use, Conditional Use Permit required. (2)
22.58
Use not allowed. (See 22.04.020.F regarding uses not listed.)
Notes.
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.48 for Development Review requirements for all uses.
(3) Additional us" allowed within the Gateway Corporate Center In compliance with the Gateway
Corpan- Canter Design Guidelines.
(4) Use albwed only when acceswry to an office use.
(5) Shall be a minimum of 150' from any school
Diamond Bar Development Code Article U - Zoning Districts
Hearing Draft - November 16,1997 EXHIBIT 'A' 11-17
REVISED NOVEMBER 24.1997
Commercial/Industrial Zoning Districts
TABLE 2-4 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS (Continued)
22. 10
Adult day care facilities
Permit Requirement
vu
CO in Section:
Automated teller machines (ATMs)
Banks and financial services
Business support services
Car wash, fully automated and accessory to service station only
P
P
P
Np
P
P
P
CUP
P
P
P
CUP
Child day care centers
Hotels and motelsP
CUP
CUP
CUP 22.xx
P
Medical services - Clinics and laboratories
CUP
P
P
Medical services - Hospitals
CUP
CUP
CUP
Offices - administrative/business
p
P
P
Offices - production
P
P
P
Offices - professional
P
P
P
Personal services
P
P
P
Public utility or safety facilities
P
P
p
Service stations
P
P
P 22,E
TRANSPORTATION do COMMUNICATIONS USES
Utility lines
Telecommunications facilities
KEY TO PERMIT REOUIREMENTs
See standards
OP OB CO in Section:
CUP
P P P 22.xx.xxx
Symbol
Permit Requirement
.Procedure is
in Section:
P .
Permitted use, Zoning Clearance required. (2)
22.xxxon
xx
MUP
Conditional use, Minor Use Permit required. (2)
22
CUP
Conditional use, Conditional Use Permit required. (2)
22 xx
Use not allowed. (See 22.03.020Y regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Diamond Bar Development Code Article II.- Zoning Districts
Hearing Draft, September 1997 - - - -- --- - . - 1-18
REVISED NOVEMBER 24, 1997
0
TABLE 2-4 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS
r LAN D USE t t) PERMIT REQUIREMENT BY DISTRICT
c.,
MANUI-At: I UKINt3 8 PROCESSING OP 08(3) CO in Section:-�
Electronics, appliance, and equipment manufacturing CUP(4)
Handcraft industries CUP(4)
Media production P
Paper product manufacturing 1 CUP(4)
Research and development CUP
RECREATION, EDUCATION & PUBLIC ASSEMBLY USESOP OB See standard
Clubs, lodges, and private meeting halls
P
P
CO in Section:
P
Community/cultural centers
P
P
p
Cultural facilities, libraries and museums
P
P
P
Indoor amusement/ entertainment facilities
Use not allowed. (See 22.04.020.F regarding uses not listed.)
cup
P
Health/fitness facilities
CUP
CUP
Outdoor recreation
CUP
I P
Parks and playgrounds
p
P
P
Religious places of worship
CUP
CLP
CLP
Schools - Public and private
P
P
P
Studios -Art, dance, music, photography, etc.
C_ UP
Theaters, auditoriums, meeting halls
R p
�p !
CUp
RETAIL TRADE USES
See standards
KEY TO PERMIT REOUiRFMFNTq
i
Symboi 1
— -- w m zoection:
Alcoholic beverage sales - Offsite
p p p
Alcoholic beverage sales - Onsite
app MUP
Art, antique, collectable, and gift sales
P
Bars and night dubs
CUT P
Conditional use, Conditional Use Permit required. (2)
CUP
Convenience stores
Use not allowed. (See 22.04.020.F regarding uses not listed.)
P
General retail stores
P
Pet shops
I P
Restaurants
p P p
KEY TO PERMIT REOUiRFMFNTq
i
Symboi 1
Permit Requirement
Procedure is
in Section:
P
^ermni
itted use. ZDng Clearance required. (2)
".46
viUP
Conditional use, Minor Conditional Use Permit required. (2)
;6
CUT P
Conditional use, Conditional Use Permit required. (2)
22.38
Use not allowed. (See 22.04.020.F regarding uses not listed.)
(1) See Article V1 for definitions of each of the land uses listed.
(2) See Chapter 22.48 for Development Review requirements for all uses.
(3) Additional uses allowed within the Gateway Corporate Canter in compliance with the Gateway
Corporate Center Design Guidelines.
(4) Use allowed only when accessory to an office use.
Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft, October 1997 REVISED NOVEMBER 24, 1997 II
Commercial/Industrial Zoning Districts 22.10
TABLE 24 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS (Continued)
LAND USE (1) PERMIT REQUIREMENT BY DISTRfCT
See standards
SERVICE USES
Adult day care facilities
Permit Requirement
Procedure is
in Section:
ui orcuon:
Automated teller machines (ATMs)
P
P
P
Banks and financial services
p
P
P
Business support services
p
P
P
Car wash, fully automated and accessory to service station only
E�p
CUP
CUP
Child day care centers
CUP
CUP
CUP 72 ,�,�
Hotels and motels
P
P
Medical services - Clinics and laboratories
CUP
p
p
Medical services - Hospitals
I CUP
Offices- admirtistrative/business
POffices
- production
POffices
- professionzl
PPersonal
wp"
services
PPublic
utility or safety fac lilies
pServicestations
P
See standards
TRANSPORTATION do COMMUNICATIONS USES OP OB CO in Section:
Heliports CUP
Utility lines P P P 22.xx.xxx
Telecommunications facilities 22.4
KEY TO PERMITREOUIREMENTS
Symbol
Permit Requirement
Procedure is
in Section:
P
Permitted use, Zoning Clearance required. (2)
22.xx xxx
MUP
Conditional use, Minor Use Permit required. (2)
22 xx
CUP
Conditional use, Conditional Use Permit required. (2)
22 xx
Use not allowed. (See 22.03.020.F regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Diamond Bar Development Code Article II -Zoning Districts
Hearing Draft, September 1997 II -18
REVISED NOVEMBER 24, 1997
•
Commercial /Industrial Zoning Districts L.10
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
LAND USE (1) PERMrr REQUIREMENT BY DISTRICT
MAivrrFsrnmr*rc. & vt:nrcccn r�
See standards
Chemical product manufacturing
CUP
Electronics, appliance, and ecpzipment manufacturing
P
Fabric product manufacturing
P I
Food and beverage manufacturingp
22,xx
Furniture and fixtures manufactunng, cabinet shops
P
Glass product manufacturing
p
Handcraft industries
p
Laundries and &y cleaning plants
CUP
Lumber and wood product manufactunn
P
Metal products fabrication, madime/welding shops
p
Paper product manufacturing
p
Plastics and rubber product manufactunn i
p
Printing and lishin
p
cling - Reverse vending machines P
P P
R clip - Small collection facilityp
P p
Research and develoment (R&D) I
; P
Small scale manufacturing
p
Warehousing, wholesaling and distribution
p
KEY TO PERMrr REOUTREMHNTS
Symbol Permit Requirement
Procedtue is
in Section:
P Permitted use, Zoning Clearance required. (2)
22.xx.xoc
MUP Conditional use, Minor Use Permit required. (2)
22-xx
CUP Conditional use, Conditional Use Permit required. (2)
22,xx
Use not allowed. (See 22.03.020.E regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Continues on next page.
• Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft, September 1997 U-19
REVISED NOVEMBER 16, 1997
EXHIBIT II.20 "A"
Commercial/ Industrial Zoning Districts
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIALIINDUSTRIAL ZONING DISTRICTS (Continued)
LAND USE (1) PERMIT REQUIREMENT BY DISTRICT
22.10
RECREATION, EDUCATION & PUBLIC ASSEMBLY USESee standards
S
Adult entertainment businesses
Permit Requirement
- -
— - lII acc Alun:
-Q6T- CUP 22.42.020
Clubs, lodges, and private meeting haus
22.46
CUP
CUP
Community/cultural centers
CUP
Conditional use. Conditional.Use Permit required. (2)
CUP
Cultural facilities, libraries and museums
p
p
p
Health/fitness facilities
CUP
CUP
Indoor amusement/ entertainment facilities
(�Fp
CUP
Outdoor recreation
CUP
Religious places of worship
Cup
CUP
Schools - Public and private
p
p
Schools - Specialized education and training
P
p
p ! P
Studios - Art, dance, music, photography, etc
CUP
CUP
CU P
Theaters, auditoriums, meeting halls
CUP
cup
KEY TO PERMIT REOUIREMENTS
Symbol
Permit Requirement
Procedure is
in Section:
P
Permitted use. Zoning Clearance required. (2)
22.46
MUP
Conditional use. Minor Use Permit required. (2)
22,36
CUP
Conditional use. Conditional.Use Permit required. (2)
22.58
Use not allowed. (See 22.04.020.F regarding uses not listed.)
Notes:
(1) See Article 1.1 toe dettunons of each of the land uses listed.
(2) See Chapter _: 4S t u Deveiopment Review requirements for all uses.
Continues on ne•t FAFf
Diamond Bar Development Code Article 11- Zoning Districts
Hearing Draft, October 1997 —
EXHIBIT II.20 "A"
• RFIIICFt1 111(11/FMRFR 1R 1Qt17
•
•
•
Commercial/Industrial Zoning Districts 22.10
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAIANDUSTRIAL ZONING DISTRICTS
0, 4.1
LAND USE (1) YERhSTf REQiJIitE113ENTSYDISTAICi'
See standards
MAKTTMAf TTrRT?Jr. G PRnCFSSTNG C-1 C-2 C-3 1 ;n Cnrti".
Chemical product manufacturing
I CUP
Electronics, appliance, and eqtdpment manufacturing
P
Fabric product manufacturingP
Food and beverage manufacturin
P
Furniture and fixtures manufacturin& cabinet shops
P
Glass product manufachning
P
Handcraft industries
P
Laundries and dry rJeaning plants
CUP
Lumber and wood product manufacturing
j P
Metal products fabrication, mad-tine/welding shops
P
Paper product manufacturing
P
Plastics and rubber product manufactumg
P
Printing and publishing
P
R clip - Reverse vending machines
P
Recycling - Small collection facility
P
Research and develoment (R&D)
P
Small scale manufacturing
P
Warehousing, wholesaling and distribution
P
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Continues on next page_
Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft, September 1997 II -19
Commercial/ Industrial Zoning Districts
EXHIBIT II -20 "B"
22.10
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIALIINDUSTRIAL ZONING DISTRICTS (Continued)
LAND USE (i) PERMUi REQUIREMENT BY DISTRICT
RECREATION, EDUCATION & PUBLIC ASSEMBLY USESC-1 C-2 C-3 I See standards
Adult entertainment businesses
Permit Requirement
Procedure is
in Section:
in Section:
-fes. p 22.42.020
Clubs, lodges, and private meeting halls
22.46
MUP
CUP
Community/cultural centers
CUP
Conditional use, Conditional Use Permit required. (2)
CUP
Cultural facilities, libraries and museums
p
p
p
Health/fitness facilities
CUP
CUP
Indoor amusement/ entertainment facilities
CUP
CUP
Outdoor recreation
CUP
Religious places of worship
CUP
CUP
CUP
Schools - Public and private
p
P
Schools - Specialized education and training
P
p
P P
Studios - Art, dance, music, photography, etc
CUP
CUP
CUP
Theaters, auditoriums, meeting halls
CUP
CUP
KEY TO PERMIT REOUIREMENTS
Symbol
Permit Requirement
Procedure is
in Section:
P
Permitted use, Zoning Clearance required. (2)
22.46
MUP
Conditional use, Minor Use Permit required. (2)
2256
CUP
Conditional use, Conditional Use Permit required. (2)
22.38
Use not allowed. (See 22.04.020.F regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.48 for Development Review requirements for all uses.
Continues on next page.
Diamond Bar Development Code Article H - Zoning Districts
Hearing Draft, October 1997 EXHIBIT II.20
REVISED NOVEMBER 16, 1997
C
9
•
Commercial Industrial Zoning Districts
12.10
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMM ERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued)
LAND USE (1)
RETAIL TRADE USES
PERMIT REQUIREMENT BY DISTRICT
r_,
See standards
Alcoholic beverage sales, off-site
p
p
in Section:
p
Alcoholic beverage sales, on-site
MUP
MUP
MUP
Art, antique, collectable, and gift sales
p
p
p
Auto and vehicle sales/rental
CUP
Auto parts sales
p
p
Auto sales, indoor onlyp
22.xx
Bakery, retail
p
p
j p
Bars and night dubs
, CUP
CUP
cup
Building material stores
p
Certified farmers market
p P
Convenience stores
p
1 p
p P
Drive-in and drive-through sales
CUP
CU
CUP
Fuelingstations, gasoline and electric onlyp
p
p p
Furniture, furnishings, and appliance stores
p
p
General retail stores
p
p
p
GrocerV stores
p
p
Mobile home and recreational vehicle sales
p
Outdoor retail sales and activities
p
p
Pet shops
p
P 1
p
Plant nurseries and arden su 1 stores
p
p
Restaurants
p
P I
p
Restaurants with outdoor dining
MUP
MUP
MUP
Second hand stores
p
p
Shopping center
CUP
CUP
Warehouse retail stores
CUP
KEY TO PERMIT REOUIREMENTS
Symbol i Permit Requirement
Procedure is
in Section
P Permitted use, Zoning Clearance required. (2)
xxx
MUP Conditional use, Minor Use Permit required. (2)
22.xx
CUP Conditional use, Conditional Use Permit required. (2)
22.;
Use not allowed. (See 22.03.020.F regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Continues on next page.
Diamond Bar Development Code Article II -Zoning Districts
Hearing Draft, September 1997 U-21
REVISED NOVEMBER 16, 1997
Commercial/Industrial Zoning Districts 22.10
SERVICE USES
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENT'S
FOR COMMERCIALANDUSTRIAL ZONING DISTRICTS (Continued)
a LAND USE (1) PER'MIIT REQUIREMENT BY DISTRICT
See standards
C-1 C-2 r.s r
Ambulance services
`..:.: -
PP
Parking facilities/vehicle storage
P --- -
Automated teller machines (ATMs)
P
P
P
Telecommunications facilities22.42.130
Transit stations and terminals
Banks and financial services
P
P
P
CUP
Bed and breakfast inns
Use not allowed. (See 22.03.020.F regarding uses not listed.)
p
EUp
Business support services
P
p
P
Car wash
CUP
CUP
Child day care centers
CUP
Cup
CUP
Drive-in and drive-through services
CUP
CUP
CUP
Equipment rental (construction equipment, etc.)
CUP
CUP
CUP
Hotels and motels
P
P
p
Medical services - Clinics and labs
P
P
P
Medical services - Hospitals
CUP
CTP
CUP
Offices - accessory to primary use
P
P
P
Offices - business and professional
P
P
P
Personal services
P
P
P
Psychicreaders
CUP
CUP
Public safety facilities
P
P
P
p
Public utility facilities
P
P
p
p
Service stations
P
P
P
P
Storage, outdoor
P
P
Storage, indoor
P
P
Vehicle services - Maintenance/minor repair
P
P
p
Vehicle services - Major repair /body work
CUP
P
Veterinary clinics, animal hospitals, kennels, boarding
cup
p
See standards
TRANSPORTATION de COMMUNICATIONS USES C-1 4t-2 C-3 I in Section -
Heliports
`..:.: -
CUP
Parking facilities/vehicle storage
CUP
cup
Utility lines
P P P
P
Telecommunications facilities22.42.130
Transit stations and terminals
P
CUP
Vehicle and freight mm inals
CUP
CUP
KEY TO PERINIIT REQUIREMENTS
"<
`..:.: -
Procedure is
Symbol
Permit Requirement
in Section:
P
Permitted use, Zoning Clearance required. (2)
22_:oc.:ax
MUP
Conditional use, Minor Use Permit required. (2)
22,xx
CUP
Conditional use, Conditional Use Permit required. (2)
22,xx
Use not allowed. (See 22.03.020.F regarding uses not listed.)
Notes:
(1) See Article VII for definitions of each of the land uses listed.
(2) See Chapter 22roc for Development Review requirements for all uses.
Diamond Bar Development Code - -- Article II - Zoning Districts
Administrative Draft - June, 1997 REVISED NOVEMBER 24, 1997 II -22
•
CummerciaL, Industrial Zoning Di=tr:ct�
EXHIBIT II -211 A
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS (Continued)
LAND USE (1)
RETAIL TRADE USES
PERMIT REQUIREMENT BY DISTRICT
See standards
alcoholic beverage sales, off-site (3)
`
p
�-c
p
-s 1 in Section:
F
Alcoholic beverage sales, on-site
MUP
MUp
MUP
Aurt, antique, collectable, and gift sales
p
p
p
Auto and vehicle sales/ rental
CUP
Auto parts sales
p
P
Auto sales, indoor onlyP
Bakery, retail
p
p
P
Bars and night clubs
CUP
CUP
CUP
Building material stores
P
Certified farmers market
P P
Convenience stores
P
P
P P
Drive-in and drive-through sales
Fueling stations, gasoline and electric only
CUP
p
CUP
p
CUP -
p P
Furniture, furnishings, and appliance stores
p
p
General retail stores
P
P
P
Grocery stores
p
P
Mobile home and recreational vehicle sales
p
Outdoor retail sales and activities
p
p
Pet shops
p
P
P
Plant nursenes and garden supply stores
p
p —
Restaurants
p
p
P
Restaurants with outdoor dining
MUP
MUP
MUP
Second hand stores
p
P
Sho in center
CUP
CUP
Warehouse retail stores
CUP
KEY TO PERMIT REQUIREMENTS
S' bol ' Permit Requirement
Procedure is
in Sec
n Sec tion:
P Permitted use, Zoning Clearance required. (2)
xxx
MIUP Conditional use, Minor Use Permit required. (2)
22.xx
CUP Conditional use, Conditional Use Permit required. (2)
22.xx
Use not allowed. (See 22.03.020.F regarding uses not listed)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
(3) Shall he a minimum of 150' from any residential zone or residential land use.
Continues on next page
Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft - November 16,1997 EXHIBIT "11-21 A' II -21
Commercial/Industrial Zoning Districts 22.10
SERVICE USES
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIALIINDUSTRIAL ZONING DISTRICTS (Continued)
}:AND USE (1) PERMIT RE QUIREMENTBYDISTRICT
See standards
C-1 C-2 C-3 1 :- e--.:--.
Ambulance services
CUP
P
P
P
Automated teller machines (ATMs)
P
P
p
CUP CUP
Banks and financial services
P
P
P
22.XX
Bed and breakfast inns
Use not allowed. (See 22.03.020T regarding uses not listed.)
P
CUP
Business support services
P
P
p
Car wash
CUP
CUP
Child day care centers
CUP
CUP
CUP
Drive-in and drive-through services
CUP
CUP
CUP
Equipment rental (construction equipment, etc-)
CUP
CUP
CUP
Hotels and motels
P
P
P
Medical services - Clinics and labs
P
P
p
Medical services - Hospitals
CUP
CUP
CUP
Offices - accessory to primary use
P
P
P
Offices - business and professional
P
P
P
Personal services
P
P
P
Psychic readers
CUP
CUP
Public safety facilities
P
P
P
P
Public utility facilities
P
P
p
p
Service stations
P
P
P
P
Storage, outdoor
P
p
Storage, indoor
P
P
Vehicle services - Maintenance/ minor repair
P
p
p
Vehicle services - Major repair/body work
CUP
p
Veterinary clinics, animal hospitals, kennels, boarding
Cup
p
See standards
TRANSPORTATION & COMMUNICATIONS USES C -I 4t-2 C-3 I in Section -
Heliports
CUP
Parking facilities/vehicle storage
CUP UP
Utility lines
P P P P
Telecommunications facilities
Transit stations and terminals
P 2.2.42.130
P CUP
Vehicle and freight terminals
CUP CUP
KEY TO PERMIT REQUIREMENTS
Notes:
(1) See Article VII for definitions of each of the land uses listed.
W See Chapter 22-xx for Development Review requirements for all uses.
Diamond Bar Development Code _ - Article II - Zoning Districts
Administrative Draft - June, 1997 REVISED NOVEMBER 24, 1997 II -22
Procedure is
Symbol
Pexmit Requirement
in Section:
P
Permitted use, Zoning Clearance required. (2)
72_mxxx
MUP
Conditional use, Minor Use Permit required. (2)
22,xx
CUP
Conditional use, Conditional Use Permit required. (2)
22.XX
Use not allowed. (See 22.03.020T regarding uses not listed.)
Notes:
(1) See Article VII for definitions of each of the land uses listed.
W See Chapter 22-xx for Development Review requirements for all uses.
Diamond Bar Development Code _ - Article II - Zoning Districts
Administrative Draft - June, 1997 REVISED NOVEMBER 24, 1997 II -22
Special Purpose Zoning Districts
TABLE 2-8
�_. SPECIAL PURPOSE DISTRICT GENERAL DEVELOPMENT STANDARDS
•
22.12
Re uirement.b 'Zoning District
DewelopmentFeature OS AG
Minimum lot area (1) None required 5 acres Determined through
review of park or
recreational use.
Residential density 1 single-family unit per 1 single-family unit per None allowed
(2) existing parcel, and one 5 acres and one secondary
secondary residential residential unit per
unit per 22.42.120 except 22.42.120 except where
where construction was construction was previously
previously restricted or restricted or prohibited by
prohibited by the the County of Los Angeles
County of Los Angeles
Setbacks required
Front Determined by Development Review process.
Sides(each)
Street side
Rear
Height limit (3) 35 ft.
Landscaping As required by Chapter 22.24 (Landscaping)
Parking As required by Chapter 22.30 (Parking and Loading)
Si ns As required by Chapter 22.36 (Signs)
Notm
(1) hluumum arra for parcels proposed in new subdivisions, except as otherwise provided by Section
22 08 C50 (Muumum Lot Area and Chapter 22.22 (Hillside Management). .For Open
Space 'Ccruervabon district, no minimum lot area required, unless construction was previously
resrrwu-d or protubited on such properties by the County of Los Angeles.
(2) Nfau:rr.un number of dwellings allowed for each specified unit of land. The approval of a Minor
Use Pr"ro or Condibonal Use Permit may result in fewer dwelling units being allowed than the
rnaxirnwr demay shown. See also Chapter 22.18 (Affordable Housing Incentives/Density Bonus
Provuuxu) for possible density bonuses.
(3) Max ,, urn allay. able height for structures. See Section 22.16.060 (Height Measurement and Height
Luru: Excrptnxu).
Diamond Bai Development Code Article II - Zoning Districts
Hearing Draft - October 29, 1997 II -33
Special Purpose Zoning Districts
22.12
Diamond Bar DeVelopment Code Article H - Zoning Districts
-Hearing Draft - September 1997
General Property Development and Use Standards
22.16
C. Exhaust emissions. The South Coast Air Quality Management District (SCAQMD) has
40 established daily and quarterly significance thresholds for construction exhaust
emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality
Handbook.
. All land use activities shall
be conducted in a manner consistent with the provisions of the South Coast Air Quality Management
Plan.
Exhaust emissions shall be calculated for each stage of grading and construction proposed.
If exhaust emissions from construction activities (including fugitive dust) exceed daily or
quarterly significance thresholds, the project applicant shall coordinate with the SCAQMD
to determine the appropriate mitigation measures to minimize exhaust emissions, including
prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the
SCAQMD Rules and Regulations pertaining to construction emissions (i.e., Rule 403 as
amended).
22.16.040 - Environmental Resource Protection
Development proposals shall be evaluated in compliance with the California Environmental
Quality Act (Public Resources Code Section 21,000 et seq), City and General Plan
environmental policies including, but not limited to, open space habitat, sensitive biological
and botanical resources; rare, threatened and/or endangered species; air quality; mineral
• resources; archaeological resources; and geologic hazards.
22.16.050 - Exterior Lighting
A. Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character
of the surrounding structure(s) and shall be energy efficient. Fixtures shall be
appropriate in height, intensity, and scale to the use they are serving. Generally, pole -
mounted fixtures shall be low in height (20 feet or less) and be equipped
with light shields to reduce or eliminate light spillage beyond the project's
boundaries.
B. Intensity. The level of parking lot light projected onto any ground or wall surface shall
not be less than two footcandles nor more than five footcandles at the base of the light
fixture. Pedestrian walkways, plazas, and courts shall have a light level at the ground
surface of one footcandle. The electrical plan or lighting plan shall demonstrate the
dispersal of light on the ground surface and compliance with the requirements of this
Subsection. Building -mounted decorative lights shall not exceed five footcandles
measured five feet from the light source.
C. Security lighting. Security lighting shall be provided in all nonresidential zoning
districts at building entrances/exits. Security lighting shall provide a minimum of two
footcandles and a maximum of three footcandles at the ground level of the
entrance.
Diamond Bar Development CodeArticle III - Site Planning
Hearing Draft - Revised November 18,1997 III -7
General Property Development and Use Standards
22.16
D. Shielding. Where the light source is visible from outside the project boundary, shielding
shall be required to reduce glare so that neither the light source nor its image from a
reflective surface shall be directly visible from any point five feet or more beyond the
property line. This requirement shall not apply to single-family residential uses, traffic
safety lighting, or public street lighting.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18,1997 III -7a
V''re-a. "C_'_'.. a•.'e_cpmEnt in'l L-Se=fi:'.�d:`:= •_
E. Recreational court lighting. The following standards shall apply to the lighting of
outdoor recreational courts:
• 1. Light fixtures shall not be located closer than 10 feet to the nearest property line.
?. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of
the fixture, arm, and supporting pole shall be coated with a dark, low reflectance
material.
3. Light fixtures shall not be located more than 18 feet from the court surface
4. Not more than one light fixture per 900 square feet of court surface is allowed, with
a maximum of eight poles and fixtures per recreational court.
5. Light fixtures shall be supported by an arm extending at least 4 feet from a support
pole.
6. Light fixtures shall be designed, constructed, mounted and maintained so that, with
appropriate shielding, the light source is completely cut off when viewed from any
point five feet or more beyond the property line. The incident light level at a
property line shall not exceed one foot-candle measured from grade to a height of 12
feet. The incident light level upon any habitable building on an adjacent property
shall not exceed .05 foot-candle.
7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on
weekdays and between 11:00 p.m. and 7:00 a.m, on Saturdays
and Sundays.
8. In the event that an illuminated court surface is visible from another parcel, the court
surface shall be treated with a low reflectance, dark -colored coating.
9. Provisions of this Subsection may be waived or modified through the approval of a
Minor Conditional Use Permit in compliance with 22.56.
22.16.060 - Height Measurement and Height Limit Exceptions
All structures shall meet the following standards relating to height, except for fences and
walls, which shall comply with 22.20 (Fences, Hedges, and Walls).
A. Maximum height. The height of structures shall not exceed the standards established
by the applicable zoning districts in Article lI (Zoning Districts and Allowable Land
Uses). Maximum height shall be measured as the vertical distance from thee.
finished grade at any point immediately adjacent to the exterior structure wall to an imaginary
plane located the allowed number of feet above and parallel to the average finished
grade. Structures in hillside areas shall comply with the height regulations provided in
Section 22.22.120 (Architecture).
B. Exceptions to height limits. Exceptions to the height limits for nonresidential structures
shall apply in the following manner:
40 1. Elevator penthouses and lofts. Roof mounted structures for the housing of elevators,
lofts, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised October 29,1997 III -8
REVISED NOVEMBER 24, 1997
•
General Property Development and Use Standards 22.16
maximum of 15 feet above the allowed structure height. The total square footage of all
structures above the allowed height shall not exceed 25 percent of the total roof area of
the main structure. Additional height or area may be allowed subject to the approval
of a Minor Conditional Use Permit in compliance with 22.56.
r�— parallel to grade------,,
■t■
MEN 1111 111111
111111
FIGURE III -1
2. Chimneys, spires, towers, etc. Chimneys, cupolas, domes, flag poles, gables, spires,
towers, and similar structures may exceed the height limit established for the applicable
zoning dsmct, up to a maximum of 20 feet. Additional height may be allowed subject
to the approval of a Minor Conditional Use Permit in compliance with 22.56.
22.16.070 - Open Space for Commercial Projects
This Section prrn-,ies requu^ements and incentives for the provision of pedestrian -oriented open
spaces and az- mtes tor newly developed or redeveloped commercial centers throughout the
City. The intent is to make the pedestrian environment more pleasant through the provision of
ptA44e community open spaces, plazas, courtyards, outdoor dining and seating areas, and
associated amerutim inc udmg public art where appropriate.
A. Open space required. Multi -tenant commercial centers one acre in size and larger shall
provide a muumum of 0.01 percent of the total land area of the center as useable pedestrian -
oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The
total land area of the center shall include all parcels that comprise the center including
freestanding structures on separate parcels.
Project proponents are encouraged to provide open space areas that exceed the minimum
• amount required. The City may offer incentives in compliance with Subsection C., below.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft -September 1997 REVISED NOVEMBER 16, 1997 II1-9
General Property Development and Use Standards
22.16
B. Standards for Open Space Development. To qualify as useable pedestrian -oriented open
space, an area shall meet the following requirements:
1. Pedestrian open space areas shall be designed as an integral part of the overall project
and shall specifically relate to the main circulation pattern(s) within the project. Leftover
pieces of the site that are not related to the primary pedestrian circulation system shall
not be counted as qualified open space areas;
2. The minimum area of a required open space area shall be 100 square feet of hardscape
material. The mir-d ++um distension of an open space area shall be to feet in any
direction. Outdoor dining areas may have a rt,;, m' ' um dimension of six feet. The
Director may approve areas with less than the minimum dimension for projects less than
three acres.
3. Areas shall be open to the sky except for shade trellises and roof overhangs. Glass -
enclosed sun rooms or similar structures may qualify if located adjacent to a pedestrian
sidewalk and the facility is readily available to the general public;
4. Open space areas shall be oriented to the main pedestrian circulation network and shall
incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises,
and landscaping. Fountains, works of art, and similar features are also strongly
encouraged;
5. Areas provided primarily for walkways or for the sole use of employees (e.g., lunch
patios or entrance lobbies) shall not be counted as qualified open space areas; and
6. Qualified pedestrian open space areas shall be located at ground level to a maximum of
three feet above finished grade. Open space areas shall be easily accessible to the
general public during normal business hours and shall be barrier free for handicapped
access.
C. Open space bonuses. Development incentive bonuses to encourage pedestrian open spaces
that exceed the above requirements and the provision of public art may be available at the
discretion of the City. Eligible projects include new shopping centers greater than one acre in size
and remodeled shopping centers greater than five acres in size. The types of bonus incentives that
may be available to eligible projects include;
1. Increase in maximum structure height;
2. Increase in maximum lot coverage;
3. Increase in floor area ratio;
4. Reduction in landscaping requirements; and/or
5. Reduction in front setback to accommodate pedestrian open space amenities.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -10
General Property Development and Use Standards 22.16
2.'x..16.080 - Screening and Buffering
• This Section provides standards for the screening and buffering of adjoining land uses,
equipment and outdoor storage areas, and surface parking areas with respect to multi -family and
nonresidential land use
A. Screening between different land uses. An opaque screen consisting of plant material and
a masonry wall six feet in height, shall be installed along parcel boundaries whenever a
commercial development adjoins a residential zoning district. Pedestrian access gates may
be provided between the commercial properties and abutting common open area within
residential developments. The wall shall be architecturally treated on both sides, subject to
the approval of the Director, or the Hearing Officer, if part of a project review.
B. Mechanical equipment Roof or ground mounted mechanical equipment (e.g., air
conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks,
service yards, waste and storage areas, and utility services shall be screened from public
view from abutting public streets and rights-of-way, and abutting area(s) zoned for
residential or open space uses, including views from above the subject
project. The method of screening shall be architecturally compatible with other site
development in terms of colors, materials, and architectural style subject to approval by the
Director.
The screening design/construction shall be subject to the approval of the Director, or the
Hearing Officer, if part of a project review, and shall blend with the design of the structure(s)
• and include appropriately installed and maintained landscaping when on the ground;
C. Outdoor storage and work yards. Uses with outdoor storage of materials, or operations
shall comply with the following:
1. Outside uses shall have a solid sight -obscuring wall not less than six feet, or more than
seven feet, in height, of a type and design approved in advance of construction by the
Director, or the Hearing Officer, if part of a project review. The wall shall include sight -
obscuring gates. The wall and gate(s) shall be maintained to continuously conform to
the conditions of the Director or Hearing Officer;
2. Site operations in conjunction with the outdoor uses, including but not limited to, the
loading and unloading of materials and equipment, shall be conducted entirely within
a walled area;
D. Outdoor building and garden supply areas. Outdoor building and garden supply areas
shall be screened with walls, fencing, landscaping, or similar material to minimize visibility
of the storage area; and
E. Parking areas abutting public streets and rights-of-way. An opaque screen shall be
installed along parking areas abutting public streets and rights-of-way. The screening shall
have a total height of not less than 30 inches and not more than 42 inches. However, where
• the finished elevation of the parking area is lower at the boundary line than the abutting
property elevation, the change in elevation may be used in lieu of, or in combination with,
additional screening to satisfy the requirements of this Subsection.
Diamond Bar Development Code Artide III - Site Planning
Hearing Draft - September 1997 III -11
General Property Development and Use standards 22.16
The opaque screen shall consist of one, or a combination, of the following:
I. Landscaped berm. A berm constructed of earthen materials and landscaped to form an
opaque screen;
2. Fences. A solid fence constructed of wood, or other materials compatible to form an
opaque screen; and/or
3. Walls, including retaining walls. A wall of concrete, block, stone, brick, tile or other
similar type of solid masonry material.
22.16.090 - Setback Regulations and Exceptions
This Section establishes standards to ensure the provision of open areas around structures for:
visibility and traffic safety,- access to and around structures; access to natural light, ventilation
and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping
and recreation
A. Setback requirements. All structures shall conform with the setback requirements
established for each zoning district by Article H (Zoning Districts and Allowable Land Uses),
and with any special setbacks established for specific uses by this Development Code and
by the Uniform Building Code as adopted by the City. Portions of a structure, including eaves or
roof overhangs, shall not extend beyond a property line or into an access easement or street
right-of-way. Each yard shall be open and unobstructed from the ground upward, except
as provided in this Section.
B. Measurement of setbacks. Setbacks shall be measured as follows.
1. Front yard setbacks. The front yard setback shall be measured at right angles from the
nearest point on the front property line of the parcel to the nearest point of the wall of
the structure, except as follows:
FIGURE III-2cum
Strect
s centerline Front lot line
......... _.--- setback......
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -12
REVISED NOVEMBER 16, 1997
Buildable area
�•-------------------—..—..----
L
Rear
l
setback
Street
Interior i
side
setback '
setback
Side
I
setback
_
j
l
; I
E o:
s.
Front
\
I setback
FIGURE III-2cum
Strect
s centerline Front lot line
......... _.--- setback......
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -12
REVISED NOVEMBER 16, 1997
General Property Development and Use Standards 22.16
• a. Corner parcels. The measurement shall be taken from the nearest point of the
structure to the nearest point of the property line adjoining the street to which the
property is addressed and the street from which access to the property is taken.
Whenever a future right-of-way line is officially established, required yards shall be
measured from the established line(s);
b. Flag lots. The measurement shall be taken from the nearest point of the wall of
the structure to the point where the access strip meets the bulk of the parcel;
establishing a building line parallel to the lot line nearest to the public street or
right-of-way.
2. Side yard setbacks. The side yard setback shall be measured at right angles from the
nearest point on the side property line of the parcel to the nearest line of the
structure; establishing a setback line parallel to the side property line, which extends
between the front and rear yards.
3. Street side yard setbacks. The side yard on the street side of a comer parcel shall be
measured from the base of the structure to the nearest point of the side property line
adjoining the street.
4. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest
point on the rear property line of the parcel to the nearest line of the structure,
establishing a setback line parallel to the rear property line, which extends between
• the side yards, except:
a. The rear yard on the street side of a double frontage lot shall be measured from
the nearest point of the rear property line adjoining the street right-of-way.
However, if an access easement or street right-of-way line extends into or
through a rear yard, the measurement shall be taken from the nearest point of the
easement or right-of-way line; and
b. Where the side lot lines converge to a point, a line five feet long within the parcel,
parallel to and at a maximum distance from the front lot line, shall be deemed to
be the rear lot line for the purpose of determining the depth of the required rear
yard -(Figure -3-3).
C. Allowed projections into setbacks. The following architectural features may extend
beyond the wall of the structure and into the front, side and rear yard setbacks, only as
follows:
1. Chimneys/fireplaces. A chimney/ fireplace, up to eight feet in width, may extend
• 30 inches into a required setback, but no closer than three feet to a side or rear
property line.
Diamond Bar Development Code Article III - Site planning
Hearing Draft - Revised November 18, 1997 III -13
General Property Development and Use Standards
22.16
Setback
Imaginary Rear
- r
Property Line
FIGURE 111-3 -
2. Canopies, cornices, eaves and roof overhangs. Cantilevered architectural features on
the main structure, including, but not limited to, balconies, bay windows, canopies,
cornices, eaves and solar devices, which do not increase the floor area enclosed by the
structure, may extend into required yards as follows:
a. Front yard setback: Up to three feet into the required front yard;
b. Side yard setback. Up to 30 inches into a required side yard, but no closer than
three feet to a side property line; and
c. Rear yard setback: Up to five feet into the required rear yard but not closer
than 10 feet to the rear property line.
3. Porches and stairways. The following standards shall apply to porches and stairways:
a. Porches. Covered, unenclosed porches, located at the same level as the entrance
floor of the structure; and
b. Stairways. Outside stairways and landings, that are not attached to a deck, are not
enclosed and do not extend above a ground floor entrance, may extend into required
yards as follows:
1) Front yard setback: Up to six feet into a required front yard;
2) Side yard setback: Up to 30 inches into a required side yard, but no closer than
three feet to a side property line;
3) Rear yard setback: Up to six feet into a required rear yard.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -u
n r—rn Rrns/URROCD 1R 1007
•
General Property Development and Use Standards 22.16
°.Qe Max.
�y
ZMinirmum Required -
Yard FIGURE III -4
4. Setback requirements for specific structures:
a. Dwelling groups. An inner court providing access to a dwelling group (constructed
and located face-to-face) shall provide a minimum width of 15 feet between rows for
• single -story structures with an additional five feet of width for each additional floor
above the first floor.
•
b. Planters. Planter boxes and masonry planters shall be allowed in all required
setbacks not to exceed a height of 42 inches.
c. Swimming pools and spas. Swimming pools and spas are allowed in side and rear
setbacks provided they are not closer than five feet to any property line.
d. Guard railings. Guard railings or fences for safety protection around depressed
ramps may be located in required setbacks provided:
1) That an open-work railing or fence is used; and
2) That the height of the railing or fence deer Ret ea 42 :_,he -s Complies
with the requirements of the Uniform Building Code.
e. Drives, walkways, and decks. Driveways, walkways, patio slabs, and wooden
decks shall be allowed in required setbacks provided they do not exceed one foot
above finished grade. This provision shall not exclude the use of steps providing
access between areas of different elevation on the same property.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III-ls
REVISED NOVEMBER 16, 1997
General Property Development andUse Standards
22.16
f. Equipment Ground -mounted equipment (e.g., air conditioners, swirnuni
ng ool
pumps, heaters, filters, and fans, etc.) Shall be allowed in required side or Pear
setbacks, provided:
1) The equipment is not located closer than 42 inches to a lot line; and
2) The equipment does not exceed a height of six feet measured from the finished
grade at the base of the unit.
g. Retaining walls.
1. Walls up to 42 inches. Retaining walls up to 42 inches in height are exempt
from setback requirements.
2. Up to six feet. Retaining walls up to six feet in height may be located within a
required setback provided the exposed side of the wall faces into the subject
parcel.
22.16.100 - Solid Waste/Recyclable Materials Storage
This Section provides standards for the construction and operation of solid waste and recyclable
material storage areas in compliance with State law (California Solid Waste Reuse and Recycling
Access Act, Public Resources Code Sections 42900 through 42911).
A. Multi -family projects. Multi -family residential projects with five or more dwelling units,
shall provide solid waste and recyclable material storage areas in the following manner:
1. Individual unit storage requirements. Each dwelling unit shall include an area with
a minimum of six cubic feet for the storage of solid waste and recyclable material
indoors. A minimum of three cubic feet shall be provided for the storage of solid waste
and a minimum of three cubic feet shall be provided for the storage of recyclable
material; and
2. Common storage requirements, The following are minimum requirements for common
solid waste and recyclable material storage areas for multi -family developments, which
may be located indoors or outdoors as long as they are readily accessible to all residents.
These requirements apply to each individual structure. All required areas are measured
in square feet.
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - September 1997 III -Hr
General Property Development and Use Standards 22.16
TABLE 3 -XX
MULTI -FAMILY DEVELOPMENT
MINIMUM STORAGE AREAS REQUIRED (SQ.Fr.)
Number of
Dwellings
Solid Waste
Recyclables
Total Area
2-6
12
12
24
7-15
24
24
48
16-25
48
48
96
26-50
96
96
192
51-75
144
144
288
76-100
192
192
384
101-125
240
240
480
126-150
288
288
576
151-175
322
322
672
176-200
384
384
768
201+
Each additional 25 dwellings shall require an
additional 100 sq ft. for solid waste and 100
sq.ft. for recyclables.
• B. Nonresidential structures and uses. Nonresidential structures and uses within all zoning
districts shall provide solid waste and recyclable material storage areas. The following are
minimum storage area requirements. These requirements apply to each individual
structure. All required areas are measured in square feet.
TABLE 3-xx
NONRESIDENTIAL STRUCTURES
MINIMUM STORAGE AREAS REQUIRED (SQ.Fr)
•
Building Floor
Area (s .ft.)
Solid Waste
Recyclables Total Area
0-5,000
12
12 24
5,001-10,000
24
24 48
10,001-25,000
48
48 96
25,001-50,000
96
96 192
50,001-75,000
144
144 288
75,001-100,000
192
1921 384
100,001+
Every additional 25,000 sq.ft. shall require an
additional 48 sq.ft. for solid waste and 48
sq.ft. for recyclables.
Diamond Bar Developme•it Code Article III - Site planning
Hearing Draft - September 1997 II1-17
General Property Development and Use Standards
22.16
C. Location requirements. Solid waste and recyclable materials storage areas shall be
located in the following manner:
Solid waste and recyclable material storage shall be adjacent/combined with one
another. They shall be located inside a specially -designated structure, on the outside
of a structure in an approved fence/wall enclosure, a designated interior court or
yard area with appropriate access, or in rear yards and interior side yards. Exterior
storage area(s) shall not be located in a required front yard, street side yard, parking
area, landscaped or open space area or area(s) required by the Municipal Code to be
maintained as unencumbered. Existing developments shall comply with these
standards to the greatest degree feasible at the time of any expansion or additions
subject to approval of the Director.
2. Storage area(s) shall be accessible to residents and employees. Storage areas within
multi -family residential developments shall be located within 250 feet of an access
doorway to the dwellings which they are intended to serve; and
3. Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles utilized by the designated collector. Where a parcel is served
by an alley, exterior storage area(s) shall be directly accessible to the alley.
D. Design and construction. The design and construction of the storage area(s) shall
1. Be compatible with the surrounding structures and land uses;
2. Be properly secured to prevent access by unauthorized persons, while allowing
authorized persons access for disposal of materials;
3. Provide a concrete pad within the fenced or walled area(s) and a concrete apron
which facilitates the handling of the individual bins or containers;
4. Protect the areas and the individual bins or containers provided within from adverse
environmental conditions which might render the collected materials unmarketable;
and
5. The storage area(s) shall be appropriately located and screened from view on at least
three -sides. The design shall be architecturally compatible with the surrounding
structures and subject to the approval of the Director.
22.16.110 = Undergrounding of Utilities
All on-site electric and telephone facilities, fire alarm conduits, lighting wiring, cable
television, and other wiring conduits and similar facilities shall be placed underground at
the time of development.
Projects located within approved underground utility districts shall be subject to the
requirements of chapter 13.04 of the Municipal Code.
Diamond Bar Development Codecle III -Site Planning Hearing Draft - Revised November 18,1997 III -is
General Property Development and Use Standards 22.16
• 22..16.120 - Vibrations
The owner of a use that generates vibrations at levels that constitute a nuisance, in compliance
with the Municipal Code `;tee !a,,-; (G�A!Ee , shall abate the nuisance. If
the nuisance is not abated in a timely manner, the City will abate the nuisance in compliance
with Section 15.00.2830 of the Municipal Code.
22.16.130 - View Protection
A. For the purpose of this Section, a "view" means a vista of
significant features, including mountains, ridges, hillside terrain,
canyons, geologic features, and community amenities (e.g.,
parks, landmarks, permanent open space). The term does not
mean an unobstructed panorama of these features.
B. The development of new projects shall respect the views of
existing residential uses. New structures shall be located in a
manner that preserves views by creating view corridors.
C. New developments that are within the viewshed of existing
residential uses shall be kept as low as possible to reduce or
eliminate the possibility of blocking views.
• D. In reviewing projects with potential view blockage impacts, the
Director and/or Commission shall refer to the vew Protection
guidelines in the City's "Citywide Design Guidelines" manual.
is
Diamond Sar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -19
General Property Development and Use Standards
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22.16
Diamond Bar Development Code Article III - Site planning
Hearing Draft -September 1997 REVISED NOVEMBER 16, 1997 III -20
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22.16
Diamond Bar Development Code Article III - Site planning
Hearing Draft -September 1997 REVISED NOVEMBER 16, 1997 III -20
•
CHAPTER 22.18 - AFFORDABLE HOUSING
INC:ENTTVES/DENSITY BONUS PROVISIONS
Sections:
22.18.010 - Purpose
22.18.020 - Eligibility for Bonus and Incentives
22.18.030 - Types of Bonuses and Incentives Allowed
22.18.040 - Continued Availability
22.18.050 - Location of Bonus Units
22.18.060 - Processing of Bonus Requests
22.18.010 - Purpose
As required by State law (Government Code Section 65915), this Chapter offers incentives
to developers for providing housing that is affordable to the types of households and
qualifying residents identified in 22.18.020 (Eligibility for Bonus and Incentives), below. The
incentives include the ability to construct up to 25 percent more residential dwelling units
than normally allowed by the applicable zoning district and General Plan designation, and
other incentives provided by this Chapter. In offering these incentives, this Chapter is
intended to implement the requirements of State law (Government Code Sections 65302,
65913, and 6591, et seq.)
22.18.020 - Eligibility for Bonus and Incentives
In order to be eligible for a density bonus and other incentives as provided by this Chapter,
a proposed residential development project shall:
A. Consist of five or more dwelling units;
B. Be designed and constructed so that at least:
1. Lower income. Twenty percent of the total number of proposed dwelling units are
for low er Lncome households, as defined in Health and Safety Code Section 50079.5;
2:. Very low income. Ten percent of the total number of proposed dwelling units are
for very love tnccmw households, as defined in Health and Safety Code Section 50105;
or
:3. Other qualifying residents. Fifty percent of the total number of proposed dwelling
units are for qualifying residents as determined by Section 51.2 of the Civil Code; and
4. Priority to Diamond Bar residents. Subject to compliance with other criteria outlined in this
Section, priority for occupancy of proposed dwelling units shall be provided to existing Diamond
Bar residents or employees in the Community.
• C. 'Satisfy all other applicable provisions of this Chapter.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18, 1997 III -21
Affordable Housing Incentives/Density Bonus Provisions
22.18
22.18.030 - Types of Bonuses and Incentives Allowed
A residential development project that satisfies all applicable provisions of this Chapter shall
be entitled to the following density bonus and other incentives. If a density bonus and/or other
incentives cannot be accommodated on a parcel due to strict compliance with the provis
to waions of
this Development Code, the Council is authorized ive or modify development standards
as necessary to accommodate all bonus units and other incentives to which the development is
entitled.
A. Density bonus. The density bonus allowed by this Chapter shall consist of up to a 25-
percent increase in the number of dwelling units normally allowed by the zoning district
applicable to the parcel as of the date of the project land use permit application. A single
development project shall not be granted more than one density bonus in compliance with
this Chapter.
B. Other incentives. A qualifying project shall be entitled to at least one of the following
incentives identified by State law (Government Code Section 65915(b)):
1. A reduction in the parcel development standards of this Development Code (e.g.,
coverage, setback, zero lot line and/or reduced parcel sizes and /o kin
requirements;
2. Approval of mixed-use zoning in conjunction with the housing project if nonresidential
land uses will reduce the cost of the housing project, and the nonresidential land uses
are compatible with the housing project and surrounding development; and
3. Other regulatory incentives or concessions proposed by the developer or the City that
will result in identifiable cost reductions.
The Council shall approve one or more of the above incentives, not with -standing the other
provisions of this Chapter, unless it makes a written finding that the additional concession
or incentive is not required in order for the sales price or rent for the targeted dwelling units
to be set in compliance with State law (Government Code Section 65915(c)).
22.18.040 - Continued Availability
The land use permit application for the residential development project shall include the
procedures proposed by the developer to maintain the continued affordability of the density
bonus units in the following manner:
A. Development projects with City funding. Projects receiving a direct financial contribution
or other financial incentives from the City, or a density bonus and at least one other
concession or incentive shall maintain the availability of the lower income density bonus
units for a minimum of 30 years, as required by State law (Government Code Sections
65915(c) and 65916); or
B. Private development projects - density bonus only. Privately -financed projects that receive
a density bonus as the only incentive from the City shall maintain the availability of lower
income density bonus units for a minimum of 10 years.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -Z7
Hillside Management
22.22
A. Natural features map. A natural features map, which shall identify all existing slope
• banks, ridgelines, canyons, natural drainage courses, federally recognized blue line
streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides
and other existing geologic hazards.
•
•
B. Grading plan. A conceptual grading plan that shall include the following items:
L A legend with appropriate symbols which shall include the following items: top of
wall, top of curb, high point, low point, elevation of significant trees, spot elevations,
pad and finished floor elevations, and change in direction of drainage;
Diamond Bar Development Code
Hearing Draft - Revised October 29, 1997 Article III - Site Planning
III -32a
REVISED NOVEMBER 16, 1997
Hillside Management
TABLE 3-X
ALLOWABLE RESIDENTIAL DENSITY
Average Slope Range
Density
Open
I
Reduction
Space
Factor
I
0% to 25%
None
None
26% to 30%
0.9
10%
31% to 35%
0.8
20%
36% to 40%
0.6
30%
Greater than 40%
Development
may be
40%
extremely
limited
B. Density transfer. To encourage the clustering of residential units away from steeper
slopes to areas with more gentle slopes, a transfer of density may be allowed when
development is transferred from one slope category to a lower slope category_ When
• density is transferred from a higher slope category to a lower category (e.g., from the 31-35
percent category to the 26-30 percent category), the Commission may increase the
allowable density of the lower category to compensate for not developing in areas with
steeper slopes.
The total number of touts allowed for a project shall not exceed the number of units that
would have been allowed without any transfer of density. Areas from which density is
transferred shall be restricted from future development in an appropriate manner.
C. Environmental constraints. The maximum number of residential dwelling units may also
be affected by the impact of the following development constraints:
1. Land areas subject to inundation during a 100 -year storm;
2. Land areas that are above the hillside view line;
3. Land areas that lie within a federally recognized blue line stream, or that contain
significant riparian stream bed habitats or other established plant formations that
constitute a significant natural feature or ecosystem or that contain rare or endangered
species;
4. Significant Ecological Areas (SEA);
5. Land areas that are within 100 feet of a prominent ridgeline or hiking trail; and
• 6. Land areas containing significant archaeologic sites_
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - November 16, 1997 III -35
Hillside Management 22.22
22.22.050 - Hillside Development Standards and Guidelines
A. General. The hillside development standards and guidelines are intended to ensure the
appropriate management of hillside areas. The standards are requirements for the use,
development, or alteration of land in hillside areas. The guidelines are to be utilized to
provide direction to encourage development that is sensitive to the unique characteristics
common to the hillside areas. The guidelines shall be used by the Commission in evaluating
development proposals that propose to deviate from the minimum standards contained in
this Chapter.
B. Exceptions. Exceptions to the standards in this Chapter may be approved through the
Conditional Use Permit process, when the Commission determines that the exceptions
would not materially effect the intent of the standards and guidelines. In approving a
Conditional Use Permit, the Commission shall make appropriate findings and fa
supporting the determination in compliance with 22.58 (Conditional Use Permits).
Where development is proposed for a parcel that adjoins one or more vacant, developable
parcels, cooperation of the respective property owners is encouraged in the planning of the
road network, utilities plan, and open space network for the area as a whole. The City may
consider variations from the strict application of the provisions of this Chapter as may be
needed to achieve cooperation among all contiguous property owners to the extent that the
variations may better achieve the objectives of this Chapter.
22.22.060 - Landform Grading and Revegetation Standards
Incorporation of the basic principles of the landform grading and revegetation concept in the
design and construction of hillside development projects is required so that they will be in
harmony with the natural topography and reflect existing plant distribution patterns.
The general principles of landform grading and revegetation include the following elements:
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -36
Hillside Management
• A. The basic land plan flows with the natural topography rather than against it. This means
that street patterns and building pad configurations follow the underlying topographic
features rather than cutting across them.
0
•
This
------------------
Building pulls back from steeper slopes
and ravines on the hillside. Minor
building protrusions perpendicular to
the contours are acceptable when inset
in hillside. Building is parallel with the
contours.
Not This
FIGURE III -6
Building is perpendicular to the contours.
B. All manufactured cut and fill slopes exceeding nine feet m height that will be either exposed
to permanent public view or are adjacent to environmentally sensitive areas, shall be
designed with features characteristic of natural slopes so that their ultimate appearance will
resemble a natural slope. This includes slopes along streets and highways, slopes adjacent
to parks, schools, open spaces, and other public facilities, and other prominent and highly
visible slopes.
Side yard slopes and low (less than 25 feet in height) rear yard slopes whose view is blocked
by future structures need not have landform design applied.
;Slope drainage devices (e.g., down drains and interceptor drains) shall be designed so that
they are built into the natural slope features and become hidden from view.
This Not This
Use of Radii and Uneven Slopes Use of Angles and Uniform slopes
look forced slope banks
4 drat forced and unnatural
.\l\�„ • ,1 n :. ���
drainage features very visible.
Small irregular berm . • �..
accentuates the top of
the slope. Landscaping F
accentuates contour .• `\v
undulation. Variety in
slope bank grading creates \�
a natural appearance resembling
nature. Drainage features are obscured
FIGURE III -7
Diamond Bar Development Code Ar:ide III - Site Planning
Hearing Draft - September 1997 III -37
Hillside Management
22.22.
C. Terracing and the associated concrete drainage devices (e.g., terrace drains, down drains,
and interceptor drains) distract from efforts to give cut and fill slopes a natural appearance
and are therefore discouraged.
D. Landscaping shall not be applied in a conventional pattern, but in patterns resembling
natural plant distribution. Trees or shrubs shall be clustered in the swaled (concave)
components of the slope along with ground cover. Ground cover, only, should be applied
to the protruding (convex) portions.
of A
Locate plant material In swabs to\
simulate the natural condition.
2222.070 - Slope Analysis FIGURE III -8
A. Calculating average slope. Use the following formula to calculate the average slope of the
entire parcel.
I = Contour interval in feet
Slope = 0.002296 I L L = Summation of length of all
A contours in feet
A = Area in acres of parcel being considered
B. Slope categories. The following are standards for hillside slopes in areas that will not be
landform graded. These standards ensure that development will complement the existing
character and topography of the land. The standards for one category may be applied to
limited portions of the site in an adjacent category when a project is developed on a site with
more than one slope category.
Diamond Bar Development Code Article M - Site Plannu
Hearing Draft - September 1997 ll
REVISED NOVEMBER 16, 1997
Hillside Nfana-ement
• TABLE 3 -XX
SLOPE CATEGORIES
Slope Natural Slope Site Standards
.1... lT _
1. i 10% to 24.9% Special hillside architectural and design techniques that
minimize grading are required in this slope category.
2. 25% to 39.9% Structures shall conform to the natural too a h and
natural grade by using appropriate techniquesuuluding
split-level foundations, stem walls, stacking, and
clustering. Conventional grading may be considered for
limited portions of a project when its plan includes special
design features, extensive open space, or significant use of
greenbelts.
3. 40% to 49.90/6 1 Development within this category shall be restricted to
those sites where it can be demonstrated that safety will be
maximized while environmental and aesthetic impacts will
be minimized. Use of large lots, variable setbacks and
variable building structural techniques (e.g., stepped
foundations) are expected. Structures shall be designed to
minimize the visual impact of their bulk and height. The
shape, materials, and colors of structures shall blend with
the natural environment. The visual and physical impact
of driveways and roadways shall be minimized by
eliminating sidewalks, and reducing their widths to the
minimum required for emergency access and following
natural contours, using grade separations where necessary
and otherwise minimizing the need for grading.
4. 50% and over This is an excessive slope condition and de-eeiepment
22.58. and it is
anticipated p that residential
subdivisions will not be developed in
these areas. If residential development is
pursued in these areas, lot sizes may be
considerably larger than the minimum
allowed by the underlying zoning district
in order to comply with the standards and
.guidelines of this Chapter. Actual lot size
shall be determined through the
Conditional Use Permit process.
•
Diamond Bar Development Code
Hearing Draft - Revised October 14,1997 Article III - Site Planning
III -39
Hillside Management
No
5:1 20
3:1 33
2:1 50
22.22.080 - Grading
cti �
CAP
1.51
1.5:1 67 34
1:1 104 45
FIGURE III -9
22.22
A. Landform grading techniques. The following standards define basic grading techniques
that are consistent with the intent of this Chapter and avoid unnecessary cut and fill.
Limitations on project grading amounts and configurations will be decided on a case-by-
case basis under the Development Review Conditional Use Permit process. Landform
grading design standards include:
1. Ridgeline cuts. When convex shaped natural features (e.g., protruding ridgelines)
are cut, the residual landform shall not be a flat slope face, but rather should be
restored to resemble the original. This will require more than just rounding at the
edges but, in effect, reconfiguring it so the final result will give the appearance of a
protruding ridgeline.
Ridgeline Cut
Acceptable
12S/ r
100 /
i t
so\ J t
Round off cut edgesto conform to the
natural grade.
FIGURE III -10
Unacceptable
ir. 75
I -A
Standard cut into nose or ridgellne.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18,1997 111-40
•
c:
Hillside Management
22.22
2. Canyon fills. Fill slopes shall not be placed perpendicular across a canyon. Straight line
cut off fill slopes shall not be made to appear like a dam. The terminus of the fill shall
be concave in shape to restore the canyon appearance. Thin concave configuration shall
be in combination with the use of substantially flatter slope ratio (4:1, 3.5:1, 3:1) at or
near the center of this indentation. Symmetrical or unsymmetrical concave
configurations shall be used depending upon the adjoining or underlying topographic
characteristics.
Acceptable
Canyon FII
150
/
/125 ' \
. _ !75
Round off cut edges to conform to the
natural grade.
Unacceptable
FIGURE III -11
Standard cut into nose orridgeline.
3. Transition areas. Minimal rounding at the edges of cut and fill slopes shall not be
allowed. Proper transitioning to natural slopes shall be achieved through the use of radii
or irregular curvilinear shapes that will blend into the adjoining topography tangentially
and not create abrupt changes.
Acceptable
Transition Zone
750 \
i 125
it X .1001 \
�• 75 �� \
so
Round off cut edges to Conform to the
natural grade.
FIGURE III -12
Unacceptable
So
125
l ��
A00
715
/50
Standard cut into nose or ridgeline.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -41
REVISED NOVEMBER IF;ta47
Hillside Management
Conventional
Landform - Plan View
Landform - Oblique View
L'."
Diamond Bar Development Code Article III - Site: Plan
nin
Hearing Draft - September 1997 FIGURE III -13 111V
oe►neen .lnve... m ..- ......
•
•
•
Hillside Management
23.22
Conventional
Landform • Plan View
Landform - Oblique View
FIGURE III -14
Diamond Bar Development Code Article III - Site Plannin
Hearing Draft - September 1997 III43
REVISED NOVEMBER 16, 1997
Hillside Management
2
4. Use of variable slope ratios. The use of landform grading designs, creates valleys
and concave indentations on building pad areas which can result in a net loss of
buildable area. Two methods shall be allowed to offset this loss:
a. Pad areas lost due to concave indentations will be counted towards meeting the
open space or landscape area requirements for the development.
b. Segments of a cut or fill slope will be allowed to be designed with variable slope
ratios less than 2:1, but not less than 1.5:1 within the following guidelines:
1) A geotechnical engineer shall certify that slopes so designed will meet
standard stability requirements;
2) Overall ratio from toe to toe will be 2:1 or greater; and
3) Ratios greater than 2:1 will also be used in the slope design.
B. Grading standards.
1. Finished slopes shall not be created greater than 50 percent (2:1) except adjacent to
a structure where the maximum created slope is limited to 67 percent (1.5:1) or less.
2. Grading shall be phased so that prompt revegetation or construction will control
erosion. Where possible, only those areas that will be built on, resurfaced, or land-
scaped shall be disturbed. Top soil shall be stockpiled during rough grading and
used on cut and fill slopes whenever feasible. Revegetation of cut and fill
slopes shall occur within three months of grading completion.
3. Grading operations shall be planned to avoid the rainy season, October 15, to April
15. Grading permits may be issued any time of year when a plan for erosion control
and silt retention has been approved by the City Engineer.
4. Excavation or other earth disturbance shall not be allowed on a hillside area prior to
the issuance of a grading perinit with the exception of drill holes and exploratory
trenches for the collection of geologic and soil data. Exploratory trenches
and excess roads should be properly backfilled and erosion
treatment and revegetation provided.
5. No point on any structure subject to the provisions of this Chapter shall be closer to
a prominent ridge than Olt50
feet measured vertically on a cross section, whichever is more restrictive. And in no
case, shall the roof line or any other portion of a structure extend above the line of
sight between a ridge line and any public right-of-way, whether the ridgeline is
above or below the right-of-way.
Diamond Bar Development Code Article III •Site Planning
Hearing Draft -October 29, 1997 ng
111-44ng
•
Hillside Management
50'
FIGURE III -I5
22.12
6. Lot pad grading is limited to the boundaries of the structure's foundation, vehicle
Parking space and a front, rear, and side yard areas as shown on the approved grading
plan, and in compliance with the setback requirements of Article II (Zoning Districts and
Allowable Land Uses). For all lots subject to this Chapter, building setbacks shall be measured
• from the edge of the building pad.
(Graphic to be provided)
FIGURE III -16
7• Retaining walls associated with lot pads are titeck�*:
.._X0.61 01 Wa
Diamond Bar Development Code
Hearing Draft -October 29, 1997 Article III - Site Planning
REVISED NOVEMBER 16, 1997 III -45
Hillside-Mana�ernent
,- „
shall not to exceed four feet in height.
Where an additional retained portion is necessary due to unusual or extreme
conditions, (e.g., lot configuration, steep slope, or road design) the use of terraced
retaining structures shall be considered on an individual lot basis. Terraced walls
shall d and be separated by a minimum of fottr
three feet with appropriate landscaping. Terracing Terraced retaining
walls shall not be used as a typical solution within a development and shall
be limited to the minimum required subject to approval of
the Director.
8. Lot lines shall be placed two feet beyond top of major slope areas within public view
corridors to help ensure their maintenance by the downhill owner.
Diamond Bar Development Code Article III -Site Planning
III
Planning Hearing Draft -October 29, 1997
Hillside Management
L.?2
C. Grading guidelines.
• 1. Where possible, graded areas should be designed with manufactured slopes located on
the uphill side of structures, thereby, hiding the slope behind the structure.
•
This
Not This
stapes ehauN be rounded m P1 Owl" a nam arhad appeerenee. Lerye
mamba ftwed slepea WwWd be W"W on ttr who ewe at to muctm to
ua� the appearance d ge"W f on er raadrar P-Owdn9 raft may be
FIGURE III -17
2. Terraced retaining structures up to four feet m height may be utilized when separated
by a minimum of 3 feet and appropriate landscaping.
This Not This
i
cc
i
Min.
Terraced retaining rrafis break up mass Single retaining wall nukes a massive
and are easier to screen. sear on hillside and is difficult to screen.
FIGURE III -18
3. On lots sloping with the street, and other configurations not discussed above, one
retaining wall, not to exceed 42 inches feet in height may be used in a side yard where
necessary.
Diamond Bar Development Code Amide ID -Site planning
Hearing Draft - September 1997 ID -46
REVISED NOVEMBER 16, 1997
i Mide Management22.97
. 4. Retaining walls that are an integral part of the structure may exceed four feet in height;
however, their visual impact shall be mitigated through contour grading and landscape
techniques.
FIGURE III -19
0 5. The following factors shall be taken into consideration in the design of a project:
•
a. When space and proper drainage requirements can be met with approval by the City
Engineer, rounding of slope tops and bottoms shall be accomplished.
b. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp,
angular appearance.
c. A rounded and smooth transition shall be made when the planes of man-made and
natural slopes intersect.
d. When significant landforms are "sliced" for construction, the landforms shall be
rounded to blend into natural grade.
e. Manufactured slope faces shall be varied to avoid excessive "flat -planed"
surfaces.
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - September 1997 111-47ng
REVISED NOVEMBER 16. 1997
Hillside Management
22.2?
6. No manufactured slope shall exceed 30 feet in height between terraces or benches
This
structure should fall be'—
top of ridge eNvaticn.
1� D - 1
FIGURE III -20
Not This
ER D EEEI
• I
Over-ernphasized vertical structures disrupt the natural
sinmustte of the hillside.
7. Where cut or fill conditions are created, slopes would be varied rather than left at a
constant angle which may be unstable or create an unnatural, rigid, "engineered"
appearance.
Not This
/ This
Varying cut or fill slope creates more
natural appearance.
FIGURE III -21
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III418
REVISED NOVEMBER 16, 1997
•
•
Hillside Management
22.22
8. The angle of any graded slope should be gradually adjusted to the angle of the natural
terrain.
Rr CT!DC IIF -Il
Existing Development Proposed Development
Tract Boundary
Variable
Natural Grade t
Proposed Slope Extension
'
` r --Natural Grade
Existing Drainage Device
Not This
This
Combine slopes to more closely approximate natural grade.
7. manuracturea slopes adjacent to roadways shall be consistent with the landform grading
and revegetation technique to create visually interesting and pleasing streetscapes.
This Not This
s�� - fie• /.
i
Variety in undulating slope bank creates Straight slope bank heightens monotony
pleasing roadscape. of roadway landscape.
FIGURE n1-23
22.22.090 - Drainage
Where a conflict exists between the provisions of this Section and Chapter 70 of the Uniform
Building Code, the drainage, soils and geology provisions of this Development Code shall
prevail, unless in the opinion of the City Engineer, the provisions of this Section do not meet
sound engineering standards.
A. Drainage Standards.
I - Debris basins, rip rap, and energy dissipating devices shall be provided where necessary
to reduce erosion when grading is undertaken. Except for necessary flood control
facilities, significant natural drainage courses shall be protected from grading activity.
. In instances where crossing is required, a natural crossing and bank protection shall be
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -49
REVISED NOVEMBER 16, 1997
Hillside Management
preferred over steel and concrete systems. Where brow ditches are required, they shall
be naturalized with plant materials and native rocks.
2. Terrace drains where required shall follow landform slope configuration. Down drains
shall not be placed in exposed positions. All down drains shall be hidden in swales
diagonally or curvilinear across a slope face. In this manner they will be built into the
overall landform of the slope.
Umdtonn
conversional
FIGURE 111-24
L�—
3. Building and Grading Permits shall not be issued for construction on any site without
an approved location for disposal of runoff wafters, (e.g., a drainage channel, public
street or alley, or private drainage easement).
4. The use of cross lot drainage shall be subject to Commission and Council review and
may be approved after demonstration that this method will not adversely affect the
proposed lots or adjacent properties, and that it is absolutely required in order to
minim ze the amount of grading which would result with conventional drainage
practices. Where cross lot drainage is utilized, the following shall apply:
a. Project interiors. One lot may drain across one other lot if an easement is provided
within ether an improved, open V-swale gutter, that has a naturalized appearance,
or wnthm a closed drainage pipe that shall be a minimum 12 inches in diameter. In
both cases, an integral wall, shall be constructed. This drainage shall be conveyed
to either a public street or to a drainage easement. If drainage is conveyed to a
private easurvmt, it shall be maintained by a homeowners association, otherwise the
drauvse shall be conveyed to a public easement. The easement width shall be
detmmuncd on an individual basis and shall be dependent on appropriate
hydrologu studies and access requirements.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 HI -50
REVISED NOVEMBER 16, 1997
Hillside Management
0AWA
b. Project boundaries. On-site drainage shall be conveyed in an improved open V-
• swale, gutter, which has a naturalized appearance, or within an underground pipe
in either a private drainage easement, which is to be maintained by a homeowner's
association, or it shall be determined on an individual basis and shall be dependent
on appropriate hydrologic studies and access requirements.
This
Variable
Use of native rocks naturalize man-
made brow ditch.
B. Drainage guidelines.
Not This
Typical brow ditch with A.C. or
concrete liner.
FIGURE III -25
1. Where possible, drainage channels should be placed in inconspicuous location, and
more importantly, they should receive a naturalizing treatment including native rock,
colored concrete and landscaping, so that the structure appears as an integral part of the
environment.
Locate plant material in swales to
simulate the natural condition.
FIGURE III -26
2. Natural drainage courses should be preserved and enhanced to the extent possible.
Rather than filling them in, drainage features should be incorporated as an integral part
• of the project design.
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - September 1997 ming
REVISED NOVEMBER 16, 1997
Hillside Management
22.22.100 - Access, Trails, and Roadways
A. Access, trails, and roadway standards.
1. Driveway grades up to a maximum of 20 percent are allowed, and shall be aligned with
the natural contours of the land. Proper design considerations shall be employed, (e.g.,
vertical e-upves curbs and parking landings). Parking landings shall be utilized on all
drives over 10 percent grade.
2. Grooves for traction shall be incorporated into the construction of driveways with a
slope of 20 percent or greater.
I Where retaining walls are necessary adjacent to roadways or within street setbacks, they
shall be limited to three feet in height in order to avoid obstruction of motorists' and
pedestrians' field of view, and to create an aesthetically pleasing streetscape. No more
than three terraced or stepped retaining walls shall be utilized. Wall shall be separated
by a minimum of three feet and include appropriate landscaping.
i .
Existing Hillside
-ems
streetJL
3'
Min.
FIGURE III -27
4. Driveways shall enter public/private streets maintaining adequate line of sight.
5. Local hillside street standards shall be used to mi_n;m;ze grading and erosion potential
while providing adequate access for vehicles, including emergency vehicles.
6. Hillside collector, and arterial streets shall not exceed 12 percent. Hillside local
residential streets shall not exceed 15 percent.
7. Cul-de-sacs may be allowed to a maximum of 1,000 feet in length maybe-a4ewed-,
8. All other street improvement standards shall conform to the standard plans and
specifications for public streets of the City.
9. The Commission or Council may approve modifications to the above standards
provided the modifications are in substantial conformance with the objectives stated in
this Section.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -52
REVISED NOVEMBER 16, 1997
•
•
Hillside Management
B. Access, trails, and roadway guidelines.
22.22
L Roadways and driveways, where feasible, should conform to the natural landform.
They should not greatly alter the physical and visual character of a hillside by creating
large notches in ridgelines, defusing wide straight alignments, or by building switch-
backs on visually prominent hillsides. Split sections and parking bays should be
utilized in the layout of hillside streets.
This
Reduce grading by aligning roads
along natural grades.
Not This
Avoid running roads counter to
steep graders.
FIGURE III -28
2. Where road construction is allowed in hillside areas, the extent of vegetation disturbance
and visual disruption should be minimized by the combined use of retaining structures
and regrading to approximate the natural slope. The following techniques should be
used where feasible.
a. Utilize landform revegetation planting in order to create a natural appearance and
provide a sense of privacy.
b. Reduce the visual and safety impacts by use of terraced retaining walls and
landscaping.
Diamond Bar Development Code g
111-53
II nnnin
Article III -Site Pla
Hearing Draft - September 1997
REVISED NOVEMBER 16, 1997
Hillside Management
22.22
c. Split roadways increase the amount and appearance of landscaping and the median
can be used to handle drainage.
No Parking •
r L - - Roadway Separ e
Sidewalk Steep Slopes
Stabilize and reforest distributed banks. fir•
Parking Bay
l
' • • ' • Split
Roadway
Possible
i
Roadway
' f ,
Split Section
Roadway Steep Slopes
Sidewalk
Flatter Slope
FIGURE III -29
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -54
REVISED NOVEMBER 16,1997
Hillside Management
• This
i
•
j F3oadw
Round off cut slope to conform to the
natural contour of the hill.
• Ro6dw
Round off cut slopes. Remove small
knobs on roadway cut to conform to
the natural grade.
• Roa
. •Roadway
Round off cut slopes. Split roadway
sections to accommodate grade
changt.
2.2.22.
Not This
Unnatural edge condition. Cut slope
into hillside.
Cut too steep for plants to become
established. Knob remaining from
roadway cut.
mass gracing to accommodate one level
arterial highway.
FIGURE III -30
3. Trails are an Lntrgral part of a hillside area and provide recreation areas for equestrian,
hiking and biking uses. They can also function as a means to convey drainage.
4. In hillside areas, it is not always necessary to provide full improvements for trails. A
more natural experience may be achieved, and the amount of grading required can be
reduced, b. providing minimal improvements in appropriate areas (e.g., undevelopable,
steep slopes and wildlife migration corridors).
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - September 1997 ming
REVISED NOVEMBER 16, 1997
Hillside Management
22.22.110 - Site Design
'r 7,7
A. Site design standards. The dimensions of a structure parallel to the direction of the slope
shall be maximized in order to limit the amount of cutting and filling and to better fit the
house to the natural terrain.
This Not This
Terraced decks do not '
increase building bulk.
Effective /
Bulk
Building correctly fits
into the ground and
minimizes the effect on
the hillside. Use low
level decks and side
decks.
Terracing reduxs
bulk.
Smaller overhangs for
individual floors or
windows help break
up mass and -
protect
against excessive
sunlight.
Effective
Bulk ;
Effective ..
Bulk
B, Site design guidelines. FIGURE III -31
Overhanging decks
make buildings seem
mon massive.
High profile building
stands out on the
hillside. Avoid
leeks hanging from
the downhin side.
Cantilever snakes
bulkding appear taller,
mon monumental.
Excessive roof overhang
results in additional
visual bulk.
1. Design of building sites should be sensitive to the natural terrain Structures should be
located in ways as to minimize necessary grading and to preserve natural features (e.g.,
knolls or ridgelines).
2. Views of significant visual features as seen from both within and outside a hillside
development should be preserved. The following provisions shall be taken into
consideration:
a. Dwellings should be oriented to allow view opportunities, even if views are limited.
Residential privacy should not be unreasonably sacrificed.
b. Any significant public vista or view corridor as seen from a secondary, collector, or
major arterial should be protected and enhanced where feasible.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -56
REVISED NOVEMBER 16, 1997
Hillside Management
('04%
3. Projects should incorporate variable setbacks, multiple orientations, and other site
• planning techniques to preserve open spaces, protect natural features, and offer views
to residents.
•
22.22.120 - Architedure FIGURE III -32
A. Architecture standards.
1. The maximum structure height shall be 35 feet as measured from natural or finished
grade at the front setback, extending towards the 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 natural grade or finished
grade.
Downhill Section
450
N �
Street Elevation
FIGURE III -33
Diamond Bar Development Code g
Article III -Site Planning
Hearing Draft - September 1997 111-57ng
REVISED NOVEMBER 16, 1997
Hillside Management
Large Root Sections to
Parallel the Average Slope
Softening of Large
vertical Surfaces
Building Envelope--
I Maximum
I i Height Limit \�
Rigid Vertical
• • Element
FIGURE III -34
2. Structures shall be terraced to follow the natural slope.
27.2-'
3. Architectural treatment shall be provided to all sides of the structure visible from a
public street.
4. Exterior structural supports and undersides of floors and decks not enclosed by walls
shall be permitted provided fire safety and aesthetic considerations have been
adequately addressed .
5. Exterior flood lighting for safety shall be located and shielded so as not to shine on
adjacent properties. Decorative lighting to highlight a structure is pr-eNdbited allowed
when property shielded.
B. Architecture guidelines.
The form, mass, and profile of the individual structures and architectural features
should be designed to blend with the natural terrain and preserve the character and
profile of the natural slope. Some techniques that should be considered include:
a. Split pads, stepped footings, and grade separations to permit structures to step up
the natural slope.
b. Detaching parts of a dwelling (e.g., garage).
c. Avoid the use of gable ends on downhill elevations. The slope of the roof should be
oriented in the same direction as the natural slope and should not exceed natural
slope contour by 20 percent.
2. Avoid excessive cantilevers on downhill elevations.
3. Excavate underground or utilize below grade rooms to reduce effective bulk and to
provide energy efficient and environmentally desirable spaces. However, the visible
area of the structure shall be minimized through a combined use of regrading and
landscaping techniques.
4. Use roofs on lower levels for open space decks for upper levels.
Diamond Bar Development Code Article III - Site Planting
Hearing Draft - September 1997 HI -58
REVISED NOVEMBER 16, 1997
•
•
Hillside Management
22.22
This
Large root areas broken up.
Use of natural materials and window
Placement in small increments create
small scale patterns. Break up massing
of structural elements to more closely
approximate the natural slope. Stone
foundations and retaining walls relate to
the ground.
I, IG URE Ill -35
Not This
Massive roof area is very visible in
contrast to the natural slope. Large
facade of one material.
5. Use building materials and color schemes that blend with the natural landscape of earth
tones and natural chaparral vegetative growth.
6. Minimize the width of a structure measured in the direction of the slope to limit the
amount of cutting and filling and to better "fit" the structure to the natural terrain.
This
Building pulls back from steeper slopes
and ravines on the hillside. Minor
building protrusions perpendicular to
the contours are acceptable when inset
in hillside. Building is parallel with the
contours.
Not This
FIGURE 111-36
Building is perpendicular to the contours.
Diamond Bar Development Code Artic.e III -Site Planning
Hearing Draft - September 1997
REVISED NOVEMBER 16, 1997 II1-59
Hillside Management 22.72
22.22.130 - Fences and Landscaping
A. Fences and landscaping standards.
Walls and fencing, not exceeding six feet in height, visible from roadways or public
rights-of-way shall be visually open and nonopaque. The Director may waive
this requirement for noise impacted sites.
2. Privacy walls and fences, not exceeding six feet in height, are allowed adjacent to
structures, in order to provide private outdoor areas. Walls and fences shall use
materials and colors compatible with the structure's ficade.
3. Native or naturalized plants or other plant species that blend with the landscape shall
be utilized in all areas with required planting in compliance with 22.22.140
(Fire Protection Standards).
4. Fire retardant plant materials shall be utilized. Plants selected as ground cover, shrubs,
or trees shall be from a list approved by the City.
5. A permanent landscape and irrigation system, for purposes of establishing and
maintaining required planting, shall be installed on all slopes. The emphasis shall be
toward using plant materials that will eventually need minimal irrigation. Water and
energy conservation techniques shall be utilized, including drip irrigation, reclaimed
water, and Xeriscape.
This
Not This
No effective bulk. Planting pockets on
stepped retaining wall allow screen
planting at several levels.
FIGURE III -37
No planting possible due to toe of retaining
wall. Large concrete retaining wall surfaces
can be seen for miles and take years to
conceal with planting and trees.
6. Landscaping shall be used to screen views of down slope building elevations. When the
structure height exceeds 20 feet from finished grade on a down slope, additional
landscaping is required and a landscaping plan shall be submitted for review with the
submittal package.
7. Slopes with required planting shall be planted with informal clusters of trees and shrubs
to soften and vary the slope plane. Where required by the City, jute netting shall be used
to help stabilize planting and minimize soil erosion.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997
REVISED NOVEMBER 16, 1997
•
C:
Hillside Management
8. Native vegetation shall be retained and supplemented within undeveloped canyons and
along natural drainage courses as allowed by State and Federal resources agencies (State
Department of Fish & Game, U. S. Fish and Wildlife, U. S. Army Corps of Engineers).
This
� Planting Naturally Follows
�. the Average Slope +.'\
F
open See-Thru
Fencing Blends Into ; : ,�
- the Natural Environment
\ Highly Visible Solid Wall
Screening Required \
Transition Area
Not This
ii
. -.:JJti
Clear Cut Separation
Between Natural Condition
and Developed Area
With No Transition
B. Fencing and landscaping guidelines. FIGURE III -38
Large
Retaining
Walls
No Screening
1. Use natural landform planting to soften manufactured slopes, reduce impact of
development on steep slopes or ridgelines, and provide erosion control.
2. Maintain a revegetative backdrop by replanting with approved trees. The vegetation
should reduce the impact of the structures to the extent possible at maturity and
preserve the appearance of the natural hillside.
l' J Skyline
Yy
A �
Typical Building
Clustering
FIGURE III -39
I Use landform grading to replicate the irregular shapes of natural slopes resulting in
aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized
by continuous series of concave and convex forms interspersed with mounds that blend
into the profiles, not linear in plan view and varying slope gradients, and significant
transition zones between man-made and natural slopes. Resultant pad configurations
are irregular.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 III -61
REVISED NOVEMBER 16, 1997
Hillside Management
22._2
4. Slope down -drain devices should be designed to either follow "natural' lines of the
slopes or are tucked away in special swale and berm combinations in order to conceal
the drains from view. Exposed segments in high visibility areas should be treated with
natural rock.
5. Landscaping should become a "revegetation" process and be applied in patters that
occur m nature: trees and shrubs are concentrated largely in concave areas, while convex
portions are planted mainly with groundcovers.
This Not This
Landform Planting Conventional Planting
Skyline Planting
TJ
Undulating fr�:�_.
Plant Material
Irregular visual plane in cross-section. Uniform visual plane in cross-section.
FIGURE III -40
T%s
Groundcover only for convex areas. Trees
and shrubs clustered in concave areas.
Larger species at bottom.
Not This
Conventional Landscaping
Trees and shrubs spaced for uniform coverage.
FIGURE IH 41
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 M-62
REVISED NOVEMBER 16, 1997
Hillside Management
22.22
• 22.22.140 - Fire Protection Standards
A. Development shall be constructed to reduce the potential for spread of brushfire.
L In the case of a conflict where more restrictive provisions are contained in the
Uniform Building Code or in the Fire Code, the more restrictive provisions shall
prevail.
2. Roofs shall be covered with noncombustible materials as defined in the Building
Code. Open eave ends shall be stopped in order to prevent bird nests or other
combustible material lodging within the roof and to preclude entry of flames.
3. Exterior walls shall be surfaced with noncombustible or fire resistant materials.
4. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible
construction or shall be protected by fire-resistant material pursuant to the Building
Code.
B. All development shall be constructed with adequate water supply and pressure for all
proposed development in compliance with standards established by the Fire Marshal.
C. A permanent fuel modification area shall be required around development projects or
portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of
. fire protection. The required width of the fuel modification area shall be based on
applicable Building and Fire Codes and a Fire Hazard Analysis Study developed by the
Fire Marshal.
In the event abatement is not performed, the Council may instruct the Fire Marshal to
give notice to the owner of the property upon which the condition exists to correct the
prohibited condition. if the owner fails to correct the condition, the Council may cause
the abatement to be performed and make the expense of the correction a lien on the
property upon which the conditions exist.
D. Fuel modification areas shall incorporate soil erosion and sediment control measures to
alleviate permanent scarring and accelerated erosion.
E. If the Fire Marshal determines in any specific case that difficult terrain, danger of erosion,
or other unusual circumstances make strict compliance with the clearance of vegetation
undesirable or impractical, the Fire Marshal may suspend enforcement and require
reasonable alternative measures designed to advance the purposes of this Chapter.
F. Special construction features may be required in the design of structures where site
investigations confirm potential geologic hazards.
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - Revised November 18, 1997 IIIng
Hillside Management
22.22
22.22.150 - Evaluation of Development Review Conditional Use Permit
Application
The Commission shall evaluate a Conditional Use Permit application for
hillside development based on the following objectives and the required findings for
Conditional Uses in compliance with 22.4858:
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18, 1997 III -63a
Hillside Management 22.22
•
A. The preservation of natural topographic features and appearances by means of landform
grading so as to blend manmade or manufactured slopes into the natural topography;
B. The preservation of natural topographic features and appearances through restrictions on
successive padding and terracing of building sites;
C. The retention of major natural topographic features, drainage courses, steep slopes,
watershed areas, vernal pools, view corridors, and scenic vistas;
D. The preservation and enhancement of prominent landmark features, significant ridgelines,
natural rock outcroppings, PFOM41eR4 Protected trees and woodlands (22.38 - Tree
Preservation and Protection), and other areas of special natural beauty,
E. The utilization of varying setbacks, building heights, foundation designs and compatible
building forms, materials, and colors which serve to blend buildings into the terrain;
F. The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce
grading alterations on steeper slopes;
G. The utilization of building designs, locations, and arrangements which serve to avoid a
continuous intrusive skyline effect and which afford view privacy and protection;
H. The preservation and introduction of plant materials so as to protect slopes from soil erosion
• and slippage and minimize the visual effects of grading and construction of hillside areas,
and
•
L The utilization of street designs and improvements which serve to minimize grading
alterations and harmonize with the natural contours and character of the hillsides.
Diamond Bar Development Code Article III -Site Planning
I
Planning Hearing Draft - September 1997
Landscaping Standards
22.24
TABLE 3 -XX
REQUIRED MIX OF PLAINT MATERIALS
Required
Plant Material I Percentage of Mix
j Trees*
24 -inch box 20%
15 gallon 80%
Shrubs
5 gallon 70%
1 gallon (herbaceous only) I 30%
Groundcover
Coverage within 2 years 100%
*Not to be used for compliance with 22.38 (Tree Preservation and P
2. Plant materials shall emphasize drought -tolerant and/or native species in compliance
with Subsection D (water conservation), below,-
3.
elow;
3. Trees and shrubs shall be planted so that at maturity they do not interfere with service
lines and traffic safety sight areas;
4. Trees planted near public sidewalks or curbs shall be of a species and installed in a
manner wh� ich prevents physical damage to sidewalks, curbs, gutters and other public
• improvements;
5. Ground cover shall be of live plant material. Gravel, colored rock, bark, and similar
material!, -r}� may be used in combination with a living ground cover. Nonplant
mater: !s m iv be approved for use in limited areas through the Development Review
pruces> 12= -;til; and
6. It ex:.t:ng :an,.: -.,--aping is to be retained, a note shall be provided on the plan stating
that am r...t:n :andscaping indicated on the approved landscape plan for retention
that :, r .i:v,: or removed during construction shall be repaired or replaced in kind
subject to the approval of the Director."
7. IncorPorete drought tolerant deciduous vines, trellises, and canopies to shade south and westward
facing welb. to cool them in summer months.
8. locate trove and bodge: planted close to buildings so as to channel beneficial cooling breezes through
openings.
C. Irrigation Land caped areas shall be supported by a permanent, automatic irrigation
system coordinated to meet the needs of various planting areas and in compliance with the
following standards:
1. Equipment.
a. Anti -drain valves. Integral, under the head, or in-line anti -drain valves shall be
• installed as needed to prevent low head drainage.
b. Automatic control valves. Different hydrozones shall be irrigated by separate
valves.
Diamond Bar Development Code Article III Site Planning
Hearing Draft - September 1997 69
Landscaping Standards
22.24
c. Controllers. Automatic control systems shall be required for all irrigation systems
and must be able to accommodate all aspects of the design. Automatic controllers
shall be digital, have multiple programs, multiple cycles, and have sensor input
capabilities.
d. Rain/moisture sensor devices. Rain or moisture sensing override devices may be
required where appropriate.
e. Sprinkler heads. Sprinkler heads shall be selected for proper area coverage,
application rate, operating pressure, and adjustment capability. Sprinklers shall
have matched precipitation/application rates within each control valve circuit.
f. Water meters. Separate landscape water meters or sub -meters may be required for
projects where service includes both landscape and nonlandscape. Landscape sub -
meters, if used, shall be purchased, installed and maintained by the owner.
g. Drip irrigation. Drip irrigation systems may be approved if commercial or
agricultural grade materials are used. Components shall be installed below the soil
except for emitters.
2. Runoff and overspray. Irrigation systems shall be designed to avoid runoff, low head
drainage, overspray or other similar conditions where water flows or drifts onto adjacent
property, non irrigated areas, walks, roadways or structures.
22.24.060 - Waiver or Modification of Requirements
A. Director to approve. The Director may approve waivers from or modifications to
the requirements of this Chapter limited to the following:
1. Minor modifications to approved landscaping or irrigation plans that comply with the
spirit and intent of these regulations, including, but not limited to, revising or
substituting plant varieties, container sizes, plant locations, irrigation specifications,
hardscape components, berm heights, berm locations, slope features, and similar
changes;
2. Modifications of planting, installation and/or soil preparation details; and
3. Occupancy of structures prior to installation of landscaping due to exceptional and
unforeseen circumstances when a bond or other surety is provided in
compliance with 22.24.030.E. (Statement of surety).
B. Conditions for waivers. In granting a waiver, the Director may impose conditions as
deemed necessary to comply with the spirit and intent of these regulations.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 HI -70
•
•
CHAPTER 22.26 - WATER EFFICIENT LANDSCAPE STANDARDS
Sections:
22.26.010 - Purpose
22..26.020 - Applicability
22.26.030 - Landscaping Documentation
22.26.040 - Elements of Landscape Documentation Package
22.26.050 - Water Efficient Landscaping Criteria
22.26.060 - Existing Landscapes
22.26.070 - Public Education
22.26.010 - Purpose
These regulations are established in order to provide minimum standards and guidelines for the
design and installation of landscaping and irrigation systems within specified development
projects. The primary intent is to enhance the visual quality of the environment through suitable
landscape design, planting and maintenance, and therefore to recognize and encourage water
conservation principles and techniques in landscaping.
22.26.020 - Applicability
These regulations apply to new and rehabilitated landscaping in conjunction with a
development project, for which landscaping is required, with the following exceptions:
A. Homeowner -provided landscaping at single-family and residential projects;
B. Cemeteries;
C. Historical sites registered with the City
D. ;Ecological restoration projects that do not require a permanent irrigation system;
E. Public land or a publicly owned facility;
F. Projects with a landscaped area less than 2,500 square feet;
G. School play yards;
H. Gild -care facility play yards; and
I. Golf courses.
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - September 1997-71
Water Efficient Landscape Standards
22.26.030 - Landscape Documentation
22.26
A. Submittal required. A landscape documentation package in compliance with 22.26.040
below shall be submitted. No Building Permit or land use permit shall be issued until the
Director reviews and approves the landscape documentation package.
B. Copy of package to be provided. A copy of the approved landscape documentation
package shall be provided to the property owner or site manager along with the record
drawings and other related information.
C. Elements to be included. Each landscape documentation package shall include the
following elements:
1. Landscape design plan;
2. Irrigation design plan;
3. Certificate of substantial completion (To be submitted after installation of the project);
and
4. Other information as deemed necessary by the Director, including, but not limited to,
a grading design plan and/or soil analysis.
22.26.040 - Elements of Landscape Documentation Package
A. Landscape design plan. A landscape design plan meeting the following requirements
shall be submitted as part of the landscape documentation package.
1. Plant selection and grouping.
a. Plants having similar water use shall be grouped together in distinct hydrozones.
b. Plants shall be selected- appropriately based upon their adaptability to the
climatic, geological, and topographical conditions of the site. Protection and
preservation of native species and natural areas is required in compliance with
22.38 (Tree Preservation) and 22.22 (Hillside Management).
c. A list of recommended planting materials shall be kept on file with the
Department and made available upon request. Alternative materials may be used
when the overall landscape plan conforms with the intent of this Chapter.
d. Fire prevention needs shall be addressed in areas that are fire prone.
e. Overall, the landscape design plan shall provide for a water efficient landscape
concept.
f. Where possible, the use of mulch is encouraged in landscape areas to improve the water -
holding capacity of the soil by reducing evaporation and soil compaction.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18, 1997 III -72
•
•
Water Efficient Landscape Standards
2. Water features.
a. Recirculating water shall be used for decorative water features.
Diamond Bar Development Code
Hearing Draft - Revised November 18, 1997
22.26
Article III - Site Planning
III -72a
0
•
•
Off -Street Parking and Loading Standards
22.30
TABLE 3 -XX
PARKING REQUIREMENTS BY LAND USE
Land Use Type:
Service Uses
Bed and Breakfast Inns
C:OPy and reproduction centers
Consumer products -repair and maintenance
Depots: bus, freight, or rail
Equipment rental
Hotels and motels
Medical services
Clinics, medical/dental offices
Extended care (elderly, skilled nursing
facilities and residential care homes)
Hospitals
—
Medical, dental labs
Offices, adminLstrative. corporate
Pet groomsng
Personal wn-Lc"
Barber ' beautn ahoy (and other personal
_ sern-xes tattoo studjos, massage therapy)
Kennels and anin—Al boarding
Laundries and dry cleaning pJ
Dry cleaning pick-up facilities
Laundromats
Laboratories and research/development
facilities
Vehicle
1 space for each guest room, in addition to the
required parking for the residential use
1 space for each 400 sq.ft. of gross floor area
1 space for each 250 sq.ft. of gross floor area
Determined by Conditional Use Permit
1 space for each 300 sq.ft. of floor area, plus 1
space for each 1,000 sq.ft. of outdoor use area
I space for each guest room, plus 1 space for
each 2 employees on largest shift, plus required
spaces for accessory uses.
1 space for each 250 sq.ft. of gross floor area
1 space for each 3 beds the facility is licensed to
accommodate
1 space for each patient bed the facility is
licensed to accommodate, plus 1 space for each
400 sq.ft. of office area, plus required spaces for
an assessory uses as determined by
the Director.
1 space for each 300 sq ft. of gross floor area
1 space for each 400 sq.ft. of gross floor area
1 space for each 400 sq.ft. of gross floor area.
1 space for each 250 sq.ft, of gross floor area.
1 space for each 500 sq ft. of gross floor area,
plus 1 space for each 800 sq ft, of boarding area,
plus 1 space for each employee
1 space for each 1,000 sq ft. of gross floor area
I space for each 400 sq ft. of activity area, plus 1
space for each 1,000 sq. ft of storage area
1 space for each 250 sq.ft. of gross floor area
1 space for each 300 sq.ft. of gross floor area
Diamond Bar Development Code Article ID ning
- Site Plan
Hearing Draft - September 1997 III -97
Off -Street Parking and Loading Standards
22.30
TABLE 3-xx
PARIQNG REQUIREMENTS BY LAND USE (Continued)
Land Use
Service iJses
Vehicle S aces Re uired
Service stations
1 space for each 250 sq.ft. of gross floor area;
plus 3 spaces for each service bay.
Storage, personal storage facilities
4 spaces for manager office.
Vehicle repair and maintenance
Repair garage
4 spaces for each service bay, plus adequate
queuing lanes for each bay, plus 1 space for
each 2 employees on the largest shift.
Self-service vehicle washing
2.5 spaces for each washing stall, for queuing
and
Full-service vehicle washing
10 spaces, plus 10 spaces for each wash lane
for drying area, plus queuing area for 5
vehicles ahead of each lane exclusive of
fueling areas.
Veterinary clinics and hospitals
1 space for each 250 sq.ft. of gross floor area,
plus 1 space for each 800 sq.ft. of boarding
area.
22.30.050 - Reduction of Off -Street Parking Requirements for Shared Use
Where two or more nonresidential uses are developed as a recognized shopping or
professional center and two or more uses have distinct and differing peak parking usage
periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces
may be allowed through the approval of a Parking Permit, provided that the most remote
space is located within 300 feet of the use it is intended to serve (as measured along the most
direct pedestrian path). The amount of reduction may be up to the amount of spaces
required for the least intensive of the two or more uses sharing the parking. A shared
parking analysis may be required by the Director to support a request for a parking
reduction.
Reductions in parking in exchange for transportation demand management programs shall be considered
for projects subject to the requirements of Section 22.40.030 (Transportation Demand Management
Program Requirements)
22.30.060 - Disabled/Handicapped Parking Requirements
Parking areas shall include parking spaces accessible to the disabled as follows:
A. Number of spaces, design standards. Parking spaces for the disabled shall be provided
in compliance with Section 1129B of the Uniform Building Code (UBC).
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18, 1997 III -98
•
•
Off -Street Parking and Loading Standards
22.30
B. Reservation of spaces required. Disabled accessible spaces required by this Chapter
shall be reserved by the property owner/tenant for use by the disabled throughout the
life of the approved land use.
Diamond Bar Development Code
Hearing Draft - Revised November 18,1997 Article III - Site Planning
III -98a
•
•
Off -Street Parking and Loading Standards
22.30
C. Upgrading of markings required. If amendments to State law change standards for the
marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall
be upgraded in compliance with the new State standards. Upgrading shall be completed by
affected property owners within 60 days of being notified in writing by the Department of
new State standards.
D. Fulfilling parking requirements. Disabled accessible parking spaces required by this
Chapter shall count toward fulfilling off-street parking requirements
Curb ramp required when--
Sign Indicating g'—' walkway is at a diffeseot level
Parking for the i from parking
HWIdicapped
iWlkvvay =.;.
\Wheel S
. top -- Sign IndicatingWhed Stop ..___ "min. Parking for the
& min Handicapped
18 ft. 36_ Painted Diagoria
mia 36; PaimedDiagonal Sip`
QSnipes
S ft
9ft. 5E
Double Handicapped Space Single Handicapped Space
Club ramp required when
— walkway is at a different level
from parking
Sip Indicating
Parking for the Inuin.V �dicapPed International Symbol of Accessibility
Wheel Stop1B ft
••`,9�0� 5�w.
Double Diagonal
Handicapped Space
FIGURE III -42
Diamond Bar Development Code
Hearing Draft - September 1997 Article III -Site Planning
III -99
Off -Street Parking and Loading Standards
22.30.070 - Development Standards for Off -Street Parking
Off-street parking areas shall be provided as follows:
A. Access to parking: Access to off-street parking areas shall be provided in the following
manner.
1. Parking areas shall provide suitable maneuvering room so that vehicles enter an
abutting street in a forward direction. Parking lots shall be provided so as to prevent
access at any point other than at designated access drives. The Director may approve
exceptions for single-family homes and duplexes; -
2. Industrial uses located on arterial streets and commercial uses that provide 50 or more
parking spaces shall have access driveways that are not intersected by a parking aisle,
parking space, or another access driveway for a minimum distance of 50 feet from the
street right-of-way line.
3. Access driveways for multi -family residential uses shall not allow parking within a
required setback area.
4. A minimum unobstructed clearance height of 14 feet shall be maintained above areas
accessible to vehicles.
B. Access to adjacent sites. Applicants for nonresidential developments are encouraged to
provide shared vehicle and pedestrian access to adjacent nonresidential properties to
provide for convenience, safety, and efficient circulation. A joint access agreement running
with the land shall be recorded by the owners of the abutting properties, as approved by the
Director, guaranteeing the continued availability of the shared access between the
properties;
C. Location. Off-street parking areas shall be located as follows:
1. Parking spaces shall be accessible by drives and aisles in compliance with Table 3-xx;
2. Required parking shall be located on the same parcel as the uses served, except that
parking may be located on a parcel adjacent to the parcel served subject to a recorded
covenant running with the land recorded by the owner of the parking lot guaranteeing
that the required parking will be maintained for the use or activity served; and
3. Carpool and bicycle spaces shall be located as close as is practical to the entrance(s) to
the use they are intended to serve. Spaces shall be situated so that they do not obstruct
the flow of pedestrians at entrances or sidewalks.
D. Parking space and lot dimensions.
1. General requirements for residential uses. Minimum parking dimensions shall be as
indicated in Table 3-xx and as illustrated by Figure 3.xx.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997 M-100
•
40
Off -Street Parking and Loading Standards
22.30
TABLE 3 -XX
MINIMUM PARKING STALL DIMENSIONS
RESIDENTIAL USES
Standard Stall I Com act Stall
Len Width
r- Lenzth Width
Garage (interior dimension)
20 feet 10 feet. N/A
N/A
Uncovered Spaces
Spaces shall conform to the standards in Table N/A N/A
3• -roc.
Diamond Bar Development Code
Hearing Draft - September 1997 Article III - Site Planning
III -101
Off -Street Parking and Loading Standards
22.30
2. General requirements for nonresidential uses. Minimum parking dimensions shall
be as indicated in Table 3-xx and as illustrated by Figure 3-xx.
TABLE 3-xx
MINIMUM PARKING STALL AND LOT DIMENSIONS
+819 feet including bumper overhangI 8:5 9 feet
See H.S. (below)
1 T1 l_t_ T __1-J
One-Waytrarric ana
uuuvie-t.uaueu r,„„"
j Aislewidth...
Parking angle
Stall depth, with
Aisle width
Total bay width .
(de' ees) :
bum er ovechan
(tr iiel'lane)
30
30
36 17.5 feet
12 feet
44 47 feet
45
49 20 feet
44 13 feet
52 53 feet
60
29 2 1 feet
2$ 18 feet
60 feet
90
48 19 feet
26 feet
62 64 feet
Two-Wav Traffic and Double-I.oaaea Aisies
Parking angle
Stall depth, with
j Aislewidth...
Total bay width
(degrees}'
bumper overhang
1 (travel lane)
30
16 17.5 feet
26 feet
58 61 feet
45
19 20 feet
26 feet
64 66 feet
60
20 2 1 feet
26 feet
68 feet
90
18 19 feet
26 feet
ft62feet
3. Parallel parking spaces. Parallel parking spaces shall have minimum width of 9 feet
and a minimum length of 24 feet. Aisle widths shall be 12 feet for one-way traffic and
26 feet for two-way traffic.
E. Drainage.
1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels;
and
2. Parking lots shall be designed in compliance with the storm water quality and
. quantity standards of the City's Best Management Practices.
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised October 29, 1997 III -102
•
•
•
Off -Street Parking and Loading Standards
22.30
FIGURE M-43
Street
,u ry —4LKwkazxAnes : -_q �<
4
s �
MM Q 3 Stall width Stall De
;n Wheel Stops or Orbs
3'
90 Degree Park;
FIGURE III -44
Diamond Bar Development Code
Hearing Draft - September 1997 Article III - Site Planning
III -103
REVISED NOVEMBER 1�6, 1997
Off -Street Park;ng and Loading Standards
F. Directional arrows and signs:
_ --0
1. In parking facilities containing 40 or more parking spaces, aisles, approach lanes and
maneuvering areas shall be clearly marked with directional arrows and lines to ensure
the safe and efficient flow of vehicles.
2. The Director may require the installation of the traffic signs in addition to directional
arrows to ensure the safe and efficient flow of vehicles in a parking facility.
3. The exit from a parking area which provides parking for 40 or more vehicles shall be
dearly marked with a vehicle "STOP" sign.
G. Grades of parking areas.
1. Interior circulation drives/aisles. Ramps or driveways within the interior of a parking
area (beyond 20 feet from ultimate right-of-way line) shall have a maximum grade of 15
percent. If a ramp or driveway exceeds 10 percent, the design shall include transitions
(at each end of the ramp) not less than eight feet in length, having a slope equal to one-
half the ramp or driveway slope.
2. Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade
of seven percent, measured in any direction
3. Vertical clearance. Covered parking spaces shall have a vertical clearance of at least
seven feet six inches above the parking lot surface for all uses except residential.
H. Landscaping. Landscaping shall be provided in compliance with the following
requirements.
1. Landscape plan required. A comprehensive landscape and irrigation plan shall be
submitted for review and approval by the review authority in compliance with 22.24
(Landscaping Standards).
2. Landscape materials. Landscaping materials shall be provided throughout the parking
lot area using a combination of trees, shrubs and ground cover.
3. Curbing, irrigation. Areas containing plant materials shall be bordered by a concrete
curb at least six inches high and six inches wide, and provided with an automatic
irrigation system. Alternative barrier design to protect landscaped areas from damage
by vehicles may be approved by the Director.
4. Location of landscaping. Parking lot landscaping shall be located so that pedestrians
are not required to cross landscaped areas to reach building entrances from parked cars.
This should be achieved through proper orientation of the landscaped fingers and
islands.
5. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of
two feet of the parking stall depth may be landscaped with low -growth, hearty materials
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - September 1997-1�
CHAPTER 22.36 - SIGN STANDARDS
• Sections:
22:.36.010 - Purpose
22.36.020 - Applicability
22.36.030 - General Provisions for All Signs
22.36.040 - Sign Permits
22.36.050 - Exemptions From Sign Permits
22.36.060 - Comprehensive Sign Program
2236.070 - Sign Design Guidelines
22.36.080 - Prohibited Signs
22.36.090 - Nonconforming Signs
22.36.100 - Abandoned Signs
22.36.110 - Inventory and Abatement of Illegal and Abandoned Signs
22.36.120 - Standards for Specific Types of Signs
22.36.130 - Sign Standards by Zoning District
22.36.010 - Purpose
The' Purpose of this Chapter is to provide minimum standards to safeguard life, health, property
and public welfare, and to preserve the character of the City by regulating the size, height,
design, quality of materials, construction, location, lighting and maintenance of signs and sign
•structures not enclosed within a building, to accomplish the following:
A. Provide a reasonable and comprehensive system of sign controls;
B. Encourage a desirable City character with a minimum of clutter, while recognizing the need
:for signs as a major form of communication;
C. ]Provide for fair and equal treatment of sign users;
D. Encourage signs that are well designed and pleasing in appearance by providing incentive
and latitude for variety, good design relationship, spacing and location;
E. Provide for maximum public convenience by properly directing people to various activities;
and
F. Promote public safety by providing that official traffic regulation devices be easily visible
and free from nearby visual obstructions, including blinking signs, excessive number of
signs, or signs resembling official traffic signs.
22.36.020 - Applicability
A. The sign standards provided in this Chapter are intended to apply to signs in each zoning
district in the City. only signs authorized by this Chapter shall be allowed in that zoning
district unless otherwise expressly provided in this Chapter.
Diamond Bar Development Coc
Hearing Draft - September 1997
Article III - Site
III -127
Sign Standards
22.36
B. If a new zoning district is created after the enactment of this Chapter, the Director shall
have the authority to make determinations as to the applicability of appropriate sign
regulations in compliance with 22.04 (Interpretation of Development Code Provisions)
until this Chapter is amended to govern the new zoning district.
22.36.030 - General Provisions for All Signs
A. Maintenance of signs. Signs and supporting hardware, including temporary signs, shall
be maintained in good repair and functioning properly at all times. Repairs to signs shall
be of equal or better in quality of materials and design as the original sign. Signs which
are not properly maintained and are dilapidated shall be deemed to be a public nuisance.
When existing signs are removed or replaced, all brackets, poles, and other supports that
are no longer required shall be removed. Unpainted areas shall be painted to match the
adjacent portion of the building or sign support structure.
B. Measurement of sign height. Sign height shall be measured from the upper most part
of the sign used in determining the area of the sign to the elevation of the base of the sign
nearest the top-oi the curb of the public street or nearest the base of the adjacent on-site
building, whichever is closer to the location of the sign.
Sign Is Closest to Curb
Measured
Sign Height Building
sign
Street Curb'
(grade level)
Measured
Sign Height
Street Curb
Sign Is Closest to Curb
Measured
Sign Height
sign
Street
Curti . Building
(grade level) '
Building
�.r�'• (grade level)
Sign Is Closest to Building
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised November 18, 1997 III -128
CJ
17�
Sign Standards
22.36
'-----
a0� 0i
v
C7
z
05T8
wIDTH
F
U
t%1 ODD SHAPE
Z
-----------
FIGURE IIl-45
C. Measurement of sign area.
WIDTH
.......... stur-1 -----------
WrDTH
CIRCLE
WIDTH
ODD SHAPE
V
1. The surface area of a sign shall be calculated by enclosing the extreme limits of all
writing, logo. mpresentation, emblem, or other display within a single continuous
perimeter composed of squares or rectangles with no more than eight lines.
2. Supporting framework or bracing that is clearly incidental to the display itself shall
not be computed as sign area.
3. Signs composed of more than one sign face shall be computed as including only the
maximum single display surface that is visible from any ground position at one time.
4. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes,
clusters of objects, sculpture or statue -like trademarks), the sign area shall be
measured as their maximum projection upon a vertical plane.
5. For signs that incorporate time and temperature devices, the area of these devices
shall not be included in the total area of the sign.
Diamond Bar Development Code Article III -Site Planning
Hearing Draft - Revised November 18,1997
III -129
22.36
Sign Standards
D. Illumination of signs. The artificial illumination of signs, either from an internal or
external source, shall be designed to eliminate negative impacts on surrounding rights-of-
way and properties.
1. External light sources shall be directed and shielded to limit direct illumination of
any object other than the sign.
2. The light from an illuminated sign shall not be of an intensity or brightness which
will interfere with the reasonable enjoyment of residential properties in direct visual
proximity to the sign.
Article III - Site Planning
Diamond Bar Development Code III -129a
Hearing Draft - Revised November 18,1997
EXHIBIT 111.130 "A"
Sign Standards 22.36
3. Sign shall not have blinking, flashing, or fluttering lights or other illuminating devices
• that have a changing light intensity, brightness or color.
4. Colored lights shall not be used at a location or in a manner so as to be confused or
construed as traffic control devices.
5. Neither the direct nor reflected light from primary light sources shall create a hazard
to operators of motor vehicles_
6. Reflective- type bulbs and incandescent lamps that exceed 15 watts shall not be used
on the exterior surface of signs so as to expose the face of the bulb or lamp to a public
right-of-way or adjacent property.
'7. Light sources shall utilize energy efficient fixtures to the greatest extent possible.
E. Sign copy. The sign copy (text) of permanent signs shall relate only to the name and/or
nature of the business. Permanent "come-on" signs that advertise continuous sales, special
prices, etc. shall not be allowed.
Sign copy in non-Latin/Roman symbols, numerals, or alphabet characters shall contain a
generic description in English of the nature of the business or use. (e.g., "Restaurant,"
"Dentist," "Bakery," etc.). All commercial businesses shall contain the address or unit number or
letter of the occupant. Unit letters shall be in the English alphabet. Addresses numbers shall be in Arabic
numerals. All letters and numerals shall be provided in digits which are visible from the adjacent street or
parking lot drive aisle.
isFreestanding monument signs shall contain the street address of the use(s) in compliance
with 22.36.120.B.
22.36.040 - Sign Permits
A. Sign permits required. To ensure compliance with the regulations of this Chapter, a Sign
Permit shall be required in order to erect, move, alter, or reconstruct any permanent or
temporary sign, except signs that are exempt from permits in compliance with 22.36.050
below.
B. Sign permit fee. A Sign Permit processing fee shall be collected upon application for a
Sign Permit or appeal thereof.
C_ Temporary sign permit bond. To ensure the removal of temporary signs in a timely
manner, the Director may require that the applicant post a bond in an amount sufficient
to cover the cost of removing the temporary sign and restoring the premises to its proper
condition.
D. Approval of sign permits. A Sign Permit application shall be approved by the Director
provided that the proposed sign is consistent with the intent and provisions of this
Chapter.
Review of the Sign Permit shall include consideration of size, color, material, illumination,
location, and ober elements of design in compliance with the Sign Design Guidelines
(22.36.070).
• E. Revocation of sign permits. The Director may revoke or modify a Sign Permit, in
compliance with Chapter 22.76 (Revocations and Modifications) if it is found that the sign(s)
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - November 16, 1997 I1I-130
EXHIBIT III -130 "A"
EXHIBIT III -130 'B"
Sign Standards 22.36
3. Sign shall not have blinking, flashing, or fluttering lights or other illuminating devices
that have a changing light intensity, brightness or color.
4. Colored lights shall not be used at a location or in a manner so as to be confused or
construed as traffic control devices.
5. Neither the direct nor reflected light from primary light sources shall create a hazard
to operators of motor vehicles.
6. Reflective- type bulbs and incandescent lamps that exceed 15 watts shall not be used
on the exterior surface of signs so as to expose the face of the bulb or lamp to a public
right-of-way or adjacent property.
'. Light sources shall utilize energy efficient fixtures to the greatest extent possible.
E. Sign copy. The sign copy (text) of permanent signs shall relate only to the name and/or
nature of the business. Permanent "come-on" signs that advertise continuous sales, special
prices, etc. shall not be allowed.
.. A minimum of 50% of sign copy shall be in English characters. All
commercial businesses shall contain the address or unit number or letter of the occupant. Unit letters shall
be in the English alphabet. Addresses numbers shall be in Arabic numerals. All letters and numerals shall
he provided in digits which are visible from the adjacent street or parking lot drive aisle.
Freestanding monument signs shall contain the street address of the use(s) in compliance
with 22.36.120.B.
22.36.040 - Sign Permits
A. Sign permits required. To ensure compliance with the regulations of this Chapter, a Sign
Permit shall be required in order to erect, move, alter, or reconstruct any permanent or
temporary sign, except signs that are exempt from permits in compliance with 22.36.050
below.
B. Sign permit fee. A Sign Permit processing fee shall be collected upon application for a
Sign Permit or appeal thereof.
C. Temporary sign permit bond. To ensure the removal of temporary signs in a timely
manner, the Director may require that the applicant post a bond in an amount sufficient
to cover the cost of removing the temporary sign and restoring the premises to its proper
condition.
D. Approval of sign permits- A Sign Permit application shall be approved by the Director
pi-ovided that the proposed sign is consistent with the intent and provisions of this
Chapter.
Review of the Sign Permit shall include consideration of size, color, material, illumination,
location, and other elements of design in compliance with the Sign Design Guidelines
(22.36.070).
E. Revocation of sign permits. The Director may revoke or modify a Sign Permit, in
compliance with Chapter 22.76 (Revocations and Modifications) if it is found that the sign(s)
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - November 16,1997 EXHIBIT 111.130 "B" I1I-130
Sign Standards
22.36
has been erected, altered, reconstructed, or is being maintained in a manner that is
• inconsistent with the approved Permit.
22.36.050 - Exemptions From Sign Permits
Sign Permits shall not be required for the signs listed in this Section. Exempt signs shall not be
included in the determination of the total allowable number of signs or total allowable sign area
for a site/use.
A. :Permanent signs Vie- without specific size limitation.
The following signs are exempt from Sign Permit review subject to the following limitations:
1. Signs located within shopping centers or similar areas where the signs are not visible
from any point on the boundary of the premises;
2. Official and legal notices required by a court or governmental agency;
3. A sign erected and maintained in compliance with and in discharge of a governmental
function or required by a law, ordinance or governmental regulation, including signs
erected by a public utility;
4. Signs on licensed commercial vehicles, including trailers; provided, however, that
vehicles/trailers shall not be used as parked/stationary outdoor display signs;
is
5. Bench and other signs located at designated public transit locations; and
6. Change of copy within an approved Comprehensive Sign Program that conforms to the
provisions of the Comprehensive Sign Program. (22.36.060).
B. Permanent signs limited by maximum size.
The following signs are exempt from Sign Permit review subject to the following limitations:
1. Occupant name, street number, and street name signs not exceeding two square feet in
area per single-family or multi -family unit. Street address signs shall have
Arabic numbers a minimum of three inches in height;
2. Signs for commercial, office and industrial uses not exceeding two square feet and
limited to business identification, hours of operation, address and emergency
information;
3. Vehicle oriented safety and directional signs solely for the purpose of guiding traffic,
parking, and loading on private property, and not bearing advertising materials.
Maximum sign area shall be four square feet in residential zoning districts and six
square feet in commercial zoning districts Maximum height for freestanding signs shall
be four feet. Taller signs may be approved by the Director, if visibility will not be
• impaired;
Diamond Bar Development Code
Hearing Draft - September 1997 Article III - Site Planning
III -131
Sign Standards
22.36
4. Affiliation signs for auto -related uses, motels, and hotels that show notices of services
provided or required by law, trade affiliations, credit cards accepted, and similar
signs provided they are attached to an otherwise approved freestanding sign, or
structure. Signs or notices shall not exceed one-half square foot in area per sign, and
no more than six signs are allowed per business;
5. Gasoline pump signs identifying the brand, types, and octane rating provided the
signs do not exceed two square feet per pump face;
6. Names of structures, commemorative plaques, tables, dates of construction, and the
like when carved in stone, concrete, or similar materials or made of bronze,
aluminum, or other similar permanent material and mounted permanently on a
structure. These signs shall not exceed four square feet in area and five feet in
height; and
7. Official flags of a nation, the State of California, other states of the Nation, and
municipalities provided that the pole height shall not exceed 25 feet in residential
zoning districts and 35 feet in nonresidential zoning districts. The length of the flag
shall not be more than 1/4 of the height of the pole. Larger flags may be approved
subject to approval by the Director.
D. Menu boards for drive-through restaurants shall not exceed a height of six feet and shall be placed
within a landscaped area. Only two menu signs shall be allowed for each restaurant.
C. Temporary signs limited by size and period of display.
1. Real estate signs. Real estate signs offering property for sale, lease, or rent are
allowed on private property in any zoning district subject to the owner's permission
and the following limitations:
a. For single-family dwellings, one sign per street frontage not to exceed four square
feet in area and six feet in height. In addition, up to four "open house" signs not
exceeding two square feet each are allowed when a sales agent or owner is
present at the site. Signs shall be removed when the open house ends.
b. For multi -family dwellings, one sign per street frontage not to exceed 32 square
feet and six feet in height;
c. Individual commercial, office, and industrial properties not located in a
commercial center or industrial/business park, one sign per street frontage not
to exceed 16 square feet and six feet in height. Parcels with more than 200 feet of
frontage, or that have a freeway orientation, or have limited visibility due to
topographic constraints, may be allowed larger and/or higher signs subject to
approval of the Director; and
d. Individual tenant spaces within multi -tenant commercial centers, office structures
and industrial subdivisions offered for sale, rent, or lease, one sign per street
frontage not to exceed 16 square feet and six feet in height. In addition, one sign
Diamond Bar Development Code Article III -Site Planning
III -132
Hearing Draft - Revised November 18,1997
•
•
Sign Standards 22.36
for each tenant space available not to exceed six square feet to be located at the
individual tenant space for rent or lease.
e. Signs shall be removed within 10 days after sale, lease, or rental of the property.
Diamond. Bar Development Code g
n
Article III -Site Planning
Hearing Draft - Revised November 18,1997 III-lng
Sign Standards 22.36
2. Garage sale signs. Signs that announce the occurrence of a garage or
• yard sale may be allowed subject to the following limitations:
a. Signs shall not exceed three square feet in area;
b. Signs shall only be displayed during the time of the sale and shall be
promptly removed at the end of the sale; and
c. Signs shall not be placed on any public property, including properties
of public utility companies.
3. Future tenant signs_ Future tenant identification signs that announce the future use
of a project while under construction subject to compliance with the following
limitations:
a. One sign per street frontage except where a project has in excess of 500 lineal feet
of street frontage, one additional sign may be allowed;
b. Signs shall be limited to a maximum of 32 square feet and six feet in height_
Maximum 50 square feet if combined with a construction sign; and
c. Signs shall be removed upon occupancy of the site.
4. Construction signs. Signs that provide the names of the architects, engineers, and
contractors working on the site of a development project subject to compliance with
is
the following limitations:
a. One sign per street frontage not to exceed 20 square feet with a maximum height
of six feet. Maximum size of 32 square feet if combined with a future tenant sign;
and
b. Signs shall be removed upon first occupancy of the site.
22.36.060 - Comprehensive Sign Program
A. Purpose. The purpose of a Comprehensive Sign Program is to integrate a project s signs
,with the design of the structures to achieve a unified architectural statement. A
Comprehensive Sign Program provides a means for the flexible application of sign
regulations for multi -tenant projects and other users of multiple signs in order to
encourage creativity and provide incentive and latitude in the provision of multiple signs
and to achieve, not circumvent, the intent of this Chapter.
B. Comprehensive Sign Permit required.
Sig,tPermit -tvitielt may deviate front the development tandfir,
distriet in witielt the . Standards for signs provided in this Chapter shall
serve as a reference for evaluating Comprehensive Sign Permit applications.
A Comprehensive Sign Permit shall be required whenever any of the following
circumstances exist:
40 1. New multi -tenant developments of three or more separate tenants that share either the
same parcel or structure and use common access and parking facilities;
uramond bar Development Code Article III - Site Planr
Hearing Draft - November 16, 1997 III-
22.36
Sign Standards
2. Whenever five or more signs are proposed for a new or existing development;
3. Whenever wall signs are proposed on structures over two stories in height;
4. Whenever two or more signs are requested by a single tenant in an existing multi -
tenant project that currently is not covered by a Comprehensive Sign Program; and
5. Whenever the Director determines that a Comprehensive Sign Program should be
developed for a project due to special circumstances (e.g., the number or size of signs
proposed, constrained visibility of the site, location of site relative to major
transportation routes, etc.).
D. Lessees to be informed of Comprehensive Sign Program. Lessees within developments
subject to the requirements of an approved Comprehensive Sign Program shall be made
aware of the Program in their lease and their responsibility to follow the approved
Comprehensive Sign Program.
E. Findings. In approving an application for a Conditional Use Permit/Minor Conditional
Use Permit authorizing a Comprehensive Sign Program, the Commission/Zoning
Administrator shall make the following findings in addition to those required for a
Conditional Use Permit/Minor Conditional Use Permit in compliance with Chapters 22.58
and 22.56, respectively.
1. The Comprehensive Sign Program satisfies the purpose of this Chapter and the intent
of this Section;
2. The signs enhance the overall development, are in harmony with, and are visually
related to other signs included in the Comprehensive Sign Program and to the
structure and/or uses they identify, and to surrounding development;
3. The Comprehensive Sign Program accommodates future revisions which may be
required due to changes in uses or tenants; and
4. The Comprehensive Sign Program complies with the standards of this Chapter, except
that flexibility is allowed with regard to sign area, number, location, and/or height to
the extent that the Comprehensive Sign Program will enhance the overall development
and will more fully accomplish the purposes of this Chapter.
F. Revisions to Comprehensive Sign Programs. Revisions to a Comprehensive Sign
Program may be approved by the Director if it is determined that the revision is minor and
that the intent of the original approval, and any conditions attached thereto, are not
affected. For revisions that would substantially deviate from the original approval, the
Director may require that a modification to the Minor Conditional Use Permit application
be filed.
22.36.070 - Sign Design Guidelines
In determining the consistency of each proposed sign with the purposes of this Chapter, the
following guidelines shall be applied:
A. That the proposed sign will be legible to the intended audience under normal viewing
conditions, based on its proposed location, and the design of its visual element;
Diamond Bar Development Code
Hearing Draft - November 16, 1997
- Site Planning
III -134
Sign Standards
22.36
• A. That the proposed sign will be legible to the intended audience under normal viewing
conditions, based on its proposed location, and the design of its visual element;
B. That the proposed sign will not obscure from view or detract from existing signs, based
on its location, shape, color, and other similar considerations;
C. That the proposed sign will be in harmony with adjacent properties and surroundings,
based on the size, shape, height, color, placement, and the proximity of the proposed
signs to adjacent properties and surroundings;
D. That the proposed structure, sign or display will be designed, constructed, and located
so that it will not constitute a hazard to the public; and
E. That the proposed sign is not designed to be viewed from a freeway, unless specifically
provided for under the terms of this Chapter.
22.36.080 - Prohibited Signs
The following signs are inconsistent with the purposes and standards of this Chapter and are,
therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures;
0 B. Animals or human beings, live or simulated, designed or used so as to attract attention
to the premises.
C. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except
time/temperature devices and barber poles and signs or decorations commemorating a
National, State, or local holiday;
D. Banners, streamers, and pennants, except as specifically allowed by the provisions of
,12.36.120.E
E. Bench signs, except at approved bus passenger loading areas;
F. Changeable copy signs, except as approved for a civic organization/institution, place of
worship, movie theater, or gasoline pricing sign;
G. Electronic reader board signs, except time/temperature devices;
H. Inflated signs, balloons, and figures except as provided in 22.36.120.F.2.;
I. Neon signs, except as approved through a Comprehensive Sign Program;
J. Obscene or offensive signs containing statements, words, or pictures of an obscene,
indecent or immoral character which appeal to the prurient interest in sex, or which are
patently offensive and do not have serious literary, artistic, political, or scientific value;
Diamond Bar Development Code
Hearing Draft - Revised November 18,1997 Article III - Site Planning
III -135
22.36
Sign Standards
L. Painted signs on fences, walls, or roofs;
M. Portable signs, except as approved through a Comprehensive Sign Program;
N. Pole -mounted signs;
O. Price signs, except for service stations;
P. Projecting signs;
Q. Roof signs extending above the edge of the roof of a structure;
R. Signs erected in a manner that a portion of its surface or supports will interfere in any way
with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door,
stairway, or window above the first story;
S. Signs not in compliance with the provisions of this Chapter;
T. Signs emitting audible sounds, odors, or visible matter;
U. Signs that conflict with or imitate traffic control devices due to color, wording, design,
location or illumination, or that interfere with the safe and efficient flow of vehicular and/or
pedestrian traffic;
V. Signs on public property or projecting within the public right-of=way, except political signs
and signs with an encroachment permit issued by the City;
W. Strings of lights or signs outlined with individual light bulbs; and
X. ve� Signs attached to or painted on motor vehicles or trailers that areoparked on or
adjacent to property for more than 48 consecutive hours, theprincipal se of which is
to attract attention to a product sold or business located on or near the property where the
vehicle or trailer is located.
Y. Signs attached to trees.
22.36.090 - Nonconforming Signs
in ee—
t do
It is the intent of this ones o f t� Chapter is as the important as thal eprohibition ot'on of Signs
new s signs that
comply with the provisions Pt
would violate these standards.
E;I type
A.
Diamond Bar Development Code
Hearing Draft - September 1997
Article III - Site Planning
MAM
Sign Standards
22.36
C. Freeway -oriented signs. On-site freestanding siIS
gns may be putted by Conditional Use
Permit in lieu of wall signs when they are visible from and adjacent to a freeway right-of-
way in compliance with the following:
1. Signs are only for the purpose of advertising lodging accommodations,
2. It can be demonstrated that wall signage cannot be located on the building itself in a
manner that they will be visible to motorists traveling in either direction along the
freeway;
3. The highest point of a freestanding sign shall not exceed 25 feet above the height of the
freeway (excluding access ramps) as measured at the point nearest to the proposed sign;
and
4. The maximum dimensions of each sign face shall be 8 feet in height and 16 feet in width.
If the site upon which lodging accommodations are located contains businesses engaged
in the sale of food and fuel in addition to the place of lodging, these uses may also be
identified on the freeway sign provided that:
a. No more than one use of each type is identified;
b. Changeable copy signage is not allowed;
c. The maximum size permitted for the freestanding sign is not exceeded; and
0 d. No wall signs are visible from the freeway for uses identified on the freestanding
sign.
D. Marquee signs.
1. Signs shall be mounted only on the front or sides of a marquee, or suspended below.
2. Signs shall not project more than six inches from the face of a marquee.
3. Signs shall not extend above the top of a marquee.
4. A dear distance of eight feet shall be maintained from the lowest part of a suspended
sign to the ground below.
E. Neon signs and architectural lighting. The use of neon tubes for signs or architectural
elements shall be permitted in commercial zoning districts only subject to the following
requirements:
1. Neon signs and linear tubing shall be U1, (Underwriters Laboratories) listed with a
maximum 20 amps per circuit and be designed to accommodate a dimmer in order to
reduce the brightness of the neon;
Diamond Bar Development Code
Hearing Draft - September 1997 Article III - Site Planning
Ell -139
22.36
Sign Standards
2. The neon manufacturer shall be registered with Underwriters Laboratories;
3. Neon tubing shall not exceed one half inch in diameter;
4. Neon lighting adjacent to residential uses shall not exceed one half footcandle
measured at the property line;
5. Neon tubing shall not be combined with any reflective materials (e.g., mirrors, polished
metal, highly -glazed tiles, or other similar materials);
6. When used as an architectural element, neon tubing shall be used only to reinforce
specific architectural elements of the structure and shall be concealed from view
whenever possible through the use of parapets, cornices, or ledges; and
7. Neon signs hung inside a storefront window shall not occupy more than 25 percent of
the window area.
F. Temporary signs.
1. Temporary special event signs. A special event sign or banner is intended to inform
the public of a unique happening, action, purpose, or occasion, such as a grand opening
or community event, and shall comply with the following standards:
a. A business or commercial center may be allowed to display special event signs or
banners for a grand opening or similar event for fettr- six periods per calendar year
for a maximum of fig fourteen days per event, with a minimum of 30 days between
eventt, Sign area is limited to 50 square feet;
b. An organization may be allowed to display special event signs or banners in any
zoning district for a period of up to two weeks. Periods up to 60 days may be
tw the Director if the applicant provides written justification. Sign area
t,•,i to ;0 square feet. Inflatable devices shall not exceed three feet in
ds.sm,•trr -mi
C tii,t., ,,, ,•. rnt "t�;ns shall not include promotional advertising.
2. TvmFx,rar% advertising/promotional signs and devices. Temporary
l•-„m�,tional signs painted on a window or constructed of paper, cloth, or
materials, windblown devices (e.g., pennants, streamers, and
::nt..►t.ible devices subject to the following limitations:
a �n - n.t tier devices maybe displayed for a maximum of 30 days within a 90
and a maximum of 90 days per calendar year to promote a particular event,
sa;c, ur F�r,u:uct;
b. The total area of all temporary signs and banners shall not exceed 25 square feet
per business;
c. Inflatable devices are allowed on freeway oriented parcels in a commercial zoning
district. Tethered balloons and inflatable devices shall not exceed a height of 60
feet above finished grade;
Arncse in -
Diamond Sar Development c. oae
Hearing Draft - November 16, 1997
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•
CHAPTER 22.38 - TREE PRESERVATION AND PROTECTION
Sections:
22.38.010 - Purpose
22.38.020 - Applicability
22.38.030 - Protected Trees
22.38.040 - Damaging Protected Trees Prohibited
22.38.050 - Tree Removal Permit or Tree Pruning permit Required
22.38.060 - Exemptions
22.38.070 - Tree Removal in Conjunction with a Discretionary Permit
22.38.080 - Application Submittal Requirements
22.38.090 - Action on Application
22.38.100 - Conditions of Approval
22.38.110 - Findings for Approval
22.38.120 - Tagging
22.38.130 - Tree Replacement/Relocation Standards
22.38.140 - Tree Protection Requirements
22.38.150 - Post Decision Procedures
2.38.160 - Tree Replacement Fund
22.38.110 - Buyers Awareness Package
22.38.010 - Purpose
• One of Diamond Bar's most important resources is the beauty of its natural environment. Native
trees are a significant part of this environment. While impacted by development over the years,
several areas in the City still contain native oak, walnut, and riparian woodlands which support
species of trees important to our natural heritage.
Trees are an important natural resource, contributing to the environment by replenishing
oxygen and counteracting air pollution, controlling soil erosion, and providing wildlife habitat.
Trees are an aesthetic asset which provide scale, color, aroma, shade, visual buffers between land
uses, and increased property value. It is essential to the public peace, health, and welfare that
such trees be protected from random removal or cutting, especially where such trees are
associated with a proposal for development.
The General Plan, as the overall policy document for the City, requires the preservation and
maintenance of native trees including oak, walnut, sycamore, willow, naturalized California
Pepper and significant trees of cultural or historical value. The purpose ofthis Chapter is to
protect and preserve these trees and when removal is allowed as a result of new development
to require their replacement.
22-38.020 - Applicability
The provisions of this Chapter shall apply in all zoning districts to the removal, relocation or
pruning of protected trees as provided in 22.38.030 (Protected Trees). Exceptions to the
provisions of this Chapter are outlined in 22.38.060 (Exemptions).
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - September 1997 III -147
Tree Preservation and Protection
A. A protected tree is any of the following:
22.38
B. Native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a DBH
of eight inches or greater;
C. Trees of significant historical or value as designated by the Council;
D. Any tree required to be preserved or relocated as a condition of approval for a
discretionary permit;
E. Any tree required to be planted as a condition of approval for a discretionary permit; and
F. A stand of trees, the nature of which makes each tree dependent upon the others for
survival.
22.38.040 - Damaging Protected Trees Prohibited
Except as provided in 22.38.060 (Exemptions), no person shall cut, prune, remove, relocate, or
otherwise destroy a protected tree.
The topping of protected trees is prohibited. No reduction of the tree crown shall be permitted
without a Tree Pruning Permit and then only by "thinning out" selected branches in
compliance with guidelines published by the National Arborists Association.
22.38.050 - Tree Removal Permit or Tree Pruning Permit Required
No person shall remove or relocate a protected tree or develop within the protection zone of
a protected tree %% ;thout first obtaining a Tree Removal Permit from the Director. No person
shall prune a protected tree without first obtaining a Tree Pruning Permit from the Director
if branches are tLI tom, pruned that are over four inches in diameter at the point of the cut. The
maximum amrunt for the pruning of a protected tree shall be 20 percent, except for
Oak trees w h., h ,ha;; tie 10 percent.
22.38.060 - Exernphons
The fol..L'%%.n,; -h., , t -t• ekempt from the provisions of the Chapter:
ft. jrw-,wos axisting owe developed pl-ope. ty on the date of
adolphoot of this chapter, but not designated
trees -at -historic or cultural significance, and to eas
that ware :1 to be preserved, relocated, cmr
ptanted
PON
e s
A. Trexcept those designated by the City Council as
a historical or cultural tree, and trees required to be
preserved, relocated, or planted as a condition of
approval of a discretionary permit, located on all
developed properties prior to adoption of this
Development Code.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft -November 16, 1997 III -148
Tree Preservation and Protection
'3.38
• C. A tree that is so damaged, diseased or in danger of falling (as verified by an arborist) that
it cannot be effectively preserved, or its presence is a threat to other protected trees or
existing or proposed structures;
D. Trees within public rights-of-way where their removal, pruning or relocation is necessary
to obtain adequate line -of -site distances or to keep streets and sidewalks clear of
obstructions as required by the City Engineer;
E. Trees that present a dangerous condition requiring emergency action to preserve the
public health, safety and welfare as determined by the Director.
F. The maintenance of trees that interfere with a public utility's ability to protect or maintain
an electric power or communication line, or other property of a public utility; or
G. The pruning of branches not to exceed 4 inches in diameter or compensatory pruning in
compliance with guidelines published by the National Arborists Association, intended to
ensure the continued health of a protected tree.
22.38.070 - Tree Removal in Conjunction with a Discretionary Permit
When the removal or relocation of a protected tree is proposed in connection with an
application for another discretionary permit, the Director may waive the requirement of a
separate Tree Removal Permit and require necessary information to be submitted as part of
the discretionary permit application. All of the standards of this Chapter, including 22.38.130
(Tree Replacement/Relocation Standards) and 22.38.140 (Tree Protection Standards), shall
Is apply to the approval of a discretionary permit.
2238.080 - Application Submittal Requirements
A. Applications for a tree removal permit or a tree pruning permit shall be filed with the
department. The Department will consider an application complete when all necessary
application forms, materials and exhibits, as established by the department, have been
provided and accepted as adequate and all necessary fees have been paid.
:. -
BE The Director may require the submittal of an arborist report before accepting the
application for filing. Arborist reports shall be paid for by the applicant and may be
required to include specific information as required by the Director. This information may
include but is not limited to: the impact on existing trees, the health and structural stability
of existing trees and any remedial measures or mitigation recommended.
CB The Director may require additional information when deemed necessary for permit
processing. Any request for the removal or relocation of a protected tree proposed in
conjunction with an application for another discretionary permit, shall be subject to
approval by the same hearing body as the discretionary permit.
i
Diamond Bar Development Code Article III -Site Planning
Administrative Draft -November 16,1997 II1-149
Tree Preservation and Protection
22.38.090 - Action on Application
22.38
An application for a Tree Removal Permit or Tree Pruning Permit, shall be approved,
conditionally approved or denied by the Director. Where the Director finds that significant
policy questions are at issue, the Director may refer the application to the Commission for action.
If an application is denied, the reasons shall be provided to the applicant in writing.
22.38.100 - Conditions of Approval
In approving an application for a Tree Permit or Tree Pruning Permit, the Director or
Commission may require the applicant to meet certain conditions in order to secure the purpose
of this Chapter. Conditions may include, but are not limited to, measures designed to protect
and preserve protected trees remaining on the site and the restoration of protected trees
removed from the site.
22.38.110 - Findings for Approval
In order to approve an application for a Tree Permit or Tree Pruning Permit, it shall be necessary
that one or more of the following findings be made, otherwise the application shall be denied:
A. The tree is so poorly formed due to stunted growth that its preservation would not result
in any substantial benefits to the community,
B. The tree interferes with utility services, or streets and highways, either within or outside of
the subject property, and no reasonable alternative exists other than removal or pruning of
the tree(s);
C. The tree is a potential public health and safety hazard due to the risk of it falling and its
structural instability cannot be remediated;
D. The tree is a public nuisance by causing damage to improvements, (e.g. building
foundations, retaining walls, roadways/driveways, patios, and decks);
E. The tree is host to an organism which is parasitic to another species of tree which is in
danger of being exterminated by the parasite;
F. The tree belongs to a species which is known to be a pyrophitic or highly flammable and has
been identified as a public safety hazard; and
G. Preservation of the tree is not feasible and would compromise the property owner's
reasonable use and enjoyment of property or surrounding land and appropriate mitigation
measures will be implemented in compliance with 22.38.130 (Tree Replacement/Relocation
Standards) below.
22.38.120 - Tagging
In the process of preparing a Tree Report, each tree is required to be physically marked for
identification by consecutively numbered tags. The following method of tagging shall be used
to identify and locate applicable trees:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft -September 1997 M-150
Standards for Specific Land Uses
22.42
• 22.42.120 - Secondary Housing Units
T.! ds Subsection provides standards for the establishment of secondary residential units.
A. Minor Conditional Use Permit required. Secondary residential units may be allowed in the
zoning districts specified in 22.08.030 (Residential District Land Uses and Permit
Requirements) subject to the approval of a Minor Conditional Use Permit (22.56) and in
compliance with this Subsection. The applicant shall be the owner and resident of the main
dwelling.
B. Number of secondary units allowed. Only one secondary dwelling unit shall be allowed
on a single-family parcel.
C. Site requirements. A parcel proposed for a secondary dwelling unit shall comply with all
the following requirements:
1. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet,
a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet,
exclusively for the secondary unit; and
2. The parcel shall be developed with only one existing owner occupied single-family
detached main dwelling unit.
• D. Location of secondary unit. A secondary dwelling unit may be within, attached to, or
detached from the existing main dwelling unit. If detached, the secondary unit shall be
separated from the main dwelling unit a minimum of 10 feet.
E. Design standards. A secondary dwelling unit shall:
1. Have a floor area not exceeding 30 percent of the existing living area of the main
dwelling for an attached unit, or 1,200 square feet of floor area for a detached unit;
2. Be architecturally compatible with the main dwelling unit,
3. Comply with height and setback requirements for the main dwelling;
4. Contain separate kitchen and bathroom facilities and have a separate entrance from the
main dwelling.
F. Parking. The secondary dwelling unit shall be provided one covered off-street parking
space in a carport or garage, in addition to that required for the main dwelling unit, in
compliance with 22.30 (Off -Street Parking and Loading Standards).
G. Rental of unit. A secondary dwelling unit may be rented, although rental is not required.
H. Required findings for approval. The following findings shall be made, in addition to those
in 22.56.040 (Findings and Decision), to approve a Minor Conditional Use Permit for a
secondary dwelling unit:
Diamond Bar Develo:.iment Code g
Article III -Site Plannin
Administrative Draft - September 1997 IIInin
Standards for Specific Land Uses
22.42
I. 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 second dwelling unit and such kitchens shall not be so located as to facilitate the establishment of
a second independent dwelling including a servant's quarters.
Diamond Bar Development Code Artide III - Site Planning
Administrative Draft - Revised November 18, 1997 III -179a
•
C7
Standards for Specific Land Uses
22.42
1. The secondary dwelling unit is compatible with the design of the main dwelling unit
and the surrounding neighborhood in terms of scale, exterior treatment, height,
setbacks and landscaping, and will not cause excessive noise, traffic, or other
disturbances to the existing residential neighborhood, or result in significantly
adverse effects on public services and resources; and
2. The secondary dwelling unit will not contribute to a high concentration of these units
sufficient to change the character of the surrounding residential neighborhood.
22.42.130 - Telecommunications Facilities
Telecommunications facilities shall be permitted pursuant to the standards contained within Ordinance
No. 4-A (1991)
Diamond Bar Development Code Article III -Site Planning
Administrative Draft -Revised November 18, 1997 III -180
A. Adult-oriented business. "Adult oriented business" means any of the following:
1. Adult-oriented arcade. An "adult -oriented arcade" is an establishment where, for
any form of consideration, as a regular and substantial course of conduct one or
• more still or motion picture projectors, or similar machines, for viewing by five (5)
or fewer persons each, are used to show films, computer generated images,
motion pictures, video cassettes, slides or other photographic reproductions that
are characterized by an emphasis upon specified sexual activities or the exposure
of specified anatomical areas.
Adult oriented bookstore, adult oriented novelty store, adult oriented video store.
An "adult-oriented bookstore", "adult oriented novelty store", or "adult oriented
video store", is an establishment which as a regular and substantial course of
conduct offers for sale, rent, or viewing for any form of consideration either
sexually oriented material, sexually oriented merchandise, or both.
3. Adult-oriented cabaret. A "adult-oriented cabaret" is an establishment which
serves food or beverages and which, for any form of consideration, as a regular
and substantial course of conduct presents live performances that either (i) are
characterized by specified sexual activities; or (ii) feature any semi-nude person.
4. Adult-oriented hotellmotel. An "Adult-oriented hotellmotel" is a hotel, motel or
similar establishment offering public accommodations for any form of
consideration which either:
a. (1) Provides patrons with closed-circuit television transmissions, films,
motion pictures, videos, slides or other photographic or electronic
reproductions that are characterized by an emphasis upon specified
sexual activities or the exposure of specified anatomical areas; and (ii)
advertises the availability of such material by means of a sign visible
from the public right-of-way, or by means of any off -premises advertising
including but not limited to newspapers, magazines, pamphlets, leaflets,
radio or television.
b. Rents, leases or lets any single guest room for less than any ten (10)
hour period.
C. Rents, leases or lets any single guest room more than twice in any
twenty-four(24) hour period;
Allows a tenant or occupant to sub -rent a guest room for a time period
less than ten (10) hours.
5. Adult-oriented motion picture theater. An "Adult-oriented motion picture theater"
is an establishment which, for any form of consideration, as a regular and
substantial course of conduct offers to show films, computer-generated images,
motion picture, video cassettes, slides, or other photographic reproductions that
are characterized by an emphasis upon specified sexual activities or the exposure
of specified anatomical areas.
6. Adult-oriented theater. An "adult-oriented theater' is an establishment which, for
• any form of consideration, as a regular and substantial course of conduct
Diamond Bar Development Code Article VI Development Code Definitions
Hearing Draft - November 18, 1997 VI- 3a
presents live performances that either: (i) are characterized by specified sexual
activities; or (ii) feature any semi-nude person.
7. Modeling studio. A "modeling studio" is an establishment which provides, for any
form of consideration, semi-nude figure models or figure models who expose
specified anatomical areas for the purpose of observation, sketching,
photography, painting, sculpting or other depiction by persons paying such
consideration. This definition shall not include the following: (i) schools
maintained pursuant to standards set by the State Board of Education; and (ii)
schools maintained by an individual artist or group of artists, and which do not
provide, permit, or make available specified sexual activities.
8. Sexual encounter center. A "sexual encounter center" is a business, agency or
person that, for any consideration or gratuity, provides a place where three or
more persons, not all members of the same family, may congregate, assemble or
associate for the purpose of engaging in specified sexual activities or exposing
specified anatomical areas.
9. Any establishment which, for any form of consideration, as a regular and
substantial portion of business offers to its patrons products, merchandise,
services or entertainment that are distinguished or characterized by an emphasis
on specified sexual activities or the exposure of specified anatomical areas.
B. Sexually oriented material. "Sexually oriented material' means any book, periodical,
magazine, photograph, drawing, sculpture, motion -picture film, videotape recording, or
other visual representation, which is characterized by specified sexual activities or the
exposure of specified anatomical areas.
C. Sexually oriented merchandise. "Sexually oriented merchandise" means sexually oriented
implements or paraphernalia, such as, but not limited to: dildos; auto sucks; sexually
oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons
with orifices; simulated vaginas and similar sexually oriented devices which are designed
or marketed primarily for the stimulation of human genital organs or sadomasochistic
activity.
D. Entertainer. "Entertainer" means a person who, for any form of consideration, performs at
an adult-oriented business. Such persons shall constitute "entertainers" regardless of
their legal relationship (e.g., employee, owner or independent contractor) with the sexually
oriented business.
E. Owner. "Owner" means the following: (i) the sole proprietor of an adult-oriented business;
(ii) any general partner of a partnership which owns and operates a sexually oriented
business; (iii) the owner of a controlling interest in a corporation which owns and
operates a sexually oriented business; and (iv) the person designated by the officers of a
corporation to be the permit holder for a sexually oriented business owned and operated by
the corporation.
F. Perform at a sexually oriented business. "Perform at a sexually oriented business: means
to engage in or participate in any live performance at a sexually oriented business that
either: (i) is characterized by an emphasis upon specified sexual activities; or (ii) features
any semi-nude person.
Diamond Bar Development Code Article VI Development Code Definitions
Hearing Draft - November 18, 1997 VI- 3b
G. Regular and substantial course of conduct and regular and substantial portion of business.
"Regular and substantial course of conduct" and "regular and substantial portion of
business" means that any of the following conditions exist:
is1. At least twenty percent (201/6) of the stock -in -trade is devoted to sexually oriented
material, sexually oriented merchandise, or both; provided, however, that this
criteria shall not apply to mail order businesses or wholesale businesses with no .
patrons on the premises.
2. At least twenty percent (20%) of the total display area is devoted to sexually
oriented material, sexually oriented merchandise, or both; provided, however, that
this criteria shall not apply to mail order businesses or wholesale businesses with
no patrons on the premises.
3. The business presents any type of entertainment, live or otherwise, characterized
by an emphasis on specified sexual activities or featuring any semi-nude person
on any four (4) or more separate days within any thirty (30) day period.
4. At least twenty percent (201/o) of the gross receipts of the business are derived
from the sale, trade, rental, display or presentation of services, products,
materials or entertainment which is characterized by an emphasis on specified
sexual activities or the exposure of specified anatomical areas.
H. Religious institution. "Religious institution" means a structure which is used primarily for
religious worship and related religious activities.
I. School. "School" means (i) any child- or day-care facility; and (ii) any institution of
• learning for minors, whether public or private, offering instruction in the courses of study
required by the California Education Code and maintained pursuant to standards set by the
State Board of Education. This definition includes a nursery school, kindergarten,
elementary school, middle or junior high school, senior high school, or any special
institution of education, but it does not include a vocational or professional institution of
higher education, including a community or junior college, college or university.
J. Semi-nude. "Semi-nude" means a state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions
of the body covered by supporting straps or devices.
N. Specified Anatomical Areas. "Specified anatomical areas" means the following:
1. Less than completely and opaquely covered human (i) genitals or pubic region; (ii)
buttocks; and (iii) female breast below a point immediately above the top of the
areola;
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered;
3. Any device, costume or covering that simulates any of the body parts included in
subparagraphs (1) or (2) above.
isL. Specified Sexual Activities. "Specified sexual activities" means the following, whether
Diamond Bar Development Code Article VI Development Code Definitions
Hearing Draft - November 18, 1997 VI- 3c
performed directly or indirectly through clothing or other covering:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus, or female breast;
2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Excretory functions as part of, or in connection with, any of the other activities
described in subparagraphs (1) through (3) of this paragraph.
M. Substantially enlarged. "Substantially enlarged" means the increase in floor area occupied
by a sexually oriented business by more than ten percent (10%) of its floor area as it
existed at the time a sexually oriented business permit was issued for the business.
Diamond Bar Development Code Article VI Development Code Definitions
Hearing Draft - November 18, 1997 VI- 3d
Definitions
A
4. Antenna, Whip. An antenna that transmits signals in 360 degrees. These are typically
cylindrical in shape and are less than six inches in diameter. Also called
omnidirectional, stick or pipe antennas.
Approval. Includes both approval and approval with conditions.
Arborist. 1) A person currently certified by the Western Chapter of the International
Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who
satisfies the requirements of the American Society of Consulting Arborists; or 3) such other
qualified professionals who the Director determines has gained through experience the
qualifications to identify, remove or replace trees.
Arborist report. A report prepared by an arborist for: the potential impact of development
on existing trees; the current health and/or structural stability of existing trees; the
restorative or remedial measures for mitigation of potential or actual development impacts
to existing trees, and the probability of long-term success of replacement trees.
Architectural Projection. A building feature that is mounted on, and/or extends from, the
surface of a building wall or facade, typically above ground level. Examples of architectural
projections include balconies, bay windows, lighting fixtures, etc.
Art, Antique, Collectible and Gift Sales. Retail sales use including antique shops, art
galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports
cards and comic books. Stores selling handcrafted items that are produced on the site are
instead defined as "Artisan Shops."
Artisan Shops. Retail stores selling art glass, ceramics, jewelry, and other handcrafted
items, where the facility includes an area for the crafting of the items being sold.
Auto and Vehicle Sales/Rental. Retail establishments selling, leasing, and/or renting
automobiles, trucks and vans. May also include repair shops and the sales of parts and
accessories incidental to vehicle dealerships. Does not include: the sale of auto
parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and
moped sales (see "General Retail Stores"); tire recapping establishments (see "Vehicle
Services"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and
Dismantling Yards"); or "Service Stations," which are separately defined.
Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also
include minor parts installation (see "Vehicle Services"). Does not include fire recapping
establishments, which are found under "Vehicle Services" or businesses dealing exclusively
in used parts, which are included under "Recycling - Scrap and Dismantling Yards."
Automated Teller Machine (ATM). Computerized, self-service machines used by banking
customers for financial transactions, including deposits, withdrawals and fund transfers,
without contact with financial institution personnel. The machines may be located at or
within banks, or in other locations.
Automobile Repair. See "Vehicle Services."
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - September 1997 VI -5
Definitions A
Automobile Dismantling Yard. See "Recycling - Scrap, and Dismantling Yards."
Average Slope. See "Slope.
B. Definitions, "B." The following definitions are in alphabetical order.
Bakery, Retail. A retail business specializing in the sale of baked goods (breads, cakes,
cookies, donuts, etc.), where any products prepared from raw materials and baked on the
site are primarily sold on the site.
Balcony. Outdoor living space located on the second or higher floor of a building,
enclosed by a railing or other safety barrier.
Banks and Financial Services. Financial institutions including:
banks and trust companies securities/commodity contract brokers
credit agencies and dealers
holding (but not primarily operating) companies security and commodity exchanges
lending and thrift institutions vehicle finance (equity) leasing agencies
other investment companies
See also, "Automated Teller Machine," above.
Bars and [Fight Clubs. Bt.tsinesses which are not part of a larger restaurant, where
alcoholic bcverages are sold for on-site consumption. This definition includes bars,
taverns, pubs, and similar establishments where any food service is secondary to the main
purpose of alcoholic beverage sales. May include entertainment (e.g., live music and/or
dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and
other beverage and tasting facilities.
Basement Non-Fiahitable space within a structure where less than one half of the distance
from its tutor Ilk, cr;,:ng is below grade. See also "Cellar."
Bay Window A %, :ndow and related structure which extends outward from an exterior
build:ni; thereby forms an alcove in the adjoining interior space.
Broadcast ng '-t LJdl( IS Commercial and public communications uses including radio and
teleyi,wn t,ro.io i.ttng and receiving stations and studios, with facilities entirely within
builr.:nc, r.:r.,m,.ion and receiving apparatus, including antennas and towers, are
includes: un.:rr thr definition of "Telecommunications Facilities."
Building. an% ,tructure used or intended for supporting or sheltering any use or
occupancy.
Building frontage. That building elevation which fronts on a public street, pubic parking
lot, private parking lot available to the general public, or pedestrian walk where customer
access to a structure is available.
Building Material Stores. Retail establishments selling lumber and other large building
materials, where most display and sales occur indoors. Includes paint, wallpaper, glass,
fixtures, nursery stock, lawn and garden supplies. Includes all these stores selling to the
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - November 16,1997 VI -6
0
Definitions B
Building Material Stores. Retail establishments selling lumber and other large building
materials, where most display and sales occur indoors. Includes paint, wallpaper, glass,
fixtures, nursery stock, lawn and garden supplies. Includes all these stores selling to the
general public, even if contractor sales account for a major proportion of total sales.
Includes incidental retail ready -mix concrete operations, except where excluded by a
specific zoning district. Establishments primarily selling electrical, plumbing, heating, and
air conditioning equipment and supplies are classified in "Warehousing and Distribution."
Hardware stores are listed in the definition of "General Retail Stores," even if they sell some
building materials.
Building Official. The City of Diamond Bar employee designated by the Community
Development Director as the Building Official.
Business frontage. That portion of a building frontage occupied by a single business tenant
having a public entrance within the building frontage.
Business Support Services. Establishments primarily within buildings, providing other
businesses with services including maintenance, repair and service, testing, rental, etc., also
includes:
blueprinting
business equipment repair services (except vehicle
repair, see "Vehicle Services')
commercial art and design (production)
computer-related services (rental, repair)
copying, quick printing, and blueprinting services
equipment rental businesses within buildings (rental
yards are under 'Equipment Rental")
film processing laboratories
heavy equipment repair services where repair
occurs on the client site
janitorial services
mail advertising services (reproduction and
shipping)
other 'heavy service' business services
outdoor advertising services
photocopying
photofinishing
Protective services (other than office related)
soils and materials testing laboratories
window cleaning
Buspool. A vehicle carrying 16 or moie passengers commuting on a regular basis to and
from work with a fixed route, according to a fixed schedule.
Diamond Bar Develcpment Code Article VI - Development Code Definitions
Hearing Draft - September 1997 VI -7
C
Definitions
C. Definitions, "C." The following definitions are in alphabetical order.
Cabinet Shop. See "Furniture and Fixtures Manufacturing."
California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21000 et seq.
Car Washes. Permanent, self-service and/or attended car washing establishments,
including fully mechanized facilities. May include detailing services. Temporary car
washes are fund-raising activities, typically conducted at a service station or other
automotive -related business, where volunteers wash vehicles by hand, and the duration
of the event is limited to one day. See 22.50 (Temporary Use Permits).
Carpool. Two to six persons traveling together in a single vehicle.
Carport. See "Garage, or Carport."
Cellar. Non- Habitable space within a structure where one half or more of the distance
from its floor to ceiling is below grade. See also "Basement."
Certified Farmers' Market_ The temporary use of a site for the outdoor sales of food and
farm produce items from vehicles, in compliance with California Food and Agriculture
Code Sections 1392 et seq.
Chemical Product Manufacturing. Manufacturing facilities that produce or use basic
chemicals, and other establishments creating products predominantly by chemical
processes. Facilities included in this definition manufacture three general classes of
products:
1. Basic chemicals, including acids, alkalies, salts, and organic chemicals;
2. Chemical products to be used in further manufacture, including synthetic fibers,
plastic materials, dry colors, and pigments; and
3. Finished chemical products to be used for ultimate consumption, including drugs,
cosmetics, and soaps; or to be used as materials or supplies in other industries
including paints, fertilizers, and explosives.
Also includes sales and transportation establishments handling the chemicals described
above in other than one of the uses listed under Retail Trade Uses in Article Il (Zoning
Districts and Allowable Land Uses).
Child Day Care Facilities. Facilities that provide nonmedical care and. supervision of
minor children for periods of less than 24 hours. These facilities include the following, all
of which are required to be licensed by the California State Department of Social Services:
1. Child Day Care Center. Commercial or non-profit child day care facilities designed
and approved to accommodate 15 or more children. Includes infant centers,
preschools, sick -child centers, and school-age day care facilities. These may be
operated in conjunction with a school or church facility, or as an independent land use.
Diamond Bar Development Code Article VI - Development Code Definitions
VI -8
Hearing Draft - November 16,1997
•
11
•
Definitions
G
G. Definitions, "G." The following definitions are in alphabetical order.
Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where
the size of the parking space complies with the provisions of 22.30 (Off -Street Parking and
Loading Standards)_
1. A garage is an attached or detached accessory structure with a door, enclosed on at
least three sides.
2. A carport is an attached or detached accessory structure enclosed on no more than
two sides.
General Plan. The City of Diamond Bar General Plan, including all elements thereof and
all amendments thereto, as adopted by the City Council under the provisions of
Government Code Sections 65300 et seq., and referred to in this Development Code as the
"General Plan."
General Retail Stores. Stores and shops selling many lines of merchandise. These stores
and lines of merchandise include:
artists' supplies
bakeries (retail only)
bicycles
books
cameras and photographic supplies
clothing and accessories
department stores
drug and discount stores
drygoods
fabrics and sewing supplies
florists and houseplant stores (indoor sales
only—outdoor sales are "Plant Nurseries")
general stores
hardware
hobby materials
jewelry
luggage and leather goods
musical instruments, parts and accessories
newsstands
orthopedic supplies
pet stores
religious goods
small wares
specialty shops
sporting goods and equipment
stationery
toys and games
variety stores
Glass Product Manufacturing. Manufacturing establishments producing flat glass and
other glass products which are pressed, blown, or shaped from glass produced in the same
establishment. Does not include artisan and craftsman type operations of a larger scale
than home occupations; see "Handcraft Industries and Small Scale Manufacturing."
Grade. The ground surface immediately adjacent to the exterior base of a structure,
typically used as the basis for measurement of the height of the structure.
1'-2Existing or natural grade. The contour of the ground surface before grading.
23. Finish grade. The final contour of the ground surface of a site that conforms to the
approved grading plan.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - November 16, 1997 VI -19
Definitions
G
3� Natural grade. The elevation of the ground level in its natural state before grading,
filling or construction.
4i. Street grade. The elevation of the centerline of the street adjacent to the site proposed
for development.
Highest point where ® Height
exterior walls touch the100,® Limit'
natural grade
Average 85'
70'
Lowest point where
exterior walls touch th
natural grade Natural Grade
Figure 6-2
AVERAGE GRADE
Grading. To bring an existing surface to a designed form by excavating, filling, or
smoothing operations.
1. Conventional grading. See Figure 6-3.
a. Conventionally graded slopes are characterized by essentially linear, flat slope
surfaces with unvarying gradients and angular slope intersections. Resultant pad
configurations are rectangular.
b. Slope drainage devices are usually constructed in a rectilinear configuration in
exposed positions.
c. Landscaping is applied in random or geometric patterns.
2. Contour grading. See Figure 6-4.
a. Contour -graded slopes are basically similar to conventionally graded slopes
except that in plan the slopes are curvilinear rather than linear, the gradients are
unvarying and profiles are planar, transition zones and slope intersections have
generally some rounding applied. Resultant pad configurations are mildly
curvilinear.
b. Slope drainage devices are usually constructed in a geometric configuration and
in an exposed position on the slope face.
Diamond Bar Development Code Article VI - Development Code Definitions
VI -20
Hearing Draft - November 16, 1997
RESOLUTION NO. 97 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ADOPT A RESOLUTION ESTABLISHING
CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S
DEVELOPMENT CODE.
A. RECITALS.
1. On •April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications within the City of
Diamond Bar.
2. , On July 25, 1995, the City of Diamond Bar adopted its
General Plan. The General Plan establishes goals,
objectives and strategies to implement the community's
vision for its future. This vision includes the
promotion of land uses which exhibit a high level of
aesthetic and functional quality which complements and
adds to the physical and social character of the City.
3. The City of Diamond Bar has determined that the existing
zoning and development standards contained within the
County of Los Angeles Planning and Zoning Code (Title 22
of the Municipal Code) fails to provide the adequate
guideance needed to achieve the quality of development
envisioned by the General Plan.
4. The Planning Commission of the City of Diamond Bar on
September 9, 1997, September 23, 1997, October 14, 1997,
October 27, 1997, November 12, 1997 and November 25, 1997
conducted duly noticed public hearings with regard to the
Diamond Bar Draft Citywide Design Guidelines.
5. The Planning Commission has reviewed the Draft Diamond
Bar Citywide Design Guidelines and after due
consideration of public testimony, staff analysis and the
Commission's deliberations has determined that the Draft
Citywide Design Guidelines attached hereto as Exhibit "A"
and incorporated by reference into this Resolution
satisfy and exemplify the aesthetic goals and needs of
the community. The Planning Commission has duly
considered the issues related to Draft Citywide Design
Guidelines so as to provide maximum benefit to the City.
6. All legal prerequisites to the adoption of this
resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
follows:
1. 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 recommends that the
City Council adopt the draft Citywide Design
Guidelines for the City of Diamond Bar attached
hereto as Exhibit "A."
3. The Planning Commission hereby determines that there
is no substantial evidence that the draft Design
Guidelines as a part of the Development Code will
have a significant effect on the environment and
therefore a Negative Declaration (ND 97-3) has been
prepared, pursuant to the requirements of the
California Environmental Quality Act of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to section 15070 of Article 19 of Chapter
3 of Division 13 of Title 14 of the California Code
of Regulations.
4. The Planning Commission hereby specifically finds
and determines that, having considered the record as
a whole including the findings set forth below,
there is no evidence before this Planning Commission
that the Citywide Design Guidelines proposed herein
will have the potential of an adverse effect on
wildlife resources or the habitat upon which the
wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section
753.5 (d) of Title 14 of the California Code of
Regulations.
5. The Planning Commission finds and determines that
the Citywide Design Guidelines are consistent with
and implements the specific goals, objectives and
strategies of the City of Diamond Bar f enneraloPlan,
addressing the aesthetic quality o
within the City.
The Secretary of the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Transmit a certified copy of this resolution to the City
2
Council forthwith.
APPROVED AND ADOPTED THIS 25TH DAY OF NOVEMBER,
1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Ruzicka, Chairman
I, 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 25TH
day of November 1997, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
3
RESOLUTION NO. 97 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ADOPT AN ORDINANCE ESTABLISHING
DETAILED ZONING AND LAND USE REGULATIONS AND
DEVELOPMENT STANDARDS (CASE NO. ZCA 97-1) AND NEGATIVE
DECLARATION (ND) 97-3
A. RECITALS.
1. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 22 of
the Los Angeles County Code contains the Planning and
Zoning Code of the County of Los Angeles now currently
applicable to development applications within the City of
Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. The General Plan establishes goals,
objectives and strategies to implement the community's
vision for its future.
3. The City of Diamond Bar has determined that the existing
zoning and development standards contained within the
County of Los Angeles Planning and Zoning Code are
outdated and ill-suited to meet the City's needs in terms .
of the type and quality of development envisioned by the
General Plan.
4. The Planning Commission of the City of Diamond Bar
conducted duly noticed public hearings with regard to the
Draft Diamond Bar Development Code. The public hearings
were held on July 22, July 29, August 5, August 12,
August 19, August 26, September 2, September 6, and
September 9, 1997, September 23, 1997, October 14, 1997,
October 27, 1997, November 12, 1997 and November 25,
1997.
5. The Planning Commission considered, individually and
collectively, the six draft articles comprising the City
of Diamond Bar's Draft Development Code. The Draft
Development Code established under. the authority of
Government Code Section 65850 includes six articles,
specifically:
I. Purpose and Applicability of the Development Code;
II. Zoning Districts and Allowable Land Uses;
III. Site Planning and General Development Standards;
1
IV. Land Use and Development Permit Procedures;
V. Development Code Administration;
VI. Definitions.
The Draft Development Code shall hereby supersede Title
22 of the Los Angeles County. Code now applicable to
development applications within the City of Diamond Bar
and revises and codifies the following: Ordinance No. 1
(1993) Trip Reduction and Travel Demand Measures;
Ordinance No 2 (1994) Property Maintenance Standards;
Ordinance No. 5 (1990) Development Review; Ordinance 5A
(1991) Signage; Ordinance No. 6 (1992) Commercial
Manufacturing Zone; Ordinance No. 7 (1992) Hillside
Management; Ordinance No. 32 (1989) Sideyard Setback
Requirements; Resolution No 92-66 Water Efficient
Landscape Regulations, and updates the Diamond Bar City
Code, Title 8, Chapter 8.12 Division 3, Noise Control.
The Draft Development Code shall also incorporate by
reference the County of Los Angeles Zoning Map and City
of Diamond Zoning Consistency Matrix which shall be in
effect during the interim period between the adoption of
the Development Code and adoption of a revised Diamond
Bar Zoning Map. The Zoning Consistency Matrix
establishes equivalencies between the City's existing
zoning designations and the applicable zoning standards
within the Development Code.
6. The Planning Commission, after due consideration of
public testimony, staff analysis and the Commission's
deliberations has determined that the Draft Development
Code attached hereto as Exhibit "A" and incorporated by
reference into this Resolution implements the goals,
objectives and strategies of the General Plan. The
Planning Commission has duly considered these issues so
as to meet the City's needs in terms of the type of
development envisioned by the General Plan.
7. All legal prerequisites to the adoption of this
resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
follows:
1. 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 recommends that the
City Council adopt the Draft Development' Code for
the City of Diamond Bar and the Zoning Consistency
Matrix attached hereto as Exhibit "A" and
incorporated herein by reference.
3. The Planning Commission hereby determines that there
is no . substantial evidence that the Draft
Development Code will have a significant effect on
the environment and therefore a Negative Declaration
(ND 97-3) has been prepared, pursuant to the
requirements of the California Environmental
Quality Act of 1970, as amended, and the guidelines
promulgated thereunder, pursuant to Section 15070 of
Article 19 of Chapter 3 of Division 13 of Title 14
of the California Code of Regulations.
4. The Planning Commission hereby specifically finds
and determines that, having considered the record as
a whole including the findings set forth below,
there is no evidence before this Planning Commission
that the Development Code proposed herein will have
the potential of an adverse effect on wildlife
resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of
adverse effects contained in Section 753.5 (d) of
Title 14 of the California Code of Regulations.
5. The Planning Commission finds and determines that
the Development Code is consistent with and
implements the goals, objectives and strategies of
the City of Diamond Bar General Plan.
The Secretary of the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Transmit a certified copy of this resolution to the City
Council forthwith.
APPROVED AND ADOPTED THIS 25TH DAY OF NOVEMBER,
1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Ruzicka, Chairman
I, 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 25TH
day of November 1997, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
6) The spatial relationships between the building should provide for
and promote pedestrian access and movement in an environment
that reflects a human scale.
7) Use the space between buildings. Recognize the importance of
spaces between buildings as "outdoor rooms" on the site. These
spaces should have clear, useable shapes that are not simply left
over areas between buildings.
8) Developments should be convenient to and accessible by persons
with physical limitations and disabilities.
9) Developments should derive their basic ordering from the geometry
of city streets and the north/south, east/west orientation it implies.
This will assist the ready comprehensibility of the city. Individual
projects should relate to existing streets, except where creative
design establishes a more successful relationship to new streets,
pedestrian walkways, or major open spaces.
10)Sites should be planned to respect existing natural and manmade
landmarks and to create landmarks for the ease of public
recognition.
1 1)Service and loading areas should be located to the rear of
buildings.
12)Loading areas, access and circulation driveways, trash and storage
areas, and rooftop equipment should be located as far as possible
from adjacent residences and camouflaged where possible.
c;ood rooftop equipment screening solurlon
7
Wv—
oil
to
!,,..
c;ood rooftop equipment screening solurlon
7
t
A. SITE PLANNING (cont.)
13) Provide for clusters of buildings with protected indoor or plazaiopen areas within
commercial and office projects to promote protection from wind and sun.
14) Use appropriate building shapes and locations in order to promote maximum feasible
solar access of individual units.
7a
A
B. ARCHITECTURE
Architecture
refers
to the appearance
of the outside of the building,
focusing on
how
the shapes of the
buildings, construction materials,
color and
other
features combine
to enhance the design and
appearance
of the
building's exterior.
1) Building design should reflect long term traditional values and
should relate to the community character. Fantasy themes in both
design and color should be avoided.
2) Building design should be responsive to the existing context -
including historical patterns and cultural expectations.
3) The scale of the building should be consistent throughout the
development. Where anchor or major tenants require . larger
building areas, the larger scale of these units shall be broken
down into units comparable to the predominant unit in the
development.
4) Buildings should reflect a sense of balance and proportion common
to the architectural style being used in both exterior forms such as
building massing and roof design and the placement of internal
elements such as windows, doors and pedestrian amenities.
5) A large structure should contain elements which transition to the
human scale, particularly near the ground.
6) The architectural treatment of buildings should extend to all visible
sides.
7) Small plaza areas, arbor -like facilities, courtyards, atriums and
outdoor gathering and eating areas are desirable because they
create focal points and a pedestrian focus which in turn creates a
sense of a community gathering place within the commercial
center.
0
I
should generally not meet or change without some physical change
or definition.
24)To promote a pedestrian scale, storefront openings should not
exceed 30 feet in width without the interruption of a vertical
building element, such as a column or wall. Openings over 30
feet are acceptable, but should define how they achieve pedestrian
scale and avoid monument scale.
25)Articulation and accent color for identity and interest is a
recommended treatment for the building entrance.
26)Storefront windows are encouraged to be recessed a minimum of
6 inches from the building face while 6 to 12 inches is preferable.
Flat building faces/storefronts can be permitted if other elements of
the building provide necessary architectural articulation that can
offset the static sameness of the flat building face/storefront.
27)Overhangs, trellises, projections, reveals, and awnings contribute to
the character of the building and create shadow patterns while
aiding in climate control, and are encouraaeri_
28)Roof forms and mates
overall design theme of the building.
:ally consistent with the
29)The materials and architectural details of a building should relate
to each other in ways that are traditional and/or logical. For
example, heavy materials should appear to support lighter materials.
30)Roof drains should be designed as an integral part of the structure
and should not be exposed on building exteriors facing public
streets and parking lots.
31)Decorative roof elements should not be used only in the most
visible locations, but should continue all the way around the
building. Roof elements should be combined with wall elements
which work together to unify all sides of the building.
12
B. ARCHITECTURE (cont.)
32) Design individual buildings to maximize natural internal lighting through, interior court
areas, skylights, clerestrory windows, and energy
33) Orient the maximum amount of glass possible toward the south, the side with the
greatest amount of solar collection (heat gain potential) in combination with other
measures for shading to mitigate against summer heat.
33) Use canopies and overhangs to provide shade to windows during summers months, while
allowing for reflection of direct sunlight through the windows during winter months
(care should be taken to assure the overhangs and canopies do not prevent sufficient
light for daytime purposes.
12a
CITY OF DIAMOND' BAR
INTEROFFICE MEMORANDUM
TO: CHAIRMAN AND PLANNING COMMISSION
FROM: CATHERINE JOHNSON, SENIOR PLANNER GT
SUBJECT: HEARING DRAFT DEVELOPMENT CODE
DATE: NOVEMBER 24, 1997
Attached is a copy of the Zoning Consistency Matrix, which was
previously included within the September 23, 1997 packet as part of
the resolutions for the Development Code. As stated in the
resolution, the Development Code incorporates this matrix by
reference. The Matrix will be in effect during the interim period
between the adoption of the Development Code and adoption of a
revised Diamond Bar Zoning Map. This matrix establishes
equivalencies between the City's existing zoning designations and the
applicable zoning standards within the Development Code.
Also attached is a revised version of page II -22, which was not
included within the packet. This page replaces the existing page and
is ready to insert within the Development Code.
ATTACHMENTS:
Zoning Consistency Matrix
Article II, pg. II -22
cj/c:pcmel 124
ZONING CONSISTENCY MATRIX
The following matrix establishes equivalent Development Code
standards for the City's existing zoning districts. This matrix will be
in effect until a revised zoning map is adopted. Please note that all
land uses and development proposals must be consistent with the.
property's General Plan land use designation.
GENERAL PLAN EXISTING ZONING
DESIGNATION DISTFJCT
AGRICULTURE (AG) LIGHT AGRICULTURE A-1
(MAX 1/DU AC) HEAVY AGRICULTURE
A-2
RURAL RESIDENTIAL MR) IMAX I R-1 40,0000
1 DU AC) RPD 20 000
LOW DENSITY I
(MAX 3 DU/AC)
LOW MEDIUM RESIDENTIAL
(RLM)
(MAX 5 DU/AC)
MEDIUM DENSITY RESIDENTIAL 1 8-3 UP TO 12 U
(RM)
12 DU/AC
MEDIUM HIGH DENSITY
RESIDENTIAL
(RMH) 16 OU/AC
HIGH DENSITY RESIDENTIAL
(RH)
20 DU/AC
GENERAL COMMERCIAL (C)
(MAX 1.0 FAR)
GENERAL COMMERCIAL (C)
(MAX 1.0 FAR)
GENERAL COMMERCIAL (C)
(MAX 1.0 FAR)
OFFICE PROFESSIONAL (OP)
IMAX 1.0 FAR)
LIGHT INDUSTRIAL (1)
(MAX 1.0 FAR)
OPEN SPACE
R-3 UP TO 16 U
R-3, R-3 TO 20 U
COMMERCIAL PLANNED
DEVELOPMENT (CPD)
RESTRICTED BUSINESS ZONE (C-1)
COMMERCIAL HIGHWAY ZONE (C -H)
COMMERCIAL RECREATION ZONE
BUSINESS ZONE
UNLIMITED
COMMERCIAL ZONE
(C-3)
COMMERCIAL MANUFACTURING ZONE
(CM)
MANUFACTURING -INDUSTRIAL
PLANNED ZONE (MPD)
LIGHT MANUFACTURING ZONE (M-1)
RESTRICTED HEAVY MANUFACTURING
ZONE (M-1)
OPEN SPACE
APPLICABLE DEVELOPMENT
CODE STANDARDS
AGRICULTURE (AG)
RURAL RESIDENTIAL (RR)
LOW DENSITY RESIDENTIAL
(RL)
LOW MEDIUM RESIDENTIAL
(FILM)
MEDIUM DENSITY RESIDENTIAL
(RM)
MEDIUM HIGH DENSITY
RESIDENTIAL (RMH)
HIGH DENSITY RESIDENTIAL
(RH)
NEIGHBORHOOD COMMERCIAL
(C-1)
COMMUNITY COMMERCIAL
(C-2)
REGIONAL COMMERCIAL
(C-3)
OFFICE PROFESSI
(OP)
LIGHT INDUSTRY
(1)
OPEN SPACE/CONSERVATION
R-1
20,000
R-1
15,000
(RLI
R-1
10,000
RPD
10,000
R -A
10,00
R-1
9,000
R-1
8,500
R-1
8,000
RPD
8,000
R -A
8,000
R-1
7,5000
R-1
6,000
R-2
MEDIUM DENSITY RESIDENTIAL 1 8-3 UP TO 12 U
(RM)
12 DU/AC
MEDIUM HIGH DENSITY
RESIDENTIAL
(RMH) 16 OU/AC
HIGH DENSITY RESIDENTIAL
(RH)
20 DU/AC
GENERAL COMMERCIAL (C)
(MAX 1.0 FAR)
GENERAL COMMERCIAL (C)
(MAX 1.0 FAR)
GENERAL COMMERCIAL (C)
(MAX 1.0 FAR)
OFFICE PROFESSIONAL (OP)
IMAX 1.0 FAR)
LIGHT INDUSTRIAL (1)
(MAX 1.0 FAR)
OPEN SPACE
R-3 UP TO 16 U
R-3, R-3 TO 20 U
COMMERCIAL PLANNED
DEVELOPMENT (CPD)
RESTRICTED BUSINESS ZONE (C-1)
COMMERCIAL HIGHWAY ZONE (C -H)
COMMERCIAL RECREATION ZONE
BUSINESS ZONE
UNLIMITED
COMMERCIAL ZONE
(C-3)
COMMERCIAL MANUFACTURING ZONE
(CM)
MANUFACTURING -INDUSTRIAL
PLANNED ZONE (MPD)
LIGHT MANUFACTURING ZONE (M-1)
RESTRICTED HEAVY MANUFACTURING
ZONE (M-1)
OPEN SPACE
APPLICABLE DEVELOPMENT
CODE STANDARDS
AGRICULTURE (AG)
RURAL RESIDENTIAL (RR)
LOW DENSITY RESIDENTIAL
(RL)
LOW MEDIUM RESIDENTIAL
(FILM)
MEDIUM DENSITY RESIDENTIAL
(RM)
MEDIUM HIGH DENSITY
RESIDENTIAL (RMH)
HIGH DENSITY RESIDENTIAL
(RH)
NEIGHBORHOOD COMMERCIAL
(C-1)
COMMUNITY COMMERCIAL
(C-2)
REGIONAL COMMERCIAL
(C-3)
OFFICE PROFESSI
(OP)
LIGHT INDUSTRY
(1)
OPEN SPACE/CONSERVATION
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: CHAIRMAN AND PLANNING COMMISSION
FROM: CATHERINE JOHNSON, SENIOR PLANNER G�
SUBJECT: HEARING DRAFT DEVELOPMENT CODE
DATE: NOVEMBER 25, 1997
Attached are revised replacement pages showing changes that were
made after the Planning Commission packets were distributed. These
pages are double sided and ready to insert in the Development Code.
Pg. II -17 Exhibits A and B. These changes include the provision for a
150' separation from schools for off-site consumption of alcoholic
beverages. Exhibit B will be used, if the Commission chooses not to
recommend the 150' separation. The previous pages that were
distributed did not include the previous changes with regard to the
expanded uses and note about Gateway.
Pg. II -21 These pages contain the separation requirements for the
off-site consumption of alcoholic beverages, reflected by Exhibit II -21
A, and B if the Commission choose not to include this requirement.
Pg. III -8 22.16.060 A. Maximum height. The word "average" has
been deleted from the revised definition of height, consistent with the
definitions section,
ATTACHMENTS:
Revised pages of Hearing Draft Development Code
cj/c:pcmem 1 125
•
TABLE 2-4 - .ALLOWED USES AND PERM IT REQUIREI,IENTS
FOR OFFICE ZONING DISTRICTS
r LAND USE (I)
NUFACTURING & PROCESSING
Electronics, appliance, and equipment manufacturing
Handcraft industries
Media production
Research and
RECREATION, EDUCATION k PUBLIC ASSEMBLY USES
Clubs, lodges, and private meeting halls
Community/cultural centers
Cultural facilities, libraries and museums
Indoor amusement/ entertainment facilities
Health / fitness facilities
Outdoor recreation
Parks and Dlaviroundc
Keuglo a places of worship
Schools - Public and private
Studios - Art, dance, mucic, photography, etc
Theaters, auditoriums, meeting halls
RETAIL TRADE USES
Alcoholic beverage sales - Offsite (5)
Alcoholic beverage sales -Onsite
At. antique, collectable, and gift Sala
Bars and night dubs
Convenience snores
General retail stores
Pet shops
Restaurants
KEY TO PERMIT REQUIREMENTS
Symbol i Permit Requirement
P Permitted use, Zoning Clearance required. (2)
MUP i Conditional use, Minor Conditional Use Permit required. (2)
CUP I Conditional use, Conditional Use Permit required (2)
Use not allowed- (See 22.04.020.F regarding uses not listed )
PER.4irr REQUIRE -HENT BY DISTRICT
See standards
OP 08(3) Co in Section:
C UP(4) _
CUP(4)
CUP(4)
CUP
OP OB
IL,CL,pp
P 1 P
CUP CUP
OP
P
MUP
P
OB
P
MUP
P
CO
P
P
P
CUP
P
CUP
P
CUP
CUP
CO
P
MUP
P
CUP
P
P
P
P
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.48 for Development Review requirements for all uses.
(3) Addhlonal uses allowed within the Gateway Corporate Canter In compliance with the Gateway
Corporate Canter Design Guidelines.
(4) Use allowed only when accessory to an office use.
(5) Shall he a minimum of 150' from any school
See standards
in Section:
See standards
in Section:
Procedure is
in Section:
22.;6
==.;8
Diamond Bar Development Code Article I1 -Zoning Districts
Dearing Draft • November 16,1997 EXHIBIT'A' II -17
REVISED NOVEMBER 24. 1991
Commercial /Industrial Zoning Districts - -
TABLE 2-4 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS (Continued)
LANDUSE (1) PERMIT REQUIREMENT BY DISTRICT
SERVICE USES OP OB CO Vin Section -
Adult day care facilities
Automated teller machines (ATMs)
P
P
P
Banks and financial services
P
P
P
P
P
P
Business support services
Car wash, fully automated and accessory to service station only
CUP
CUP
CUP
CUP
CUP
CUP 22.xx
Child day care centers
Hotels and motels
P
P
Medical services - Clinics and laboratories
CUP
P
P
Medical services - Hospitals
CVP
CUP
CUP
Offices - a dministrative/business
P
p
P
P
P
P
Offices - production
Offices - professional
P
P
P
P
P
P
Personal services
Public utility or safety facilities
P
P
P
P
P
2
P 2.xx
Service stations
C.. N�nri�rtia
TRANSPORTATION & COMMUNICATIONS USES OP OB CO in Section:
CUP
Heliports
Utility lines P P P 22,xx.xxx
Telecommunications fadlities
KEY TO PERMIT REQUIREMENTS
Procedure is
SymboliUsenot
uirement
in Section-
P . use, Zoning Clearance required. (2) 22.xxxxx
MUP l use, Minor Use Permit required. (2) 22'xx
CUP l use, Conditional Use Permit required. (2) 22.xx
owed. (See 22.03.020.F regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Diamond Bar Development Code
Hearing Draft, September 1997 REVISED NOVEMBER 24, 1997
- LUIIIiI� a�aauusa
II -18
Commercial Industrial Zoruny Di= tricts
TABLE 2-4 - ALLOWED USES AND
PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS
' LAND USE (i)
PERMIT REQUIREMENT BY DISTRICT
MANUFACTURING & PROCESSING
Electronics, appliance, and equipment manufacturing
OP 08(3)
See standards
CO in Section:
Handcraft indusbies
CUP(q)
Media production
CUP(4)
Paper product manufacturing
P
Research and development
CUP(4)
CUP
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
See standards
Clubs, lodges, and private meeting halls
OF OB
CO in Section:
Community/cultural centers
P P
P
Cultural facwties, Libraries and museums
P P
P
Lndooramusement/entertainmentfacilities
P P
P
Health/fitness facwties
CUP
Outdoor recreation
CUP
CUP
Parks and playgrounds
CUP
Religious places of worship
P P
P
Schools - Public and private
CUP CUP
CUP
Studios - Art, dance, music, photography, etc,
PI P
P
Theaters, auditoriums, meeting hallsCUP
CUP CUP
CUP
RETAIL TRADE USES
See standards
Alcoholic beverage sales - Off-site
OF OB
CO in Section:
Alcoholic beverage sales - On-site
P P
P
Art, antique, collectable, and gift sales
MUP MUP
MUP
Ban and night dubs
P
Convenience stores
CUP
General retail stores
P
Petshops
P
Restaurants
P
KEY TO PERMIT REQUIREMENTS
Symbol Permit Requirement
Procedure is
P Permitted use, Zoning Clearance required, (2)
in Section:
IUP Conditional use, Minor Conditional Use Permit required (2)
22' l6
CUP Conditional use, Conditional Use Permit required. (2)
22•56
Use not allowed, (See 22.U4.U2U.F regardin
22.58
$ uses not Listed.)
Notes: -
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.48 for Development Review requirements for all uses,
(3) Additional uses allowed within the Gateway Corporais Canter In compliance with the Gateway
Corporate Center Design Guidelines.
(4) Us* allowed only when accessory to an office use,
utamond Bar Development Code
Hearing Draft, October 1997 Article II - Zoning Districts
REVISED NOVEMBER 24, 1997 Exhibit "B" II -17
Commercial /Industrial Zoning Districts
TABLE 2-4 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS (Continued)
22.10
`
YERMrrREQUIREMENTBYDISTRICT
LANDUSE (lY
I
See standards
_
OP
OB
CO
in Section:
SERVICE USES
Adult day care facilities
P
p
P
Automated teller machines (ATMs)
P
P
P
Banks and financial services
P
p
P
Business support services
to service station only
CTP
CUP
cup
Car wash, fully automated and accessory
CUP
CUP
CUP
22.xx
Auld day care centers
P
p
Hotels and motels
CUP
P
P
Medical services - Clinics and laboratories
Cup
CUP
CUP
Medical services - Hospitals
P
p
P
Offices - administrative /business
p
P
p
Offices -production
P
p
P
O fices-professionzl
P
p
p
Personal services
P
P
p
Public utility or safety facilities
p
P
P
22.xx
Service stations
See standards
do COMMUNICATIONS USES
Op
OB
CO
in Section:
TRANSPORTATION
CUP
Heliports
p
P
P
22.xx.xxx
Utilitylines
Telecommunications facilities
KEY TO PERMIT REQUIREMENTS
_
ocedure is
in Section:
5ymbol Permit Requirement
p . Permitted use, Zoning Clearance required (2)
�p Conditional use, Minor Use Permit required. (2)
22.xx
Np Conditional use, Conditional Use Permit required. (2)
Use not allowed. (See 22.03.020.F regarding uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Article U - Zoning Districts
Diamond Bar Development Code
Hearing Draft, September 1997 REVISED NOVEMBER 24, 1997
Commerciol/Industria( Zoning Districts
-.)-),Ij)
EXHIBIT II -21 A
TABLE 2-5 - ALLOWED USES AND PERMIT
FOR
REQUIREMENTS
COMMERCIAL./INDUSTRIAL
ZONING
DISTRICTS (Continued)
LAND USE (1)
�FERMIT RE QUIREMENT BY DISTRICT
RETAIL TRADE USES
Alcoholic beverage sales, off-site (3)
C-1 C-2
3 See standards
I
C - in Section:
Alcoholic beverage sales, on-site
P P
P
Art, anti ue, collectable, and "ft sales
MUP MUP
I MUP '
Auto and vehicle sales/rental
P P
i p
Auto arts sales
i CUP '
Auto sales, indoor onl
P
I P i
Bakea, retail
i P 22 x
Bars and ni t clubs
P P
P
Buildin material stores
CUP CUP
I CUP
Certified farmer; market
P
Convenience stores
P
Drive-in and drive-through sales
P P I
P p
Fuelinstations, asoline and electric onlyCUP
i CUP
CUP
furniture, furnishin , and appliance stores
P P
P P
• General retail stores
P
P
Grocery stores
P P
P
Mobile home and recreational vehicle sales
P
P
Outdoor retail sales and activities
P
Pet sho s
P '
P
Plant nurseries and garden supp
1 stores
p
P
Restaurants
P
P
Restaurants with outdoor dinin
P P
P
Second hand stores
MUP MUP
MUP
Sho in center
P
P
Warehouse retail stores
CUP
CUP
CUP
KEY TO PERMIT REQUIREMENTS
SymboV, Permit Requirement I Procedure is
P Permitted use, Zoning Clearance required. (2) I in Section:
MUP Conditional use, Minor Use Permit required. (2) 2.2•xx•xxx
CUP Conditional use, Conditional Use Permit 22•'re
required. (2)
Use not allowed. (See 22.03.020.Fardin 22•x`
uses not listed.)
Notes:
(1) See Article VI for definitions of each of the land uses listed.
• (2) Sen Chapter 22.xx for Development Review, requirements for all uses.
(3) Shall be a minimtim of 150' from any school site
Continues on next page
Diamond Bar Development Code
Hearing Draft - November 16,1997 Article II - Zoning Districts
REVISED NOVEMBER 25, 1997 EXHIBIT "11-21A' II -21
I
SERVICE USES
P
p
P
Ambulance services
P
P
P
Automated teller machines (ATMs)
P
P
P
Banks and financial services
P
CVP
Bed and breakfast inns
P
P
P
Business support services
CUP
CUP
Car wash
CUP
CUP
CUP
Child day care centers
CUP
CVP
CUP
Drive-in and drive-through services
CUP
CUP
CUP I
Equiment prental (construction equipment, etc)
P
P
P
Hotels and motels
P
P
P
Medical services - Clinics and labs
CUP
CLIP
CUP
Medical services - Hospitals
p
P
P
Offices - accessory to primary use
P
P
P
Offices -business and professional
P
p
P
Personal services
CUP
CUP
Psychic readers
P
P
P
P
Public safety facilities
P
P
P
P
Public utility facilities
P
P
P
P
Service stations
P
P
Storage, outdoor
P
p I
Storage, indoor
P
p
p I
/minor re
Vehicle services -Maintenancepair
CUP
P
Vehicle services - Major repair/body work
cvP
P i
als, kennels,
Veterinary clinics, animal hospitboazding
See standards
do COMMUNI CATIONS USES
C-1
C-2
C-3
I in Section:
TRANSPORTATION
CUP
Heliports
CUP
UP
Parking facilities/vehicle storage
P
P
P
P
Utility lines
22.,42.130
Telecommunications facilities
P
P -
Transit stations and terminals
CUP
CUP
Vehicle and freight terminals
Notes:
(1) See Article VII for definitions of each of the land uses listed..
(2) see Chapter 22.,, for Development Review requirements for all uses.
Article II - Zoning Districts
Diamond Bar Development Code II -22
Administrative Draft - June, 1997 REVISED NOVEMBER 25,1997
Commercial/Industrial Zoning. Districts
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
• FOR COMMERCIAUINDUSTRIAL ZONING DISTRICTS (Continued)
V
LJ
LAND USE (1)
RETAIL TRADE USES
Alcoholic beverage sales off-site
Alcoholic beverage sales on-site
Art, antique, collectable and gift sales
Auto and vehicle sales/rental
Auto parts sales
Auto sales, indoor only
Bakery, retail
Bars and night clubs
Building material stores
Certified farmers market
Convenience stores
Drive-in and drive-through sales
Fueling stations gasoline and electric only
Furniture, fumishin6s, and appliance stores
General retail stores
Grocery stores
Mobde home and recreational vehicle sales
Outdoor retail sales and activities
Pet shops
Plant nurseries and garden supply stores
Restaurants
Restaurants with outdoor dining
Second hand stores
Shopping center
Warehouse retail stores
KEY TO PERMIT REQUIREMENTS
I -------------
_Symbol I Permit Requirement
P I Permitted use, Zoning Clearance required. (2)
MUP Conditional use, Minor Use Permit required. (2)
CUP Conditional use, Conditional Use Permit required. (2)
Use not allowed. (See 22.03.020.F re aiding uses not I
22.10
PERMIT REQUIREMENT BY DISTRICT'
See standards
C-1 C-2 C-3 I in Section:
p
— MUP II MUP I
P P 1
CUP
P P
P i
P i P
I -P j
CUP CUP
I CUP
__--
!P_
P P
1 P I P
CUP i CUP
-;iii
I CUP
P p
P ' P
1 P I p l
P ( p P
I P I p
I
i P
P
P
P p
P
P
P
P P i
P
MUP MUP I
MT -TP
p i
P ,
cup I
CUP
I
.CUP I
Notes:
(1) See Article VI for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development Review requirements for all uses.
Continues on next page.
ulamonct Bar Development C
Hearing Draft, September 1997
Niue II -
REVISED NUVEMBER 1b, lay/Ehibit II=21 "B"
22.xx
Procedure is
in Section_
22.xx.xxx
22.xx
22.xx
11-21
Commercial/Industrial Zoning Districts
TABLE 2-5 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAIJINDUSTRIAL ZONING DISTRICTS (Continued)
22.10
%
LANDUSE (1) :TER.Ngr REQUIREMENT BY DISTRICT
See standards
C-1 C-2 C-3 I in Section:
SERVICE USES
Ambulance services
Automated teller nuchines (ATMs)
Banks and financial $--*ices -
Bed and breakfast isms
Business support saviccs
Car wash
Child day care —tcm
Drive-in and A-Z--O—nUgh Services
EcItzipm-1 rental (construction equipment, etc-)
Hotels and motels
Medical services • Clinics and labs
Medical services 1-1050a-ls
Offices - accessory to prinuxY use
Offices - business and professional
PUSOrUl services
Psychic readers
Public safety facilities
Public utility f-acMties
Service stations
Storage, outdoor
Storage, indoor -dnor repair
Vehicle services - Maintenance/minor
Vehicle services - Major repair/body work
Veterinary cliru6, animal
_hospitals, kennels. I
TRANSPORTATION & COMMUNICATIONS USES
Heliports ,
Faz3dng facilities /vehicle storage
lintsUClity
Tcl
tions facilities
Tr-:--7t1t---borand terminals
-
Vehicle and, fre
w
R
P
CUP
.CUP
CUP
P
P
CUP
P
P
P
I
P
P
P
P
CUP
Clip
CUP
CLIP
P
P
P
mm
--
P
cpupp
CUP
CUP
CUP
CUP
P
P
Clip
P
P
F
CUP
P
P
P
P
P
P
CUP
CUP
CUP
CUP
P
P
P
P
P
P
P
M To FEIRIMIT REQUEREMENTS
procedure is
lS'
in ection'
'Perzrit Req 22.0=
Permitted use, Zoning Clearance required- (2) 22.xx
MUp Conditional use, Minor Use Permit required. (2)
CLTp conditional use, Conditional Use Permit required- (2)
Use not allowed. 03.020.F regarding uses not listed.)
Notes: f each of the land uses Usta
(1) See Article VII for definitions 0
(2) . See Chapter 2Zxx for Development pmcnt Review requirements for all uses
Article H - Zoning Districts
r Development Code J997 I
. ..... . -L-72
Diamond Ba Ft,,FVIM t1nVFMRFR 25
A 19-g-7
See standards
C-3
I in Section -
CUP
CUP
UP
P
22.42.130
P
P
CUP
CUP
M To FEIRIMIT REQUEREMENTS
procedure is
lS'
in ection'
'Perzrit Req 22.0=
Permitted use, Zoning Clearance required- (2) 22.xx
MUp Conditional use, Minor Use Permit required. (2)
CLTp conditional use, Conditional Use Permit required- (2)
Use not allowed. 03.020.F regarding uses not listed.)
Notes: f each of the land uses Usta
(1) See Article VII for definitions 0
(2) . See Chapter 2Zxx for Development pmcnt Review requirements for all uses
Article H - Zoning Districts
r Development Code J997 I
. ..... . -L-72
Diamond Ba Ft,,FVIM t1nVFMRFR 25
A 19-g-7
._?. C_i. se
E. Recreational court lighting. The following standards shall apply to the lighting of
outdoor recreational courts:
• 1. Light fixtures shall not be located closer than 10 feet to the nearest property line.
2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of
the fixture, arm, and supporting poles all be coated with a dark, low reflectance
material.
3. Light fixtures shall not be located more than 18 feet from the court surface.
4. Not more than one light fixture per 900 square feet of court surface is allowed, with
a maximum of eight poles and fixtures per recreational court.
5. Light fixtures shall be supported by an arm extending at least 4 feet from a support
pole.
6. Light fixturesin shall be designed, constructed, mounted and ma
ith
appropriate shielding, the light source is completely cut off when viewed ed frso aotm any
point five feet or more beyond the property line. The incident light level at a
property line shall not exceed one foot-candle measured from grade to a height of 12
feet. The incident light level upon any habitable building on an adjacent property
shall not exceed .05 foot-candle.
7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on
weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays
and Sundays.
8. In the event that an illuminated court surface is visible from another parcel, the court
surface shall be treated with a low reflectance, dark -colored coating.
9. Provisions of this Subsection may be waived or modified through the approval of a
Minor Conditional Use Permit in compliance with 22.56.
22.16.060 - Height Measurement and Height Limit Exceptions
All structures shall meet the following standards relating to height, except for fences and
walls, which shall comply with 22.20 (Fences, Hedges, and Walls).
A. Maximum height. The height of structures shall not exceed the standards established
by the applicable zoning districts in Article ]l (Zoning Districts and Allowable Land
Uses). Maximum height shall be measured as the vertical distance from the-wrepag .
finished grade at any point immediately adjacent to the exterior structure wall to an imaginary
Plane located the allowed number of feet above and parallel to the average finished
grade. Structures in hillside areas shall comply with the height regulations provided in
Section 22.22.120 (Architecture).
B. Exceptions to height limits. Exceptions to the height limits for nonresidential structures
shall apply in the following manner:
• 1. Elevator penthouses and lofts. Roof mounted structures for the housing of elevators,
lofts, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to
Diamond Bar Development Code
Hearing Draft - Revised October 29,1997 Article III - Site Planning
III -8
REVISED NOVEMBER 24, 1997