HomeMy WebLinkAbout12/9/1997PLANNING
COMMISSION
AGENDA
DECEMBER 99 1997
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Toe Ruzicka
Franklin Fong
Mike Goldenberg
Toe McManus
Steven Tye
Copies of staff reports or other written documentation relating to agenda items are on file in rhe Planning
Division of the Dept. of Community BSc Development Services, located at 11660 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
accomodationO 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.
P�,t&LPCAGHNDA.GED
Please ref rain from smoking, eating or drinking
in tke Auditorium
The City of Diamond Bar uses recycled paper
and encourages you to do the same.
PLANNING CONBUSSION
CITY OF DIAMOND BAR
Tuesday, December 9, 1997
AGENDA
Next Resolution No. 97-15
CALL TO ORDER: 7:00 P.M.
PLEDGE OF ALLEGIANCE:
1. ROLI. CALL: COMMISSIONERS: Chairman Joe Ruzicka, Mike Goldenberg,
Franklin Fong, Joe McManus and Steve Tye
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
item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -
agenda items. Pleasecoml2lete as 2eatiPr's Card for the recording Secretary 1Comnletion of this form is
volunt;tryl 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 25, 1997
4. REORGANIZATION OF PLANNING COMMISSION:
4.1 Selection of a Planning Commission Vice Chairman
5. OLD BUSINESS: None
6, NEW BUSINESS:
6.1 Planned Sign Program No. 974 is a request for two wall signs, a menu board with
speaker posts, three directional signs, one monument sign, and replacement panel for
an existing monument sign.
Property Location: 218 Diamond Bar Blvd., Diamond Bar, CA
Property Owner: Diamond Bar Associates, 17853 Santiago Blvd., Ste. 107-
295, Villa Park, CA 92861
Applicant: Taco Bell, Pete Capriotti, Cotti Foods Corp. 25 Mauchly,
Ste. 321, Irvine, CA 92618
RECOMMENDATION: Staff recommends that the Planning Commission approve
Planned Sign Program No. 97-4, Findings of Fact and conditions as listed within the
attached resolution.
DECEMBER 9, 1997 PLANNING COMMISSION AGENDA 1
7• CONTINUED PUBLIC HEARING:
7.1 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-1-20,000 and A-2-2 to R-1-40,000. (Continued
from November 12, 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
Blvd., Suite 300, Torrance, CA 90503
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has determined ' that an Environmental
Impact Report is required for this project. An Environmental Impact Report No. 97-1
(SCH No. 96071104) has been prepared and is available for public review.
RECOMMENDATION: Staff recommends that the Planning Commission recommend
certification of EIR No. 97-1 (SCH 96-071104), and recommend approval of VTTM
50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit
No. 96-1 and Mitigation Monitoring Program and Findings of Fact, and conditions
as listed within the attached resolution.
7.2 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 and take action to recommend City
Council adoption, if appropriate.
8. PUBLIC HEARINGS:
8.1 Tentative Parcel Map 22987 (pursuant to Code Section 21.04.020) A request for the
subdivision of a 5.02 acre parcel of land into three lots: Lot 1 is 1.32 acres and contains an
existing restaurant; Lot 2 is 2.70 acres and contains an existing motel; Lot 3 is 1.00 acre
and is vacant land. The existing development will remain and no new development is
proposed at this time.
Project Address: 259 Gentle Springs Lane (west side,. south of Diamond Bar Blvd)
Applicant: Carl Kobbins, 8880 Benson Ave. Suite 100, Montclair, CA 91763
Property Owner: SX Diamond Bar, 259 Gentle Springs Lane #134, Diamond Bar, CA
91765
DECEMBER 9, 1997 PLANNING COMMISSION AGENDA 2
. V .
Environmental Determination: Pursuant to the provisions of the California Environmental
Quality Act (CEQA), the City has determined that this project is Categorically Exempt,
Section 15315.
RECOMMENDATION: Staff recommends that the Planning Commission recommend
approval of TPM 22987, Findings of Fact, and conditions as listed within the attached
resolution.
9. PLANNING COMMISSION ITEMS:
10. INFORivIATIONAL ITEMS:
11. SCHEDULE OF FUTURE EVENTS:
CITY COUNCIL - Tuesday, December 16, 1997 - 6:30 p.m. - AQMD Auditorium, 21865
E. Copley Drive
TOWN HALL MEETING - Economic Revitalization Plan - Saturday, December 20, 1997 -
9:00 a.m. - 12:00 p.m. - AQMD Auditorium, 21865 E. Copley Drive
PLANI ING COMMISSION - Tuesday, December 23, January 13 & 27, 1998 - AQMD
Auditorium, 21865 E. Copley Drive
CHRISTMAS HOLIDAY - Wednesday, December 24, and Thursday, December 25, 1997
- City Offices will be closed. Will reopen Friday, December 26, 1997.
PARKS & RECREATION COMMISSION - Thursday, January 8, 1997 - 7:00 p.m. -
AQMD Board Hearing Room, 21865 E. Copley Drive.
TRAFFIC & TRANSPORTATION - Thursday, January 22, 1998, AQMD Board Hearing
Room, 21865 E. Copley Drive.
12. ADJOURNMENT: December 23, 1997
3
DECEMBER 9, 1997 PLANNING COMMISSION AGENDA
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 25, 1997
CALL TO ORDER:
Chairman Ruzicka called.the meeting to order at 7:12 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 Commissioner McManus.
ROLL CALL:
Present:
Also Present:
Chairman Ruzicka, and Commissioners Fong,
Goldenberg and McManus
Deputy. City Manager James DeStefano, Senior
Planner Catherine Johnson and Associate
Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
CONSENT CALENDAR:
1. Minutes of November 12, 1997.
C/McManus moved, C/Fong seconded, to approve the minutes of
November 12 as amended. The motion was carried 3-0-1 with
C/'Goldenberg abstaining.
C/Goldenberg requested staff agendize the matter of selecting an
interim Vice Chairman of the Planning Commission to serve until
March, 1998 for December 9, 1997. The Commission concurred.
OLD BUSINESS - None
NEW BUSINESS - None
CONTINUED PUBLIC HEARINGS:
1. 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 Citywide
Draft Design Guidelines.
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.
SP/Johnson reported on the code revisions and updates.
NOVEMBER 25, 1997 PAGE 2 PLANNING COMMTSSTON
Following discussion of separation from educational
institutions requirements for sale of alcohol for off-site
consumption, the Commission concurred to recommend 150 feet
from property line to property line (Page II -17 Exhibit A and
II -21 Exhibit A). Staff concurred to insert the language
within the text of the document, where appropriate, in
addition to its inclusion within the tables.
Following Commission discussion regarding Adult Entertainment
Businesses, Chair/Ruzicka asked for public comment.
Bob Zirbes said he favors no adult entertainment business in
Diamond Bar. Because the law permits adult entertainment
businesses and to avoid potential litigation, he favors
recommendation of Exhibit B.
Steve Tye recommended the Commission follow the City
Attorney's recommendation for Exhibit B. He further suggested
that the Commission make it as difficult as possible for these
types of businesses to locate in the City of Diamond Bar at
the onset of the code implementation.
The Commission concurred to adopt the City Attorney's
recommendation for Page II -20, Exhibit B table, (500 feet of
separation) with respect to Adult Entertainment Businesses.
SP/Johnson continued with a presentation regarding View
Protection Standards requested by the Commission and proposed
to be contained within the City's Design Guideline and within
the Development Code. She stated that staff's October 23,
1997 memorandum recommends, as an alternative to adopted
regulations, a City created pamphlet which would include view
protection criteria and methods for resolving disputes. This
booklet would be available to the general public. Staff
recommends that the Planning Commission consider and discuss
alternatives to the inclusion of a view protection process
within the Development Code.
Chair/Ruzicka pointed out that view protection administration
for Diamond Bar may require additional staff.
Bob Zirbes agreed that. the proposed brochure may be the better
way to handle the question of view protection. He said that
he is concerned about reducing view protection problems with
respect to future development. Referring to Item G and Item
H., Page III -14, he requested that language be added to
provide for the following circumstances: If a developer sells
a lot at a premium because it is a "view lot's, then he should
be required to have the appropriate language in the CC&R's to
protect the owner's view and provide the property owner a
basis for a view obstruction challenge, and that the developer
shall allow no plantings to occur on his behalf that will
cause view obstruction for the property owner.
NOVEMBER. 25, 1997 PAGE 3 PLANNING COMMISSION
DCM[/DeStefano stated that the Planning Commission and City
Council will determine whether language recommended by Mr.
Zix-bes is included in the Development Code document. While
the: language could be inserted, all new development comes
before the Planning Commission for review and the Planning
Commission has the authority to regulate placement of trees,
to incorporate provisions within CC&R's and to direct staff to
monitor the imposed conditions. He suggested that it would be
important to include general language within the document to
insure that view protection is considered during the review
process. Specific condition language is important with
respect to individual projects.
Responding to C/McManus, DCM/DeStefano stated that while the
City can specify that view protection language be built into
the development's CC&R's, enforcement is difficult.
DCM/DeStefano indicated to Chair/Ruzicka that if the
Commission's desire is to have view protection language placed
within CC&R's, staff will provide for such language in an
appropriate place within the code.
DCM/DeStefano responded to Mr. Zirbes that the City is not a
party to CC&R's. The majority of CC&R information is set
forth by the California Department of Real Estate. Staff and
legal counsel review CC&R's to determine that they meet the
requirement of the law.
Mr. Zirbes agreed that the Development Code may not be the
proper document for inclusion of specific view protection
language.
C/Goldenberg stated he would like to have language inserted in
the City brochure that would insure Planning Department
oversight of view protection.
DCM/DeStefano reiterated his concerns regarding staff's
a:)ility to provide enforcement for what is considered to be a
private party agreement.
The Commission concurred with staff's recommendation for a
City created pamphlet which would include view protection
criteria and methods for resolving disputes.
SP/Johnson continued with staff's presentation regarding sign
regulations. Staff recommends 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
NOVEMBER 25, 1997 PAGE 4 PLANNING COMMISSION
Planning Commission wishes to recommend a requirement for 50
percent English, staff has prepared the appropriate language
to be inserted in Section 22.36.020 E. stating: "A minimum of
50 percent of sign copy shall be in English characters' to be
inserted on Page III -130.
C/Goldenberg stated he believes the City Attorney needs to
conduct further research into this matter.
Bob Zirbes said he agrees with C/Goldenberg that if the City
Attorney has not properly completed his investigation of this
item a Planning Commission decision should be postponed. He
indicated he favors a minimum of 50 percent English for signs.
Following discussion, the Commission concurred to recommend
the language stated in Exhibit B be inserted as Page III -130
which provides for a minimum of 50 percent of sign copy to be
in English.
SP/Johnson continued with Article III revisions.
C/Goldenberg asked that language defining the illustration on
Page III -8 be changed so that is clear to the reader.
C/Fong suggested the illustration on Page III -8 provide a
clearer reference to the horizontal plane. He asked that the
figure be titled and that a reference to the figure be
included in the paragraph on the preceding page explaining the
illustration.
DCM/DeStefano agreed that staff will rework the Page III -8
illustration for the Commission's consideration at its
December 9, 1997 meeting.
C/Fong requested staff provide a title and reference for the
figure on Page III -12 and indicate which line is the property_
line and which line is the street center line.
C/Fong asked that the language regarding flag lot on Page III -
13 be made clearer.
C/Goldenberg asked for an explanation of how the City expects
to enforce compliance with respect to Page III -21 Section
22.118.020 B.
DCM/DeStefano explained that when a developer is obligated to
set aside a certain number of units for low income persons,
provisions require the developer to notify the City or
Redevelopment Agency exactly which units are low income units,
who the residents are within those units and to provide
evidence sufficient to satisfy the City or Agency that those
units are being rented at the proper levels to allow low
income people to qualify to reside there. Those agreements
usually run with the property for many years and require an
NOVEMBER 25, 1997 PAGE 5 PLANNING COMMISSION
audit by the City's representative who conducts a review of
the applicant and related financial data.
C/Goldenberg asked that language attesting to the developer's
obligation and the City's auditing process be included in the
Code.
Chair/Ruzicka indicated to C%Goldenberg that provisions to
ensure compliance are currently in place.
DCM/DeStefano indicated staff will recommend language to be
incorporated within the Code indicating that provisions are in
place to ensure compliance.
C/Goldenberg asked how the City can protect surrounding areas
from decreased property values when granting density bonuses
to developers.
DCM/DeStefano responded that the issue is the quality and
maintenance of the construction product. He pointed out that
t=here are multi-million dollar homes within "The Country
Estates" that have had no front yards and landscaping for many
years. There is no real assurance that property will be
maintained regardless of the development and investment value.
These types of projects typically involve significant
discretionary permits. The majority of density bonus projects
in Southern California blend in with the surrounding
neighborhood which is a direct result of the decision makers
to insure that the development meets the standards of the
community through proper maintenance and code enforcement.
C/McManus asked how many future developments in Diamond Bar
may be effected by density bonuses.
DCM/DeStefano indicated there are about two dozen acres of
potential multi -family residential property left within the
City.
C/Goldenberg reiterated his concern regarding the assignment
of redevelopment monies to low and moderate income housing.
'He recommended that the Code include language that provides
guidance to future Planning Commissions that insures
conformity to existing residential neighborhoods.
Chair/Ruzicka said the Redevelopment Plan states that any low
income housing would have to blend in with the neighborhood in
which it is included. He asked staff to insure that
compatible wording is included within the City's Development
Code.
C/Goldenberg suggested staff draft a vision statement for low
and moderate income housing construction.
DCM/DeStefano referred the Commission to the City's adopted
General Plan's Vision Statement as well as, its goals and
NOVEMBER 25, 1997 PAGE 6 PLANNING COMMISSION
strategies. He stated staff will provide a reference
memorandum to the Commission.
C/Fong pointed out that the second sentence under B. 4. on
Page III -44 should be corrected to read as follows:
"Exploratory trenches and access roads should be properly
backfilled and erosion treatment and revegetation provided."
C/Fong suggested that Paragraph B. I. on Page III -44 be
changed to read: "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 flatter".
DCM/DeStefano recommended that Paragraph B. 1. on Page III -44
be changed to read: "Finished slopes shall not be created
greater than 50 percent (2:1) except adjacent to a structure
where the created slope is limited to a maximum of 67 percent
(1.5:1).1,
The Commission concurred with DCM/DeStefano's recommended
wording.
Staff concurred to reconsider the language of Item 4. b. l) 2)
and 3) on Page III -44 and include a definition and graphic for
the ratios.
Chair/Ruzicka reiterated his request that all graphics
contained within the Development Code be given a "figure"
designation with a reference to the text.
RECESS: Chair/Ruzicka recessed the meeting at 10:12 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 10:25 p.m.
SP/Johnson continued her presentation of Development Code
updates.
C/Goldenberg reiterated his request for a 15 percent maximum
grade on Page III -52. -
SP/Johnson presented the Citywide Design Guideline changes.
DCM/DeStefano stated staff and the consultant are in the
process of updating the Subdivision Ordinance. Discussion of
Negative Declaration 97-3 will be continued to the December 9,
1997 meeting. The Planning Commission is expected to take
action at the December 9, 1997 meeting to recommend City
Council adoption.
PUBLIC HEARINGS - None
NOVEMBER 25, 1997 PAGE 7 PLANNING COMMISSION
PLANNING COMMISSION ITEMS:
C/Goldenberg asked that the cover letter from staff to the City
Council contain language strongly recommending enforcement of the
Development Code.
The Commissioners thanked staff for creation of the Development
Code document.
INFORMATIONAL ITEMS:
DCM/DeStefano stated that at its November 18, 1997 meeting, the
City Council approved the LA Cellular contract for placement of
their :facility on a light standard at Peterson Park.
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
DCM/DelStefano reminded Commissioners about the City's Holiday Party
on Wednesday evening, December 10, 1997.
ADJOURNMENT:
C/Goldenberg moved, C/McManus seconded to adjourn the meeting.
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 10:50 p.m. to
Tuesday, December 9, 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 Commissioners
16
FROM: James DeStefano, Deputy City Manager 7
SUBJECT: Selection of the Planning Commision Vice Chairman
DATE: December 9, 1997
The position of Vice Chairman of the Planning Commission is vacant as a result of
Commissioner Schad's recent resignation. At this time it would be appropriate for the
Commission to consider selecting a vice chairman to fill the vacant seat.
JDS\mco
City of Diamond Bar
PLANNING COMNIISSION
Staff Report
AGENDA ITEM NUMBER: 6.1
REPORT DATE: December 2, 1997
MEETING DATE: December 9, 1997
CASE/FILE NUMBER: Planned Sign Program No. 97-4
APPLICATION REQUEST: To install two wall signs, a
menu board with speaker posts,
three directional signs, one
monument sign, and replacement
panel for an existing monument
sign.
PROPERTY LOCATION: 218 Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNERS: Diamond Bar Associates
17853 Santiago Boulevard,
Suite 107-295,
Villa Park, CA 92861
APPLICANT: Pete Capriotti
Cotti Foods Corporation
25 Mauchly, Suite 321
Irvine, CA 92618
BACKGROUND:
The property owner, Diamond Bar Associates and applicant, Pete
Capriotti are requesting approval of Planned Sign Program No. 97-4
(pursuant to Sign Ordinance No. 5A (1991), Section 110. Planned
Sign Program). The request is to install two wall signs, a menu
board with speaker post, three directional signs, one monument
sign, and a replacement panel for an existing monument sign.
The proposed signs are requested for a Taco Bell restaurant
(Development Review No. 97-5) approved by the Planning Commission
on June 24, 1997. The restaurant is located at 218 Diamond Bar
Boulevard, within the Diamond Bar Shopping Center (commonly
referred to as the Von's Center). It has a General Plan Land Use
1
designation of General Commercial (C). It is within the
Neighborhood Business -Billboard Exclusion (C -2 -BE) Zone.
Generally, the following zones and use surround the project site:
to the north is the C -2 -BE Zone and the Pomona Freeway; to the
south is the (C -2 -BE) Zone; to the east is Single Family Residence -
Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Restricted
Business (C-1) Zones; and to the west is the Commercial Planned
Development (CPD) Zone.
ANALYSIS:
The purpose and intent of the City's Sign Ordinance is to encourage
the use of modest signs which are harmonious with existing signs,
to assure the appropriate level of review and compatibility with
the architectural style, design, material and color of buildings
attached or adjacent to the signs. Additionally, pursuant to the
City's Sign Ordinance, an individual use within a multi -use
commercial center in which more than one wall sign is proposed
requires review and approval of the Planning Commission through the
Planned Sign Program process (Sections 108. A.1. and 110. D.).
Therefore, the request for two wall signs for an individual use
within a multi -use commercial center initiates the Planned Sign
Program process for this application.
The applicant is proposing the following sign requests:
CITY'S SIGN ORDINANCE
PROPOSED SIGN STANDARS
STANDARDS
1. Wall Signs. One per outer
1. Wall Signs. Two; located
wall; 1.25 sq. ft. per 1
on the north and west sides
lineal foot of frontage, to a
of the entry tower; sign face
maximum 125 sq. ft. per use.
area - 20.92 sq. ft. each.
Special Conditions. No permit
shall be issued for a wall
sign in a multi -use building
or commercial center in which
more than one sign is proposed
without Planning Commission
review and approval.
2. Menu Board. Not addressed
2. Menu Board with Speaker.
One; located at the northeast
in current Sign Ordinance. If
not addressed, the L.A. County
side of the drive-thru aisle;
sign standards adopted by the
height - 6.66 ft; sign face
City upon incorporation apply.
area - 26 sq. ft.
L.A. County standards: Maximum
Speaker: height -4 ft.; width -
height - 6 ft.; maximum area -
9 in. wide.
24 sq. ft.
3. Directional Signs. Not
3. Directional Signs. Three;
addressed in current Sign. If
two delinating drive-thru
not addressed, the L.A County
aisle and one with do not
sign standards adopted by the
enter; height -3 ft.; sign face
City upon incorporation apply.
area - 3 sq. ft.
L.A. County standards: Maximum
height - 6 ft.; maximum area -
24 sq. ft.
4. Monument Sign. One per
4. Monument Sian. One;
frontage; maximum height - 6
located adjacent and west of
ft.; maximum area - 24 sq.
Palomino Dr. drive -way entry;
ft.; location - 10 ft. from
height - 7.5 ft.; sign face
ultimate right-of-way; provide
area - 20 sq. ft.
address numerials.
Replacing sign face on
existing monument sign located
on Diamond Bar Blvd.
The proposed sign standards meet the City's requirement except for
the menu board and monument sign which are required to be reduce to
a six foot height. Additionally, staff recommends that the
directional sign (item: C on site plan) be deleted, as it is not
needed..
Sign frames are constructed of painted aluminum with plexiglass
faces. Proposed colors of violet, magenta and yellow are Taco Bell
corporate colors. The proposed monument sign's base will be
constructed from block utilized in the construction of the Taco
Bell :restaurant and matches the existing monument signs base.
Additionally, the proposed signs' design and colors are compatible
with the signs within surrounding commercial centers.
The existing sidewalk and driveway apron adjacent to the drive-thru
aisle and the proposed monument sign needs replacing. The driveway
apron and sidewalk has deteriated due to the traffic traversing it,
thereby possibly creating a public safety hazard. It is
anticipated that the increase in vehicular and pedestrian traffic,
due to the intensification of the new use and the advertising of
this use by the proposed signs' installation will exacerbate this
situation. Therefore, it is recommended that this concrete area be
replaced for safety and as well as aesthetic reasons.
The Public Works Division and the Building and Safety Division
reviewed this project. Their recommendations are a component of
the draft resolution.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed project is
categorically exempt pursuant to the guidelines of the California
Environmental Quality Act (CEQA), Section 15311 (a).
3
NOTICE OF PUBLIC HEARING:
A Planned Sign Program reviewed by the Planning Commission does not
require a public hearing.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Planned Sign
Program No. 97-4, Findings of Fact and conditions of approval as
listed within the attached resolution.
REQUIRED FINDINGS:
1. The proposed sign will be legible to the intended audience
under normal viewing conditions, based on its proposed
location and design of its visual elements.
2. The proposed sign will not obscure from view or detract from
existing signs, based on its location, shape, color and other
similar considerations.
3. The proposed sign will be in harmony with adjacent properties
and surroundings, based on the size, shape, height, color,
placement, and the proximity of such proposed sign to adjacent
properties and surroundings.
4. The proposed sign will be designed, constructed and located so
that it will not constitute a hazard to the public.
5. The proposed sign is not designed to have the advertising
thereon maintained primarily to be viewed from a freeway,
unless specifically provided for under the terms of this Sign
Ordinance.
Prepared by:
Ann J.,LurEgu, Associate Planner
Attachments:
1. Draft Resolution;
2. Exhibit "A" - site plan, elevation and written sign criteria
dated December 9, 1997; and
3. Application.
4
A.
PLANNING COMMISSION
RESOLUTION NO. 97 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING PLANNED SIGN
PROGRAM NO. 97-4 AND CATEGORICAL EXEMPTION
SECTION 15311 (a), A REQUEST TO INSTALL TWO
WALL SIGNS, A MENU BOARD WITH SPEAKER POST,
TWO DIRECTIONAL SIGNS, ONE MONUMENT SIGN AND A
REPLACEMENT PANEL FOR AN EXISTING MONUMENT
SIGN LOCATED AT 218 DIAMOND BAR BLVD., DIAMOND
BAR, CALIFORNIA.
RECITALS.
1. The property owner, Diamond Bar Associates and applicant,
Pete Capriotti of Cotti Foods Corporation have filed an
application for Planned Sign Program No. 97-4, for the
installation of two wall signs, a menu board with speaker
post, two directional signs, one monument sign and a
replacement panel for an existing monument sign. Project
site is located at 218 Diamond Bar Boulevard, Diamond
Bar, Los Angeles County, California, as described above
in the title of this Resolution. Hereinafter in this
Resolution, the subject Planned Sign Program shall be
referred to as the "Application".
2. 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, including the
subject Application, within the City of Diamond Bar.
3. Action was taken on the subject application as to the
consistency with the General Plan. It has been
determined that the proposed project is consistent with
the General Plan.
4. The Planning Commission of the City of Diamond Bar on
December 9, 1997 conducted a meeting on the Application.
5. Pursuant to Sign Ordinance No. 5A (1991), a Planned Sign
Program does not require a public hearing or notification
of property owners surrounding the project site.
1
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 determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant Section 15311 (a) of Article 19 of Chapter 3 of
Title 14 the California Code of Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a parcel within a commercial
shopping center identify as Diamond Bar Shopping
Center. Currently, the subject parcel is being
developed with a Taco Bell restaurant (Development
Review No. 97-5) approved by the Planning Commission
on June 24, 1997. The project site is located at
218 Diamond Bar Boulevard, Diamond Bar, California.
(b) The project site has a General Plan Land Use
designation of General Commercial (C). It is within
the Neighborhood Business -Billboard Exclusion (C -2 -
BE) Zone.
(c) Generally, the following zones and use surround the
project site: to the north is the C -2 -BE Zone and
the Pomona Freeway; to the south is the (C -2 -BE)
Zone; to the east is Single Family Residence -
Minimum Lot Size 8,000 Square Feet (R-1-8,000) and
Restricted Business (C-1) Zones; and to the west is
the Commercial Planned Development (CPD) Zone.
(d) The proposed project is a request to install the
following signs:
2
(1) Two wall signs each with a sign face ar a f
20.92 square feet, located on the north
west sides of the entry tower; ,
(2) One menu board, 6.66 feet high with a sign face
area of 26 square feet, located at the
northeast side of the drive-thru aisle;
(3) Speaker for menu board, 4 feet high and 9
inches wide;
(4) Two directional signs, one delineating the
drive-thru aisle, located adjacent to the
aisle's entry, and the other at the aisle's end
indicating "do not enter";
(5) One monument sign, 6 feet tall with a sign face
area of 20 square feet, located adjacent and
west of the Palomino Drive drive -way access;
and
(6) Replacement sign face on the existing monument
sign located on Diamond Bar Boulevard.
(e) The proposed signs are not in substantial conflict
with the adopted General Plan.
The General Plan requires that a sign concept
address the following: scale in relationship to the
building; landscaping; and readability. It also
dictates that the concept ensure integration into
the overall site and architectural theme of the
site's development.
The proposed signs' scale and placement allows for
easy readability and a clear line -of -site for
traffic traveling along Palomino Drive and Diamond
Bar Boulevard and entering and exiting the site.
The clear line -of -site issue was reviewed and
confirmed by the Public Works Department. The
signs' design is compatible with the existing signs
within the shopping center and the surrounding
commercial areas.
(f) The proposed sign's will be legible to the intended
audience under normal viewing conditions, based on
their proposed locations and design of the signs
visual elements.
The proposed signs' placement allows for clear
identification of the Taco Bell restaurant when
traveling north and 'south bound on Diamond Bar
Boulevard, as well as when traveling on Palomino
Drive. Additionally, the type face style,
arrangement and colors against a white background
allow for easy reading.
(g) The proposed signs will not obscure from view or
detract from existing signs, based on their
3
5.
location, shape, color and other similar '
considerations.
The proposed signs will not obscure the view or
detract from existing signs because they comply with
the design standard within the City's Sign ordinance
and are compatible with the style, color and signs
within the commercial sites surrounding the project
site.
(h) The proposed signs will be in harmony with adjacent
properties and surroundings, based on the size,
shape, height, color, placement, and the proximity
of such proposed sign to adjacent properties and
surroundings.
The proposed signs' design is harmonious with the
eclectic collection of sign styles in commercial
centers within this area and the City as a whole.
(i) The proposed signs will be designed, constructed and
located so that it will not constitute a hazard to
the public.
The proposed signs' were reviewed by the Public
Works Division and comply with clear line -of -site
and directional requirements. Additionally, the
Building and Safety Division reviewed the sign
proposal. That Division's plan check review,
permit and inspections will ensure that the proposed
signs will not be a public hazard.
(j) The proposed signs are not designed to have the
advertising thereon maintained primarily to be
viewed from a freeway, unless specifically provided
for under the terms of this Sign Ordinance.
The proposed signs, although near a freeway will not
primarily be viewed from a freeway. The proposed
signs are primarily visible from Diamond Bar
Boulevard and Palomino Drive.
Based on the findings and conclusions set forth above,
the Planning Commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to site plan
elevation and written sign criteria collectively
labeled as Exhibit "A" dated December 9, 1997, as
submitted and approved by the Planning Commission.
(b) The site shall be maintained in a condition which is
free of debris both during and after the
construction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
4
subsequent to construction shall be done on-,,',, e
property owner, applicant or by a duly permitt`
waste contractor, who has been authorized by the i A
City to provide collection, transportation, and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Address numerals shall be added to the base of all
monument signs and address numerals shall comply
with the Fire Department requirements.
(d) Monument sign, menu board and speaker post shall be
engineered and designed for a maximum soil pressure
of 100 pounds and wind load of 80 miles an hour with
an exposure of "C".
(e) The following information shall be submitted to the
Building and Safety Division for review and
approval:
(1) Location of disconnect switch;
(2) Method of the electric sign attachment to sign
base; and
(3) Verification of U.L. approval.
(f) Monument sign and menu board shall not exceed a
height of six feet.
(g) Menu board speaker shall not emit a volume that
exceeds 61 dBA at a distance of 16 feet from the
speaker.
(h) Applicant/property owner shall replace sidewalk and
drive -way apron adjacent to the restaurant site,
proposed monument sign and Palomino Drive.
(i) The applicant shall comply with Planning and Zoning,
and Building and Safety Division's and Public Works
Department's requirements.
(j) This grant is valid for one year and construction
shall commence (i.e. footings) within this one year
period or the grant shall expire.
(k) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
5
44
effective until the permittee pays remaining CityV
processing fees.
(1) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Pete Capriotti, Cotti
Foods Corporation, 25 Mauchly, Suite 321, Irvine, CA
92618, and Diamond Bar Associates, 17853 Santiago
Boulevard, Suite 107-295, Villa Park, CA 92618.
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 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 9th day of December,
1997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Community Development Director
2
i l; 05t 113^, Ire: it
COW Fuvds Cvrporatrun
A Frarcr:..ee of Ta;* BSI;
25
"w:ne, Ca;,forn:a 926
Telephone 7 14 72' '• ,
Fax. 714 77 3052
November 3, 1997
City of Diamond Bar
Community Development Department.
21660 E. Copley Drive
Suite 190
Diamond Bar, Cry. 91763-4177
RF: Planned ign application
j`Il T7lJ P02
The purpose of'this letter is t.1 Outline and make clear thea proposed signage
for the Taco Sell located at. 218 South :D.iarttond Bar Boulevard in the city of
Diamond Bar. We would like to cn'stall two 20 square foot wall signs on the
tower at the corner of the building- Each sign will have a height of 5' 7" and
a Nvidth of 3' 9", We also are, reque sl'. ng an exterior drive-thru nienu board
with speaker post. The menu boars: will ire a holght of 5' 0" and width oi' 4'
3'
11"with speaker pont height of TFand width of 1'0', 'i he combined square
footage of the menu board and spe}tker post will be approximately 26 square
feet. The directional Figns which would be required to direct people in and
out. of the drive-thru area will be 1'4" by 3'')" and approx.iinately 3 square
feet. On Palomino, at the entrance to the Taco Bell parking lot, we propose a
22.75 square foot monument sign which would be 5' T in height by 3' 9" in
width sitting approxim ateiy one foot from the g ol.wd. There is an existing
20 square foot monument sign located on Diamond Sar Boulevzrd that we
will be refacing.
I hope that this clearly illustrates W} ,�]t c�rFnre attempting to do with signage
at 218 South Diamond Bar Boulevard- IfYou have any questions, please feel
free to contact myself it wI,'viCG. Thank vou verb• much.
Cordia
4
Pe er Caprieftl 11
President
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AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNERS:
SUMMARY
City of Diamond Bar
PLANNING COMMISSION
Staff Report
8.1
December 1, 1997
December 9, 1997
Tentative Parcel Map 22987
A request for a parcel map to
subdivide an existing parcel into 3
lots for existing and future
commercial development.
259 Gentle Springs Lane
C.T.K. Inc.
8880 Benson Ave. Suite 100
Montclair, CA 91765
SX Diamond Bar, A Calif. Corp.
259 Gentle Spring Lane, Suite 134
Diamond Bar CA 91765
The: proposed subdivision is authorized by the Subdivision Map Act and the
Subdivision Code Chapter 21.40. No new development is proposed in
conjunction with this subdivision at this time. The proposed subdivision will
not impact or alter the appearance of the site or the surrounding area as
the majority of the site development is in place. Conditions of approval
requiring mutual access easements and shared parking are provided to insure
1
that on-site circulation continues to function in an integrated manner.
Conditions are also included requiring the maintenance and repair of Gentle
Springs Lane, and the applicant's fair share contribution to a planned traffic
signal at the intersection of Gentle Springs Lane and Diamond Bar Boulevard.
The resulting subdivision will not alter the appearance of the site, the
pattern of development in the area or result in traffic impacts. The City
will benefit from the improved appearance of Gentle Springs Lane and the
applicant's contribution to the cost of the traffic signal. Staff therefore
recommends approval of this project as conditioned.
BACKGROUNDMISTORY
The property owner, SX Diamond Bar and the applicant, Carl Kobbins are
requesting approval of a parcel map to subdivide a 5.02 acre site into 3
lots. The project site is located on the west side of Gentle Springs Lane,
south of Diamond Bar Blvd. The site is currently developed with a 96
room motel with accessory buildings and a restaurant. A vacant one acre
pad lies to the southwest of the motel.
The development of this site was approved in 1984 by the County of Los
Angeles through CUP 2441-0). In addition to the motel and restaurant,
approval was granted for a 2 story, 21,000 square foot office building, on
what is currently proposed as Lot 3. While the office was not constructed,
the CUP was exercised when the motel and restaurant were developed, and
therefore the conditions of approval for CUP 2441-0) are applicable to the
entire site.
In October of 1991, a parcel map was submitted requesting generally the
same subdivision that is currently proposed. The Planning Commission
recommended approval of this project but it was withdrawn by the applicant
prior to the approval's finalization. Along with a parcel map, a Conditional
Use/Parking Permit was processed to ensure that reciprocal access
easements and shared parking agreements were recorded. Staff has
determined that these issues may be adequately addressed through the
parcel map process, mutual access easements and conditions requiring the
applicant to obtain a Parking Permit for shared parking.
SITE DESCRIPTION
The site is relatively flat and slopes downwards towards the freeway to the
west. Easements on the site consist of a flood hazard easement along the
westerly property boundary traversing the entire length of the site, and a
sewer easement. The right to restrict vehicular ingress and egress from
Prospectors Road has been dedicated to the County of Los Angeles.
The General Plan designation for this site is General Commercial (C) which
is applied to areas of the City to provide for "regional, freeway -oriented,
2
and/or community retail and service commercial uses." The site is located
in the Commercial Planned Development (CPD) zone.
The site is currently served by Gentle Springs Lane, a private street, which
also serves the condominiums to the southeast of the subject site. The
parcel is bounded by Prospectors Road to the southwest and the SR 60/57
interchange extends along the westerly property line. The parcel directly to
the north is developed with a restaurant. The surrounding properties are
within the (CPD) zone.
PROJECT DESCRIPTION
The Subdivision Code Chapter 21.40 authorizes the City to process tentative
maps in accordance with the Subdivision Map Act. The Subdivision Map
Act requires a parcel map for the subdivision of land into four or fewer
lots. The proposed parcel map is requesting the subdivision of a 5.02 acre
site into three developable parcels for current and future commercial
development. Lot 1 is 1.32 acres and contains an existing restaurant, Lot
2 is 2.70 acres and is the site of an existing 96 room motel, Lot 3 is 1
acre consisting of vacant land with a graded, landscaped pad. The
improvements on Lot 3 site consist of an existing access to Gentle Springs
Lane and an emergency access to Prospectors Road.
Lot Size and Configuration
The General Plan does not establish minimum lot sizes and there are no
requirements within the standards for the CPD zone. The proposed
Development Code establishes minimum lot sizes of 6,000 square feet for
the C-1 and C-2 zone and 10,000 square feet for the C-3 zone. There
will be no CPD development standards once the proposed Code is adopted
and the future zoning designation has not yet been established. However,
this site will have a commercial zoning designation consistent with the
General Plan and therefore the minimum lot size will fall within this range.
The surrounding parcels vary in size, from the larger developments containing
the K -Mart and Von's, to the smaller individual lots containing the Pizza Hut
and the Hong Kong Palace restaurants.
When a large parcel is subdivided, fragmented development may occur as
lots are developed individually with separate parking lots and driveways. If
there is a lack of coordination in development this can potentially result in
traffic impacts, on-site circulation problems and a lack of continuity in the
streetscape. However, the majority of the project site has already been
developed and the parking and driveways are already in place. The mutual
access easements and the requirements for a Parking Permit for shared
parking will ensure that the site continues to function as an integrated
development even if the lots are legally separated. Therefore, the proposed
subdivision will not have a substantial impact or change the pattern of
development within this area.
9
Parkin
There are 270 parking spaces on the site, with 95 spaces on Lot 1, 165
spaces on Lot 2 and 10 spaces on Lot 3. Lot 1 contains a restaurant.
Required parking for restaurants is based on occupancy, with one space
required for every three occupants. Based on the Building and Safety
Division's analysis of the restaurant's floor plan, it has an occupancy of
338, requiring 113 parking spaces. Lot 2 contains the motel, which has
96 rooms. Code requirements for motels are one space for each guest
room, therefore 96 spaces would be required. Based on the Code, the
motel has more spaces than required and the restaurant has less. However,
because of the restaurant's proximity to the motel there is adequate parking
in close proximity to the restaurant. In order to accommodate this
discrepancy, a condition of approval has been included requiring the applicant
to obtain a Parking Permit establishing shared parking between the lots prior
to finalization of the parcel map.
There is no development currently proposed for Lot 3 and it is therefore not
known precisely how many parking spaces would be required when the site
is developed. However, specific conditions of approval were included within
CUP 2441-0) limiting development of this site to an office complex, a
restaurant and a motel, and prohibiting a fast food restaurant or coffee
shop. An additional condition restricts the office complex to business and
professional offices, thereby prohibiting medical offices. Further, the site
plan approved for CUP 2441-0) included a footprint for a 21,000 square
foot two story office building on this pad. Based on this information and
on the Code requirements of 1 parking space for every 400 square feet of
floor area, an of office building of this size would require 53 parking
spaces.
Based on the current Code requirements, the restaurant and the motel
require 208 of the 270 spaces with 62 spaces remaining. If 53 parking
spaces are required for an office use on this site there are an adequate
number of spaces. However, as Lot 3 is proposed, there are only 10
parking spaces on the lot and shared parking must be provided through the
required Parking Permit.
Development of Lot 3
In addition to the limitation on development of Lot 3 to an office building
for business and professional offices, CUP 2441-0) applies further conditions
to this site. These include the requirement for a 15 foot buffer area
between the condominium and a limitation on development of this site to
40% of the gross area.
Any future development would be subject to these conditions in addition to
the requirements of the General Plan and CPD zone. At a minimum future
4
development of this site would be subject the Development Review process.
11` any development other than that approved by CUP 2441-(1) is proposed,
the applicant would be required to process a request for a revision to the
CUP.
Traffic Signal
CUP 2441-(1) also included a condition of approval requiring the applicant to
enter into an agreement with the County providing for the installation of a
traffic signal at the intersection of Diamond Bar Blvd. and Gentle Springs
Lane "should traffic conditions warrant." At the December 2, 1997 City
Council meeting a contract was awarded for the construction of a traffic
signal at this location. A condition of approval has been included requiring
the applicant to contribute a fair share amount of $6,500 to the
construction of this traffic signal prior to final map approval.
Street Improvements
Gentle Springs Lane, which is a private roadway is currently in poor
condition. In order to address this issue a condition of approval has been
included requiring the repair and reconstruction of all broken and damaged
curb, gutter, sidewalk and street paving prior to approval of the final map.
Access to Prospectors Road
The original parcel map for this site (15547) contains a note on the map
stating that the right to restrict vehicular ingress and egress on Propectors
Road is dedicated to the County of Los Angeles through recorded
instruments. A condition of approval of CUP 2441-(1) contains the same
requirement. There is currently an emergency access which is located on
the Proposed Lot 3 adjacent to Prospectors Road. The access is gated and
only the Fire Department has access to the site via that entrance. The
parcel map is not intended to amend those conditions. A condition of
approval has been included requiring the continued prohibition of access to
Prospectors Road from this site and, subject to Fire Department approval,
the abandonment of the driveway on Prospectors Road and replacement with
curb and gutter has also been conditioned.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the terms of the California Environmental Quality Act (CEQA),
the City has determined that this project is Categorically Exempt from the
provisions of CEQA, pursuant to Section 15315.
5
PUBLIC NOTIFICATION
Notification of the public hearing for this project has been made in the San
Gabriel Valley Tribune on November 28, 1997 and Inland Valley Daily
Bulletin newspapers on November 30, 1997. 180 property owners within a
500' radius of the project site were notified by mail on November 28,
1997.
RECOMMENDATION:
The staff recommends that the Planning Commission recommend that the
City Council approve Tentative Parcel Map 22987 subject to the Conditions
of Approval contained within Planning Commission Resolution 97 -XX.
PREPARED BY: J
Catherine Johnson, Senior Planner
ATTACHMENTS:
Application
Plans
Draft Planning Commission Resolution of Approval #97 -XX
2
'v CITY O- ')LkNIOND BAR
COMMUN DEVELOPMENT DEPARTMENT Case#
, .; 21660 E. Copley Drive, Suite 190 FPL # z .
(909)396-5676 Fax (909)861-3117 Deposit $
SUBDIVISION APPLICATION Receipt/t a►eq-
'���—
Date Recd /_
Record Owner
Name SX Diamond Bar
(Last name first)
Address259 Gentle Springs
ane
city_ Diamond Bar, CA
Zip_ 91765
Phone( )909 861-1755
Applicant
Kobbins, Carl
(Last name first)
8880 Benson Ave. #100
Montclair CA
91763
Phone( )909 949-1791
Applicant's Agent
(Last name first)
----------------
Phone( )
NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the
principals involved during the processing of this case.
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
director.; of
Consentr �ce l G/%y�wner ojlhe herein descriLed ra e i p P rty and permit the applicant to file thin request.
Signed Vice President
( record owners) Date Au $ • 15 , '
1997
Ce,fificatiOW 1, the undersigned, hereby certify under penalty of perjury that thei
nformation hereinProvided i
correct to the best of my knowledge.F s
Print Name Carl T. Kobbins, Jr.
dlicant or Agent)
Signed (/�
,Applicant er�tgcnt) Date Aug . 15, 1997
Location- 8880 Benson Ave. , #100, Montclair, CA 91763
(Street address or tract and lot number)
between
(Street)
and
(Street)
Zoning_ CPD
HNM
Previous Cases CUP 2441 Los Angeles County; CUP 91-10 Diamond Bar
Present Use of Site Commercial
Use applied for C omme r c i a l
Domestic Water Source Walnut Water District
Company/District
Method of Sewage Disposal FI) Qt t G
Sanitation District 1-.eg /9^'5Ett:s Cc a r ��
Grading of Lots by Applicant? YX ES NO Amount
(Show necessary grading design on site plan or tent. map)
LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach
legal description of exterior boundaries of area subject to the change.)
LOT 1 PARCEL MAP NO. 15547 RECORDED IN BOOK 172 PAGES 59-60 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA
Project Site: 5.02
Gross Area
Lots: Existing 1
Area devoted to : Structures 3 2 9 0 0
Residential project
Proposed Density
Gross Area
Tentative Map Number 22987
Proposed 3
Open Space 185771
and
Units/Acre
Number and types of Units
Residential Parlang: Type Required Provided
No. of floors
Total
PLANNING COMMISSION
RESOLUTION NO. 97-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE
SUBDIVISION OF A 5.02 ACRE SITE INTO THREE LOTS FOR
CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259
GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners, SX Diamond Bar and the applicant,
CTK Engineers and Land Surveyor have filed an application
for Tentative Parcel Map (TPM) 22987 as described above
in the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit and
Development Review shall be referred to as the "Applica-
tion."
2. 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, including the
subject Application, within the City of Diamond Bar.
3. 'On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
February 25, 1997 conducted a duly noticed public hearing
on the Application.
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on November 28, 1997,
and November 30, 1997, respectively. 180 property owners
within a 500 foot radius of the project site were
notified by mail on November 28, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
1
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 determines that the
project identified above in this Resolution is
Categorically Exempt from the requirements of the
California Environmental Quality Act. of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to Section 15303 of Article 19 of Chapter
3 of Division 13 of Title 14 of the California Code
of Regulations.
3. The Planning Commission hereby specifically finds
and determines that, having considered the record as
a whole including the findings set forth below, and
changes and alterations which have been incorporated
into and conditioned upon the proposed project set
forth in the application, there is no evidence
before this Planning Commission that the project
proposed herein will have the potential of an
adverse effect on 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.
4. Based on the findings and conclusions set forth
herein, this Planning Commission hereby finds as
fol lows:
(a) The project relates to a partially developed
site, 5.02 acres in size located at 259 Gentle
Springs Lane.
(b) The project site has a General Plan land use
designation of General Commercial (C). It is
within the Commercial Planned Development (CPD)
zone.
(c) Generally, the following uses surround the
project site: to the west is the freeway, to
the south is multi -family development and to
the north and east is commercial development.
(d) The proposed project is a request for the
subdivision of a 5.02 acre site into 3 parcels
for existing and future commercial development.
2
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 determines that the
project identified above in this Resolution is
Categorically Exempt from the requirements of the
California Environmental Quality Act. of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to Section 15303 of Article 19 of Chapter
3 of Division 13 of Title 14 of the California Code
of Regulations.
3. The Planning Commission hereby specifically finds
and determines that, having considered the record as
a whole including the findings set forth below, and
changes and alterations which have been incorporated
into and conditioned upon the proposed project set
forth in the application, there is no evidence
before this Planning Commission that the project
proposed herein will have the potential of an
adverse effect on 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.
4. Based on the findings and conclusions set forth
herein, this Planning Commission hereby finds as
follows:
(a) The project relates to a partially developed
site, 5.02 acres in size located at 259 Gentle
Springs Lane.
(b) The project site has a General Plan land use
designation of General Commercial (C). It is
within the Commercial Planned Development (CPD)
zone.
(c) Generally, the following uses surround the
project site: to the west is the freeway, to
the south is multi -family development and to
the north and east is commercial development.
(d) The proposed project is a request for the
subdivision of a 5.02 acre site into 3 parcels
for existing and future commercial development.
2
(e) The proposed Tentative Parcel Map will not be
in substantial conflict with the adopted
General Plan. The General Plan provides for a
variety and mix of land uses and accessory uses
necessary for the health, safety, comfort and
convenience of the community. The existing and
future development of. the site will be
commercial and office development. Therefore,
the proposed facility is consistent with the
General Plan and is further authorized pursuant
to the Subdivision Code, Section 21.04.020.
(f) The proposed project will not:
(1) Adversely affect the health, peace,
comfort or welfare of persons residing in
the surrounding area in that there will
be no new development proposed at this
time, mutual access easements and a
Parking Permit are required to insure
that parking and access to the site are
maintained at their current levels; or
(2) Be materially detrimental to the use,.
enjoyment or valuation of property of
other persons located in the vicinity of
the site in that there is no modification
of the development of this site and all
future development will be as authorized
by the original approval which was found
to be compatible with the existing and
surrounding development.
(3) Jeopardize, endanger or otherwise
constitute a menace to public health,
safety or general welfare for the
following reasons: The proposed
subdivision has been reviewed by the
Planning, Building and Safety and
Engineering Divisions and the Fire
Department. Conditions have been applied
by each of these bodies to ensure that
there is adequate maintenance of the
streets, that parking and circulation
impacts are addressed and that any future
development on this site is in compliance
with all previous entitlements and
current Code requirements.
(g) The proposed site is adequate in size and shape
to accommodate development features prescribed
in this approval to.integrate the use in the
surrounding area. There is no development
3
go
proposed in association with this approval at
this time. The project has been reviewed and
conditioned to insure that the subdivision of
this site will have adequate infrastructure and
parking and access now and in the future.
(h) The project site is adequately served:
(1) By highways or streets of sufficient
width and improved as necessary to carry
the kind and quantity of traffic such use
would generate. The project is
adequately served by Gentle Spring Lane
and Diamond Bar Boulevard. Any future
development on Lot 3 will require a
traffic study to insure that there is
adequate roadway capacity to accommodate
any future intensification of
development.
(2) By other public or private service
facilities as are required. All
infrastructure is in place on this
project. Any future development on this
site will be subject to further
discretionary review by the City of
insure that there are adequate services
provided to this site.
Based on the findings and conclusions set forth
above, the Planning Commission hereby approves the
Application subject to the following conditions:
(a) The project shall substantially conform to
plans collectively labeled as Exhibit "A" as
modified, dated December 9, 1997, as submitted
and approved by the Planning Commission.
(b) The site shall be maintained permanently in a
condition which is free of debris both during
and after the construction, addition, or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse, whether during or subsequent to
construction shall be done only by the property
owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City
to provide collection, transportation, and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
4
Diamond Bar to provide such services.
(c) The applicant shall comply with all State, CPD
Zone, Public Works Department and Building and
Safety Division requirements.
(d) This grant is valid for two years. A one year
extension may be requested in writing and
submitted to the City 30 days prior to the
expiration date.
(e) This grant shall not be effective for any
purpose until the permittee and owner of the
property involved (if other than permittee)
have filed, within fifteen (15 ) days of
approval of this grant, at the office of
Diamond Bar Community Development Department,
their Affidavit of Acceptance stating that the
applicant/owner is aware of and agrees to all
conditions of this grant. Further, this grant
shall not be effective until the permittee pays
any remaining City processing fees.
(f) If the Department of Fish and Game determines
that Fish and Game Code Section 711.4 applies
to the approval of this project,
applicant shall remit to the City, within five
days of this grant's approval, a cashier's
check, payable to the County of Los Angeles, of
$25.00 for a documentary handling fee in
connection with Fish and Game Code
requirements. Furthermore, if this project is
not exempt from a filing fee imposed because
the project has more than a de minimis impact
on fish and wildlife, the applicant shall also
pay to the Department of Fish and Game any such
fee and any fine which the Department
determines to be owed.
(g) Prior to final map approval the applicant shall
record mutual access easements between Lots 1,
2 and 3 to the satisfaction of the Planning
Division and the City Engineer.
(h) Prior to final map approval the applicant shall
obtain a Parking Permit for d parking
to
the site between Lots 1, andsubject
review and approval by the Planning Division.
(i) All future development on the subject site
shall be subject to the conditions of approval
for CUP 2441-(1). Development other than that
authorized by this entitlement shall require
5
revision of the CUP, subject to approval by the
Planning Commission.
(j) The Plans shall conform to State and Local
Building Codes, Plumbing Code, Mechanical Code
and 1993 edition of the National Electrical
Code as well as the State Energy Code.
(k) All existing easements must be shown on the
approved tentative parcel map. This includes
the locations, owner, purpose, and recorded
references for all existing easements. If an
easement is blanket or indeterminate in nature,
a statement to that effect must be shown on the
tentative map in lieu of its location.
(1) Any new or required easements shall be shown on
the tentative parcel map and shall be subject
to the approval of the City Engineer.
Easements shall not be granted or recorded
within areas proposed to be granted, dedicated
or offered for dedication for public streets,
highways, access rights, building restriction
rights or other easement.
(m) The distance from the proposed lot/parcel lines
to the building which are to remain must be
shown on the final map. If such distance
create non -conforming conditions under the
City's Subdivision Codes/Zoning Ordinance
requirements, the lot/parcel lines shall be
relocated or the non -complying conditions of
the buildings shall be corrected prior to final
map approval.
(n) Driveways and multiple access strips shall be
labeled as "Private Driveway and Fire Lane" and
delineated on the final map to the satisfaction
of the City.
(o) Prior to final map approval, a written
certification from Walnut Valley Water
District, GTE, SCE, the Gas Company and Century
Intercable stating that adequate facilities are
or will be available to serve the proposed
project shall be submitted to the City. Said
letter shall be issued by the utility company
at least 30 days prior to final map approval.
(p) A final parcel map, in accordance with the
requirements of the Subdivision Map Act, must
be processed through the Engineering Department
A
and approved prior to recordation.
(q) A verification letter from the Los Angeles
County Fire Department indicating that all
their conditions have been met must be
submitted to the City prior to final map
approval.
(r) The developer shall place a note on the final
map to abandon vehicular rights to Prospectors
Road in the owner's statement.
(s) The proposed lots as shown on the tentative map
shall be annexed into the City's Lighting and
Landscaping Assessment District 38.
(t) New centerline ties set as part of this
subdivision must be approved by the City
Engineer prior to final map approval. New
boundary monuments set as part of this
subdivision must be inspected to the
satisfaction of the City Engineer prior to
final map approval. If this work is not
completed prior to final map approval, a surety
bond shall be posted with the City guaranteeing
the installation of centerline ties and
boundary/survey monuments.
(u) All survey monuments, centerline ties and
survey reference points shall be protected in
place or reestablished where disturbed. This
work is the responsibility of the subdivider
and shall be done at the subdivider whole
expense.
(v) If any required improvements have not been
completed by the developer and accepted by the
City prior to the approval of the final map,
the developer shall enter into a subdivision
agreement with the City and shall post the
appropriate securities.
(w) Prior to any improvements made, appropriate
permits shall be obtained and fees paid. this
includes all construction work and survey work
to be completed.
(x) Subject to approval by the Los Angeles County
Fire Department, the driveway on Prospectors
Road shall be replaced with curb, gutter and
sidewalk.
7
(y) Vehicular access to Prospectors Road shall be
prohibited for the proposed subdivision.
Existing gates adjacent to Prospectors Road
shall remain closed and secured at all times.
Los Angeles County Fire Department emergency
access shall comply with County standards.
(z) Prior to final map approval, the
Subdivider/Applicant shall contribute a fair
share amount not to exceed $6,500 for the
construction of the traffic signal at the
intersection of Diamond Bar Boulevard and
Gentle Spring Lane.
(aa) Prior to the development of Lot 3, a traffic
study will be required to the satisfaction of
the City Engineer. The developer shall comply
with any additional requirements, if any as a
means of mitigating any traffic impacts as
identified in the traffic study approved by the
City.
(bb) Prior to final map approval, all broken or
damaged curb, gutter, sidewalk and asphalt
concrete pavement on the street within or
abutting the subdivision must be removed and
reconstructed. If these improvements are not
completed by the developer and accepted by the
City prior to final map approval, the develop
shall post security in an amount to be
determined by the City not to exceed the cost
of the improvements. All improvements shall be
maintained in good repair in compliance with
the City's Property Maintenance regulations.
(cc) All existing sewer easements must be shown.
The location ofany new easements must be
identified and is subject to review and
approval by the City Engineer.
(dd) Each lot/parcel must be served by a separate
and independent sewer lateral. Sewer laterals
shall be constructed in accordance with the Los
Angeles County Department of Public Works
Standards.
(f f) Each Lot shall maintain and provide adequate
on-site drainage.
(gg) Access shall comply with Section 902 of the
Fire Code which requires all weather access.
(hh) Fire Department access shall be- extended to
8
within 150 feet of any exterior portion of all
structures.
(ii) Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection shall be designed,
constructed and maintained to insure their
integrity for Fire Department use. Where
topography dictates, turnarounds shall be
provided for driveways which extend over 1501.
(jj) A copy of the document reciprocal access
easements for ingress on Lots 1-3 shall be
provided to the Fire Department.
(kk) The required fire flow for public fire hydrants
at this location is 5,000 gallons per minute at
20 psi for a duration of 5 hours, over and
above the maximum daily domestic demand. Three
(3 ) f ire hydrants f lowing simultaneously may be
used to achieve the required fire flow.
(11) The applicant shall submit the final map to the
Fire Department showing the location of all
existing fire hydrants on site.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to SX
Development, 259 Gentle Spring Lane, Suite 134,
Diamond Bar CA 91765 and CTK Inc., 8880 Benson
Avenue, Suite 100, Montclair, CA 91763.
APPROVED AND ADOPTED this 9TH DAY OF DECEMBER, 1997,
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Ruzicka, Chairman
0j
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 9TH day
of December, 1997, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
10
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner
SUBJECT: Continued public hearing for Vesting Tentative
Tract Map No. 50314, Zone Change No. 96-1,
Conditional Use Permit No. 96-1 and Oak Tree
Permit No. 96-1
DATE: November 25, 1997
The referenced project was presented to the Planning Commission on
July 22, 1997. At that time, the public hearing was opened.
Comments were received on the Draft Environmental Impact Report
No. 97-1 (SCH 96-071104) and the project entitlements. The public
hearing was continued to August 12, 1997 to allow staff, City
consultants and applicant the opportunity to address the
Commission's concerns regarding responses from the United States
Department of the Interior Fish and Wildlife Service (USDFWS) and
the California Department of Parks and Recreation (CDP&R). On
August 12, 1997, the Commission directed staff to meet with USDFWS
and CDP&R.
However due to the need for additional time to arrange this
meeting, the applicant's requests and other commitments of the
consulting staff, the public hearings were continued to August 26,
1997, September 9, 1997, September 23, 1997, October 14, 1997,
October 27, 1997, November 12, 1997 and December 9, 1997.
Staff, the City's environmental consultant, Michael Brandman
Associates, USFW and CDP&R met on September 25, 1997. A summary
of the concerns addressed at this meeting is presented in a
correspondence dated October 20, 1997 (see attachments) from
Michael Brandmand Associates.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend
certification of Draft Environmental Impact Report No. 97-1 (SCH
96-0711.104) and recommend approval of VTTM 50314, Zone Change No.
96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1
and Mitigation Monitoring Program.
Attachments:
1. Draft Resolution recommending conditional approval of VTTM
NO. 50314, Zone Change No. 96-1, and Mitigation Monitoring
Program, and recommending certification of Environmental
Impact Report NO. 97-1 (SCH NO. 96-071104;
2. Draft Resolution recommending conditional approval of
Hillside Management and Significant Ecological Area
Conditional Use Permit No. 96-1 and Oak Tree Permit No. 96-1;
and
3. Correspondence from Michael Brandman Associates dated October
20, 1997 addressing the concerns of the USFWS and CDP&R.
ONNO
NOON
Michael Brandman Associates
October 20, 1997
James DeStefano
City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, California 91765
F;{:
r;T; p; C.iAHJ;lti
PLaG., r L UU., tnGti.
ENVIRONMENTAL SERVICES • PLANNING 1d,�Tl' �LF.SO %RCFSN 1ANA ENI ENT
9 (Cr 1 119.5
SUBJECT: Vesting Tentative Tract Map (VTTM) 50314
Dear Mr. DeStefano:
Michael Brandman Associates (MBA) met with the U.S. Fish and Wildlife Service (USFWS), California
Department of Parks and Recreation (CDP&R), the project applicant (JCC Homes), the applicant's consultant
(Hunsaker &. Associates), and City staff (Ann Lungu) on September 24, 1997 at the City of Diamond Bar. The
purpose of the meeting was to discuss USFWS and CDP&R comments on the Draft EIR for VTTM 50314 and
MBA's responses to their comments.
Bob James with USFWS stated that he and CDP&R staff (Doreen Ferguson and Geary Hund) had viewed the
project site on September 24, 1997, from Steeple Chase Lane, Wagon Train Lane, and from the adjoining
property; Tract 47850, just west of Lot 1 in VTTM 50314. The following issues were discussed during our
meeting.
-California Gnatcatcher
USFWS and. CDP&R are concerned that inadequate amount of time was spent on the project site to determine
the presence/absence of the California gnatcatcher (CAGN). Mr. James recommended that protocol CAGN
surveys be conducted to provide an additional level of confidence to USFWS that the CAGN was absent from
the project site.
MBA explained the methodologies dour past biological surveys that were conducted for the City of Diamond
Bar in the project area and identified that MBA's most recent surveys in the project area prior to the surveys
conducted on VTTM 50314 were conducted for Tract 47850 which is located immediately to the west of the
project site. Three surveys were conducted between October 20, 1994 through December 2, 1994, for Tract
47850. All three surveys were general reconnaissance surveys. Two of the three MBA biologists that surveyed
the 73 -acre site were permitted by the USFWS to survey for CAGNs. MBA concluded that CAGNs were not
expected to occur on Tract 47850 due to the lack of suitable habitat (i.e., large stands of coastal sage scrub) and
lack of any recorded sighting of a CAGN on or in the vicinity immediately surrounding Tract 47850.
MBA conducted two biological surveys in May and July of 1996 for VTTM 50314 as identified on page 2 in
Appendix D of the Draft EIR The project site had similar vegetation characteristics as Tract 47850. Prior to
the surveys, the MBA biologists reviewed the 1996 California Natural Diversity Data Base (CNDDB) for
15901 Red Hill Avenue, Suite 200, Tustin, California 92780-7318 714. 258. 8100 FAX 714.258.8900
1100 Glendon Avenue, Penthouse 18, Los Angeles, California 90024-3526 310.445.2370 FAX 310. 445 .2372
www.brandman.com
James DeStefano
October 20, 1997
Page 2
sensitive plant and wildlife species and reviewed the biological report prepared for Tract 47850. After the review
of the literature and completion of the onsite surveys, MBA concluded that CAGNs are not expected to occur on
the project site due to the lack of suitable habitat and lack of CNDDB records on and in the vicinity immediately
surrounding VTTM 50314. MBA recently conducted a third biological survey on VTTM 50314 on August 18,
1997 by Dr. Thomas Leslie who is permitted by the USFWS to conduct CAGN surveys. Dr. Leslie conducted
a general reconnaissance of the site by walking the entire site and concluded that CAGNs are not expected to
occur on the project site due to the lack of suitable habitat.
MBA informed USFWS that the previous literature search, previous field surveys in the project area, and the
onsite surveys provided adequate information to conclude that CAGNs are not expected to occur on the project
site, and therefore, protocol surveys for the CAGN were not recommended.
Sensitive Plant Species
USFWS and CDP&R were concerned about the amount of time spent on the project site to identify sensitive plant
species. Mr. James recommended that focused surveys be conducted for three sensitive plant species; many -
stemmed dudleya, Catalina mariposa lily, and the federally -endangered Braunton's milkvetch.
MBA informed USFWS and CDP&R that the CNDDB and the EIR for 47850 were reviewed prior to the onsite
surveys. The EIR for 47850 discussed all three plant species; two of the plant species (many -stemmed dudleya
and Braunton's milk -vetch) were unlikely to occur on Tract 47850 due to the lack of suitable habitat. However,
suitable habitat was found throughout the site for the Catalina mariposa lily. As a result, the MBA biologist were
aware of the potential for these three sensitive plant species to occur in the project area prior to surveying VTTM
50314.
The surveys for VTTM 50314 were conducted during the blooming periods of the three sensitive plant species
on May 8, 1996, and July 31, 1996. These surveys were conducted during the blooming period so that the
sensitive plant species that potentially occur on the project site would have been both present and identifiable.
After completion of the two surveys, sensitive plant species were not observed on the project site. The time spent
(18 hours) on the 44 -acre project site, as well as the offsite areas (approximately 9 acres) during the two surveys
was determined adequate by MBA to observe potential sensitive plant species. As an example, the USFWS
protocols for CAGN surveys allow 80 acres to be surveyed between 6 a.m. and 12 noon; therefore, 18 hours to
survey 53 acres for blooming plants that are visibly recognizable is adequate. Based on the literature review and
field surveys, these three sensitive plant species are not expected to occur on the project site.
Sensitive -Wil dl iftSpecies
USFWS and CDP&R were also concerned with the amount of time spent on the project site to adequately identify
the presence/absence of sensitive wildlife species. The USFWS and CDP&R recommended that additional
surveys should be conducted for sensitive wildlife species such as the San Diego horned lizard, mule deer,
loggerhead shrike, and the Northern harrier.
MBA reiterated that the surveys that were conducted on the project site were of adequate duration to assess the
potential presencelabsence of sensitive wildlife species. The surveys conducted on the project site in May and
July of 1996 were during the optimal survey period (April - August) for the San Diego homed lizard. As stated
previously, Dr. Leslie also visited the project site on August 18, 1997, which is during the optimal survey period
James DeStefano
October 20,, 1997
Page 3
for this specifies. Dr. Leslie walked the project site and found no evidence of San Diego horned lizard species on
the project site. As stated on page 5 of the second addendum, mule deer have been observed on the project site.
Mule deer is recognized as a game species and a species of public interest; however, this species is not considered
to be a sensitive wildlife species. The loggerhead shrike and Northern Kamer are two species that may occur
onsite based on the onsite habitat; however, these species were not observed during the field surveys.
Furthermore, based on a review of the CNDDB on July 26, 1997, no sitings were recorded of the loggerhead
shrike and Northern harrier in the project vicinity.
Mitigation Measures
USFWS and. CDP&R are concerned that the mitigation measures that are recommended in the Draft EIR are not
adequate to reduce potential impacts associated with the implementation of the proposed project. Mr. James and
Mr. Hund stated that there should be no net acreage loss of habitat after implementing the recommended
mitigation measures.
MBA informed USFWS and CDP&R that based on a review of the potential significant impacts, mitigation
measures were recommended to reduce impacts to a level that is less than significant. The mitigation measures
are very similar to the measures that have been approved by the City of Diamond Bar for other nearby residential
tracts (i.e., Tracts 47850, 47851, 48487, and 51169) that are within Significant Ecological Area No. 15. The
measures to revegetate for the loss of walnut woodland habitat are based on the loss of oak and walnut trees. A
replacement ratio, that is consistent with the City -approved replacement ratio, has been recommended and the
replacement requires the establishment of understory habitat and not only trees. The Significant Ecological Area
Technical Advisory Committee has reviewed the mitigation measures and has determined that the measures are
adequate.
Subsequent to the September 24, 1997 meeting, MBA research the potential for all of the walnut woodland
habitat mitigation to be placed on the project site. Based on information provided by the applicant's landscape
architect and the mitigation requirements identified on pages 4-45 and 4-46 of the draft EIR, a minimum of
approximately 3.2 acres of offsite mitigation will be required. This offsite area will need to include a minimum
of 97 walnut trees, 49 oak trees, and understory to create a woodland habitat. Based on a discussion with City
staff, potentiial offsite locations for the woodland habitat include the following:
• Sycamore Park (upper canyon slopes)
• Peterson Park (slopes and ridgelines above and below play/picnic areas)
• Summitridge Park (slopes and ridgelines above and below play/picnic areas)
• Diamond Ranch High School (open space, manufactured slopes)
• Pantera Park (as permitted by active sports area)
• Boys Scouts of America Firestone Scout Ranch
As identified in Mitigation Measure 2 on page 4-45 of the draft EIR offsite locations for replacement oaks,
walnuts, and habitat shall be agreed upon by the California Department of Fish and Game and the City of
Diamond Bar prior to the issuance of a grading plan.
James DeStefano
October 20, 1997
Page 4
Visual Impact
Mr. Hund indicated that CDP&R is concerned with the visual impact of the proposed project from recently
acquired CDP&R property which is an extension of the Chino Hills State Park. The property extends north of
Carbon Canyon to the southern ridge that borders Tonner Canyon. This property is located approximately 2
miles south and approximately 1.5 miles southeast of the project site. There are a few areas of the property where
there are views of the project site. These viewpoints are located approximately 200 to 400 feet higher in elevation
than the project site. Furthermore, the newly acquired area does not have an approved public access plan;
however, hikers and mountain bike riders are permitted to travel along existing fire roads according to CDP&R
stag this newly acquired area would primarily be open space preserve and passive recreational uses. A few areas
of the newly acquired Chino Hills State Park also have a view of The County Estates residences, as well as the
steeply sloping terrain on the south facing slope of Tonner Canyon. Currently views of the project vicinity also
include the recently graded Tract 47850 and the current construction site of Tract 47851. Views of Tract 47850
includes approximately 47 acres of graded area. Views of Tract 47851 includes newly constructed residences
and revegetated areas with approximately 2 years of growth. The development of VTTM 50314 would continue
the current trend of constructing residences on the south facing slopes above Tonner Canyon. Public views of
the proposed project from the newly acquired area of Chino Hill State Park would visually experience an
extension of development from the currently developed ridgeline. The proposed project includes landform
grading and a landscape plan that would reduce potential visual impacts of onsite development. Due to these
project design features, (which were also included in the adjacent residential tracts), as well as the distance
between the newly acquired area and the project site. Views of the proposed project as well as the cumulative
developments that have occurred on the southern slopes of Tonner Canyon would not significantly affect the
visual experience of Tonner Canyon from the newly acquired area of Chino Hills State Park.
Wildlife Corridor
USFWS and CDP&R are concerned with the encroachment of development into Tonner Canyon and the potential
significant individual and cumulative effect on the use of Tonner Canyon as a wildlife movement corridor.
MBA described that the project site is located between two areas that are currently under development. Tract
47850 is currently being graded while Tract 47851 is under residential home construction. The project site does
not provide for movement of animals; however, the site does provide for wildlife use during their movement along
the Tonner Carryon wildlife corridor. The implementation of the proposed project will continue the reduction of
wildlife use along the south facing slopes of the primary movement corridor of Tonner Canyon. The project
includes approximately 31 acres of graded area which would contribute to the approximately 94 acres that have
been graded on Tracts 47850 and 47851 and 19 more acres that have been approved for grading on Tract 48487.
Each of the tracts, including the project site, have incorporated a revegetation plan that will provide the re-
establishment of habitat and oak/walnut trees on these tracts. With the implementation of the recommended
mitigation measures for the project site, as well as the implementation of mitigation measures for the adjacent
residential tracts, MBA has determined that the proposed project would not individually or cumulatively result
in a regionally significant impact on the movement of wildlife within Tonner Canyon.
James De:Stefano
October 20,1997
Page 5
If you have any questions regarding the September 24, 1997 meeting, please call me.
Sincerely,
MICHAEL BRANDMAN ASSOCIATES
Michael E. Houlihan, AICP
Senior Prciect Manager
MEH/ck
JN 09030022
PLANNING COMMISSION
RESOLUTION NO. 97 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF HILLSIDE MANAGEMENT AND SIGNIF-
ICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT
NO. 96-1 AND OAK TREE PERMIT NO. 96-1 FOR
VESTING TENTATIVE MAP NO. 50314, A 15 LOT
SUBDIVISION LOCATED SOUTHEAST OF THE MOST
SOUTHERLY INTERSECTION OF STEEPLECHASE LANE
AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners, Diamond Bar Associates and Julia
Tang and the applicant, Windmill Development Company have
filed an application for Vesting Tentative Map (VTTM) No.
50314, Hillside Management and Significant Ecological
Area (SEA) Conditional Use Permit No. 96-1, Oak Tree
Permit No. 96-1 and Zone Change No. 96-1 in order to
subdivide a 44 acre parcel into 15 lots for the eventual
development of 15 single family custom homes. The
project site is located southeast of the most southerly
intersection of Steeplechase Lane and Wagon Train Lane,
Diamond Bar, Los Angeles County, California, as described
above in the title of this Resolution. The request also
includes: a Conditional Use Permit for development within
an urban hillside management area and Significant
Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for
the removal of Oak trees (OT 96-1); and a Zone Change
conforming to the General Plan's land use designation for
the area and surrounding zoning (ZC 96-1) collectively
attached hereto as Exhibit "A" dated July 22, 1997,
Exhibit "B" and Exhibit "C" dated July 10, 1997.
2. 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, including the
subject Application, within the City of Diamond Bar.
3. The Planning Commission of the City of Diamond Bar on
July 22, 1997 conducted a duly noticed public hearing on
CUP 96-1 and OT 96-1. The public hearing was opened and
comments were received on the Draft Environmental Impact
Report No. 97-1 (SCH 96-071104) and on CUP 96-1 and OT
96-1. Then the public hearing was continued to August
12, 1997. On August 12, 1997 the public hearing was
1
continued to August 26, 1997 to allow theapplit
additional time to address the Commission's con.
Continued public hearings were then held on Augus'Q.,,
1997, September 9, 1997, September 23, 1997, October�-_%,
1997, October 27, 1997, November 12, 1997 and December X
1997. On December 9, 1997 the public hearing was closed.
4. Notification of the Application's public hearing has been
made in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers on June 26, 1997. Twenty-one
property owners within a minimum 500 foot radius of the
project site were notified by mail on June 25, 1997.
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 determines that the
project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 97-1 (SCH
96071104) has been prepared according to the California
Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Furthermore, this
Commission has reviewed the EIR in reference to CUP 96-1
and OT 96-1.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant parcel of
approximately 44 acres.
(b) The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
Dwelling Unit Per Acre). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square Feet (R-1-
20,000) and Heavy Agricultural -Minimum Lot Sized 2
Acres (A-2-2).
(c) Generally, the following zones surround the m�j°ect
site: to the north is the R-1-20,000 Zone; to thO__
south is the A-2-2 Zone; and to the east and we�t,is.
the R-1-40,000 Zone.
Conditional Use Permit
Hillside Management Area
(d) The proposed project is located and designed so as
to protect the safety of current and future
community residents, and will not create significant
threats to life and/or property due to the presence
of geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard.
The on-site effects from the development of VTTM
50314 will not result in any significant geologic,
seismic, slope instability, fire, flood, mud flow,
or erosion hazard because the project's grading plan
is consistent with the City's Hillside Management
ordinance and will be developed with the benefit of
appropriate City permits and inspections.
Slope instability will not occur due to the
introduction of project features like a shear key
and the removal of landslide areas along the western
facing slope. No active faults transect the project
site and the project site in not located in an
Alquist-Priolo Special Studies Zone. Therefore, the
potential for ground rupture does not exist.
Additionally, the expected ground shaking levels are
within the range of current engineering practices
for construction of habitable structures. There-
fore, the project is in an area that does not pose a
significant hazard when structures are designed in
according with the Uniform Building Code (UBC).
Structures for this project will comply with the
standards of the UBC through the City's permit
process.
The proposed project and the surrounding related
projects include existing and proposed storm drain
facilities to adequately convey runoff.
Additionally, the applicant will install landscaping
with appropriate irrigation, per the City's
approval, seven working days after completion of
grading. This will reduce potential erosion and
increase runoff. Additionally, an urban runoff
management plan will be prepared by a qualified
hydrologist to control and reduce the amount of
runoff generated by local precipitation events, to
the satisfaction of the City Engineer.
The proposed project will comply with the required
standards of the Los Angeles County Fire Department.
A fuel modification plan, appropriate access and
turnarounds for fire equipment, and fire hydrants in
3
appropriate location with adequate flow are
conditions of approval as specified by the Fire -
Department. It is these standards that will reduce-
the
educethe threat to life and/or property. ti
(e) The proposed project is compatible with the natural,
biotic, cultural, scenic and open space resources of
the area.
The compatibility of the proposed project with the
natural, biotic, cultural, scenic and open space
resources was reviewed through the EIR process. A
Biological reconnaissance survey and cultural
resource studies were taken according to industry
standards and practices. Additionally, scenic and
open space resources were reviewed.
The EIR incorporates a Mitigation Monitoring Program
(MMP) .which mitigates potential significant impacts
to the natural and biotic resources. The measures
within the MMP are based on the findings from the
biological resources survey and previously adopted
conditions by the City placed on projects containing
similar resources. A Mitigation Landscape Plan, a
condition of approval for this project, will
incorporate the necessary requirements to comply
with the mitigation measures, thereby ensuring this
project's compatibility with the areas natural and
biotic resources.
To reduce the impact on cultural resources, the MMP
incorporates measures such as an archaeologist and
Paleontologist present to monitor all clearing,
brushing and grading activities on the project site.
This will ensure that appropriate actions for the
exploration and/or salvage of the cultural findings.
The proposed project will be compatible with scenic
and open space resources. This compatibility is due
to the project's low density and retention of the
area's hillside character through landform grading
and the Revegetation Plan which will concentrate the
planting of vegetation in concave areas, similar as
in nature.
(f) The proposed project is conveniently served by
neighborhood shopping and commercial facilities, can
be provided with essential public services without
imposing undue costs on the total community, and is
consistent with the objectives and policies of the
General Plan.
Previously mentioned findings confirm that the
proposed project is consistent with the objectives
and policies of the General Plan. Pursuant to the
4
EIR, this project and area surrounding the project
is served by the Los Angeles County Fire and
Sheriff's Departments, as well as the Walnut Valley
Unified School District. The addition of 15 single
family homes is not expected to result in a
significant impact on these agencies. Additionally,
the applicant will provide their fair share for
infrastructure related to this project.
Furthermore, shopping and commercial facilities are
provided within approximately three miles of the
project site.
(g) The proposed development demonstrates creative and
imaginative design, resulting in a visual quality
that will complement community character and benefit
current and future community residents.
The proposed development demonstrates creative and
imaginative design through the utilization of the
standards and guidelines of the City's Hillside
Management ordinance; the varying shape lots with
irregular pad configuration; low density; the re-
tention of the area's hillside character through
landform grading and the Revegetation Plan, which
will concentrate the planting of vegetation in
concave areas, similar as in nature. All these
measures will complement the community's character
and benefit current and future community residents.
Significant Ecological Area
(h) The requested development is designed to be highly
compatible with the biotic resources present,
including the setting aside of appropriate and
sufficient undisturbed areas.
As referenced in finding 4(g), the requested
development is designed to be highly compatible with
the biotic resources present. Additionally, the
project's west facing slopes will provide a
"restricted use" area for the retention of
sufficient undisturbed area.
(i) The requested development is designed to maintain
water bodies, watercourses, and their tributaries in
a natural state.
Prior to the grading permit's issuance, a mitigation
plan addressing potential impacts on streambed,
wetlands, and riparian habitats shall be prepared by
the applicant in conjunction with an application of
a U.S. Clean Water Act, Section 404 permit from the
U.S. Army Corps of Engineers (USACE) and a State
Fish and Game Code, Section 1603 Streambed
Alteration Agreement with the California Department
of Fish and Game (CDFG). Through these agencies,
replacement of lost habitat values will occur.
Additionally, provisions to insure the long-term
preservation of habitat values are identified,
reviewed and approved by USAGE and CDFG.
These provisions will be implemented as soon as
practical following completion of the project's
grading.
(j) The requested development is designed so that
wildlife movement corridors (migratory paths) are
left in an undisturbed natural state.
Because the project area does not provide a link
between large blocks of wildlife habitat, it does
not function as a primary wildlife movement
corridor. However, it does provide a refuge and is
linked to the primary wildlife corridor in Tonner
Canyon. The loss of this refuge may be considered
locally important, but not significant regionally
because implementation of the proposed project is
not expected to substantially prevent or inhibit
wildlife movement in the Tonner Canyon area.
Additionally, the MMP incorporates measure with a
five year monitoring program, which will create and
protect a refuge for wildlife in the area.
(k) The requested development retains sufficient natural
vegetative cover and/or open spaces to buffer
critical resource areas from said requested
development.
As referenced in findings 4(g) (i) and (k), the MMP
and the Revegetation Landscape Plan and the riparian
habitat value replacement will ensure that the
proposed development retain sufficient natural
vegetation cover and/or open spaces to buffer
critical resource areas from the proposed
development.
(1) Where necessary, fences or walls are provided to
buffer important habitat areas from development.
Pursuant to the MMP and prior to the issuance of
grading permits, limits of proposed grading and con-
struction activities shall be delineated with eight
foot lengths of PVC pipe, mounted on a rigid steel
base for support. For this project, a buffer plan
using native plant species will be utilized for the
management of this edge condition. This buffer plan
will limit potential impacts to the natural areas by
screening development from wildlife, capturing
excess runoff from landscape irrigation, while
providing many plant species that are valuable to
wildlife.
C�
(m) The roads and utilities serving the proposed
development are located and designed so as not to
conflict with critical resources, habitat areas or
migratory paths.
The proposed road, Windmill Drive and utilities
serving the proposed development are a minimum of
400 feet from the open space area reserved for
critical resources. Therefore, conflict with
critical resources, habitat areas or migratory paths
are unlikely.
Oak Tree Permit
(n) The proposed construction or proposed use will be
accomplished without endangering the health of the
remaining trees on the subject property.
Pursuant to the City's Development Code and the
project's MMP, remaining trees shall be protected at
all times during construction. Protection will
occur by the installation of temporary rigid
fencing. Fencing shall be a minimum of four feet
high and located at least 15 feet outside the
dripline of any oak or walnut or group of oak/walnut
trees. No equipment storage or other activities
shall be allowed within these fenced areas.
(o) The removal or relocation of the oak tree(s)
proposed will not result in soil erosion through the
diversion of increased flow of surface waters which
cannot be satisfactorily mitigated.
Pursuant to the City's grading permit process and
the project's MMP, during construction measures to
prevent erosion, such as the use of silt fencing or
hay bales shall be installed at the grading limits.
Additionally, within seven days of the grading
completion, the approved Revegetation Plan shall be
implemented. Therefore, soil erosion will be
satisfactorily mitigated.
(p) The removal or relocation of the oak tree(s)
proposed is necessary, as continued existence at
present location(s) frustrates the planned
improvement of proposed use of the subject property
to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such
property for a use otherwise authorize.
The removal of oak and walnut trees is necessary due
to the large landslide areas along the western and
eastern facing which require shear keys and blanket
fill to rectify the area. However, the MMP require
oak tree replacement at a 4:1 ratio and walnut tree
7
replacement at a 2:1 ratio, both with understory to
ensure the replacement of the ecosystem values.
Additionally, a five year monitoring will occur.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby approves CUP 96-1 and OT
96-1:
a. General:
(1) The project site shall be developed in sub-
stantial conformance to the VVTM 50314, CUP 96-
1 and OT 96-1 submitted to and approved by the
Planning Commission and collectively attached
hereto as Exhibit "A" dated July 22, 1997,
(2) The project site shall be maintained in a
condition which is free of debris both during
and after the construction, addition or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse, whether during or subsequent to
construction shall be done only by the property
owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City
to provide collection, transportation and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3) This approval is granted subject to the
conditions of approval VTTM 50314 and Zone
Change No. 96-1.
(4) This approval shall not be effective for any
purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's Community Development Department, their
Affidavit of Acceptance stating that they are
aware of and agree to accept all the con-
ditions of this approval. Further, this
approval shall not be effective until the
applicant pays remaining Planning Division
processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM 50314
8
brought within the time period provided for
Government Code Section 66499.37.
(6) All requirements of the Zoning Ordinance and of
the underlying zoning of the project site sha11
be complied with unless otherwise set forth in
the resolution or shown on the approved plans.
Additionally, the applicant shall comply with
the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, and all other
applicable codes, ordinances and regulations in
effect at the time of the building permits
issuance.
(7) Notwithstanding any previous subsection of this
resolution, the Department of Fish and Game
requires payment of a fee pursuant to Section
711.4 of the Fish and Game Code. Said payment
shall be made by the applicant within five days
of this grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning and
Building and Safety Divisions, Public Works
Divisions, Engineering Division and school
fees) at the established rates, prior to final
map approval, issuance of building or grading
permits (whichever comes first), as required by
the City. Additionally, the Applicant shall
pay all remaining prorated City project review
and processing fees prior to the Map's
recordation as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material stock pile and equipment storage area,
shall be enclosed with a six foot high chain
link fence. All access points in the fence
shall be locked whenever the con-struction site
is not supervised.
(10) Construction equipment and/or related
construction traffic shall not be permitted to
enter the project site via Hawkwood Road.
(11) This grant is only valid, provided that con-
struction begun is begun within two years from
the date of this approval. A one year
extension of time may be requested in writing
and shall only be considered if submitted to
the City no less than 30 days prior to the
approval's expiration date.
(12) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and all laws, or other
regulations applicable.
(13) This grant shall be
if the City Council
50314, certify EIR
ZC 96-1.
b. Planning Division
null, void and of no effete
fails to approve VTTM
No. 97-1 (SCH 96-071104) or
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-1 (SCH No.
96071104) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited
with the City prior to the issuance of a
grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
final map's approval.
(2) Prior to approval of the final map, the
Applicant shall make a bona fide application to
"The Country Estates" Association to annex this
subdivision to that association. The
applicant/owner shall be required to agree to
annex upon recordation of the final map if all
fees assessed by "The Country Estates"
Association do not exceed the fees assessed per
lot for annexation for Tract No. 47722.
(3) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the
final map. A homeowners' association shall be
created and responsibilities there of shall be
delineated with the CC&Rs or the homeowners'
association shall be incorporated into "The
Country Estates". The CC&Rs and Articles of
Incorporation shall be recorded concurrently
with the final map or prior to the issuance of
any City permits, whichever occurs first. A
recorded copy shall be provided to the City
Engineer.
(4) VTTM 50314 shall be designed so as to sub-
stantially comply with the CC&Rs implemented by
the adjacent development know as The Country
Estates". The CC&Rs shall incorporate at a
minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
10
Mitigation Monitoring Program. The CC&Rs
shall, to the fullest extent possible, be
consistent with "The Country Estates"' CC&Rs.
(5) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
party initiating litigation in a court of
competent jurisdiction. The cost of such
mediation shall be borne equally by the
parties.
(6) Applicant shall prepare and submit a "Buyers'
Awareness Package" to the Deputy City Manager
for approval, prior to the issuance of any City
permits, This package shall include, but is
not limited to, information pertaining to geo-
logic issues regarding the property, wildlife
corridors, oak and walnut tree preservation
issues, the existence and constraints per-
taining to significant Ecological Area (SEA)
No. 15 and Tonner Canyon, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary
and similar related matters. The applicant
shall institute a program to include delivery
of a copy of the "Buyers Awareness Package" to
each prospective purchaser and shall keep on
file in the applicant's office a receipt signed
by each such prospective purchaser indicating
that the prospective purchaser has received and
read the information in the package. The
applicant shall incorporate within the CC&Rs a
reference to the availability of the package
and the fact that a copy is on file in the City
of Diamond Bar's City Clerk's office.
(7) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified under the
City's Source Reduction Recycling Element and
County Sanitation District's waste diversion
policies.
(8) All proposed residential dwelling units shall
comply with the City's Development Review
Ordinance.
(9) Residential dwelling units shall utilize the
following development standards:
(a) Front yard setbacks shall be a minimum of
11
25 feet from the front property line.
Front yard setbacks shall vary so that
adjacent dwelling units do not utilize the
same setback;
(b) Side yard setbacks shall be a minimum of
10 feet and 15 feet from the buildable
pad's edge. The distance between dwelling
units shall be a minimum of 40 feet;
(c) Rear yard setbacks shall be a minimum of
25 feet from the buildable pad's edge; and
(d) Accessory structures may be permitted
utilizing setback distances from the
buildable pad's edge consistent with the
residential zoning designation for the
property at the time of permit issuance.
(10) All ground mounted utility appurtenances (i.e.
A.C. condenser units, transformers, etc.) shall
be located out of public view and adequately
screened through the use of a combination of
concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the
Community Development Department.
(11) Applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City prior to recordation of the final map.
(12) Grading and/or construction activities shall be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment and materials and the
operation of heavy grading shall also be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities. Reclaimed water shall be used
whenever possible.
(13) All terrace drains and drainage channels shall
be constructed in muted earth tones so as to
not impart adverse visual impacts. Terrace
drains shall follow land form slope con-
figuration and shall not be placed in exposed
positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(14) Prior to issuance of occupancy permits, all oak
and walnut trees and plant species shall be
installed according to ratio, locations,
12
and palette mix specified in EIR No. 97-1 (SCH
No. 96071104).
(15) The final landscape plan shall substantially
comply with the recommendations of the
Significant Ecological Area Technical Advisory
Committee (SEATAC) Report, EIR 97-1 and the
preliminary landscape plan submitted and
approved by the Planning Commission and marked
Exhibit "A" which shall include fencing de-
tails, tree staking, soil preparation, planting
details, automatic irrigation systems and the
incorporation of xerotropic landscaping
wherever feasible.
(16) The grading plan shall substantially conform to
VTTM No. 50314 as recommended for approval by
the Planning Commission. The approved VTTM No.
50314 and Hillside Management Ordinance shall
supersede all other standards and requirements
relating to this project. Surety bonds shall
be posted to the satisfaction of the City
Engineer and City Attorney.
(17) All slope planting and irrigation shall be
continuously maintained in a healthy and
thriving condition by the applicant until each
individual unit is sold and occupied by the
buyer. Prior to releasing occupancy for those
units, an inspection shall be conducted by the
Planning Division to determine that all slope
planting is in satisfactory condition.
(18) All off-site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units.
(19) Emergency access shall be provided, maintained
free and clear, a minimum of 26 feet wide, at
all times during construction and in accordance
with the Fire Department.
(20) Prior to the issuance of any building permits
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
(21) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control Board (CRWQCB,) pursuant to
Division 7, Section 13000 of the Water Code. A
letter of compliance from the CRWQCB shall be
13
submitted to the City prior to the issuance of
construction permits.
(22) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co -
permittees related thereto, pursuant to the
NPDES requirements.
(23) The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
(24) VTTM 50314 shall comply with all requirements
of the Zoning Ordinance and of the underlying
zoning unless set forth in the permit or shown
on the approved plans.
(25) Applicant shall obtain approval from the County
Sanitation on the location of structures
affecting the County Sanitation easements and
submit written evidence to the City prior to
the grading permit's issuance.
(26) Applicant shall contribute a pro rata share of
$2,505.00 for the study of Tonner Canyon and
SEA No. 15.
(27) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
C. Fire Department
(1) A fuel modification plan, landscape/irrigation
plan approved by a registered landscape
architect shall be submitted for review and
approval by the Los Angeles County Fire Depart-
ment prior to the issuance of any City permits.
(2) Access shall comply with Section 902 of the
Fire Code which requires all weather access.
All weather access may require paving.
(3) Fire Department access shall extend to within
150 feet distance of any exterior portion of
all structures.
14
(4) Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection equipment use
shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) Vehicular access shall be provided and
maintained serviceable throughout construction
to all required fire hydrants. All required
fire hydrants shall be installed, tested, and
accepted prior to construction.
(6) Applicant shall provide Fire Department or City
approved street signs and building access
numbers prior to occupancy.
(7) Required fire flow for public fire hydrants at
this location shall be 1250 gallons per minute
at 20 psi for a duration of seven hours, over
and above maximum daily domestic demand.
Hydrant(s) flowing simultaneously may be used
to achieve the required fire flow.
(8) Applicant shall provide information on the
location of all existing fire hydrants.
(9) All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three additional maps
for fire hydrant placement and distribution.
d. Public Works/Engineering Department
(1) Prior to final map approval, written certifi-
cation that all utility services and any other
service related to the site shall be available
to serve the proposed project and shall be
submitted to the City. Such letters shall be
issued by the district, utility and cable
television company, within ninety (90) days
prior to final map approval.
15
(2) All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
(3) Prior to final map approval and when final map
is submitted for plan check, a title report/ -
guarantee showing all fee owners, interest
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
Recorder. An updated title report/guarantee
and subdivision guarantee shall be submitted
ten (10) working days prior to final map
approval.
(4) New boundary monuments shall be set in
accordance with the State Subdivision Map Act
and as required by the City Engineer.
(5) Prior to final map approval, if any required
public or private improvements required as part
of this map have not been completed by applicant
and accepted by the City, applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security. All bond
amounts shall be provided by the applicant and
approved by the City Engineer.
(6) Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
.City Engineer.
(7) Prior to final map approval, street names shall
be submitted for City review and approval.
Street names shall not duplicate existing
streets within the City of Diamond Bar's postal
service zip code areas.
(8) House numbering plans shall be submitted to and
approved by the City Engineer prior to issuance
of building permits.
(9) The detail drawings and construction notes
shown on the vesting tentative map are
conceptual only and the approval of this map
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be
submitted to the Community Development
Department for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
16
(11) All identified geologic hazards within the
vesting tentative tract boundaries which cannot
be eliminated as approved by the City Engineer
shall be indicated on the final map as
"Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final map.
(12) Prior to final map approval and the issuance of
grading permit (s), surety shall be posted and
an agreement executed guaranteeing completion
of all drainage facilities necessary for
dewatering all parcels to the satisfaction of
the City Engineer.
(13) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map, as approved by the
City Engineer.
(14) Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15) Prior to final map approval, applicant shall
submit to the City Engineer the detail cost
estimates for bonding purposes of all public
improvements.
(16) Prior to any work being performed in public
right-of-way, fees shall be paid and a con-
struction permit shall be obtained from the
Public Works Division in addition to any other
permits required.
(17) Prior to final map approval, applicant shall
pay its fair share of other signal improvements
required pursuant to the approved EIR prior to
approval of the final map based upon amended
traffic study as approved by City Engineer.
(18) Applicant shall label and delineate on the
final map any private drives or fire lanes and
to the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities, riding and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
17
the Subdivision, practical access for the
intended use.
(20) Applicant shall submit recorded document(s)
indicating the project will have
proper/adequate right -of -entry to the subject
site from "The Country Estates".
(21) VTTM 50314 shall be annexed to Landscape
Maintenance District 38.
(22) All boundary monuments not found at the time of
making the survey for the final map shall be
set in accordance with the State Subdivision
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monuments shall be
subject to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents
thereof, or other intermediate points to the
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(23) Easements, satisfactory to the City Engineer
and the utility companies, for public utility
and public services purposes shall be offered
and shown on the final map for dedication to
the City.
(24) After the final map records, applicant shall
submit to the Engineering Department, at no
cost to the City, a full size reproducible copy
of the recorded map. Final approval of the
public improvements shall not be given until
the copy of the recorded map is received by the
Engineering Division.
(25) The applicant shall make a bona fide
application to Diamond Bar Country Estates
Association to annex this subdivision to the
association. The applicant shall be required
to annex if all fees assessed by the Diamond
Bar Country Estates Association do not exceed
the fees assessed per lot for annexation to the
Diamond Bar Country Estates Association for
similar tracts.
18
(26) The City may require a traffic study or other
documentation related to traffic impacts for
proposed VTTM 50314.
(28) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at not cost to the City for all
improvements.
(29) All improvements for proposed VTTM 50314 shall
be coordinated with any existing or proposed
maps.
(30) Applicant shall contribute to an equitable
share of cost as established by the City to
fund improvements to the areas mainlines, pump
stations, utility undergrounding or similar
improvements.
(31) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
hourly basis and shall include any city admin-
istrative costs.
(32) Applicant shall provide digitized information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(33) All activities/improvements proposed for this
map shall be wholly contained within the
boundaries of the map. Should any off-site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
Gradina
(34) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM 50314. The maximum grade
of driveways serving building pad areas shall
be 15%.
(35) At the time of submittal of the 40 -scale
grading plan for plan check, a detailed soils
and geology report shall be submitted to the
City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
19
Prior to the issuance of a grading permit, the
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
etc.) shall be delineated in detail with
respect to proposed building envelopes;
Restricted use areas and structural
setbacks shall be considered and
delineated prior to prior to recordation
of the final map;
(c) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
(d) The extend of any remedial grading into
natural areas shall be clearly defined on
the grading plans;
(e) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(g) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(h) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
40 -scale final grading plan as a base; and
(i) All geotechnical and soils related
findings and recommendations shall be
reviewed and approved by the City Engineer
prior to issuance of any grading permits
and recordation of the final map.
(36) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(37) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(38) Final grading plans shall be prepared in a 24"
x 36" format and designed in compliance with
the recommendations of the final detailed soils
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
(39) Final grading plans shall be submitted to and
approved by the City Engineer.
(40) An erosion control plan shall be approved by
the City Engineer.
(41) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
of grading or some other alternative method of
erosion control shall be completed to the
satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
Drainage
(43) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(44) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map as approved by the
City Engineer.
(45) All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to issuance
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
(46) Prior to placement of any dredged or fill
material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the
Army Corps of Engineers and an agreement with
21
the California Department of Fish and Game
shall be obtained and submitted to the City
Engineer.
(47) The applicant shall provide drainage facilities,/,
to
acilities /-
to remove any flood hazard and dedicate and
show necessary easements and/or rights of way
on the final map to the satisfaction of City
Engineer. Storm drainage facilities shall be
constructed within the street right-of-way or
in easements satis-factory to the City Engineer
and the Los Angeles County Flood Control
Districts.
(46) All identified flood hazard locations within
the tentative map boundaries which cannot be
eliminated as approved by the City Engineer
shall be shown on the final map and delineated
as "Restricted Use Area" subject to flood
hazard. The Owner shall dedicate to the City
the right to prohibit the erection of buildings
or other structures within such restricted use
areas shown on the final map.
(47) A permit from the County Flood Control District
shall be required for work within its
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
(48) Vehicular access shall be provided to all
"Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a
maximum slope no greater than 15% unless
otherwise approved the City Engineer.
(49) Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
street and slope drainage as required by the
City Engineer.
(50) A final drainage study and final drainage/storm
drain plan in a 24" x 36" sheet format shall be
submitted to and approved by the City Engineer
prior to final map approval. All drainage
facilities shall be designed and constructed as
required by the City Engineer and in accordance
with County of Los Angeles Standards. Private
(and future) easements for storm drain purposes
shall be offered and shown on the final map for
dedication to the City. The private storm
drain facilities shall be maintained by the
homeowners association and this shall be
assured through the CC&Rs.
22
(51) Prior to the issuance of a grading permit,,a
complete hydrology and hydraulic study shall', }ae
prepared by a Registered Civil Engineer to thy-
satisfaction of the City Engineer.
Streets
(51) Street improvement plans in a 24"x 36" sheet
format, prepared by a registered Civil
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map. No
street shall exceed a maximum slope of 120.
(52) Prior to any work being performed in public
right-of-way, fees shall be paid and a
construction permit shall be obtained from the
Public Works Department in addition to any
other permits required.
(53) Applicant shall make a irrevocable offer to
dedicate to the City an easement for future
street purposes 30 feet wide (for half of a
future 60 -foot wide roadway) along the
centerline extension of from the southerly
terminus of the private street to the southerly
tract boundary.
(54) Street names shall be submitted for City review
and approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(55) New street centerline monuments shall be set at
the intersections of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curves
or the points of intersection of tangents
thereof. Survey notes showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer for approval in accordance
with City Standards, prior to issuance of
Certificate of Occupance.
(56) Street improvement plans in a 24" x 36" sheet
format, prepared by a California registered
Civil Engineer, shall be submitted to and
approved by the City Engineer. Security shall
be posted and an agreement executed guarantee-
ing completion of the public and/or private
street improvements, prior to final map
approval.
23
(57) No street shall exceed a maximum slope of 12%
unless approved by the City Engineer.
(58) Prior to recording of final map, applicant
shall construct base and pavement for all
streets in accordance with soils report
prepared by a California registered soils
engineer and approved by the City Engineer or
as otherwise directed by the City Engineer.
(59) Applicant shall provide and install street name
signs to the satisfaction of the City Engineer
prior to issuance of a certificate of
occupancy.
(60) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
Utilities
(61) All utility lines shall be underground in
frontage of the Vesting Tentative Tract Map.
(62) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into "The County
Estates" lighting districts, or shall be
operated and maintained by a homeowners
association.
(63) Prior to final map approval, a water system
with appurtenant facilities to serve all
lots/parcels in the land division designed to
Walnut Valley Water District (WVWD) specifi-
cations shall be provided and approved by the
City Engineer. The system shall include fire
hydrants of the type and location as determined
by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the
total domestic and fire flows to the satis-
faction of the City Engineer, WVWD and Fire
Department.
(64) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to Walnut
Valley Water District (WVWD) specifications to
accommodate the total domestic and fire flows
as may be required by the City Engineer, WVWD
and Fire Department.
24
(65) Applicant shall provide separate underground
utility services to each parcel, including
water, gas, electric power, telephone and cable
TV, in accordance with the respective utility
company standards. Easements required by the
Utility companies shall be approved by the City
Engineer prior to granting.
(66) Applicant shall relocate and underground any
existing on-site utilities to the satisfaction
of the City Engineer and the respective utility
owner.
(67) Prior to submittal of the final map, written
certifications from Walnut Valley Water
District, GTE, SCE, SCG and Jones Intercable
stating that adequate facilities are or will be
available to serve the proposed project shall
be submitted to the City.
(68) Based on a determination by the City Engineer,
the City reserves the right to require the
applicant to plan and incorporate into the
homeowners' association obligations the future
installation of main and service lines capable
of delivery of reclaimed water to all home-
owners' association maintained common area
landscaped portions of the Tract, prior to
final map approval. The system shall be
designed to permit "switch over" of non-
domestic services on each area within the
homeowners' association maintained landscaped
common area at time of availability of
reclaimed water, all to the satisfaction of the
City Engineer and designed to the specifi-
cations of the Walnut Valley Water District.
(69) Underground utilities shall not be constructed
within the drip line of any mature tree except
as approved by a registered arborist.
Traffic
(70) Traffic improvement plans shall be prepared by
a registered Traffic Engineer in a 2411x36"
sheet format and submitted to and approved by
the City Engineer. Security shall be posted
and an agreement executed guaranteeing com-
pletion of traffic improvements prior to final
map approval.
(71) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
25
(72) Traffic control signing and striping plans
shall be prepared in accordance with City
requirements and submitted to and approved by
the City Engineer prior to approval of the
final map.
Sewers
(73) Prior to final map approval, applicant shall
submit a sanitary sewer area study to the City
Engineer to verify that capacity is available
in the sewerage system to be used as the
outfall for the sewers in this land division.
If the system is found to be of insufficient
capacity, the problem shall be resolved to the
satisfaction of the City Engineer.
(74) Each dwelling unit shall be served by a
separate sewer lateral which shall not cross
any other lot lines. The sanitary sewer system
serving the tract shall be connected to the
City or District sewer system. Said system
shall be of the size, grade and depth approved
by the City Engineer, County Sanitation
District and Los Angeles County Public Works
Department prior to approval of the final map.
(75) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
shown on the final map and offered for
dedication on the final map.
(76) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public works Department and County Sanitation
District Standards.
(77) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to Diamond Bar
M
Associates, Julia Tang, and Windmill Development,
3480 Torrance Boulevard, #300, Torrance, CA 90503
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 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 9th day of December,
1997, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
27
PLANNING COMMISSION
RESOLUTION NO. 97 -XX 44P
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO.
50314 AND ZONE CHANGE NO. 96-1 AND RECOM-
MENDING CERTIFICATION OF ENVIRONMENTAL IMPACT
REPORT NO. 97-1 (SCH 96-071104) AND APROVAL OF
THE MITIGATION MONITORING PROGRAM SET FORTH
THEREIN FOR A 15 LOT SUBDIVISION LOCATED
SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION
OF STEEPLECHASE LANE AND WAGON TRAIN LANE,
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners, Diamond Bar Associates and Julia
Tang and the applicant, Windmill Development Company have
filed an application for Vesting Tentative Map (VTTM) No.
50314 and certification of Environmental Impact Report
(EIR) No. 97-1 (Sch 96-071104) in order to subdivide a 44
acre parcel into 15 lots for the eventual development of
15 single family custom homes. The project site is
located southeast of the most southerly intersection of
Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los
Angeles County, California, as described above in the
title of this Resolution. The request also includes: a
Conditional Use Permit for development within an urban
hillside management area and Significant Ecological Area
No. 15 (CUP 96-1); an Oak Tree Permit for the removal of
Oak trees (OT 96-1); and a Zone Change conforming to the
General Plan's land use designation for the area and
surrounding zoning (ZC 96-1) collectively attached hereto
as Exhibit "A" dated July 22, 1997, Exhibit "B" and
Exhibit "C" dated July 10, 1997.
2. 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, including VTTM
50314 and Zone Change No. 96-1, within the City of
Diamond Bar.
J. The Planning Commission of the City of Diamond Bar on
July 22, 1997 conducted a duly noticed public hearing on
the VTTM 50314 and Zone Change No. 96-1. The public
1
hearing was opened and comments were received on they',
Draft Environmental Impact Report No. 97-1 (SCH 96ol
-
071104), VTTM 50314 and Zone Change 96-1. Then the
public hearing was continued to August 12, 1997. On
August 12, 1997 the public hearing was continued to
August 26, 1997 to allow the applicant additional time to
address the Commission's comments. Continued public
hearings were then held on August 26, 1997, September 9,
1997, September 23, 1997, October 14, 1997 and October
27, 1997, November 12, 1997 and December 9, 1997. On
December 9, 1997 the public hearing was closed.
4. Notification of the Application's public hearing has been
made in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers on June 26, 1997. Twenty-one
property owners within a minimum 500 foot radius of the
project site were notified by mail on June 25, 1997.
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 determines that the
project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 97-1 (SCH
96071104) has been prepared according to the California
Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Furthermore, this
Commission has reviewed and considered the EIR in
reference to VTTM 50314 and Zone Change No. 96-1. The
Planning Commission recommends adoption of the Statement
Of Overriding Consideration attached here to as Exhibit
"B", recommends certification of the EIR and approval of
the Mitigation Monitoring Program (MMP) referred to
therein and attached hereto as Exhibit "C".
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
K
(a) The project relates to a vacant parcel of 4,
approximately 44 acres. `
(b) The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
Dwelling Unit Per Acre). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square Feet (R-1-
20,000) and Heavy Agricultural -Minimum Lot Sized 2
Acres (A-2-2).
(c) Generally, the following zones surround the project
site: to the north is the R-1-20,000 Zone; to the
south is the A-2-2 Zone; and to the east and west
is the R-1-40,000 Zone.
(d) The request for approval of proposed VTTM 50314 is a
request to subdivide an existing 44 acre parcel into
15 lots for the eventual development of 15 single
family custom homes.
Tentative Tract Man
(e) The proposed map is consistent with applicable
general and specific plans as specified in Section
65451.
The General Plan's land use designation provided for
the project area is Rural Residential (RR -one
dwelling unit per gross acres. VTTM 50314 proposes
lots varying in size from 1.67 gross acres to 8.90
gross acres with an average lot size of 2.92 acres.
The project's overall density is 0.34 units per
gross acre. Therefore, the proposed VTTM 50314 is
in compliance with the City's adopted General Plan.
(f) The design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
The proposed project is designed utilizing the
standards and guideline of the City's Hillside
Management Ordinance and a revegetation plan
implemented through a Mitigation Monitoring Plan
(MMP). This will ensure that the proposed project
is in compliance with General Plan Land Use Element
Strategy 1.2.3 (a), (b), and (c) and compatible with
scenic and open space resources. This compatibility
is due to the project's low density and retention of
the area's hillside character through landform
grading and the Revegetation Plan which will
concentrate the planting of vegetation in concave
areas, similar as in nature.
(g) The site is physically suitable to the type of
development.
The proposed project is approximately 44 acres with
a density of 0.34 dwelling units per acre. Lot
3
sizes vary from 1.67 acres to 8.90 acres,an
average lot size of 2.92 acres. The propos o"',
development for this site will be 15 single�ap
custom homes. The General Plan land use desigri►4i
for the site is Rural Residential (RR-one Dwellin
Unit Per Acre). The proposed zone change for the
site is Single Family Residence-Minimum Lot Size
40,000 Square Feet (R-1-40,000). With General Plan
and zoning consistency and the development standards
within the MMP, the site is physically suitable to
the proposed development.
(h) The site is physically suitable for the proposed
density of development.
As referenced in finding 4.(g), the proposed
developments density is physically suitable for the
project site.
(i) The design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Prior to the grading permit's issuance, a mitigation
plan addressing potential impacts on streambed,
wetlands, and riparian habitats shall be prepared by
the applicant in conjunction with an application of
a U.S. Clean Water Act, Section 404 permit from the
U.S. Army Corps of Engineers (USACE) and a State
Fish and Game Code, Section 1603 Streambed
Alteration Agreement with the California Department
of Fish and Game (CDFG). Through these agencies,
replacement of lost habitat values will occur.
Additionally, provisions to insure the long-term
preservation of habitat values are identified,
reviewed and approved by USACE and CDFG. These
provisions will be implemented as soon as practical
following completion of the project's grading.
Additionally, the MMP with a five year monitoring
period, Revegetation Landscape Plan and the riparian
habitat value replacement will ensure that the
proposed development retain sufficient natural
vegetation cover and/or open spaces to buffer
critical resources areas from the proposed
development. Therefore, the design of the
subdivision or the proposed improvements are not
likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife
or their habitat.
(j) The design of the subdivision or type of
improvements is not likely to cause serious public
health problems.
The proposed subdivision's design or improvements is
not likely to cause serious public health problems
due to the following:
(1) Slope instability will not occur due to the
introduction of project features like shear
keys and the removal of landslide areas along
the western and eastern facing slopes;
(2) No active faults transect the project site and
the project site in not located in an Alquist-
Priolo Special Studies Zone. Therefore, the
potential for ground rupture does not exist.
Additionally, the expected ground shaking
levels are within the range of current
engineering practices for construction of
habitable structures. Therefore, the project
is in an area that does not pose a significant
hazard when structures are designed in accord-
ing with the Uniform Building Code (UBC).
Structures for this project will comply with
the standards of the UBC through the City's
permit process;
(3) The proposed project will comply with the
required standards of the Los Angeles County
Fire Department. A fuel modification plan,
appropriate access and turnarounds for fire
equipment, and fire hydrants in appropriate
location with adequate flow are conditions of
approval, as specified by the Fire Department.
(k) The design of the subdivision or the type of
improvements will not conflict with easement,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Conditions of approval are incorporated into the
project which provide for future street easements,
the installation and maintenance of utilities, slope
and drainage easement, "restricted use" area
easements and appropriate access easements.
Therefore, the design of the subdivision and
improvements will not conflict with easement,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Zone Change
(1) The proposed zone change is consistent with the
adopted General Plan and a need for the proposed
zone classification exists within such area or
district.
The project site has a General Plan Land Use
'designation of Rural Residential (RR -Maximum One
5
r
Dwelling Unit Per Acre). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square Feet (Rc,l1)
20,000) and Heavy Agricultural -Minimum Lot Sized 2 '>'
Acres (A-2-2). Previously approved tracts surround- T,
ing the project site are zoned R-1-40,000. For
consistency with the General Plan and the area, a
zone change is required.
(m) The particular property under consideration is a
proper location for said zone classification with
such area or district.
The General Plan land use designation, the project's
low density and the surrounding zoning of adjacent
tracts indicate that the proposed zoning classifi-
cation is appropriate for this project.
(n) Placement of the proposed zone at such location will
be in the interest of public health, safety and
general welfare, and in conformity with good zoning
practice.
The zoning of R-1-40,000 with the proposed
development standards for this project, will ensure
compatible low density development for the area.
Therefore, the placement of the proposed zone for
VTTM 50314 will be in the interest of public health,
safety and general welfare, and in conformity with
good zoning practice.
(o) Modified conditions warrant a revision in the zoning
plan as it pertains to the area or district under
consideration.
VTTM 50314 is surrounded by previously approved
tracts that were rezoned to Single Family Residence -
Minimum Lot Size 40,000 Square Feet (R-1-40,000).
Therefore, a revision to the zoning plan is
warranted for consistency with the surrounding
zoning.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends approval of
VTTM 50314 and Zone Change No. 96-1 subject to the
following conditions:
a. General:
(1) The project site shall be developed in sub-
stantial conformance to the VTTM 50314, CUP No.
96-1, OT No. 96-1, ZC No. 96-1 submitted to and
approved by, the Planning Commission and
11 ctivel labeled Exhibit "A" dated July 22,
co e y
1997, Exhibit "B" and Exhibit "C".
(2) The project site shall be maintained in a
condition which is free of debris both durincg ,
and after the construction, addition or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse, whether during or subsequent to
construction shall be done only by the property
owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City
to provide collection, transportation and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City or it shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3) This approval is granted subject to the
conditions of approval of the Hillside
Management and Significant Ecological Area CUP
No. 96-1 and OT No. 96-1.
(4) This approval shall not be effective for any
purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's Community Development Department, their
Affidavit of Acceptance stating that they are
aware of and agree to accept all the con-
ditions of this approval. Further, this
approval shall not be effective until the
applicant pays remaining Planning Division
processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM 50314
brought within the time period provided for
Government Code Section 66499.37.
(6) All requirements of the Zoning Ordinance and of
the underlying zoning of the project site shall
be complied with unless otherwise set forth in
the resolution or shown on the approved plans.
Additionally, the applicant shall comply with
the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, and all other
applicable codes, ordinances and regulations in
effect at the time of the building permits
issuance.
7
(7) Notwithstanding any previous subsecti4kn-of this
resolution, the Department of Fish and Gafne,
requires payment of a fee pursuant to SeetiQn.
711.4 of the Fish and Game Code. Said payment,
shall be made by the applicant within five da(ys
of this grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning and
Building and Safety Divisions, Public Works
Divison, Engineering Division and school fees)
at the established rates, prior to final map
approval, issuance of building or grading
permits (whichever comes first), as required by
the City. Additionally, the Applicant shall
pay all remaining prorated City project review
and processing fees prior to the Map's
recordation as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material stock pile and equipment storage area,
shall be enclosed with a six foot high chain
link fence. All access points in the fence
shall be locked whenever the construction site
is not supervised.
(10) Construction equipment and/or related
construction traffic shall not be permitted to
enter the project site via Hawkwood Road.
(11) VTTM 50314 is valid for two years. An ex-
tension of time may be requested in writing and
shall only be considered if submitted to the
City no less than 30 days prior to this
approval's expiration date. Final map approval
will not be granted unless either the map is in
substantial compliance with VTTM 50314
including all conditions or the applicant has
entered into a subdivision approvement
agreement to the satisfaction of the City
Attorney.
(12) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and applicable laws, or other
regulations.
(13) Prior to the granting of -any occupancy permits,
all conditions of approval and improvements
shall be completed or bonded for to the
satisfaction of the City.
(14) This grant shall be null,
if the Planning Commission
No. 96-1 and OT No. 96-1.
8
void and of no effect
fails to approve CUP
b. Planning Division
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-1 (SCH No.
96071104) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited
with the City prior to the issuance of a
grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
final map's approval.
(2) Prior to approval of the final map, the
Applicant shall make a bona fide application to
"The Country Estates" Association to annex this
subdivision to that association. The
applicant/owner shall be required to agree to
annex upon recordation of the final map if all
fees assessed by "The Country Estates"
Association do not exceed the fees assessed per
lot for annexation for Tract No. 47722.
(3) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the
final map. A homeowners' association shall be
created and responsibilities there of shall be
delineated with the CC&Rs or the homeowners'
association shall be incorporated into "The
Country Estates". The CC&Rs and Articles of
Incorporation shall be recorded concurrently
with the final map or prior to the issuance of
any City permits, whichever occurs first. A
recorded copy shall be provided to the City
Engineer.
(4) The project site shall be designed so as to
substantially comply with the CC&Rs implemented
by the adjacent development know as "The
Country Estates". The CC&Rs shall incorporate
at a minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
Mitigation Monitoring Program. The CC&Rs
shall, to the fullest extent possible, be
consistent with "The Country Estates"' CC&Rs.
(5) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
0
party initiating litigation in a court of
competent jurisdiction. The cost of such., ..
mediation shall be borne equally by the
parties.
y
(6) Applicant shall prepare and submit a "Buyers'
Awareness Package" to the Deputy City Manager
for approval, prior to the issuance of any City
permits, This package shall include, but is
not limited to, information pertaining to geo-
logic issues regarding the property, wildlife
corridors, oak and walnut tree preservation
issues, the existence and constraints per-
taining to Significant Ecological Area (SEA)
No. 15 and Tonner Canyon, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary
and similar related matters. The applicant
shall institute a program to include delivery
of a copy of the "Buyers Awareness Package" to
each prospective purchaser and shall keep on
file in the applicant's office a receipt signed
by each such prospective purchaser indicating
that the prospective purchaser has received and
read the information in the package. The
applicant shall incorporate within the CC&Rs a
reference to the availability of the package
and the fact that a copy is on file in the City
of Diamond Bar's City Clerk's office.
(7) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified under the
City's Source Reduction Recycling Element and
County Sanitation District's waste diversion
policies.
(8) All proposed residential dwelling units shall
comply with the City's Development Review
Ordinance.
(9) Residential dwelling units shall utilize the
following development standards:
(a) Front yard setbacks shall be a minimum of
25 feet from the front property line.
Front yard -setbacks shall vary so that
adjacent dwelling units do not have the
same setback;
(b) Side yard setbacks shall be a minimum of -
10 feet and 15 feet from the buildable
pad's edge. The distance between dwelling
units shall be a minimum of 40 feet;
(c) Rear yard setbacks shall be a minimum of
25 feet from the buildable pad's edge; and
10
(d) Accessory structures may be permitted,,''
utilizing setback distances from the
buildable pad's edge consistent with the' -
residential zoning designation for the
property at the time of permit issuance.
(10) All ground mounted utility appurtenances (i.e.
A.C. condenser units, transformers, etc.) shall
be located out of public view and adequately
screened through the use of a combination of
concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the
Community Development Department.
(11) Applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City prior to recordation of the final map.
(12) Grading and/or construction activities shall be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment and materials and the
operation of heavy grading shall also be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities. Reclaimed water shall be used
whenever possible.
(13) All terrace drains and drainage channels shall
be constructed in muted earth tones so as to
not impart adverse visual impacts. Terrace
drains shall follow land form slope con-
figuration and shall not be placed in exposed
Positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(14) Prior to issuance of occupancy permits, all oak
and walnut trees and plant species shall be
installed according to ratio, locations, and
palette mix specified in EIR No. 97-1 (SCH No.
96071104).
(15) The final landscape plan shall substantially
comply with the recommendations of the
Significant Ecological Area Technical Advisory
Committee (SEATAC) Report, EIR 97-1 and the
preliminary landscape plan submitted and
approved by the Planning Commission and marked
Exhibit "A" which shall include fencing de-
tails, tree staking, soil preparation, planting
details, automatic irrigation systems and the
incorporation of xerotropic landscaping
11
wherever feasible.
(16) The grading plan shall substantially comfort tc
VTTM No. 50314 as recommended for approval by
the Planning Commission. The approved VTTM No.
50314 and Hillside Management Ordinance shall
supersede all other standards and requirements
relating to this project. Surety bonds shall
be posted to the satisfaction of the City
Engineer and City Attorney.
(17) All slope planting and irrigation shall be
continuously maintained in a healthy and
thriving condition by the developer until each
individual unit is sold and occupied by the
buyer. Prior to releasing occupancy for those
units, and inspection shall be conducted by the
Planning Division to determine that all slope
planting is in satisfactory condition.
(18) All off-site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units.
(19) Emergency access shall be provided, maintained
free and clear, a minimum of 26 feet wide, at
all times during construction and in accordance
with the Fire Department.
(20) Prior to the issuance of any building permits
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
(21) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control Board (CRWQCB,) pursuant to
Division 7, Section 13000 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(22) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co -
permittees related thereto, pursuant to the
NPDES requirements.
(23) The urban pollutant basins shall be maintained
by the applicant or,it,s successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
12
C.
election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
(24) The applicant shall comply with all
requirements of the Zoning Ordinance and of the
underlying zoning unless set forth in the
permit or shown on the approved plans.
(25) Applicant shall obtain approval from the County
Sanitation on the location of structures
affecting the County Sanitation easements and
submit written evidence to the City prior to
the grading permit's issuance.
(26) Applicant shall contribute a pro rata share of
$2,505.00 for the study of Tonner Canyon and
SEA No. 15.
(27) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
Fire Department
(1) A fuel modification plan, landscape/irrigation
plan approved by a registered landscape
architect shall be submitted for review and
approval by the Los Angeles County Fire Depart-
ment prior to the issuance of any City permits.
(2) Access shall comply with Section 902 of the
Fire Code which requires all weather access.
All weather access may require paving.
(3) Fire Department access shall extend to within
150 feet distance of any exterior portion of
all structures.
(4) Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection equipment use
shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) Vehicular access shall be provided and
maintained serviceable throughout construction
to all required fire hydrants. All required
fire hydrants shall be installed, tested, and
accepted prior to construction.
13
(6) Applicant shall provide Fire Department or City
approved street signs and building access
numbers prior to occupancy.
(7) Required fire flow for public fire hydrants at
this location shall be 1250 gallons per minute
at 20 psi for a duration of seven hours, over
and above maximum daily domestic demand.
Hydrant(s) flowing simultaneously may be used
to achieve the required fire flow.
(8) Applicant shall provide information on the
location of all existing fire hydrants.
(9) All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three additional maps
for fire hydrant placement and distribution.
d. Public Works/Enaineerina Department
(1) Prior to final map approval, written certifi-
cation that all utility services and any other
service related to the site shall be available
to serve the proposed project and shall be
submitted to the City. Such letters shall be
issued by the district, utility and cable
television company, within ninety (90) days
prior to final map approval.
(2) All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
(3) Prior to final map approval and when final map
is submitted for plan check, a title report/ -
guarantee showing all fee owners, interest
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
Recorder. An updated title report/guarantee
14
and subdivision guarantee shall be submitted
ten (10) working days prior to final map
approval.
(4) New boundary monuments shall be set in
accordance with the State Subdivision Map Act
and as required by the City Engineer.
(5) Prior to final map approval, if any required
public or private improvements required as part
of this map have not been completed by applicant
and accepted by the City, applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security. Ali bond
amounts shall be provided by the applicant and
approved by the City Engineer.
(6) Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
City Engineer.
(7) Prior to final map approval, street names shall
be submitted for City review and approval.
Street names shall not duplicate existing
streets within the City of Diamond Bar's postal
service zip code areas.
(8) House numbering plans shall be submitted to and
approved by the City Engineer prior to issuance
of building permits.
(9) The detail drawings and construction notes
shown on the vesting tentative map are
conceptual only and the approval of this map
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be
submitted to the Community Development
Department for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) All identified geologic hazards within the
vesting tentative tract boundaries which cannot
be eliminated as approved by the City Engineer
shall be indicated on the final map as
"Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final map.
(12) Prior to final map approval and the issuance of
grading permit (s), surety shall be posted and
an agreement executed guaranteeing completion
OWN
of all drainage facilities necessary for
dewatering all parcels to the satisfaction of
the City Engineer.
(13) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map, as approved by the
City Engineer.
(14) Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15) Prior to final map approval, applicant shall
submit to the City Engineer the detail cost
estimates for bonding purposes of all public
improvements.
(16) Prior to any work being performed in public
right-of-way, fees shall be paid and a con-
struction permit shall be obtained from the
Public Works Division in addition to any other
permits required.
(17) Prior to final map approval, applicant"
shall pay its fair share of other signal
improvements required pursuant to the approved
EIR prior to approval of the final map based
upon amended traffic study as approved by City
Engineer.
(18) Applicant shall label and delicate on the final
map any private drives or fire lanes and to
the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities,_ riding and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
the Subdivision, practical access for the
intended use.
(20) Applicant shall submit recorded document(s)
indicating the project will have proper/ -
adequate right -of -entry to the subject site
from "The Country Estates".
(21) VTTM 50314 shall be annexed to Landscape
Maintenance District 38.
16
(22) All boundary monuments not found at the time'of
making the survey for the final map shall be
set in accordance with the State .Subdivision,
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monuments shall be
subject to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents
thereof, or other intermediate points to the
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(23) Easements, satisfactory to the City Engineer
and the utility companies, for public utility
and public services purposes shall be offered
and shown on the final map for dedication to
the City.
(24) After the final map records, applicant shall
submit to the Engineering Division, at no cost
to the City, a full size reproducible copy of
the recorded map. Final approval of the public
improvements shall not be given until the copy
of the recorded map is received by the
Engineering Divison.
(25) The applicant shall make a bona fide
application to Diamond Bar Country Estates
Association to annex this subdivision to the
association. The applicant shall be required
to annex if all fees assessed by the Diamond
Bar Country Estates Association do not exceed
the fees assessed per lot for annexation to the
Diamond Bar Country Estates Association for
similar tracts.
(26) The City may require a traffic study or other
documentation related to traffic impacts for
proposed VTTM 50314.
(28) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at not cost to the City for all
improvements.
(29) All improvements for proposed VTTM 50314 shall
be coordinated with any existing or proposed
maps.
17
(30) Applicant shall contribute to an equitable`,CI` F„
share of cost as established by the City to 4:,v4-
fund improvements to the areas mainlines, pump
stations, utility undergrounding or similar
improvements.
(31) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
hourly basis and shall include any city
administrative costs.
(32) Applicant shall provide digitized information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(33) All activities/improvements proposed for this
map shall be wholly contained within the
boundaries of the map. Should any off-site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
Grading
(34) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM 50314. The maxi -mum
grade of driveways serving building pad areas
shall be 150.
(35) At the time of submittal of the 40 -scale
grading plan for plan check, a detailed soils
and geology report shall be submitted to the
City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
Prior to the issuance of a grading permit, the
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
18
etc.) shall be delineated in detail with
respect to proposed building envelopes;
"Restricted Use" areas and structural -
setbacks shall be considered and
delineated prior to prior to recordation
of the final map;
(c) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
(d) The extend of any remedial grading into
natural areas shall be clearly defined on
the grading plans;
(e) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(g) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(h) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
40 -scale final grading plan as a base; and
(i) All geotechnical and soils related
findings and recommendations shall be
reviewed and approved by the City Engineer
prior to issuance of any grading permits
and recordation of the final map.
(36) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(37) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(38) Final grading plans shall be prepared in a 24"
x 36" format and designed in compliance with
the recommendations of the final detailed soils
19
and engineering geology reports. All remedial
earthwork specified in the final report shall.
be incorporated into the plans.
(39) Final grading plans shall be submitted to and
approved by the City Engineer.
(40) An erosion control plan shall be approved by
the City Engineer.
(41) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
of grading or some other alternative method of
erosion control shall be completed to the
satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
Drainage
(43) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(44) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map as approved by the
City Engineer.
(45) All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to issuance
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
(46) Prior to placement of any dredged or fill
material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the
Army Corps of Engineers and an agreement with
the California Department of Fish and Game
shall be obtained and submitted to the City
Engineer.
(47) The applicant shall provide drainage facilities
to remove any flood hazard and dedicate and
show necessary easements and/or rights of way
on the final map to the satisfaction of City
Engineer. Storm drainage facilities shall be
constructed within the street right-of-way or
20
in easements satin -factory to the City Firi'c}ineer
and the Los Angeles County Flood Controi�-,,
Districts.
(46) All identified flood hazard locations within`,
the tentative map boundaries which cannot be c`
eliminated as approved by the City Engineer
shall be shown on the final map and delineated
as "Restricted Use Area" subject to flood
hazard. The Owner shall dedicate to the City
the right to prohibit the erection of buildings
or other structures within such restricted use
areas shown on the final map.
(47) A permit from the County Flood Control District
shall be required for work within its
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
(48) Vehicular access shall be provided to all
"Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a
maximum slope no greater than 15% unless
otherwise approved the City Engineer.
(49) Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
street and slope drainage as required by the
City Engineer.
(50) A final drainage study and final drainage/storm
drain plan in a 24" x 36" sheet format shall be
submitted to and approved by the City Engineer
prior to final map approval. All drainage
facilities shall be designed and constructed as
required by the City Engineer and in accordance
with County of Los Angeles Standards. Private
(and future) easements for storm drain purposes
shall be offered and shown on the final map for
dedication to the City. The private storm
drain facilities shall be maintained by the
homeowners association and this shall be
assured through the CC&Rs.
(51) Prior to the issuance of a grading permit, a
complete hydrology and hydraulic study shall be
prepared by a Registered Civil Engineer to the
satisfaction of the City Engineer.
Streets
(51) Street improvement plans in a 2411x 36" sheet
format, prepared by a registered Civil
21
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map. No
street shall exceed a maximum slope of 120.
(52) Prior to any work being performed in public
right-of-way, fees shall be paid and a
construction permit shall be obtained from the
Public Works Department in addition to any
other permits required.
(53) Applicant shall make a irrevocable offer to
dedicate to the City an easement for future
street purposes 30 feet wide (for half of a
future 60 -foot wide roadway) along the
centerline extension of from the southerly
terminus of the private street to the southerly
tract boundary.
(54) Street names shall be submitted for City review
and approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(55) New street centerline monuments shall be set at
the intersections of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curves
or the points of intersection of tangents
thereof. Survey notes showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer for approval in accordance
with City Standards, prior to issuance of
Certificate of Occupancy.
(56) Street improvement plans in a 24" x 36" sheet
format, prepared by a California registered
Civil Engineer, shall be submitted to and
approved by the City Engineer. Security shall
be posted and an agreement executed guarantee-
ing completion of the public and/or private
street improvements, prior to final map
approval.
(57) No street shall exceed a maximum slope of 120
unless approved by the City Engineer.
(58) Prior to recording of final map, applicant
shall construct base and pavement for all
streets in accordance with soils report
prepared by a California registered soils
engineer and approved by the City Engineer or
as otherwise directed by the City Engineer.
22
(59) Applicant shall provide and install street name
signs to the satisfaction of the City Engineer
prior to issuance of a certificate of
occupancy.
(60) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
Utilities
(61) All utility lines shall be underground in
frontage of the Vesting Tentative Tract Map.
(62) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into "The County
Estates" lighting districts, or shall be
operated and maintained by a homeowners
association.
(63) Prior to final map approval, a water system
with appurtenant facilities to serve all
lots/parcels in the land division designed to
Walnut Valley Water District (WVWD) specifi-
cations shall be provided and approved by the
City Engineer. The system shall include fire
hydrants of the type and location as determined
by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the
total domestic and fire flows to the satis-
faction of the City Engineer, WVWD and Fire
Department.
(64) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to Walnut
Valley Water District (WVWD) specifications to
accommodate the total domestic and fire flows
as may be required by the City Engineer, WVWD
and Fire Department.
(65) Applicant shall provide separate underground
Utility services to each parcel, including
water, gas, electric power, telephone and cable
TV, in accordance with the respective utility
company standards. Easements required by the
utility companies shall be approved by the City
Engineer prior to granting.
(66) Applicant shall relocate and underground any
existing on-site utilities to the satisfaction
23
of the City Engineer and the respective utility
owner.
(67) Prior to submittal of the final map, written
certifications from Walnut Valley Water
District, GTE, SCE, SCG and Jones Intercable
stating that adequate facilities are or will be
available to serve the proposed project shall
be submitted to the City.
(68) Based on a determination by the City Engineer,
the City reserves the right to require the
applicant to plan and incorporate into the
homeowners' association obligations the future
installation of main and service lines capable
of delivery of reclaimed water to all home-
owners' association maintained common area
landscaped portions of the Tract, prior to
final map approval. The system shall be
designed to permit "switch over" of non-
domestic services on each area within the
homeowners' association maintained landscaped
common area at time of availability of
reclaimed water, all to the satisfaction of the
City Engineer and designed to the specifi-
cations of the Walnut Valley Water District.
(69) Underground utilities shall not be constructed
within the drip line of any mature tree except
as approved by a registered arborist.
Traf f is
(70) Traffic improvement plans shall be prepared by
a registered Traffic Engineer in a 241'x36"
sheet format and submitted to and approved by
the City Engineer. Security shall be posted
and an agreement executed guaranteeing com-
pletion of traffic improvements prior to final
map approval.
(71) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
(72) Traffic control signing and striping plans
shall be prepared in accordance with City
requirements and submitted to and approved by
the City Engineer prior to approval of the
final map.
sewers
(73) Prior to final map approval, applicant shall
submit a sanitary sewer area study to the City
Engineer to verify that capacity is available
24
in the sewerage system to be used as the
outfall for the sewers in this land division.
If the system is found to be of insufficient
capacity, the problem shall be resolved to the
satisfaction of the City Engineer.
(74) Each dwelling unit shall be served by a
separate sewer lateral which shall'not cross
any other lot lines. The sanitary sewer system
serving the tract shall be connected to the
City or District sewer system. Said system
shall be of the size, grade and depth approved
by the City Engineer, County Sanitation
District and Los Angeles County Public Works
Department prior to approval of the final map.
(75) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
shown on the final map and offered for
dedication on the final map.
(76) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District Standards.
(77) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
Resolution;
Forthwith transmit a certified copy of this
Resolution, by certified mail, to Diamond Bar
Associates, Julia Tang, and Windmill Development,
3480 Torrance Boulevard, #300, Torrance, CA 90503
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 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 9th day of December,
1997, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
26
The Endangered Habitats League (EHL) is an organization of Southern California
Conservation Groups and individuals dedicated to ecosystem protection, improved land use
planning, and collaborative conflict resolution. We serve on advisory committees for State of
California Natural Communities Conservation Planning in four counties. Because the land in
question is part of a contiguous, high value open space system of State-wide significance, EHL
appreciates this opportunity to comment. Please include these comments in the administrative
record and distribute them to members of the Planning Commission and Council.
1. Adverse impacts are inadequately disclosed.
Individual and cumulative impacts to the wildlife and ecosystem of the region should be
detailed, and placed in the context of severe habitat depletion from historic levels, which results in
significant impacts at the margin. Potential indirect impacts from cats should also be disclosed.
2. Adverse impacts are not avoided to the maximum extent feasible
Loss of walnut woodlands, oak woodlands, riparian areas, and other sensitive resources
should be avoided. No substantial evidence, such as residual land value analyses after
subdivision, has been presented to show that avoidance is infeasible.
3. The proposed mitigation measures are inadequate
The proposed creation of walnut and oak woodlands is speculative if not plainly specious.
No substantial evidence is presented that such a program would be successful in replacing the
biological values which would be lost. What areas suitable in terms of soils, slope, aspect, and
hydrology have been identified? What areas likely to maintain the existing wildlife and functional
ecosystem values over the long tenn have been identified? What planting programs in similar
circumstances have been successful over the long term? What evidence exists that the very brief (3
to year) monitoring periods proposed are adequate in these circumstances? What monitoring
measures are proposed to assess the full range of wildlife and ecological values associated with the
affected resources? What legally binding remedies are to be enforced if the proposed habitat
creation does not meet all its objectives? What bonds are to be posted?
ENDANGERED HABITATS LEAGUE
Dedicated to the Protection of Coastal Sage Scrub and Other Threatened Ecosystems
Dan Silver - Coordinator S
8424A Santa Monica Blvd. #592
Los Angeles, CA 900694210
TEL/FAX 213.654.1456
Nov. 28, 1997
James :DeStefano
Community Development Dept.
City of Diamond Bar
21660 E. Copley Dr., Suite 190
co
-,
Diamond Bar, CA 91765-4177
t7l
RE: Draft FIR for Vesting Tentative Tract Map 50314 (SCII #96071104)
~
Dear Mr. DeStefano
The Endangered Habitats League (EHL) is an organization of Southern California
Conservation Groups and individuals dedicated to ecosystem protection, improved land use
planning, and collaborative conflict resolution. We serve on advisory committees for State of
California Natural Communities Conservation Planning in four counties. Because the land in
question is part of a contiguous, high value open space system of State-wide significance, EHL
appreciates this opportunity to comment. Please include these comments in the administrative
record and distribute them to members of the Planning Commission and Council.
1. Adverse impacts are inadequately disclosed.
Individual and cumulative impacts to the wildlife and ecosystem of the region should be
detailed, and placed in the context of severe habitat depletion from historic levels, which results in
significant impacts at the margin. Potential indirect impacts from cats should also be disclosed.
2. Adverse impacts are not avoided to the maximum extent feasible
Loss of walnut woodlands, oak woodlands, riparian areas, and other sensitive resources
should be avoided. No substantial evidence, such as residual land value analyses after
subdivision, has been presented to show that avoidance is infeasible.
3. The proposed mitigation measures are inadequate
The proposed creation of walnut and oak woodlands is speculative if not plainly specious.
No substantial evidence is presented that such a program would be successful in replacing the
biological values which would be lost. What areas suitable in terms of soils, slope, aspect, and
hydrology have been identified? What areas likely to maintain the existing wildlife and functional
ecosystem values over the long tenn have been identified? What planting programs in similar
circumstances have been successful over the long term? What evidence exists that the very brief (3
to year) monitoring periods proposed are adequate in these circumstances? What monitoring
measures are proposed to assess the full range of wildlife and ecological values associated with the
affected resources? What legally binding remedies are to be enforced if the proposed habitat
creation does not meet all its objectives? What bonds are to be posted?
The first steps in mitigation under CEQA are avoidance and minimization. These have been
virtually ignored. If avoidance is proven infeasible, then mitigation should occur through
acquisition of in-kind habitat off-site at a minimum of a 2:1 ratio rather than through the speculative
measures proposed.
4. The alternatives analysis isrg ossly inadequate.
The purpose of an alternatives analysis under CEQA is to provide environmentally superior
options. Instead, what is presented are two alternatives which focus on air quality and grading
rather than on reducing significant adverse biological impacts. Additional alternatives should be
developed which avoid both direct and indirect adverse biological impacts. Any claims for
financial infeasibility should be based upon substantial evidence, such as a residual land value
analysis after subdivision.
Although not a CEQA issue, the City should also inform itself, through a fiscal impacts
analysis, the costs of providing human services (ambulance, police, sewer, fire protection,
schools, waste disposal, etc.) to this project over the next 50 years in comparison to the revenues
to be generated through fees and property taxes.
Our conclusion is that the proposed project should be redesigned to produce an
environmentally responsible outcome. EHL would be pleased to work with the City toward this
goal, which is certainly what the citizens expect. The transmittal of your responses to these
comments to the letterhead address would be most appreciated.
Thank you for considering our comments.
Sincerely,
Dan Silver,
Coordinator
a 1
ARTICLE VI
Development Code Definitions
Chapter 22.80 - Definitions ................................... VI -3
22.80.010 - Purpose of Chapter ... VI -3
22.80.020 - Definitions of Specialized Terms and Phrases ............... VI -3
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 x/I-1
Contents
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -2
CHAPTER 22.80 - DEFINITIONS
22.80.010 - Purpose of Chapter
This Chapter provides definitions for various land uses, and the development terminology
used in this Development Code.
22.80.020 - Definitions
As used in this Development Code, the following terms and phrases shall have the mea
otherwise. g
ascribed to them in this Section, unless the context in which they are used clearly requires
A. Definitions, "A." The following definitions are in alphabetical order
A -weighted sound level. The sound level in decibels as measured on a sound level meter
using the A -weighting network. The level so read is designated dB(A) or dBA.
Accessory Retail Uses. The retail sales of various products (including food) in a store or
similar facility that is located within a health care, hotel, office, or industrial complex for
the purpose of serving employees or customers, and is not visible from public streets.
These uses include pharmacies, gift shops, and food service establishments within
:hospitals; convenience stores and food service establishments within hotel, office and
industrial complexes.
.Accessory Structure. A structure that is physically detached from, secondary and
incidental to, and commonly associated with the primary structure. For the purposes of
this Development Code, accessory structures and uses include: detached garages,
greenhouses, artist's studios, and workshops; hot tubs, Jacuzzis, spas, and swimming
pools, together with any enclosures; and any other open air enclosures, including gazebos
and detached patio covers.
Accessory Use. A land use that is in addition to, secondary and incidental to, and
commonly associated with the primary use.
Adult Day Care Facilities. State -licensed facilities that provide nonmedical care and
supervision for more than six adults for periods of less than 24 hours.
Adult £ntertah merit Oriented Businesses. Any adult bookstore, adult hotel or motel,
adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter
center, or any other business or establishment that offers its patrons services or
entertainment characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas," but not including those uses
or activities, the regulation of which is preempted by state law.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -3
Definitions 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.
2. 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 hotel)motel" 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 01) 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;
d. 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.
B. Adult-oriented theater. An "adult-oriented theater" is an establishment which, for any form of
consideration, as a regular and substantial course of conduct presents live performances that
either: (a are characterized by specified sexual activities; or (i7 feature any semi-nude person.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 `SIA
Definitions A
1. Couch Dancing/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 perons 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.
8. 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.
9. 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 (ill schools maintained
by an individual artist or group of artists, and which do not provide, permit, or make available
specified sexual activities.
10. Owner. "Owner" means the following: (J 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.
11. 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: (7
is characterized by an emphasis upon specified sexual activities; or (ii) features any semi-nude
person.
12. 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:
a. At least twenty percent (200/4 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.
b. 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.
C. 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.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -5
Definitions A
d. At least twenty percent (20°/a 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.
13. Religious institution. "Religious institution" means a structure which is used primarily for
religious worship and related religious activities.
14. School. "School" means (1 any child- or day-care facility; and (i7 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.
15. 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.
16. 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 wheche W1 ally !UI III of consWei alien, as a i eVolai and substantial pul toull of
17. 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.
18. 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.
19. Specified Anatomical Areas. "Specified anatomical areas" means the following:
a. less then completely and opaquely covered human 01 genitals or pubic region, (ii)
buttocks; and (iii) female breast below a point immediately above the top of the areola;
b. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered;
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C. Any device, costume or covering that simulates any of the body parts included in
subparagraphs (1) or (2) above.
20. Specified Sexual Activities. "Specified sexual activities" means the following, whether
performed directly or indirectly through clothing or other covering:
a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or
female breast;
b. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated;
d. Excretory functions as part of, or in connection with, any of the other activities described
in subparagraphs (1) through (3) of this paragraph.
21. 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.
Agent. A person authorized in writing by a property owner or lessee to represent and act
for a property owner in contacts with City employees, committees, Commissions, and the
Council, regarding matters regulated by this Development Code.
Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages
for on- or off -premise consumption.
Alley. A public or private roadway, generally not more than 30 feet wide that provides
vehicle access to the rear or side of parcels having other public street frontage, that is not
intended for general traffic circulation.
Allowed Use. Land uses that are listed as permitted or conditionally permitted in Article
II (Zoning Districts and Allowable Land uses), subject to compliance with all applicable
provisions of this Development Code.
Alteration. Any construction or physical change in the internal arrangement of rooms or
the supporting members of a structure, or a change in the external appearance of any
structure, not including painting.
Alternative transportation modes. Any mode of travel that serves as an alternative to
a single occupant vehicle, including all forms of ridesharing (i.e. carpooling, vanpooling),
public transit, bicycling, walking, etc.
Ambient noise histogram. The composite of all noise from sources near and far,
excluding an alleged intrusive noise source. In this context, the ambient noise histogram
shall constitute the normal or existing level of environmental noise at a given location.
Ambulance Service. A commercial facility where ambulances are stored, and from which
ambulances and emergency personnel are dispatched to emergencies.
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Amenity. A public benefit in excess of the minimum which is required to be provided by
the developer in conjunction with a development project as a condition of approval.
Examples of amenities may include permanent open space and landscaping; public art;
recreational facilities; and on-site child day care facilities.
Antenna. A device used in communications which transmits or receives radio signals,
including the following.
1. Antenna, Dish. A dish -like antennas used to link communication sites together by
wireless transmissions of voice or data. Also called microwave dish antenna.
2. Antenna, Panel. An antenna or array of antennas that are flat and rectangular and
are designed to concentrate a radio signal in a particular area. Also referred to as a
directional antenna.
3. Antenna, Satellite. An antenna for the home, business, or institutional reception of
television, data, and other telecommunications broadcasts from orbiting satellites.
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 uses 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
Diamond Bar Development Code Article VI - Development Code Definitions
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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 tire 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."
.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
other investment companies (equity) leasing agencies
See also, "Automated Teller Machine," above.
Bars and Night Clubs. Businesses which are not part of a larger restaurant, where
alcoholic beverages 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. Habitable space within a structure where less than one half of the distance
from its floor to ceiling is below grade. See also "Cellar."
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Bay Window. A window and related structure which extends outward from an exterior
building wall and thereby forms an alcove in the adjoining interior space.
Broadcasting Studios. Commercial and public communications uses including radio and
television broadcasting and receiving stations and studios, with facilities entirely within
buildings. Transmission and receiving apparatus, including antennas and towers, are
included under the definition of "Telecommunications Facilities."
Building. Any structure 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
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 more passengers commuting on a regular basis to and
from work with a fixed route, according to a fixed schedule.
Diamond Bar Development Code Article VI - Development Code Definitions
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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. 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 II (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.
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2. Large Family Day Care Home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for seven
to 14 children. Children under the age of 10 years who reside in the home count as
children served by the day care facility.
3. Small Family Day Care Home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for eight
or fewer children. Children under the age of 10 years who reside in the home count
as children served by the day care facility.
City. The City of Diamond Bar, State of California, referred to in this Development Code
as the "City."
City Council. The Diamond Bar City Council, referred to in this Development Code as
the "Council."
City Engineer. The City of Diamond Bar employee designated by the Council as City
Engineer.
Clubs, Lodges, and Private Meeting Halls. Permanent, headquarters -type and meeting
facilities for organizations operating on a membership basis for the promotion of the
interests of the members, including facilities for:
business associations political organizations
civic, social and fraternal organizations professional membership organizations
labor unions and similar organizations other membership organizations
Commission. See "Planning Commission."
Common Interest Development. Includes a condominium, community apartment
project, planned development, or stock cooperative, in compliance with Civil Code 1351.
Community Apartment Project. A development in which an undivided interest in land
is coupled with the right of exclusive occupancy of any apartment on the land, as defined
in Business and Professions Code Section 11004, and Civil Code 1351(d).
Community/Cultural Centers. Multi-purpose meeting and recreational facilities
typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or
outdoor barbecue facilities, that are available for use by various groups for such activities
as meetings, parties, receptions, dances, etc.
Compensatory pruning. Pruning that is necessary to reinstate the proper root
equilibrium.
Concrete, Gypsum, and Plaster Product Manufacturing. Manufacturing establishments
producing bulk concrete, concrete building block, brick and all types of precast and prefab
concrete products. Also includes ready -mix concrete batch plants, lime manufacturing,
and the manufacture of gypsum products, including plasterboard. A retail ready -mix
concrete operation as an incidental use in conjunction with a building materials outlet is
defined under "Building Material Stores."
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Conditional Use. A use of land identified by Article 11(Zoning Districts and Allowable
Land Uses) as being allowed in a particular zoning district subject to Conditional Use
Permit approval in compliance with 22.58 (Conditional Use Permits).
Condominium. As defined by Civil Code Section 951(f), a development where undivided
interest in common in a portion of real property is coupled with a separate interest in
space called a unit, the boundaries of which are described on a recorded final map or
parcel map. The area within the boundaries may be filled with air, earth, or water, or any
combination thereof, and need not be physically attached to any land except by easements
for access and, if necessary, support.
Construction Contractors. Base facilities for contract construction services (building,
electrical, plumbing, etc.), including administrative offices, and the storage of vehicles,
equipment, and/or materials.
Construction Equipment Sales. Retail establishments selling or renting heavy
construction equipment, including cranes, earth moving equipment, heavy trucks, etc.
Contour. A line drawn on a plan which connects all points of equal elevation.
Convenience Stores. Retail stores of 3,500 square feet or less in gross floor area, which
carry a range of merchandise oriented to convenience and travelers' shopping needs.
These stores may be part of a service station or an independent facility.
County. The County of Los Angeles, State of California.
Cultural Facilities, Libraries and Museums. Public or quasi -public facilities including
aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits,
libraries, museums, and planetariums, which are generally non-commercial in nature.
Facilities primarily devoted to meetings and/or public assembly are instead included
under "Clubs, Lodges, and Private Meeting Halls," "Community/Cultural Centers,"
Religious Places of Worship," "Outdoor Recreation," and "Theaters."
Cumulative period. An additive period of time composed of individual time segments
which may be continuous or interrupted.
Cut: A portion of land surface or area from which earth has been removed or will be
removed by excavation. The mechanical removal of earth material.
Cut and fill. The excavating of earth material in one place and depositing of it as fill in an
adjacent place.
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Cutting or pruning. The detaching or separating from a protected tree any trunk, limb,
branch, or root.
D. Definitions, "D." The following definitions are in alphabetical order.
Damage. Any action causing or contributing injury to the root system or other parts of
a tree, by fire, application of toxic substances, operation of machinery or equipment;
improper watering; changing natural grade of land by excavation or filling the drip line
area around the trunk; or by attaching signs or artificial material thereby piercing the bark
of the tree.
DBH (diameter at breast height). The diameter of a tree trunk measured in inches at a
height of 4.5 feet at the highest point of the natural grade or existing grade adjacent to the
trunk. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most
narrow point beneath the split.
Deadwood. Limbs, branches or a portion of a tree that contains no leaves during a period
of the year when leaves should be present.
Decibel. A unit for measuring the amplitude of a sound, equal to 20 times the logarithm
to the base of ten of the ratio of the pressure of the sound measured to the reference
pressure, which is 20 micropascals.
Density. The number of housing units per net acre, unless otherwise stated, for residential
uses.
Density Bonus. An increase in the number of dwelling units normally allowed on a parcel
by the applicable zoning district, granted by the City in compliance with 22.18 (Affordable
Housing Incentives/Density Bonus Provisions).
Department. The Diamond Bar Community and Development Services Department,
referred to in this Development Code as "Department."
Detached. Any structure that does not have a wall or roof in common with another
structure.
Development. Any construction activity or alteration of the landscape, its terrain contour
or vegetation, including the erection or alteration of structures. New development is any
construction, or alteration of an existing structure or land use, or establishment of a land
use, after the effective date of this Development Code.
Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar
Municipal Code, referred to herein as "this Development Code."
Development Agreement. A contract between the City and an applicant for a
development project, in compliance with 22.62 (Development Agreements) of this
Development Code and Government Code Sections 65864 et seq. A development
agreement is intended to provide assurance to the applicant that an approved project may
proceed subject to the policies, rules, regulations, and conditions of approval applicable
to the project at the time of approval, regardless of any changes to City policies, rules, and
Diamond Bar Development Code Article VI - Development Code Definitions
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Definitions
I]
regulations after project approval. In return, the City may be assured that the applicant
will provide infrastructure and/or pay fees required by a new project.
Diameter at breast height. See "DBH."
Director. Where the term "Director" is used in this Development Code, the title shall
mean the Deputy City Manager responsible for Community and Development Services.
Diseased trees. Trees afflicted by but not limited to any of the following: insect
infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, and root fungus which
must be evaluated, treated and re-evaluated in an effort to restore or save the tree.
Drip line. A line which may be drawn on the ground around a tree directly under its
outermost branch tips and which identifies that location where rainwater tends to drip
from the trees. When depicted on a map, the dripline will appear as an irregular shaped
circle that follows the contour of the tree s branches as seen from overhead.
Drive-in and Drive-thru Sales. Facilities where food or other products may be purchased
'by motorists without leaving their vehicles. These facilities include fast-food restaurants,
drive-through coffee, dairy product, photo stores, etc.
Drive-in and Drive-thru Services. Facilities where services may be obtained by motorists
without leaving their vehicles. These facilities include drive -up bank teller windows, dry
cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service
stations, or car washes, which are separately defined.
Duplexes. Residential structures under single ownership containing two dwellings.
Dwelling unit. Any structure designed or used for the shelter or housing of one or more
persons.
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Definitions E
E. Definitions, "E." The following definitions are in alphabetical order.
Ecological restoration project. A project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
Edge of roof. On a pitched roof, the lowest portion of the facia board covering the roof
rafters, or if no facia board exists, the lowest point of the roof rafters. On a flat roof, the
top of the parapet wall.
Effective bulk. The effective visual bulk of structure when seen from a distance or from
above or below.
Electronics and Equipment Manufacturing. Establishments engaged in manufacturing
machinery, apparatus, and supplies for the generation, storage, transmission,
transformation and use of electrical energy, including:
appliances such as stoves/ovens, refrigerators,
freezers, laundry equipment, fans, vacuum
cleaners, sewing machines
aviation instruments
electrical transmission and distribution equipment
electronic components and accessories, and
Otegrated circuits, related
devices
electronic instruments, components and equipment
such as calculators and computers
electrical welding apparatus
lighting and wiring equipment such as lamps and
fixtures, wiring devices, vehicle lighting
industrial apparatus
industrial controls
instruments for measurement, testing, analysis and
control, associated sensors and accessories
miscellaneous electrical machinery, equipment
and supplies such as batteries, X-ray apparatus
and tubes, electromedical and electrotherapeutic
apparatus, electrical equipment for internal
combustion engines
motors and generators
optical instruments and lenses
photographic equipment and supplies
pre-recorded magnetic tape
radia and television receiving equipment such as
television and radio sets, phonograph records
and surgical, medical and dental instruments,
equipment, and supplies
surveying and drafting instruments
telephone and telegraph apparatus
transformers, switch gear and switchboards
watches and clocks
Does not include testing laboratories (soils, materials testing, etc.) (see 'Business Support
Services"), or research and development facilities separate from manufacturing (see
"Research and Development").
Elevation. Height or distance above sea level.
Emergency machinery, vehicle or alarm. Any machinery, vehicle or alarm used,
employed, performed or operated in an effort to protect, provide or restore safe conditions
in the community or for the citizenry, or work by private or public utilities when restoring
utility service.
Emergency work. Work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency.
Employee parking area. The portion of total required parking at a development used.by
on-site employees.
Enlargement of use. The expansion of a land use activity on a site or within a structure
so that the use/activity occupies more floor or site area than before the expansion.
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Definitions
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Equestrian Facilities. Commercial horse, donkey, and mule facilities including horse
ranches, boarding stables, riding schools and academies, horse exhibition facilities (for
shows or other competitive events), pack stations, and barns, stables, corrals and paddocks
accessory and incidental to these uses.
Equipment Rental. Service establishments with outdoor storage/rental yards, which may
offer a wide variety of materials and equipment for rental, including construction
equipment.
Erosion. The process by which the soil and rock components of the earth's crust are worn
away and removed from one place to another by natural forces such as wind and water.
Estimated annual water use. The annual estimated water use of a landscape that is
based upon irrigation efficiency, precipitation rates, and scheduled length of water
applications. This should be expressed in inches of irrigation water per square foot of
landscape area per year.
Evapotranspiration. The total water loss from the soil, including that by direct
evaporation and that by transpiration from the surfaces of plants.
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Definitions F
F. Definitions, "F." The following definitions are in alphabetical order.
Fabric Product Manufacturing. Manufacturing establishments fabricating clothing,
draperies, and other products by cutting and sewing purchased textile fabrics, and related
materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and
dressmakers not operating as a factory and not located on the site of a clothing store
("General Retail Stores') are instead included under "Personal Services." See also, "Textile
and Leather Product Manufacturing."
Feasible. Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social and technological
factors.
Fill. A deposit of earth material placed by artificial means.
Finish grade. See "Grade."
Fixed noise source. A stationary device which creates sounds while fixed or motionless,
including, but not limited to, residential, agricultural, industrial and commercial ma-
chinery and equipment, pumps, fans, compressors, air conditioners and refrigeration
equipment.
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Definitions
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Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of floor area to total lot
area. FAR restrictions are used to limit the maximum floor area allowed on a site
(including all structures on the site). The maximum floor area of all structures (measured
from exterior wall to exterior wall) permitted on a site (including carports) shall be
determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site
(FAR x Net Site Area = Maximum Allowable Floor Area).
Possible Building Configurations for 0.50 FAR
50% Lot l Floor
Coverage
E'o
���b 25 /o Lot Coverage
/°O 2 Floors
' Lot Width f f
aQvr /
/ V,o"
Lot Width—+ `
12.5% Lot
Coverage
In a zone district with
a maximum FAR or
4 Floors the maximum
allowable floor area of
a building on a 40,000
/ sq. ft.lot would
be
20,000 fr
0 sq. . (20,000
tb sq. ft divided by 40,000
y°vpcP sq. ft. equals .50).
Lot Width—+
NOTE: Variations may occur if upper floors Ire stepped back from ground level lot coverage.
=Are.(FAR) Gross Building Area (All Floors)
_
Lot Area
Figure 6-1
FLOOR AREA RATIO
Food and Beverage Manufacturing. Manufacturing establishments producing or
processing foods and beverages for human consumption, and certain related products.
Includes:
bakeries
bottling plants
breweries
candy, sugar and confectionery products
manufacturing
catering services separate from stores or
restaurants
coffee roasting
dairy products manufacturing
fats and oil product manufacturing
fruit and vegetable canning, preserving, related
processing
grain mill products and by-products
meat, poultry, and seafood canning, curing,
byproduct processing
soft drink production
miscellaneous food item preparation from raw
products
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May include tasting and accessory retail sales of beverages produced on site. A tasting
facility separate from the manufacturing facility is included under the definition of 'Bars
and Night Clubs" if alcoholic beverages are tasted, and under "Restaurant" if beverages are
non-alcoholic.
Does not include: bakeries which sell all products on-site (listed in Article II (Zoning
Districts, Allowable Land Uses and Zone -Specific Standards) as 'Bakeries;' or beer
brewing as part of a brew pub, bar or restaurant (see 'Bars and Night Clubs").
Fueling Stations. Retail sales facilities for the fueling of gasoline -powered and electric
vehicles. Facilities where other vehicle services are also provided are classified under
"Service Stations."
Furniture and Fixtures Manufacturing. Manufacturers which produce wood and metal:
household furniture; bedsprings and mattresses; all types of office furniture, and
partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware,
window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing
mills, which are instead included under "Lumber and Wood Product Manufacturing." The
manufacture of household appliances in included under "Electronics and Equipment
Manufacturing."
Furniture, Furnishings and Equipment Stores. Stores engaged primarily in selling the
following products and related services, including incidental repair services:
draperies
floor coverings
furniture
glass and chinaware
home appliances
home furnishings
home sound systems
interior decorating materials and services
large musical instruments
lawn furniture
movable spas and hot tubs
office furniture
other household electrical and gas appliances
outdoor furniture
refrigerators
stoves
televisions
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 W-20
Definitions
C!?
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).
I. 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
dry goods
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. Average grade. The average of the finished ground level at the center of all walls of
a structure. Where walls are parallel to and within five feet of sidewalks, the ground
level shall be measured at the sidewalks. See Figure 6-2.
2. Existing or natural grade. The contour of the ground surface before grading.
3. Finish grade. The final contour of the ground surface of a site that conforms to the
approved grading plan.
4. Natural grade. The elevation of the ground level in its natural state before grading,
filling or construction.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997
VI -21
Definitions
G
5. Street grade. The elevation of the centerline of the street adjacent to the site proposed
for development.
Highest point where ® Height
exterior walls touch the 1�, ® 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
Hearing Draft - Revised December 1, 1997 VZ -22
' Definitions
°
Figure 6-3
CONVENTIONAL GRADING
IIR-R i
-- -, - ST
Figure 6.4
CONTOUR GRADING
all
Figure 6-5
LANDFORM GRADING
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -23
G
Definitions G
c. Landscaping is applied in random or geometric patterns.
3. Landform grading. See Figure 6-5.
a. Landform grading replicates 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.
b. Slope down -drain devices either follow the natural line 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 are treated with natural rock.
c. Landscaping becomes a "revegetation" process and is applied in patterns that
occur in nature: trees and shrubs are concentrated largely in concave areas, while
convex portions are planted mainly with groundcovers.
Grand opening. A promotional activity not exceeding 30 calendar days used by newly
established businesses, within two months after initial occupancy, to inform the public of
their location and services available to the community. "Grand Opening" does not mean
an annual or occasional promotion of retail sales by a business.
Golf Courses/Country Clubs. Golf courses, and accessory facilities and uses including:
clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro
shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Granny Flat. See "Secondary Residential Units."
Grocery Stores. Stores where most of the floor area is devoted to the sale of food products
for home preparation and consumption, which typically also offer other home care and
personal care products, and which are substantially larger and carry a broader range of
merchandise than "Convenience Stores."
Guest House. A detached structure of 400 square feet or more, accessory to a single-
family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking
facilities.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 Vz-24
Definitions
W
H. Definitions, "H." The following definitions are in alphabetical order
Handcraft Industries. Establishments manufacturing and/or assembling small products
primarily by hand, including jewelry, pottery and other ceramics, as well as small glass
and metal art and craft products.
Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs
including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball,
archery and shooting ranges and other indoor sports activities.
Health care institution. A hospital, convalescent home, or other similar facility that
provides health care, medical treatment, room, board or other services for the ill, retarded,
or convalescent.
Hearing Officer. The Diamond Bar Community and Development Services. Department
employee designated by the Community Development Director as the City's Hearing
Officer, with the authority and responsibility to conduct public hearings and approve or
disapprove land use permit applications in compliance with Article IV (Land Use and
Development Permit Procedures).
Height of Structure. See 22.16.060 (Height Measurement and Height Limit Exceptions).
Heliport. A facility for the landing and takeoff of helicopters, and associated passenger
and freight loading and unloading.
Hillside. A parcel of land which contains grades in excess of 10%.
Home Occupation. The conduct of a business within a dwelling unit or residential site,
employing occupants of the dwelling, with the business activity being subordinate to the
residential use of the property.
Hospital. See "Medical Services - Hospitals."
Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen
facilities, rented to the general public for transient lodging (less than 30 days). Hotels
provide access to most guest rooms from an interior walkway, and typically include a
variety of services in addition to lodging; for example, restaurants, meeting facilities,
personal services, etc. Motels provide access to most guest rooms from an exterior
walkway. Also includes accessory guest facilities such as swimming pools, tennis courts,
indoor athletic facilities, accessory retail uses, etc.
Hydrozone. A portion of the landscaped area having plants with similar water needs that
are served by a valve or set of valves with the same schedule. A hydrozone may be
irrigated or nonirrigated. For example, a naturalized area planted with native vegetation
that will not need supplemental irrigation once established is a nonirrigated hydrozone.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V:-25
Definitions
I. Definitions, "I." The following definitions are in alphabetical order.
Improvement. Any infrastructure, including streets, storm drains, sewers and the like.
Impulsive noise. A sound of short duration, usually less than one second and of high
intensity, with an abrupt onset and rapid decay.
Indoor Amusement/ Entertainment Facilities. Establishments providing indoor
amusement/entertainment services for a fee or admission charge, including:
bowling alleys
card rooms
coin-operated amusement arcades
dance halls, clubs and ballrooms
electronic game arcades
ice skating and roller skating
pool and billiard rooms as primary uses (see also Chapter XX of the Municipal Code)
Four or more electronic games or coin-operated amusements in any establishment, or a
premises where 50 percent or more of the floor area is occupied by amusement devices,
are considered an electronic game arcade as described above, three or less machines are
not considered a land use separate from the primary use of the site.
Infiltration rate. The rate of water entry into the soil expressed as a depth of water per
unit of time (inches per hour).
Intensification of use. A change in the use of a structure or site, where the new use is
required by 22.30 (Off -Street Parking and Loading Standards) to have more off-street
parking spaces than the former use; or a change in the operating characteristics of a use
(for example, hours of operation), which generate more activity on the site.
Intrusive noise. The alleged offensive noise that intrudes over and above the existing
ambient noise at the receptor property.
J. Definitions, "J." No definitions of terms beginning with the letter "J" are used at this time.
K. Definitions, "K." The following definitions are in alphabetical order.
Kennels and Animal Boarding. Commercial facilities for the breeding, keeping,
grooming, boarding or maintaining of four or more dogs four months of age or older, or
four or more cats for commercial purposes, except for dogs or cats in pet shops.
Kitchen or Kitchenette. An area designed and/or used for the preparation of food, which
includes any three of the following features:
1. Cooking or food heating equipment, including a hot plate, microwave, oven, or range;
2. A refrigerator or other device for cold storage;
3. Cabinets, shelves, or other facilities for storage of food and/or utensils; or
4. A sink and water supply.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V11-26
Definitions K
L. Definitions, "L." The following definitions are in alphabetical order.
Land use permit. Authority granted by the City to use a specified site for a particular
purpose, including Conditional Use Permits and Minor Conditional Use Permits,
Development Plans and Minor Development Plans, Planned Development Permits,
Temporary Use Permits, Variances and Minor Variances, and Zoning Clearances, as
established by Article IV (Land Use and Development Permit Procedures) of this
Development Code.
Landscaped area. The entire parcel less the building footprint, access drives,
nonirrigated portions of parking lots, hardscapes (e.g., decks and patios) and other
nonporous areas. Water features are included in the calculation of the landscaped area.
Large Family Day Care Home. See "Child Day Care Facilities."
Laundries and Dry Cleaning Plants. Service establishments engaged primarily in high
volume laundry and garment services, including: power laundries (family and
commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial
laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or
dry cleaning pick-up stores without dry cleaning equipment; see 'Personal Services."
Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully
created as required by the Subdivision Map Act and City ordinances, including this
Development Code. Types of lots include the following. See Figure 6-6 (Lot Types).
1. Corner lot. A lot located at the intersection of two or more streets, where they
intersect at an interior angle of not more than 135 degrees. If the intersection angle is
more than 135 degrees, the lot is considered an interior lot.
2. Flag lot. A lot having access from the building site to a public street by means of
private right-of-way strip that is owned in fee.
3. Interior lot. A lot abutting only one street.
4. Key lot. An interior lot, the front of which adjoins the side property line of a corner
lot.
5. Reverse corner lot. A corner lot, the rear of which abuts a key lot.
6. Through lot. A lot with frontage on two generally parallel streets.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -27
Definitions L
Cul -de -
Sac LO!/' FI L07 I
Interior
L'o,
Through Lot
Corner Lot
L
Reverse
Comer
Comer Interior
Lot Lot' -----
Lot
Lot t -- - — - —
- — - — -- — - — - —
Figure 6-6
LOT. TYPES
Figure 6-7
LOT FEATURES
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -28
Gross Lot
Area
--T ------I-- - —
- — - —
— - - —
Easement
Lot
t �h
Net Lot
RRear Lot-,Vl!
Line
qthWidth
Side Lot
Line
Lot
Lot
dth
Width
Average
Distance
Midway
"6
Between
Between
r
Front and
Front and
E771
Rear Lot
Rear Lot
1 r Lines
Lines
Front Lot
Line
Figure 6-7
LOT FEATURES
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -28
Definitions
L
Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of
adjacent dedicated street rights of way. Net lot area is exclusive of easements, including
those for utilities or flood control channels, which limit the use of the lot.
Lot coverage. See "Site Coverage."
Lot depth. The average linear distance between the front and the rear lot lines or the
intersection of the two side lot lines if there is no rear line. See Figure 6-7 (Lot Features).
The Director shall determine lot depth for parcels of irregular configuration.
Lot frontage. The boundary of a lot adjacent to a public street right-of-way.
Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as
follows (see Figure 6-7 (Lot Features)):
1. Front lot line. Ch1 an interior lot, the property line separating the parcel from the
street. The front lot line on a corner lot is the line with the shortest frontage. (If the
lot lines of a corner lot are equal in length, the front lot line shall be determined by the
Director.) On a through lot, both lot lines are front lot lines and the lot is considered
to have no rear lot line.
2. Interior lot line. Any lot line not abutting a street.
3. Rear lot line. A property line that does not intersect the front lot line, which is most
distant from and most closely parallel to the front lot line.
4. Side lot line. Any lot line that is not a front or rear lot line.
Lot width. The horizontal distance between the side lot lines, measured at right angles
to the lot depth at a point midway between the front and rear lot lines. See Figure 6-7 (Lot
Features). The Director shall determine lot width for parcels of irregular shape.
Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales uses
involving the milling of forest products to produce rough and finished lumber and other
wood materials for use in other manufacturing, craft, or construction processes. Includes
the following processes and products:
containers, pallets and skids
milling operations
trusses and structural beams
turning and shaping of wood products
wholesaling of basic wood products
wood product assembly
Craft -type shops are included in "Handcraft Industries and Small -Scale Manufacturing."
Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing."
The indoor retail sale of building materials, construction tools and equipment is included
under 'Building Material Stores."
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -29
Definitions M
M. Definitions, "M." The following definitions are in alphabetical order.
Map Act. See "Subdivision Map Act."
Medical Services - Clinics and Laboratories. Facilities primarily engaged in furnishing
outpatient medical, mental health, surgical and other personal health services, but which
are separate from hospitals, including:
health management organizations (HMOs)
medical and dental laboratories
medical, dental and psychiatric offices
out-patient care facilities
other allied health services
Counseling services by other than medical doctors or psychiatrists are included under
"Offices."
Medical Services - Extended Care. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds, including: board and care homes;
convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term
personal care facilities that do not emphasize medical treatment are included under
"Residential Care Homes."
Medical Services - Hospitals. Hospitals and similar facilities engaged primarily in
providing diagnostic services, and extensive medical treatment, including surgical and
other hospital services. These establishments have an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care. May include on-site
accessory clinics and laboratories, accessory retail uses and emergency heliports (see the
separate definition of "Accessory Retail Uses").
Metal Products Fabrication, Machine and Welding Shops. Establishments engaged
primarily in the assembly of metal parts, including the following uses that produce metal
duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar
products.
blacksmith and welding shops
sheet metal shops
machine shops and boiler shops
Mobile Home. A trailer, transportable in one or more sections, that is certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974, which
is over eight feet in width and 40 feet in length, with or without a permanent foundation
and not including *recreational vehicle, commercial coach or factory -built housing. A
mobile home on a permanent foundation is included under the definition of "Single -
Family Dwellings."
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V:-30
Definitions
M
Mobile Home and Recreational Vehicle Sales. Retail establishments selling and/or
renting the following new or used vehicles and products:
boats
camperstcamper shells
golf carts
jet skis
mobile homes
motor homes
motorcycles
snowmobiles
travel/recreational trailers
other recreational vehicles
May also include repair shops and the sales of parts and accessories, incidental
to vehicle dealerships. Does not include: parts/accessory sales separate from
a vehicle dealership (see "Auto Parts Sales"); or bicycle and moped sales (see
"General Retail Stores").
Mobile Home Park. Any site that is planned and improved to accommodate
two or more mobile homes used for residential purposes, or on which two or
more mobile home lots are rented, leased, or held out for rent or lease, or were
formerly held out for rent or lease and later converted to a subdivision,
cooperative, condominium, or other form of resident ownership, to
accommodate mobile homes used for residential purposes.
Mobile noise source. A noise source other than a fixed noise source.
Mortuaries. Funeral homes and parlors, where deceased are prepared for
burial or cremation, and funeral services may be conducted.
Mulch. Any material (e.g., leaves, bark, straw, compost, manure, or other
materials) left loose and applied to the soil surface to reduce evaporation.
Multi -Family Dwellings. A building or a portion of a building used and/or
designed as three or more independent dwelling units. Includes: triplexes,
fourplexes (buildings under one ownership with three or four dwelling units,
respectively, in the same structure) and apartments (five or more units under
one ownership in a single building); townhouse development (three or more
attached single-family dwellings where no unit is located over another unit);
senior citizen multi -family housing; and common ownership, attached unit
projects including condominiums. Duplexes are separately defined.
Multiple tenant site/center. A commercial or industrial development
consisting of two or more separate businesses that share either the same parcel
or structure and use common access and parking facilities.
Municipal Code. The City of Diamond Bar Municipal Code, as it may be
amended from time to time by the Council.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 W-31
Definitions N
N. Definitions, "N." The following definitions are in alphabetical order.
Natural grade. See "Grade."
Natural slope. See "Slope."
Night club. See 'Bars and Night Clubs."
Noise disturbance. An alleged intrusive noise that violates an applicable noise
standard of this Chapter.
Noise histogram. A graphical representation of the distribution of frequency
of occurrence of all noise levels near and far measured over a given period of
time.
Noise level (LN). The noise level expressed in decibels that exceeds the
specified (L,) value as percentage of total time measured. For example, an Lu
noise level means that noise level that is exceeded 25 percent of the time
measured.
Noise -sensitive zone. An area designated for the purpose of ensuring
exceptional quiet.
Noise zone. A defined area or region of a generally consistent land use.
Nonconforming parcel. A parcel that was legally created prior to the
adoption of this Development Code and which does not conform to current
Code provisions/ standards (e.g.,access, area or width requirements, etc.)
prescribed for the zoning district in which the parcel is located.
Nonconforming sign. See "Sign - Nonconforming Sign."
Nonconforming structure. A structure that was legally constructed prior to
the adoption of this Development Code and which does not conform to current
Code provisions/standards (e.g., open space, distance between structures, etc.)
prescribed for the zoning district in which the structure is located.
Nonconforming use. A use of a structure (either conforming or
nonconforming) or land that was legally established and maintained prior to
the adoption of this Development Code and which does not conform to current
Code provisions governing allowable land uses for the zoning district in which
the use is located.
Nonconformity upon annexation. Nonconformities shall include a structure,
use, or parcel legally existing and located in the unincorporated territory which,
upon annexation to the City, does not comply with the provisions of this
Development Code.
Nuisance per se. Examples of activities that are nuisances per se include water
pollution by discharge, structures which amount to a fire hazard, noise, air
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI -32
pollution, weeds, rubbish and refuse, junkyards, earth movement and illegal
signs.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 W-33
Definitions
ED
O. Definitions, "O." The following definitions are in alphabetical order.
Occupancy. All or a portion of a structure occupied by one tenant.
Offices - Administrative/ Business. Establishments providing direct services
to consumers, including insurance agencies, real estate offices, post offices (not
including bulk mailing distribution centers, which are included under "Vehicle
and Freight Terminals").
Does not include: medical offices (see "Medical Services - Clinics and
Laboratories"); or offices that are incidental and accessory to another business
or sales activity that is the primary use. Incidental offices that are customarily
accessory to another use are allowed as part of an approved primary use.
Offices - Production. Office -type facilities occupied by businesses engaged in
the production of intellectual property. These uses include:
advertising agencies educational, scientific and research
architectural, engineering, planning and organizations
surveying services media postproduction services
computer software photography and commercial art studios
production and writers and artists offices
programming services
Does not include: medical offices (see "Medical Services - Clinics and
Laboratories") or offices that are incidental and accessory to another business
or sales activity that is the primary use. Incidental offices that are customarily
accessory to another use are allowed as part of an approved primary use.
Offices - Professional. Professional or government offices including:
accounting, auditing and bookkeeping services
attorneys
counseling services
court reporting services
data processing services
detective agencies and similar services
employment, stenographic, secretarial and
word processing services
government offices
literary and talent agencies
management and public relations services
Does not include: medical offices (see "Medical Services - Clinics and
Laboratories') or offices that are incidental and accessory to another business
or sales activity that is the primary use. Incidental offices that are customarily
accessory to another use are allowed as part of an approved primary use.
Offices - Temporary. A mobile home, recreational vehicle or modular unit
used as a temporary office facility. Temporary Offices may include:
construction supervision offices on a construction site or off-site construction
yard; a temporary on-site real estate office for a development project; or a
temporary business office in advance of permanent facility construction.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V11-34
Definitions
Offices - Temporary Real Estate. The temporary use of a dwelling unit within
a residential development project as a sales office for the units on the same site,
which is converted to residential use at the conclusion of its office use.
Open Space, Common Outdoor areas within a development project that may
be used by all residents/ tenants of the site.
Open Space, Private. An outdoor area within a development project that is
reserved for use by the residents/ tenants of a specific unit or portion of the site.
Organizational Houses. Residential lodging houses operated by membership
organizations for their members and not open to the general public. Includes
fraternity and sorority houses, convents, monasteries, and religious residential
retreats.
Outdoor Recreation. Facilities for various outdoor participant sports and types
of recreation where a fee is charged for use, including:
amphitheaters
race tracks
amusement and theme parks
skateboard parks
drive-in theaters
stadiums and coliseums
go-cart and miniature auto race tracks
swim and tennis clubs
golf driving ranges separate from golf courses
tennis courts
health and athletic club outdoor facilities
water slides
miniature golf courses
zoos
motorcycle racing and drag strips
May also include commercial facilities customarily associated with the above outdoor
commercial recreational uses, including bars and restaurants, video game arcades, etc.
Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments
including auto dealers, lumber and other material sales yards, newsstands, outdoor
facilities for the sale or rental of other vehicles/equipment, and other uses where the
business is not conducted entirely within a structure.
Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:
Christmas trees, pumpkins or the sale of other seasonal items
farmers' markets
semi-annual sales of artihandcrafted items in conjunction with community festivals or art shows
sidewalk or parking lot sales longer than one weekend
retail sales from individual vehicles in temporary locations outside the public right-of-way
Overspray. The water that is delivered beyond the landscaped area, wetting pavements,
walks, structures, or other nonlandscaped areas.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V1.35
Definitions P
P. Definitions, "P." The following definitions are in alphabetical order.
Pad. A level area created by grading to accommodate development.
Paper Product Manufacturing. The manufacture of paper and paperboard, from both
raw and recycled materials, and their conversion into products including paper bags,
boxes, envelopes, wallpaper, etc.
Parcel. See "Lot, or Parcel."
Parking Facilities/Vehicle Storage. Service establishments in the business of storing
operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients.
Includes both day use and long-term public and commercial garages, parking lots and
structures, except when accessory to a primary use. (All primary uses are considered to
include any customer or public use off-street parking required by the Development Code.)
Includes sites where vehicles are stored for rental or leasing. Does not include dismantling
yards (classified in "Recycling Facilities - Scrap and Dismantling Yards").
Parks and Playgrounds. Public parks, play lots, playgrounds, and athletic fields for non-
commercial neighborhood or community use, including tennis courts. If privately -owned,
the same facilities are included under the definition of 'Private Residential Recreation
Facilities." See also "Outdoor Recreation."
Patio. A typically paved outdoor area on the site of a dwelling that is used for lounging,
dining, etc.
Paving and Roofing Materials Manufacturing. The manufacture of various common
paving and petroleum-based roofing materials, including bulk asphalt, paving blocks
made of asphalt, creosote wood and various compositions of asphalt and tar. The
manufacture of wood roofing materials (shingles, shakes, etc.) is included under "Lumber
and Wood Product Manufacturing."
Permitted Use. A use of land identified by Article II (Zoning Districts and Allowable
Land Uses) as being allowed in a particular zoning district, subject to the approval of a
Zoning Clearance, in compliance with 22.46 (Zoning Clearances).
Person. Any individual, firm, co -partnership, corporation, company, association, joint
stock association; city, county, state, or district; and includes any trustee, receiver,
assignee, or other similar representative thereof.
Personal Services. Establishments providing non-medical services to individuals as a
primary use, including:
acupressure
clothing rental
massage therapy
nail salons
dry cleaning pick-up stores
shoe repair shops
hair cuttingistyling
tailors
home electronics repair
tanning salons
Laundromats (self-service laundries)
tattoo parlors
These uses may also include accessory retail sales of products related to the
services provided.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V�-36
Definitions p
Pet Shops. Retail stores selling birds, cats, dogs, fish, and other common
household pets, including supplies for the care and feeding of the animals sold.
This use may include pet grooming, but not the boarding of animals other than
those for sale. See "Veterinarians, Animal Hospitals, Kennels."
Planned Development. As defined by Civil Code Section 1351(k), a
development (other than a community apartment project, condominium, or
stock cooperative) having either or both of the following features:
1. The common area is owned either by an association or in common by the
owners of the separate interests who possess appurtenant rights to the
beneficial use and enjoyment of the common area; and/or
2. A power exists in the association to enforce an obligation of an owner of a
separate interest with respect to the beneficial use and enjoyment of the
common area by means of an assessment which may become alien upon
the separately owned parcel, or area in compliance with Civil Code Section
1367.
Planning Commission. The Diamond Bar Planning Commission, appointed
by the Diamond Bar City Council in compliance with Government Code Section
65101, referred to throughout this Development Code as the "Commission."
Plant Nurseries and Garden Supply Stores. Commercial agricultural
establishments engaged in the production of ornamental plants and other
nursery products, grown under cover or outdoors. Includes stores selling these
products, and commercial scale greenhouses. The sale of house plants or other
nursery products entirely within a building is also included under "General
Retail Stores." Home greenhouses are included under "Residential Accessory
Uses and Structures."
Plastics and Rubber Product Manufacturing. The manufacture of rubber
products including: tires; rubber footwear, mechanical rubber goods; heels and
soles; flooring; and other rubber products from natural, synthetic or reclaimed
rubber. Also includes establishments engaged primarily in manufacturing tires.
Also includes: establishments engaged in molding primary plastics for other
manufacturers, and manufacturing miscellaneous finished plastics products;
fiberglass manufacturing, and fiberglass application services. Establishments
engaged primarily in recapping and retreading automobile tires are classified
in "Vehicle Services - Major Repair/Body Work."
Powered model vehicle. A self-propelled airborne, waterborne or landborne
plane, vessel or vehicle which is not designed to carry individuals, including,
but not limited to, any model airplane, boat, car or rocket.
Preferential parking. Parking spaces designated or assigned, through use of
a sign or painted space markings for carpool and vanpool vehicles carrying
commute passengers on a regular basis that are provided in a location more
convenient to a place of employment than parking spaces provided for single
occupant vehicles.
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Primary structure. A structure that accommodates the primary use of the site.
Primary use. The main purpose for which a site is developed and/or used,
including the activities that are conducted on the site a majority of the hours
during which activities occur.
Primary zoning district. The zoning district applied to a site by the Zoning
Map, to which an overlay zoning district may also be applied.
Printing and Publishing. Establishments engaged in printing by letterpress,
lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and
other establishments serving the printing trade, including bookbinding,
typesetting, engraving, photoengraving and electrotyping. This use also
includes establishments that publish newspapers, books and periodicals;
establishments manufacturing business forms and binding devices. "Quick
printing" services are included in the definition of 'Business Support Services."
Private Residential Recreation Facilities. Privately -owned, non-commercial
outdoor recreation facilities provided for members or project/neighborhood
residents, including swim and tennis clubs, park and sport court facilities. Does
not include golf courses/ country clubs, which are separately defined.
Prominent ridge. See "Ridge, prominent."
Protection zone. The area within the drip line of a tree and extending to a
point at least five feet outside of the dripline, or 15 feet from the trunk of a tree,
whichever distance is greater.
Psychic readers. Commercial services including fortune tellers, and other
types of psychic advisors.
Public nuisance. A public nuisance affects an entire community or
neighborhood, or any considerable number of persons at the same time,
although the extent of the annoyance or damage inflicted upon individuals may
be unequal. Cal. Civ. Code 3480. A public nuisance is an act or omission
which interferes with the interests of the community or interferes with the
public health, safety, and welfare.
Public Safety Facilities. Facilities operated by public agencies including fire
stations, other fire prevention and fire fighting facilities, police and sheriff
substations and headquarters, including interim incarceration facilities.
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Public Utility Facilities. Fixed base structures and facilities serving as junction
points for transferring utility services from one transmission voltage to another
or to local distribution and service voltages. These uses include any of the
following facilities that are not exempted from land use permit requirements
by Government Code Section 53091:
corporation and maintenance yards.
electrical substations and switching stations
natural gas regulating and distribution facilities
public water system wells, treatment plants and storage
telephone switching facilities
wastewater treatment plants, settling ponds and disposal fields
These uses do not include office or customer service centers (classified in
"Offices"), or equipment and material storage yards.
Pure tone noise. A sound that can be judged as audible as a single pitch or a
set of single pitches by the Director. For the purposes of this Chapter, a pure
tone shall exist if the one-third octave band sound -pressure level in the band
with the tone exceeds the arithmetic average of the sound -pressure levels of the
two contiguous one-third octave bands by five dB for center frequencies of 500
Hertz and above, and by eight dB for center frequencies between 160 and 400
Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz.
Q. Definitions, "Q." No definitions of terms beginning with the letter "Q" are used
at this time.
R. Definitions, "R." The following definitions are in alphabetical order.
Rain sensing device. A system which automatically shuts off the irrigation
system when it rains.
Recreational area. Areas of active play or recreation (e.g., sports fields, school
yards, picnic grounds) or other areas with intense foot traffic.
Recreational vehicle (RV). A motor home, travel trailer, truck camper, or
camping trailer, with or without motive power, originally designed for human
habitation for recreational, emergency, or other occupancy, which meets all of
the following criteria:
1. It contains less than 320 square feet of internal living room area, excluding
built-in equipment, including wardrobe, closets, cabinets, kitchen units or
fixtures, and bath or toilet rooms;
2. It contains 400 square feet or less of gross area measured at maximum
horizontal projections;
3. It is built on a single chassis; and
4. It is either self-propelled, truck -mounted, or permanently towable on the
highways without a towing permit.
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Definitions
Recreational Vehicle Park. A site where one or more lots are used, or are
intended to be used, by campers with recreational vehicles or tents.
Recreational vehicle parks may include public restrooms, water, sewer, and
electric hookups to each lot and are intended as a higher density, more
intensively developed use than campgrounds. May include accessory retail
uses where they are clearly incidental and intended to serve RV park patrons
only.
Recycling Facilities. This land use type includes a variety of facilities involved
with the collection, sorting and processing of recyclable materials.
1. Collection facility. A center where the public may donate, redeem or sell
recyclable materials, which may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of 350 square feet or
less and may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending
machines occupying more than 50 square feet; and
(3) Kiosk -type units which may include permanent structures.
c. Large collection facilities which occupy an area of more than 350
square feet and/or include permanent structures.
2. Mobile recycling unit. An automobile, truck, trailer, or van used for the
collection of recyclable materials, carrying bins, boxes, or other containers.
3. Processing facility. A structure or enclosed space used for the collection
and processing of recyclable materials for shipment, or to an end -user's
specifications, by such means as baling, briquetting, cleaning, compacting,
crushing, flattening, grinding, mechanical sorting, remanufacturing and
shredding. Processing facilities include the following types, both of which
are included under the definition of 'Recycling Facilities - Scrap and
Dismantling.Yards:"
a. Light processing facility occupies an area of under 45,000 square feet
of collection, processing and storage area, and averages two outbound
truck shipments each day. Light processing facilities are limited to
baling, briquetting, compacting, crushing, grinding, shredding and
sorting of source separated recyclable materials sufficient to qualify as
a certified processing facility. A light processing facility shall not
shred, compact, or bale ferrous metals other than food and beverage
containers; and
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Definitions
b. A heavy processing facility is any processing facility other than a light
processing facility.
4. Recycling facility. A center for the collection and/or processing of
recyclable materials. A "certified" recycling or processing facility is
certified by the California Department of Conservation as meeting the
requirements of the California Beverage Container Recycling and Litter
Reduction Act of 1986. A recycling facility does not include storage
containers located on a residentially, commercially or industrially
designated site used solely for the recycling of material generated on the
site. See "Collection Facility" above.
5. Recycling or recyclable material. Reusable domestic containers and other
materials which can be reconstituted, remanufactured, or reused in an
altered form, including glass, metals, paper and plastic. Recyclable
material does not include refuse or hazardous materials.
6. Reverse vending machine. An automated mechanical device which
accepts at least one or more types of empty beverage containers and issues
a cash refund or a redeemable credit slip with a value not less than the
containers redemption value, as determined by State law. These vending
machines may accept aluminum cans, glass and plastic bottles, and other
containers.
A bulk reverse vending machine is a reverse vending machine that is larger
than 50 square feet, is designed to accept more than one container at a time,
and issues a cash refund based on total weight instead of by container.
7. Scrap and dismantling yards. Outdoor establishments primarily engaged
in assembling, breaking up, sorting, and the temporary storage and
distribution of recyclable or reusable scrap and waste materials, including
auto wreckers engaged in dismantling automobiles for scrap, and the
incidental wholesale or retail sales of parts from those vehicles. Includes
light and heavy processing facilities for recycling (see the definitions
above). Does not include: places where these activities are conducted
entirely within buildings; pawn shops, and other secondhand stores; the
sale of operative used cars; or landfills or other waste disposal sites.
Rehabilitated ArmManoscaping project that requires or is a
component of a required permit, including a Grading Permit, Building Permit,
or Conditional Use Permit.
Religious Places of Worship. Religious facilities operated by organizations for
worship, or the promotion of religious activities, including churches,
synagogues, mosques, etc., and religious schools; and accessory uses on the
same site, including living quarters for ministers and staff, and child day care
facilities where authorized by the same type of land use permit required for the
church itself. Other establishments maintained by religious organizations,
including full-time educational institutions, hospitals and other potentially
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befinition
related operations (i.e., a recreational camp) are classified according to their
respective activities.
Research and Development. Indoor facilities for scientific research, and the
design, development and testing of electrical, electronic, magnetic, optical and
mechanical components in advance of product manufacturing, that are not
associated with a manufacturing facility on the same site. Includes chemical
and biotechnology research and development. Does not include computer
software companies (see "Offices - Production"), soils and other materials
testing laboratories (see "Business Support Services"), or medical laboratories
(see "Medical Services - Clinics and Labs").
Residential Accessory Uses and Structures. Any or use and/or structure that
is customarily a part of, and clearly incidental and secondary to, a residence and
does not change the character of the residential use. These uses include the
following detached accessory structures, and other similar structures normally
associated with a residential use of property:
garages
studios
gazebos
greenhouses
swimming pools
spas and hot tubs
tennis and other on-site sport courts
storage sheds
workshops
Also includes the indoor storage of automobiles (including their incidental restoration and
repair), personal recreational vehicles and other personal property, accessory to a
residential use. Does not include home satellite dish and other receiving antennas for
earth -based TV and radio broadcasts; see "Telecommunications Facilities."
Residential Care Homes. Facilities providing residential social and personal care for
children, the elderly, and people with some limits on their ability for self-care, but where
medical care is not a major element. Includes children' homes; family care homes; foster
homes; group homes; halfway houses; orphanages; rehabilitation centers; and similar uses.
Does not include child day care facilities or family day care homes, which are separately
defined (see "Child Day Care").
Residential district or zone. Any of the residential zoning districts established by
22.06.020 (Zoning Districts Established).
Restaurant, Counter Service. A retail business where customers are served prepared
food from a walk-up ordering counter for either on- or off -premise consumption. A
restaurant with drive -up or drive-through service is instead included under the definition
of "Drive-in and Drive-Thru Sales."
Restaurant, Table Service. A retail business selling food and beverages prepared on the
site, where most customers are served food at tables for on -premise consumption. These
restaurants may also provide food on a take-out basis where take-out is clearly secondary
to table service.
Review authority. The individual or official City body (the Community Development
Director, Planning Commission, or City Council) identified by this Development Code as
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Definitions
having the responsibility and authority to review, and approve or disapprove the permit
applications described in Article IV (Land Use and Development Permit Procedures).
Ridesharing. The cooperative effort of two or more people traveling together for the
purpose of getting to work. Utilization of carpools, vanpools, buspools, taxipools, trains
and bus and rail transit are all examples of ridesharing.
Ridge. A long, narrow, conspicuous elevation of land.
Ridge, prominent. A ridge or hill location which is visible from a major arterial,
secondary, or collector street, which forms part of the skyline or is seen as a distinct edge
against a backdrop of land at least 300 feet horizontally behind it, or is so designated by
the Planning Commission or City Council.
Roadway. A means of access over private property to more than one residential unit.
Runoff. Water that is not absorbed by the soil or landscape to which it is applied and
flows from the area. For example, runoff may result from water that is applied at too great
a rate (application rate exceeds infiltration rate) or when there is a severe slope.
S. Definitions, "S." The following definitions are in alphabetical order.
Schools. Public and private educational institutions, including:
boarding schools
business, secretarial, and vocational schools
community colleges, colleges and universities
elementary, middle, and junior high schools
establishments providing courses by mail
high schools
military academies
professional schools (law, medicine, etc.)
seminariestreligious ministry training facilities
Also includes specialized non -degree granting schools offering instruction in:
art
ballet and other dance
computers and electronics
drama
driver education
language
music
Also includes facilities, institutions and conference centers that offer specialized programs
in personal growth and development, including fitness, environmental awareness, arts,
communications, and management. Does not include pre-schools and child day care
facilities (see "Child Day Care Facilities").
Second Hand Stores. Indoor retail establishments that buy and sell used products,
including books, clothing, furniture and household goods. The sale of antiques is included
under "Art, Antique, Collectible and Gift Sales." The sale of cars and other used vehicles
is included under "Auto, Mobile Home and Vehicle Sales." Does not include pawn shops.
Secondary Residential Units. A second permanent dwelling, or "granny flat" that is
accessory to a primary dwelling on the same site. A secondary residential unit provides
complete, independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, sanitation, and parking.
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Service Station. A retail business selling gasoline or other motor vehicle fuels, which may
also provide services which are incidental to fuel services. These secondary services may
include vehicle engine maintenance and repair, towing and trailer rental services. Does
not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body
or fender work, or the rental of vehicle storage or parking spaces.
Setback. The distance by which a structure, parking area or other development feature
must be separated from a lot line, other structure or development feature, or street
centerline. Setbacks from private streets are measured from the edge of the easement. See
also "Yard." Figure 6-8 (Setbacks) shows the location of front, side, street side, rear, and
interior setbacks.
Front lot line
-----------------------------
Figure 6-8
SETBACKS
Shopping Center. Primarily retail commercial sites with two or more separate businesses
sharing common pedestrian and parking areas. A small-scale shopping center: is 55,000
square feet or less in gross floor area; is on a site less than 5 acres in net area; has the
majority of its parking located between the public streets and its buildings, and no parking
underground or within a parking structure.
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Buildable Area
------ ---1
1{
I Rear
setback
Street
i
3t
I I
I Interior 1 I
side
I t
setback
I
I Side
Isetback
1 �
1 I
_ 1
Front
setback
Front lot line
-----------------------------
Figure 6-8
SETBACKS
Shopping Center. Primarily retail commercial sites with two or more separate businesses
sharing common pedestrian and parking areas. A small-scale shopping center: is 55,000
square feet or less in gross floor area; is on a site less than 5 acres in net area; has the
majority of its parking located between the public streets and its buildings, and no parking
underground or within a parking structure.
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Sign. Any structure, device, figure, painting, display, message placard, or other
contrivance, or any part thereof, situated outdoors or indoors, which is designed,
constructed, intended, or used to advertise, or to provide data or information in the nature
of advertising, to direct or attract attention to an object, person, institution, business,
service, event, or location by any means, including words, letters, figures, designs,
symbols, fixtures, colors, illumination, or projected images. The following terms related
to signs are used in this Development Code.
1. Abandoned sign. Any sign which no longer advertises a business, lessor, owner,
product, service or activity on the premises where the sign is displayed.
2. Alteration. Any change of copy, sign face, color, size, shape, illumination, position,
location, construction, or supporting structure of any sign.
3. Animated or moving sign. Any sign which uses movement, lighting, or special
materials to depict action or create a special effect to imitate movement.
4. Area of a sign. See "Sign Area."
5. Awning sign. Any sign copy or logo attached to or painted on an awning.
6. Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar non -rigid
material used for advertising purposes attached to any structure, staff, pole, line,
framing, or vehicle, not including official flags of the United States, the State of
California, and other states of the nation, counties, municipalities, official flags of
foreign nations and nationally or internationally recognized organizations.
7. Bench sign. Copy painted on any portion of a bench.
8. Business identification sign. A sign which serves to identify only the name, address,
and lawful use of the premises upon which it is located and provides no other
advertisements or product identification.
9. Cabinet sign (can sign). A sign which contains all the text and/or logo symbols
within a single enclosed cabinet and may -or may not be illuminated.
10. Changeable copy sign. A sign designed to allow the changing of copy through
manual, mechanical, or electrical means including time and temperature.
11. Channel letters. Three dimensional individually cut letters or figures, illuminated or
unilluminated, affixed to a structure.
12. Civic event sign. A temporary on-site sign, other than a commercial sign, posted to
advertise a civic event sponsored by a public agency,.private school, church, civic -
fraternal organization, or similar noncommercial organization.
13. Contractor or construction sign. A sign which states the name of the developer and
contractor(s) working on the site and any related engineering, architectural or
financial firms involved with the project.
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14. Directional sign. An on-site sign which is designed and erected solely for the
purposes of directing vehicular and/or pedestrian traffic within a project.
15. Directory sign. A sign for listing the tenants and their suite numbers of a multiple
tenant structure or center.
16. Double-faced sign. A sign constructed to display its message on the outer surfaces
of two identical and/or opposite parallel planes.
17. Electronic reader board sign. A sign with a fixed or changing display/message
composed of a series of lights, but not including time and temperature displays.
18. Flashing sign. A sign that contains an intermittent or sequential flashing light source.
19. Future tenant identification sign. A temporary sign that identifies the names of
future businesses that will occupy a site or structure.
20. Garage sale sign. A sign with a message advertising the resale of personal property
that has been used by the resident.
21. Height of sign. The vertical distance from the uppermost part of the sign used in
determining the area of the sign to the elevation of the top of the curb of the public
street or the base of the building, whichever is closer to the location of the sign.
22. Holiday decoration sign. Temporary signs, in the nature of decorations, clearly
incidental to and customarily associated with nationally recognized holidays and
which contain no advertising message.
23. Illegal sign. A sign which includes any of the following:
a. A sign erected without first complying with all regulations in effect at the time of
its construction or use;
b. A sign that was legally erected, but whose use has ceased, the structure upon
which the display is placed has been abandoned by its owner, or the sign is not
being used to identify or advertise an ongoing business for a period of not less
than 90 days;
c. A sign that was legally erected which later became nonconforming as a result of
the adoption of an ordinance, the amortization period for the display provided
by the ordinance rending the display conforming has expired, and conformance
has not been accomplished;
d. A sign that was legally erected which later became nonconforming and then was
damaged to the extent of 50% or more of its current replacement value;
e. A sign which is a danger to the public or is unsafe;
f. A sign which is a traffic hazard not created by relocation of streets or highways
or by acts of the City; or
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g. A sign that pertains to the specific event and five days have elapsed since the
occurrence of the event.
24. Institutional sign. A sign used by a nonprofit, religious, or public entity (e.g., church,
library, school, hospital, or government building).
25. Internally illuminated sign. A sign that has characters, letters, figures, designs, or
outlines and whose light source is located in the interior of the sign so that the rays go
through the face of the sign, or light source which is attached to the face of the sign
and is perceived as a design element of the sign.
26. Logo. A distinctive organization or company signature, trademark, or symbol.
27. Marquee (canopy) sign..A sign which is attached to or otherwise made a part of a
permanent roof -like structure which projects beyond the building wall in the form of
a large canopy to provide protection from the weather.
28. Menu board. A sign depicting the menu of a restaurant or fast-food takeout facility.
29. Monument sign. An independent, freestanding structure supported on the ground
having a solid base as opposed to being supported by poles or open braces.
30. Nameplate. A small sign or plaque identifying the name and/or address of the
occupant of a structure or business.
31. Nonconforming sign. An advertising structure or sign that was lawfully erected and
maintained prior to [INSERT EFFECTIVE DATE OF DEVELOPMENT CODE], but
does not now completely comply with the requirements of this Development Code.
32. Off -Site directional sign. A sign identifying a publicly owned facility, emergency
facility, or a temporary subdivision sign, but excluding real estate signs.
33. Off -Site sign. Any sign identifying a use, facility, service, or product which is not
located, sold, or manufactured on the same premise as the sign or which identifies a
use, service, or product by a brand name which, although sold or manufactured on the
premise, does not constitute the principal item for sale or manufactured on the
premise.
34. Permanent sign A sign constructed of durable materials and intended to exist for the
duration of.time that the use or occupant is located on the premises.
35. Political sign. A sign designed for the purpose of advertising support of or
opposition to a candidate or proposition for a public election.
36. Portable sign. A sign that is not permanently affixed to a structure or the ground.
37. Projecting sign. A sign other than a wall sign suspending from, or supported by, a
structure and projecting outward.
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38. Promotional sign. A sign erected on a temporary basis to promote the sale of new
products, new management, new hours of operation, a new service, or to promote a
special sale.
39. Real estate sign. A sign indicating that a property or any portion thereof is available
for inspection, sale, lease, rent, or directing people to a property, but not including
temporary subdivision signs.
40. Roof sign. A sign constructed upon or over a roof, or placed so as to extend above the
edge of the roof.
41. Special event sign/banner. A temporary sign or banner that is intended to inform
the public of a unique happening, action, purpose, or occasion (i.e., grand opening or
community event).
42. Temporary sign. Any sign intended to be displayed for a limited period of time and
capable of being viewed from any public right-of-way, parking area or neighboring
property.
43. Translucent. Surface that allows light to shine through, but is diffused to the extent
that distinct images cannot be perceived.
44. Vehicle sign. A sign which is attached to or painted on a vehicle which is parked on
or adjacent to any property, the principal purpose of which is to attract attention to
a product sold or business located on the property.
45. Wall sign. A sign which is attached to or painted on the exterior wall of a structure
with the display surface of the sign approximately parallel to the building wall.
46. Window sign. Any sign posted, painted, placed, or affixed in or on any window
exposed to public view. Any interior sign which faces any window exposed to public
view and is located within three feet of the window
Sign area. The entire area within a perimeter defined by not more than eight straight lines
joined at right angles that enclose the extreme limits of the sign's lettering, logos,
trademarks, or other graphic representations, together with any background trim forming
an integral part of the display and used to differentiate the sign from the supporting
structure or surface upon which it is placed.
Single -Family Dwellings. A building designed for and/or occupied exclusively by one
family. Also includes factory -built, modular housing units, constructed in compliance
with the Uniform Building Code (UBC), and mobile homes/manufactured housing on
permanent foundations. May include the rental of rooms within a dwelling also occupied
by the property owner or a primary tenant.
Site. A parcel or adjoining parcels under single ownership or single control, considered
a unit for the purposes of development or other use.
Site coverage. The percentage of total site area occupied by structures, and paving for
vehicle use. Structure/building coverage includes the primary structure, all accessory
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Definitions
41
structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures,
etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor,
porches, stairs, etc.). Structure/building coverage is measured from exterior wall to
exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor
parking, and circulation of motor vehicles. See Figure 6-8 (Site Coverage).
-------------------
Landscaped ----•—•-----------Landscaped i
area
Figure 6-9
SITE COVERAGE
Building
coverage
Paving
coverage
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Slope. An inclined ground surface, the inclination of which is expressed as a ratio of
horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of
any given slope is determined by dividing the rise by the run, multiplied by 100.
1. Average slope. Average slope shall be determined by using the following formula:
S = 0.002296 L Q
A
Where: S = Average slope of the parcel in percent
A = Total number of acres in the parcel
L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
2. Man-made slope. A manufactured slope consisting wholly or partially of either cut
or filled material.
3. Natural slope. A slope which is not man-made. A natural slope may retain natural
vegetation during adjacent grading operations or it may be partially or completely
removed and replanted.
Slope transition. The area where a slope bank meets the natural terrain or a level graded
area either vertically or horizontally.
Small -Scale Manufacturing. Manufacturing establishments not classified in another
major manufacturing group, including: musical instruments; toys; sporting and athletic
goods; pens, pencils, and other office and artists' materials; buttons, costume novelties,
miscellaneous notions; brooms and brushes; and other miscellaneous products.
Small Family Day Care Homes. See "Child Day Care Facilities."
Soil moisture sensing device. A device that measures the amount of water in the soil.
Sound level meter. An instrument, including a microphone, an amplifier, an output
meter and frequency weighting network, for the measurement of sound levels, that
satisfies the requirements pertinent for Type S2A meters in American National Standards
Institute specifications for sound level meters.
Stand. A natural grouping of three or more trees.
State. The State of California.
Stock Cooperative. A development defined by Business and Professions Code 11003.2
and Civil Code Section 1351(m), where a corporation is formed to hold title to improved
real property and the shareholders in the corporation receive a right of exclusive
occupancy in a portion of the real property.
Stone and Cut Stone Product Manufacturing. Manufacturing establishments engaged
primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997
VT -50
Definitions
6y
building and miscellaneous uses. Also includes establishments engaged primarily in
buying or selling partly finished monuments and tombstones.
Storage, Indoor. The storage of various materials entirely within a structure, as the
primary use of the structure. The storage of materials accessory and incidental to a
primary use is not considered a land use separate from the primary use.
Storage, Outdoor. The storage of various materials outside of a structure other than
fencing, either as an accessory or principal use.
Storage, Personal Storage Facility (Mini -Storage). A structure or group of structures
containing generally small, individual, compartmentalized stalls or lockers rented as
individual storage spaces and characterized by low parking demand.
Story. A horizontal section of a building, with a single continuous or primarily continuous
floor, including all rooms on the same floor or level of the building.
Street. A public thoroughfare accepted by the City, which affords principal means of
access to abutting property, including avenue, place, way, drive, lane, boulevard, highway,
road, and any other thoroughfare except an alley as defined in this Subsection.
Street line. The boundary between a street right-of-way and property.
Structure. Anything constructed or erected, the use of which requires attachment to the
ground or attachment to something located on the ground. For the purposes of this
Development Code, the term "structure" includes 'buildings."
Structure, primary. See "Primary Structure."
Structural Clay and Pottery Product Manufacturing. Manufacturing establishments
engaged primarily in producing brick and structural clay products, including pipe, china
plumbing fixtures, and vitreous china articles, fine earthenware and porcelain products.
Artist/ craftsman uses are included in "Cottage Industries," "Handcraft Industries and
Small Scale Manufacturing," "Home Occupations."
Studios for Art, Dance, Music, Photography, etc.. Facilities for: individual and group
instruction and training in the arts; production rehearsal; photography, and the processing
of photographs produced only by users of the studio facilities; and martial arts training
studios.
Subdivider. A person, firm, corporation, partnership or association, a governmental
agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or
subsidiary, who proposes to subdivide for themself or others, except employees and
consultants or other persons or entities acting in this capacity on behalf of the subdivider.
Subdivision. The division, by any subdivider, of any unit or portion of land shown on the
latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the
purpose of sale, lease or financing, whether immediate or future. Property shall be
considered as contiguous units, even if it is separated by roads, streets, utility easement
or railroad rights-of-way. Subdivision includes a condominium project, as defined in
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VT -51
Definitions
S
Section 950 of the Civil Code, a community apartment project, as defined in Section 11004
of the Business and Professions Code, or the conversion of five or more existing dwelling
units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions
Code.
Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government
Code, commencing with Section 66410 as presently constituted, and any amendments to
those provisions.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 Vi -52
Definitions T
T. Definitions, "T." The following definitions are in alphabetical order.
Telecommunications Facilities. Public, commercial and private electromagnetic and
photoelectrical transmission, broadcast, repeater and receiving stations for radio,
television, telegraph, telephone, cellular telephone, and data network communications;
including commercial earth stations for satellite -based communications. Includes
antennas, towers, commercial satellite dish antennas, and equipment buildings. Does not
include telephone, telegraph and cable television transmission facilities utilizing hard-
wired or direct cable connections (see 'Pipelines and Utility Lines").
Telecommuting. A work arrangement for performing work electronically, where
employees work at a location other than the primary work location (i.e. at home or in a
subordinate office).
Teleconferencing. Telephone or video multi-access link for group communication.
Teleservices. Automatic information services (i.e. automatic teller machines, telephone
information services, telephone banking/ transactions, computer mail, computer modem,
facsimile).
Textile and Leather Product Manufacturing. Manufacturing establishments engaged in
performing any of the following operations:
coating, waterproofing, or otherwise treating fabric
dying and finishing fiber, yam, fabric, and knit apparel
manufacture of knit apparel and other finished products from yam
manufacture of felt goods, lace goods, non -woven fabrics and miscellaneous textiles
manufacturing of woven fabric, carpets and rugs from yam
preparation of fiber and subsequent manufacturing of yam, threads, braids, twine cordage
upholstery manufacturing
Theaters. Indoor facilities for public assembly and group entertainment, other than
sporting events, including:
civic theaters, meeting halls and facilities for "live" theater and concerts
exhibition and convention halls
meeting halls for rent
motion picture theaters
public and semi-public auditoriums
similar public assembly uses
Does not include outdoor theaters, concert and similar entertainment facilities, and indoor
and outdoor facilities for sporting events; see "Outdoor Recreation."
Topping or pollarding. The practice of making large perpendicular cuts on a main trunk
or laterals, resulting in a flush of small brittle branches in an unnatural growth pattern.
Often used to decrease height of trees.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 VI• -53
Definitions
T
Traffic Safety Sight Area. A triangular area on a corner parcel formed by measuring 35
feet from the intersection of the front and street side property lines, and connecting the
lines across the property. See Figure 6-10.
setback
/ t 35 Front lot line
---------------------
Sight distance area
Figure 6-10
TRAFFIC SAFETY SIGHT AREA
Transit Stations and Terminals. Passenger stations for vehicular, ferry, and rail mass
transit systems; also terminal facilities providing maintenance and service for the vehicles
operated in the transit system. Includes buses, taxis, railway, etc.
Transit Stop Shelter. A small-scale covered waiting area for busses, taxis, and rail/mass
transit stops.
Transportation demand management. The implementation of programs, policies or
permit approvals designed to encourage changes in individual travel behavior, including
emphasis on alternative travel modes to single occupant vehicle use (i.e. carpools,
vanpools and public transit, reduction or elimination of vehicle trips, shifts in peak hour
vehicle commuting, etc.).
Trees of significant historical or cultural value. A tree that is deemed historically or
culturally significant by action of the City Council because of its size or location,
association with a particular place, or its status as a local landmark.
Trip reduction. Reduction of the number of work related trips taken during peak -hours
in single occupant vehicles.
Turf. A single -bladed grass or sod.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997
VT -54
Buildable Area
._._--
i;
.._.1
!I
IRear
setback
i
t ,
Street
t Interior
side ,,
t
setback ,,
t
t I Side
Isetback
t I
t
35 t
setback
/ t 35 Front lot line
---------------------
Sight distance area
Figure 6-10
TRAFFIC SAFETY SIGHT AREA
Transit Stations and Terminals. Passenger stations for vehicular, ferry, and rail mass
transit systems; also terminal facilities providing maintenance and service for the vehicles
operated in the transit system. Includes buses, taxis, railway, etc.
Transit Stop Shelter. A small-scale covered waiting area for busses, taxis, and rail/mass
transit stops.
Transportation demand management. The implementation of programs, policies or
permit approvals designed to encourage changes in individual travel behavior, including
emphasis on alternative travel modes to single occupant vehicle use (i.e. carpools,
vanpools and public transit, reduction or elimination of vehicle trips, shifts in peak hour
vehicle commuting, etc.).
Trees of significant historical or cultural value. A tree that is deemed historically or
culturally significant by action of the City Council because of its size or location,
association with a particular place, or its status as a local landmark.
Trip reduction. Reduction of the number of work related trips taken during peak -hours
in single occupant vehicles.
Turf. A single -bladed grass or sod.
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997
VT -54
Definitions U
U. Definitions, "U." The following definitions are in alphabetical order.
Unit. See "Housing Unit."
Use. The purpose for which land or a structure is designed, arranged, intended, occupied,
or maintained.
Use, primary. See "Primary Use."
Utility Lines. Facilities for the transmission of electrical energy for sale, including
transmission lines for a public utility company. Also includes telephone, telegraph, cable
television and other communications transmission facilities utilizing direct physical
conduits. Does not include offices or service centers (see "Offices"), or distribution
substations (see "Public Utility Facilities").
V. Definitions, "V." The following definitions are in alphabetical order.
Vanpool. A van occupied by seven or more persons commuting together to and from
work on a regular basis.
Variance. A discretionary entitlement that may waive or relax the development standards
of this Development Code, in compliance with 22.54 (Variances).
Vehicle and Freight Terminals. This land use consists of transportation establishments
furnishing services incidental to air, motor freight, and rail transportation including:
freight forwarding services
freight terminal facilities
joint terminal and service facilities
packing, crating, inspection and weighing services
postal service bulk mailing distribution centers
transportation arrangement services
trucking facilities, including transfer and storage
Vehicle Services. The repair, alteration, restoration, towing, painting, cleaning (including
self-service and attended car washes), or finishing of automobiles, trucks, recreational
vehicles, boats and other vehicles as a primary use, including the incidental wholesale and
retail sale of vehicle parts as an accessory use. This use includes the following categories.
Major Repair/Body Work. Repair facilities dealing with entire vehicles. These
establishments provide towing, collision repair, other body work, and painting
services; and also include tire recapping establishments.
2. Maintenance/Minor Repair. Minor facilities specialize in limited aspects of repair
and maintenance (e.g., muffler and radiator shops, quick -lube, etc.).
Does not include automobile parking (see 'Parking Facilities/Vehicle Storage"), repair
shops that are part of a vehicle dealership on the same site (see "Auto and Vehicle Sales,"
and "Mobile Home and Recreational Vehicle Sales"); automobile service stations, which
are separately defined; or automobile dismantling yards, which are included under
"Recycling -Scrap and Dismantling Yards."
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V:-55
Definitions
V
Veterinary Clinics and
used by veterinarians Animal Hospitals. Office and indoor
hospitals. including large and small animaletennacal treatment facilities
veterinary clinics, and animal
Vibration. The
cause a normal mirumurn ground or structperson to be awareure-bo
touch or visual observations of Mov the vibration b
me vibrational motion necessary
Presumed to be a y direct means (e to
motion velocityung objects). The perception g' sensation by
of 0.01 in/sec over the range o f one to 100 Heshallbe
Diamond Bar Development Code
Hearing Draft - Revised December 1, 1997 Article VI _
Development Code Definitions
V* -56
M
Definitions
Definitions, "W:' The following definitions are in alphabetical order• le of products
W and sale P
t emphasize the packaging scall
Warehouse Retail Stores. Retail stores p ed and buildings are usually large and
qua or volumes, some at discounted prices, where products are typically
in large q g containers
or may not be required to pay membership fees.
displayed m their ori final shipping
industrial in character. Patrons may Y
Wholesaling and Distribution. These facilities include the following.
Warehousing,
Facilities for the storage of farm odes cold forafurniture,
e 'household goods,
1
Warehousing-
or other commercial goods of any nage storage or mire - s tors a facilities offered for rent or
Does not include: warehouse,
Personal Storage Facilities'); warehouse
lease to the general public (see "Storage,
' ' 'es in whiff the primary P'�Po,� of storage is for wholesaling and distribution
facilities or terminal facilities for handling freight (see
(see Wholesaling and Distribution ),
"Vehicle and Freight Terminals')• lling merchandise to
2. Wholesaling and Distribution- Establishments
or profess oral business for or
retailers; to industrial, commercial,
or to other wholesalers; or acting agents
companies* includes such establishments as:
selling
merchandise to such pe
agents, merchandise or commodity brokers, and commission merchants
assemblers, buyers and associations engaged in the cooperative marketing of farm products
se
plumbing, heating and air conditioning suppiies and equipment.
merchant wholesalers
stores primarily seising electrical, p
ement of
tion
Water ex
efficient irrigation. The scheduling ce s or waste inacompliance system
with the
supply moisture to a landscape without ex
landscape/ irrigation criteria established in this Chapter. d and maintained to function
Water efficient landscaping. A landscape that is design
the
ds
ed in
t a healthful
and visually pleasing manner in compliaonc with
which have minimal dwater
this Chapter. This generally involves the strategic use p environments (xeriscape), and
requirements for subsistence, plants native to hot/dry
hardscape to achieve an overall landscape concept that is water conserving -
Weekday. Any day, Monday through Friday, which is not a legal holiday.
in device. A device that automatically shuts off the irrigation system during
Wind-sens $
times of heavy wind.
x. Definitions,
°X:' No definitions of terms beginning with the letter "X" are used at this
time.
DiamondDraft
a f - velpmen Code Revised December 1,1997
Hearing
ng
Article VI - Development Code Defin V -57
Jr Definitions Y
Y. Definitions, "Y." The following definitions are in alphabetical order.
Yard. An area between a lot line and a setback, unobstructed and unoccupied from the
ground upward, except for projections permitted by this Development Code, See
22.16.090 (Setback Measurement and Exceptions) and Figure 6-8 (Setbacks).
L Front yard. An area extending across the full width of the lot between the front lot
line and the required setback.
2. Rear yard. An area extending the full width of the lot between a rear lot line and the
required setback.
3. Side yard. An area extending from the front yard to the rear yard between the nearest
side lot line and the required setback.
Z. Definitions, "Z." The following definitions are in alphabetical order.
Zoning district. Any of the residential, commercial, industrial, special-purpose, or
combining districts established by Article Il of this Development Code (Zoning Districts
and Allowable Land Uses), within which certain land uses are allowed or prohibited, and
certain site planning and development standards are established (e.g., setbacks, height
limits, site coverage requirements, etc.).
Diamond Bar Development Code Article VI - Development Code Definitions
Hearing Draft - Revised December 1, 1997 V�-58
CHAPTER 22.44 - APPLICATIONS, PROCESSI--
G, AND FEES
Sections:
22.44.010 - Purpose
22.4.4.020 - Authority for Land Use and Zoning Decisions
22.44.030 - Application Filing
22.44.040 - Application Fees
22.44.050 - Initial Application Review
22.44.060 - Environmental Assessment
22.44.070 - Staff Report and Recommendations
22.44.010 - Purpose
This Article provides procedures and requirements for the preparation, filing, and initial
processing of applications for the land use permits and other entitlements required by this
Development Code. The provisions of this Article and Article FI
Development PeL.2tit Code Administration) are directory only.
the P,
22.44.020 - Authority for Land Use and Zoning Decisions
'Table 4-1 (Review Authority) identifies the City official or body responsible for reviewing and
making decisions on each type of application, land use permit and other entitlements required
by this Development
Type of Permit or Decision
Adult Oriented Business/Entertainer
Permit
Administrative Development
Conditional Use Permits
Development Agreements
Code Amend
Development Review
General Plan Amendments
TABLE 4-1
REVIEW ALIT'HORITX
Hearing Planning City
Director Officer Commission Council
H7::
Appeal Appeal
Diamond Bar Development Code
Hearing Draft - Revised December 1, 1997 Article IV - Permit Procedures
IV -3
Appeal
Recommend
Final
JFinal
Recommend
Final
Final
Appeal
ecommend
Final
Diamond Bar Development Code
Hearing Draft - Revised December 1, 1997 Article IV - Permit Procedures
IV -3
Type of Permit or Decision
Director
Hearing
Officer
Planning
Commission
City
Council
Interpretations
Final
Appeal
A al
Appeal
Minor Conditional Use Permits
Final
Appeal
Minor Variances
Final
A al
Appeal
Planned Sign Program
Final
Appeal
Sign Permits
Final
A al
A al
Specific Plans
Recommend
Final
Temporary Use Permits
Final
Apmal
A al
Tree Permits
Final
Appeal
Appeal
Variances
Final
Appeal
Zoning Clearances
Final
Appeal
Appeal
[Zoning Mav Amendments
Recommend
Final
Metes Note:
The Director and Hearing Officer may defer action on permit applications and refer the
item(s) to the Commission for the final decision.
2244.030 - Application Filing
A. Application contents. Applications for land use permits, eatifiewert- - t and
other matters pertaining to this Development Code shall be filed with the Department on
a City application form, together with all necessary fees and/or deposits, exhibits, maps,
materials, -plans, reports, and other information required by the Department; te-desembe
Applicants are encouraged to contact the
Department before submitting an application to verify which materials are necessary for
application filing.
B. Eligibility for filing. Applications may be filed by owners
of property, lessees of property, or dw4 agents, with k authorized by written consent of
the ewe owners, or persons who have contracted to purchase or lease the property
contingent upon acquisition of necessary permits under Ws
DeveiepmeM the City, which application shall be accompanied by a copy of the contract.
All three categories of applicants may be represented by an agent authorized to writing to file on
behalf of the applicant
C. Preapplication conference. A prospective applicant or agent is strongly encouraged to
request a preapplication conference with the Department before formal submittal of a permit
Diamond Bar Development Code Article [V - Permit Procedures
Hearing Draft - September 1997 IV4
T.-kBLE 3-YX
SLOPE CATEGORIES
L'P* natural Slope i
Cate (Percents e) f Site Standards
I • 10% to 24.9% Special hillside ar
mite grading
and design techniques that
2. I 25% to 39.9°/4 Structures g are required u1 this slope category.
small confonaturalrm to the na
tur
grade by using aPF�priate dechr u�aphy and
I
split-level foundations, stem
aq'�'including
clu'sted&Conventional gading walls' e stacbn& and
I >�ons of a �,� its y considered for
dd features, Vtrnsive open space, rs g�cantincludes �W'
use of
3• 409'4 to 49.9% evelopment within tiffs m
sites where it can be �� shall be restricted tol
j lnaximiz while environ � ted that safety will be
j �umized- Use of large lots, v aesti c impacts will I
j variable building structural variable setbacks and
f foundations) are expend, S�� shall be ques �S�p�
the visual impact of
'the �Pe' materials, and colors of their structures
and height. e
ctures shall blend with
I I of drivew enVirYs oon �d`The Dual and physical impact i
leliminatin g sidewalks, and reducing their s shjW be zed bvi
au�uatuan required for ewer en 8 mdths to thel
natural contours, using g cY access and following]
I and otherwise $ grade separations where neces�,
ming the need for grading.
4. I 504 and over Itis is an excessive slope condition
and it is anticipated that residenti
Isubdivisions will not be develo al
the" areas. It residential develodm
Pursued In these areas, at sizes mayns
considerably larger than the minimum
bo
allowed by the underlying zoning district
In order to complywith the standards and
ldellnes of this Chapter. Actual lot size
lMall be determined through the
Conditional Use permit process.
Diamond Bar DeTelopmtnt code
Hearing Draft - Reri"d October 14,1997 Article M - Site
Planning
M. _39
G� OSA
Q�
5:1 20 11
3:1 33 18
2:1 50 25 =
FIGURE III.9
22.22.080 - Grading
N
`o `G`� 4.
01 Q° pyo'
1.5:1 67 34
1:1 100 45
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.
(Figures 111-1 O &' 111-1 4) Limitations on project grading amounts and
configurations will be decided on a case-by-case basis under the Pe-weioptitent 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.
Acceptable
Ridg*line Cut
100
75�- /
Round off cut edges to conform to Ow
natural grade.
FIGURE III -10
Unacceptable
Standard cut Into nose or ridolne.
Diamond Bar Development Code Article M - Site Plannin
Hearing Draft -Revised December 1, 1997 111-48
I
Conventional GRADING TECHNIQUES
!I j►
Landform - Plan VISw
Landform - Obllquw Vlew
uummd Bar DePa "Ont Code
Hearing Draft • September M
FIGURE M 14
Revised December 1, 1997
III • Silt
I
I. T��e of variable slope ratios_ The use of landform :-adi,,
0-IncaVe indentations on buiiding pad areas which can result in asneteluss ut�bui��iabie
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 demonstrate by analysis and
certify that slopes so designed will meet standard stability requirements;
2) Overall ratio from toe to toe will be a Maximum of 2:1; �}
3) Ratios greater than 2:1 will also be used in the slope design.
B. Grading standards.
Finished slopes shall not be created greater that aro steeper than 50 percent
(2:1) except adjacent to a structure where the maxinntrrr created slope is limited to a
maximum of 67 percent. .
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 13.
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 d. arbance shall not be allowed on a hillside area prior to
the issuance of a grading permit with the exception of drill holes and exploratory
trenches for the collection of geologic and soil data. Exploratory trenches
and excess aocess roads should be properly
bookfillad and erosion treatment and revegetation
provided.
3. No point on any structure subject to the provisions of this Chapter shall be closer to a
prominent ridge than rikep30 feet
measured vertically on a cross section, whichever is more restrictive. (Figure
111-13) 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 - Revised December 1 , 1997 [IT -44
in orsistent aite�*ed, re_orscr-x e�, or s �er� a a�ned :� a mzr:.er _at s
�h the approved . ermit
2236.050 - Exemptions From Sign Permits
Sign Permits shall not be required for the signs 16ted in this Section, Exem t si
induded in the determination of the total allowable number
for a site/use. of signs or total allowablegnoarea
A. Permanent signs 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 areashereble w the ages are not visi
from any point on the boundary of the premises;
2 Official and legal notices required by a court or governZner til agencr,
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,-
191
tility;
Signs on licensed eammerdal vehicles, including trailers; provided, however, that
vehicles/trailers shall not be used as parked/stationary outdoor display agns;
3. Beech arid other signs located at designated public transit locations; and
6. Change of copy within an approved Comprehensive Si
gn provisions of the Comprehensive Sign that conforms to the
Pin gn Program. (22.36.060).
13. Permanent signs limited by ma)amum size.
The following signs are aaetnpt from Sign Permit review subject to the following limitations:
1- Occupant name, street number, and street rune signs not exceeding two square feet in
area PQ Zanily or multi-faauly unit Street address signs shall have
Arabic numbers a minimum of three inches In height;
2. Signs for eommerdal, office and industrial uses not exceeding two square feet and
limited to business identification, hours of operation, address and emerges
information:
3. Vesicle oriented safety and directional signs solely for the of
parking, and loading on vats purpose 8��g traffic,
�g Pn property, and not bearing advettsing materials.
Maximum sign arra shall be four square feet in .residential zoning districts and six
square feet in comawcial zoning districts. Maximum height for freestanding signs shall
be four feet Taller signs may be approved by the Director, if vialklity will not be
impaired;
Diamond Bar Development Code Artide M - Sift Planning
Hewing Draft - Septanba 1997 Inning
i(i.:.lCiin-
. •C �. (ll l; te._. 7 �', :: II .Ce., rh,'C •Il���, Ili)t.�C� _,'
^ruv:ded ur re�.uireei by :acv, `rade arriliatiuns, c:•ed;t ,` ' -C'
cards accepted, ,nd
Provided they are attached to an othenvise appruved freestandirg sign, or structure.
signs or notices shall not exceed one-half S lucre 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 sgnsi
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 astructure. These
signs shall not exceed four square feet in stream 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.
C. 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.
DE. 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
for each tenant space available not to exceed six square feet to be located at the
individual tenant space for rent or lease.
Diamond Bar Development Code Article M - Site Planning
Hearing Draft - Revised December 1, 1997 111-132
F. Revisions to Comprehensive Sign Programs.
Proe*ram may b
o e approved by the Director if it is aetermined that the re�isiun
that the intent of the originai approval, and anv condition; attached thereto, ,�:e nut
affected. Farr Revisions that would substantial!y deviate from the original appro�
Bireetor may require
tiied. Planning Commission approval.
22.36.070 - Sign Design Guidelines
fn determining the consistency of each proposed sign with the purposes of thi
following guidelines shall be applied: s Chapter, the
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 Article III - Site Planning
Hearing Draft - Revised December 1, 1997
III.134a
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.
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 5001ineal 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
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 Program permit required. Comprehensive Sign Programs are subject to
approval by the Planning Commission
Pellytit %vitid, may deviate hent Hie )lei Lei
in i'vitieft lite preject is Standards for signs provided in this Chapter shall serve as
a reference for evaluating Comprehensive Sign Program Prrrttit applications.
A Comprehensive Sign Program Permit shall be required whenever any of the following
circumstances exist:
1. Mew multi -tenant developments of three or more separate tenants that share either the
same parcel or structure and use common access and parking facilities;
Diamond Bar Development Code Article III - Site Planning
Hearing Draft - Revised December 1, 1997 III -133
_ ncnc, cr rig e ur more , -ns are rop��,ea rur .: ;Zcv.
- � t r�.�t r� �itf% pment.
henever waif signs are proposed on strnictures _)ver ;tones ,n height;
4. Whenever two or more signs are requested by a single tenant in an existing mu.ti-
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.).
C. For single use buildings with 200 feet or more of frontage, a Comprehensive Sign program may be approved
which exceeds the maximum aggregate sign area up to a limit of 200 sq. it., provided that::
1. No single wall sign so approved exceeds 125 sq, ft., and no freestanding sign exceeds 24 sq. ft.,
except as stated by the provisions of this Ordinance.
2. Any two signs placed on the same frontage which taken together exceed 125 sq. ft shall be
separated by no less than one-half the length of the building frontage.
3. No Comprehensive Sign Program shall be approved which allows any combination of signs which
exceed an overall maximum of 125 sq, ft. per use, except as stated by the provisions of this
ordinance.
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. 1n approving
use Fennit ' a Comprehensive Sign Program, the Commission/frig
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 22.6, respectively.
I. 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 visLially
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.
Diamond Bar Development Code Article M - Site Planning
Hearing Draft - Revised December 1, 1997 111-134
C. Affordability agreement. Affordability shall be guaranteed through an "Affordability Agreement" executed
between the developer and the City. Said agreement shall be recorded on the subject property with the
Recorder's Office prior to the issuance of building permits and shall become effective prior to final
inspection of the first unit The subject agreement shall be legally binding and enforceable on the property
owner(s) and any subsequent property owner(s) for the duration of the agreement. The agreement shall
include, but is not limited to, the following items:
1. The number of and duration of the affordability for the affordable units.
2. The method in which the developer and the City are to monitor the affordability of the subject
affordable units and the eligibility of the tenants or owners of those units over the period of the
agreement.
3. The method in which vacancies will be marketed and filled:
4. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units within the
project; and
Standards for maximum qualifying household incomes and standards for maximum rents or sales
prices.
Diamond Bar Development Code Article lII-Site Planning
Hearing Draft - Revised December 1, 1997
III -22a
A Lernerrce
� �is. The
P ; I !,urement ,ha;, he t; en tram the ne
acture the nearest point ut the propert,:ane ad uinim e't Feint
erh r P I the street to cchich 7e
F' P •� addressed and the street trom which access to the property is taken.
'Nhenever a future right-of-wav line is officially established, required yards shall be
measured from the established line(s);
b. Flag lots. The measurement shall be taken from
a parallel line established where the access strip meets the buildable area of the
parcel closest to the public street or right-of-way to the nearest point of the wall of the structure.
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 corner parcel shall be
measured from 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-wav line; and
b. Where the side lot lines converge to a point, aline 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 (Figttre-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:
L Chimneys/ fireplaces. A chimnev/ 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
Hearing Draft - Revised December 1, 1997 Article Ill -Site Planning
M-13
FIGURE M-3
Imagftlam Rear
'PfqPCMYrine
,j
2 Canopies, cornices; eaves and roof oved=g& Cantklmd ardutectural features on
the main structure; including, but not limited to, balconies, bay windows, des,
corruoes, eaves and solar devices, which do not manse the floor area enclosed by the
struCtUre, may adetd into required yards as follows:
a. Front yard setback UP to timce feet into the required front yard;
b. Side yard setback: Up to 30 incites 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 f6et to thee rear property lime.
3. Porches and stai mvayL lite following standards shall apply to potdIms and smn ay :
a- � Covered, munclosed porches, located at the same level as the ent mm
;and
b. Stairvays` Outside stairways and Iartdings„ that are not attadted to a deck are not
enclosed and do not Cdend above a ground floor entrance, ntay acre nd into required
yards as follows;
1) Front yad setback Up to six feet info a required Hart yard;
2) Side yard setback: Up to 30 UUift into a required side yard, but no closer than
three feet to a side property litre;
3) Rau yard setback: Up to six feet into a required rear yard.
Diamond Bw Daydopamt Cods Aeei�cie ID •Sits
Hming Dealt - Sgmnnbw 2997 r'm n
'x.16.080 - Screening and Buffering —
I= -u Section provides standards for ttte screenin
ki
eaLuDa�att and ocrddoor storage areas, and surrace err and buti�g of adjoining
nonresidential land parking areas Nntfi raped to alulti-far^r.��. and
A- 5aw'�M8 between different lead uses, Anopaque
asftUmasonry wall six feet in height, shall be sQeen aonssisting of plant material and
coataercal development ad'oins a ed �S P� bo hffLv a
be provided between the 1 residential zoning district p �danes w
residential devil mnlat�� des and � � a �� �Y
�' The wall shall be 8 mon
the approval of the Director, or they meted on both �� within
g Officer, if part of a project review. subs to
H. Mechanical egWPmeat Roof or ground mounted
heating,ventilationductsaril ochaust,water w �'�"t (e•8air
se0M"dCIte'=Ya2waste and Storage areas, and utility► se mem Shall be �etc=NnedfrMloading docks.
view from abuftng public streets and right-of-way, and abutting(s� _,
residential or open space uses, inoludtng viewvs from a'ed for
ProJ*ot The anethod of saming shall be ardv � t>� atha Utt
�opment in temw of eolorx mate� cis, and aretdttectur �patible with other site
Director. style subject to approval by the
The se+eertiag design/on shall
be ndnect �g Ofkff, if part of ato the approval of fire Director, or the
and include appropriate) � review, and shall blend with tate des
y installed and maintained landsca w of the structure(s)
Pm8 when on the ground;
C- Outdoor storage and work yam. U, with outdoor Stora
shall comply with the followin& P of materials, or operations
1. Outside uses small have a solid si t
8h obsauutg wall not less than six h or more
seven feet, in height; of a type erred design approved in a than
DirecOor, or the Hearing Officer, if part of a advance of construction by the
obscuring gates, lite wall and �° review. The wall shall includesight-
the conditions of the Director or-ji"shall c be Mijillintained to continuously conform to
g Officer;
Z Site operations in MOunctfon with the outdoor
loading and unloading of materials and, induding but not limited to, the
area; shall be conducted entirely within
D. Outdoor building and garden supply areas. Outdoor buil
shall s�eeryed with walls, fe:Ldng, lautdsmping� simile atat�aial tg and � fly areas
of the storage area; and minimize visibility
E Parking areas abuWmg public stets and
installed along parking areas abutting�� �' � °�� screen shall be
have a total height of not left than 30 ' rbc and r treets and ngh�°f-way. The screening shall
the finished elevation of the mchrs and not more than 42 inches. However, where
property elevation,the Pig area lower at the boundary line than the abutting
additional sattrtireg � � elevation maq be used in lieu of, or in combination with,
to sa ' requireaxnts of this Subsection.
oiamoad Du De"Jopwmt Coe
Hearin$ Draft - Sept mba I997
Adds III -:°tom
M-11
1. Landscaped berm. A berm constructed Of earthen materials and :and-< peri r(' "orm
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 II (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:
Lot Line
Buildable am
Rear
setback
j
Sesat �:,: Interior 1
side :
satbaeic
Side
rt� setback
l
Ftont
setback
Sum
` From lot lite
FIGURE III.2--_.___..._ mak_._ ......_........
._........._.
Diamond Bar Development Code Article In - Site Planning
Hearing Draft - Revised December 1 , 1997 III -12
�r,'VMLIm of Ii feetabove the a ,owed stricture he:�ht. The ;uta; re
,tructures above the allowed height shall not exceed 25 percent of the total ro„r .:reg
of the main structure. .additional height or area may be allowed subject to the
.approval of a Minor Conditional Use Permit in compliance with 21-56.
Maximum
height
Parallel to de
FIGURE III -1
AN
2. Chimneys, spires, towers, etc. Chimneys, cupolas, domes, flag
poles, ables spires,
towers, and similar structures may exceed the height limit p
testabgshed for the
applicable zoning district, «p to a maximum of 20 feet. Additional height may be
allowed subject to the approval of a Minor Conditional Use Permit in with
22.56.
22.16.070 - Open Space for Commercial Projects
This Section provides requirements and incentives for the provision of pedestrian -oriented
open spaces and amenities for newly developed or redeveloped commercial centers
throughout the City. The intent is to make the pedestrian environment more pleasant through
the provision of ptNie community open spaces, plazas, courtyards, outdoor dining and
seating areas, and associated amenities, including public art where appropriate.
A. Open space required. Multi -tenant commercial centers one acre in size and larger shall
provide a minimum 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
Hearing Draft - Revised December 1 , 1997 Article [II -Site Planning
M-9
B. Standards for Open Space Development. To quelia useable eable ^edes�an�ne�,.ed ccen
space, an area scall meet the foilowing regturements;-
1. Pedestrian open space areas shall be designed as an integral part of the overall project
and shall spec fically 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 arra she be 100
material. The minimumm= on of an Square fat of hardscape
direction. Outdoor areas may have aM area shall be 10 feet in any
DULL* r may approve arms withIess than the minm imudime of six feet: The
three acres. °n for Profects less chart
3. Areas shall be open to the sky except for shade trellises and roof overhang, Glass -
enclosed sun rooms or similar structur+rs may quality if Iocated adjacent to a pedestrian
sidewalk and the bdlity is readily available to the general public
4. Open space areas shall be oriented to the main pedestrian circulation network and Shall
incorporate seating, eihanced paving materialL% lighting; shade trees and/or trellises,
and tan Wapisn& F"ah insr works of art: and Simile features are also strongly
encouraged;
5. 'tea provided pdmarily for walkways or for the sok use of employees (e.g., lunch
patios or entrance lobbies) shall not be counted as qualified open space areas, and
6. QuaMed pedestrian open space areas shall be located at ground level to a maxmum 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 spm bonuses. DeveiopuMM 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 project: indude new shopping centers greats than one acre in sine
and remodeled shopping co.hu grater than five acres in size. The types of bonus incentives that
may be available to eligible projects mdude;
1- Increase in maadmum structure height;
2. Ire in ma)dmum lot coverage;
I Increase in floor era ratio;
4. Reduction in landscaping requirements, and/or
5. Reduction in front setback to accommodate pedestrian open space amenities.
Diaawed Bar Developmmt Cad, Ardde M - Sih VL -
Hearing Draft - S"Wmbw IM m-10
E. Recreational court lighting. The tuiiu��;r�,
OL1taOOr recreational courts: - -
1. Light fixtures shall not be located closer than 10 tett to the nearest property. ;ine.
2. 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 1 1 :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 II (Zoning Districts and Allowable Land Uses).
Maximum height shall be measured
. from the natural or finishedrade adjacent to an
9 1 y point at each exterior wall
of the structure to the highest point of the roofline, above and parallel to the natural or 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 strictures
shall apply in the following manner:
Diamond Bar Development Code
Hearing Draft - Revised December 1, 1997 Article III - Site Planning
[IT -8
Elevator penthouses and (efts. Roof mounted structures fku the housin,;
;utts, stainvays, tanks, v entt!ahnb tans, or similar egUlpment shall Le ai«M«eci, LI to
Diamond Bar Development Code Article M - Site Planning
Hearing Draft - Revised December 1, 1997 111-88
TABLE 2-3 - .ALLOWED 'SES AND PER.
FOR COMMERCIAL/IiYDLIS �tIT REQUIREMENTS
TRIAL ZONING DISTRICTS (Continue
LAND USE (1)
PMMIT REQM,,, T dY D!5
rAIL TRADE USES RlCT
Alcoholic bevera sale. off -sitz (3) C-1 C-2 C•3 ! See sta„d,rd,
Alcoholic bevtnst sale O".h.
Art. antique, coWctabb and gift sales
Auto utd veltirL
Ears and
Market
--••�•.n. rurrusnsnfts and ap
General retail store
Grocery storts
!Mobile home and recreational
Outdoor retail sales and actv,
Pet shops
Plant nursenes and_gabensut
Restaurants
Restaurants with outdoor droit
Second hand store
Shop in I center
warehoust tetatl stores
KEY TO PVT L rr ae,-..--
stores
,rmboi ' Pe�si! 4
P ` ` mmw use 20llln ClletirlC!
tiltp
? Condidawl Lac
Miror Use Permit(2)
CL? Condidonal tae. Corditional UsePermit
Vse na albwtd. requuttd. (2)
(Set 2Z0 '0.FAing use not I
lStL?P
!KUP
� MUp
P
P
P
i
CLIP
P
P
P
P
P
P
CUP
R!P
CUP
I P
P
P
' CUP
P
P i P
CUA
CUP
P
P
_
p P
P
p
P
p
P
P
p
P
P
p
P
P
P
P
p
P
p
P
MUP
p
M!P
P
a
22.xx
Procedure is �
in Section;
22.=
Z2.jm
Notes:
(1) See Article VI for definitions of each of the land uses listed.
2) Se^ Chapter 22.xx for Developmont Review mfuiretnents for all uses.
131 SBalf bee mirAra m of ISO' from any a"
Continues on next page
Diamond Bar Development Code
Hearing Draft - November 16,1997 - - Article II - Zoning Districts
REVISED NOVEMBER 25,1997 II -21
Comrr.e-c at in"�_istr��. Z,�n�.r
TABLE 2-5 -ALLOWED USES .A.N-D PE�.tf." REQt7i E`frti i S
FOR CONV*aR(=AL'LVDUSTRIAL ZONTtiG DISTRICTS (COr, rued}
LAND USE (1)
SERVICE USES
P'3t-I'M P_EQrjMx.M ?�T SY DISTRIR
C•1 See standards
AmtbuUncesaviee:e
..-•::�;�f :k:<�'"'' ,,� ",, �
Ptisa f 1RselusLesaisl! . n , ly _
P
Parkins faalida/vehicle slora a
r in Section:
Autmuted td dr machines (ATMs)p
Utility line
P
P
Teleeomtmtunitadons ha3tiet (3)
Transit sodons and neatinad
P
22.42.130
P -
Vehide and kidgm assniiaals
ap
cup
Banks and Bnaaaid services
4PP
Bed and breakfast innsCUPUP
BtWAM su port saviess
p
P
Car trash
CZlP
Quid day care elates
CUPECU
CU—;
P
Dei�►e-(st asad drive -cillos services
CUPtoal
(aetsavedan egta e, eta)
CUPCU
iiotds attd mtosels
P
P
Medici sevica - Clinics and labs
P
P
P
Me" sevicas - Hospitals
CUP
CZ.T
cTJt
Otiica • accessory to priwAry use
P
P
P
Odllas - business and professional
P
P
P
Pasonal service
P
p
P
Ps radars
CUP
CUP
Public safety facmdes
P
P
P
P
Public udllty halides
P
P
P
P {
service nations
P
P
P
P {
storaae,outdoor
P
P
storap•iAdaor
P
P
Vehicle serv(ca - Maintenance/mtinor repair
p
P
P
V*Ndt services - Major repair/body worki
CUP
P {
Veterinary cWtia, animal hospitals, kemells, boarding
I
I
CL'P {
P I
See standards
TRANSPORTATION 4 COMMVMCATIONS USES C-1
Heliport
..-•::�;�f :k:<�'"'' ,,� ",, �
Ptisa f 1RselusLesaisl! . n , ly _
CUP
Parkins faalida/vehicle slora a
Cul?
cup
Utility line
P P P
P
Teleeomtmtunitadons ha3tiet (3)
Transit sodons and neatinad
P
22.42.130
P -
Vehide and kidgm assniiaals
ap
cup
•,°.
symbw
..-•::�;�f :k:<�'"'' ,,� ",, �
Ptisa f 1RselusLesaisl! . n , ly _
' Ptuseedua is
in Seetiatt:
P
Pe radioed lase. 2artittg Qeat awe requires
Mae.asa
MU!
Conditional use, MIrm Use Peamttt requusd. (2)
22.zx
CUP
Coadidaetal use, Condidonal Use PeMt required. C2)
M.xx
Use not allowed. (See 22.alMOY regarding uses not listed.)
Notes:
(1) See Article VII for definitions of each of the land uses listed.
(2) See Chapter 22.xx for Development review requirements for all uses
M Telecommunications facilities shall be permitted pursuant to the standards contained within ordinance No. 4-A (1997)
Diamond Bar Development Code Article Il - Zoning Districts
Hearing Draft -Revised December 1, 1997 '1-22
'k3LE _-4 - -kLLOW-Hp SE5 kND FEtZ`117 REQLiRE�tF-TS
FOR OFFICE ZONING D[STRICTS
I
C.A..r O L S E ,
AP
Eltesearsros, apPd&ww and
waserNt )nduss�se
Meda preduetbn
Paper Product ntaeufacwN
Ratueteh and devoownane
RECMTTON, EDUCATION a ML1C ASSSOLY USES
Cube. lodges, and privata mwtittg halls
Commuttiry/mitum corms
Cultural fackda, ltbraria and museums
Indoor amuserAntjetert>lrtment faeilitia
Health/dams famutia
Outdoor recreation
'u)cs utd DltvenuwA.
:�eupom places of worship
Schools - Pubdc and Private
Studios -.a^ dance, mope, photography etc
heater. auditoriums, m—nR halls
RETAIL TRADE USES
.alcoholic beverap saga - Offsitt (5)
Aicoholic bevtnp sola . On-ftt
Art antique, aliecnblt, and gift sales
garS and night clubs
Convenience srora
General renal stars
Pet shops
-Restaurants
KEY TO PERMIT KEQumtem"
SYt++bai ` Pntt� Eagsiretntat
'esauetd use. Z mmg Cerance rtquued. ,2)
�tL'P Cot tieonal uat. Mlnar CondiaorW Use Permit rttlty)rsd, 2)
Candida" use. Conditional Use Pt mu
Uss not allowed. rtd. 2)
5tt 2to4.020.F regud;aa uses
PER-"rT REQLUtE-4ZNT 81f DISTRICT
OP 09(3) CO See svndaras
,n iecno�:
CUPf4) ;
OF
P
P
P
P
CL?
CL: P
Or
P
-MUP
P
' P I
CUP
Ole CO
P p
P p
P p
CI1p i
CL? CUp i
CVP
P I P
CL? R„ -p
P I P
CUP
"T CUP
08 CO
P I p .�
HUP I mup
P
CVP
P
I P
P
P
See
in Section:
Set standards
in Section:
Procedure u
in Seetioa:
'..58
not luted.)
Yoom -
1) See Amcit Vi for defitnitlons of ech of the [and uses listed.
'-) Sae Chapter ZZ48 for
(3) oMM Reatt*' regwrerleno for AU use,
Caroms Center C�wc CO�Or'01 C«+w In eanPuanea wftl+ tl+e Gateway
(4) Use aMotred eetgt when aOCeeaoty 10 in ofF40
ues.
(5) shou be a mieiwew of 150. feet any whew
DiaatOnd Bar Development Code
HArtidR a- Zpg Districts
Hearing Draft - N;ovemb*r 16, 1997 II -17
REVISED NOVEMBER 24, 1997
L,,mmrr_-:ii Ir_,_i;r Z, n:r - L—) r . 's
TABLE 2-4 - ALLOWED USES AND PER -Mir REQUIREMENTS
FOR OFFICE ZONING DISTRICTS (COnczniied)
. LAND USE (I)
PEk'Frr RZQLUFMIIYT BY DISTRICT
SERVICE USES
Adult day care facilities OF ON CO in stadams SecSea Secttion:on:
Automated tecta machines (ATMs)
Banks and finandal sevictls
Business support services
Car washo hAY autozeta ted and ulessil to service fr adon
Auld day can cel
iiotab and motels
Medial services - CWUO and laboratotdes
Modk9 services • H ta4
OfJicu - adminisaative/business
Offica - pmducdon
O�teet - rolessioaal
Persatal services
Public ul lity or safety fatalities
Service stations
TRANSPORTA770N k COMMUMCATIONS USES
Heliports
Utility lines
Telecommunications facilities (3)
KEY TO PERMIT REQUIREMENTS
Syn" Peiadt RsquireTillent
P Permitted tale, Zoning Cearance require
MUP Ca"115onal tue, Minor Use Permit ret A
Jill CUP Ciondwilanal use. Co Wftnal Use permit
Use not allowed LSee ZL03 p U rtrard
(2)
d. a)
lquind. W
I Uses nes ustad.)
P
P
P
P
P
P
P
P
CUP
CUP
CUP
CUP
CUP
CUP
P
Clip
P
P
CUP
CUP
CUP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
F
P
OF
ON
ip_P_
CUp
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) Toleaomnunioatione facilities shall be permitted pursuant to the standards contained within Ordinance No. 4•A (1937)
22.xx
22.xx
See Standards
in Sectitm:
22.xx.xxx
z2.a—z.t3o
Procedure is
in Section:
22.xxxxx
22.x:
Z2. xx
Diamond Bar Development Code Article II - Zoning Vistricts
Hearing Draft -Revised December 1, 1997 1I-18
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).
RESIDENTIAL DISTRICT GETABLE 2-3
NERAL DEVELOPMENT STANDARDS
Re uirement b Zonin District
Development Feature- RR"
RL RLM
Minimum lot area (1) 1 acre
10,000 s0 -ft _--
Residential density (2)
Setbacks required
Front(4)
Sides (each)
Street side
Rear
Height limit (3)
Hillside develo
Landscaping
Parkin Q
1 single-family unit peril 1 single-family unit per
lot. lot• 3 per gross acre.
.ft.
1 single-family unit per
lot; 5 per gross acre
Minimum setbacks required for structures. See 22.16.090 for setback
measurement, allowed projections into setbacks, and exceptions to setbacks. See
Soetim 22.22.08 for setback measurement is hillside areas,
30 ft.
15 ft. on one side, and
10 ft. on the other; but
not less than 25 ft.
between structures on
adjoLming parcels.
15 ft., reversed comer
lot; 10 ft. otherwise.
20 ft.
20 ft.
20 ft.
10 ft. on one side, and 5 ft. on the other; but not less
than 15 ft_ between structures on adjoining parcels.
10 ft., reversed comer
lot; 5 ft. otherwise.
15 ft.
10 ft., reversed correr
lot; 5 ft. otherwise.
15 ft.
35 ft.
As required by Chapter 22.22 (Hillcidp na
nagemenr)
As required by Chapter 22 24x (Landscaping)
As required by Chapter 22 30 (Parking and Loadine).
Notes:
(1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by 22.08 p;c
(Nw um Lot Area), and Chapter 2222 (Hillside Management). Condominium, townhome,'Orplanned
development projects may be subdivided with smaller parcel sizes for ownership purposes, with the
minimum lotarea requirement determined through the subdivision review process, provided that the
overall developmentsite 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 4frr,r,f,
Peretril onditional Use Permit within areas subject to Section 21.22.040 (Hillside Management • Density) may
resultin fewerdwelling units being allowed than the maximum density shown. See also Chapter 22.13
(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•fsmilY detached tract development, a minimum 5 foot setback
variation for adjacent residential units is required.
Diamond Bar Development Code
Hearing Draft -Revised December 1, 1997 Article fI - Zoning Districts
I[-11
Z_
TABLE 2-3
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued)
Development Feature
Re uirement by Zoning District
RM
RMH
RH
Minimum lot area (1)
5,000 sq -ft.
Residential density
f�
12 dwellings per gross
acre
16 dwellings per gross
acre
20 dwellings per gross
acre
Setbacks required
Front lH
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 }5 ft.
20 ft.
5 ft.
5 ft.
5 ft.; plus 1 h. for each
story over 2.
10 ft., reversed corner
lot; 5 ft. otherwise
7.5 ft., reversed comer
lot; 5 h. otherwise
7.5 ft., reversed corner
lot; 5 ft. otherwise
15 ft.
15 ft.
15 h.
Height limit (31r (2)
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 -Parking and Loading).
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.
mew
(2)f3� Maximumallowable height for structures. See Section 22.16.060 (Height Measurement and Height Limit
Exceptions).
Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft -Revised December 1, 1997 II -12
Diamond Bar Development Code
Hearing Draft -Revised December 1, 1997 Article 11 - Zoning Districts
II.6a
TABLE 2.2a
GENERAL PLAN
OESIONATION
EXIiT1N0 ZONING
(AG)
Df8Tr4CT
LIGHT
1IOU AC)
AGAICULTURE A-1HEAVY
4OPMENTIMAX
AGAICULTURE
EAPIPItUICAAGAICULTURE
A-2RURAL RESIDENTIAL (AR) (MAX R-1 40,0001
OU AC)RPO
20 000
IDENTIAL (RA)
R-1 20,000
R-1 15, 000
LOW DENSITY RESIDENTIAL (RL! R-1 10,000
(MAX 3 OU/AC)
RPO 10,000
LOW DENSITY q ESIOENTIAL
R-A 10.00
(RU
R-1 9,000
R-1 4,500
LOW MEDIUM RESIDENTIAL
R•1 4,000
(ALM)
(MAX S OU/AC)
RPO 4,000
W MEDIUM RESIDENTIAL
M)
R-A 4,000
R-1 7,5000
R-1 6,000
MEDIUM DENSITY RESIDENTIAL
(AMI
A-3 UP TO 12 U
12 OU/AC
IUM DENSITY RESIOENTIAL
)
JH
MEDIUM HIGH DENSITY
gE5(OENTIAI,
R-3 UP TO 1 • U
IUM HIGH DENSITY
IRMHI 14 OU/AC
DENTIAL IAMHI
HIGH DENSITY RESIDENTIAL
AH)
R-3, R-3 TO 20 U
20 OU/AC
DENSITY RESICENTIAL
GENERAL COMMERCIAL IC)(MAX 1.0 FAR)
COMMERCIAL PUNNED
DEVELOPMENT (CP01
HBORHOOD COMMERCIAL
RESTRICTED BUSINESS ZONE (C-1)
(C-1)
COMMERCIAL HIGHWAY ZONE (C-H)
COMMERCIAL RECAEATION ZONE
GENERAL COMMERCIAL (C)
NEIGH
(MAX 1.0 FAA)
NEIGHEORHO
BUSINESS ZONN E
COMMUNITY COMMERCIAL
GENERAL COMMERCIAL (C)
IC'2H
(C-2)
I
(MAX 1.0 FAII0
UNLIMITED
COMMERCIAL ZONE
REGIONAL COMMERCIAL
(C-31
(C-31
OFFICE PROFESSIONAL (OP)
IMAX 1.0 FART
COMMERCIAL MANUFACTURING ZONE
(CM)
OFFICE PROFESSIONAL
LIGHT INOUiTIpAt IE
IMAX 1.0 FAA)
MANUFACTURING INDUSTRIAL
(OP)
LIGHT INDUSTRY
PLANNED ZONE (MP01
11!
LIGHT MANUFACTURING ZONE (M-1)
RESTRICTED HEAVY MANUFACTURING
)PEN SPACE
ZONE IM-11
OPEN SPACE
OPEN SPACE/CONSERVATION
(OS1
Diamond Bar Development Code
Hearing Draft -Revised December 1, 1997 Article 11 - Zoning Districts
II.6a
22.06.030 - Zoning Map Adopted
The Council hereby adopts the City of Diamond Bar Zoning `lap ,
"Zoning Liap"), which is on file with the Department. (hereafter referrer; to I; the
A. Inclusion by reference. The Zoning Map, together with all legends, svmbols, notations,
references, zoning district boundaries, and other information un the maps, has been
adopted by the Council in compliance with Government Code Sections 63800 et seq.n d
h it w
is hereby incorporated into this Development Code by reference as though fu
included here. lly
B. Zoning district boundaries. The boundaries of the zoning districts established by Section
22.06.020 (Zoning Districts Established) shall be shown upon the Zoning Map.
specifically including the Land Use Map.
C. Relationship to General Plan. The Zoning Map shall implement the General Plan,
D. Map amendments. Amendments to the Zoning Map shall follow the process established
in Chapter 22.70 (General Plan, Development Code, and Zoning Map Amendments).
E. Zoning Map interpretation. The Zoning Map shall be interpreted in compliance with
Section 22.03.020.E (Rules of Interpretation - Zoning Map Boundaries).
22.06.040 - Zoning District Regulations
A• Purpose. Chapters 22.08 through 22.14 determine which land uses are allowed in each
zoning district established by Section 22-.03$28 22,06.020 (Zoning Districts Established),
what land use entitlement is required to establish each use, and the basic development
standards that apply to allowed land uses in each zoning district.
B. Zoning Consistency Matrix. Subsequent to the adoption of this Development Code, the City of Diamond Bar
Zoning Map shall be revised to reflect consistency with the General Plan land Use Map. In the interim
period, until the revised map is adopted by the C
applying equivalent Development Cods Standouncil, the Zoning Consistency Matrix (Table 2.2a) is adopted
ards to the City's existing zoning districts.
C8. Determination of allowable land uses and permit requirements. The uses of land
allowed by this Development Code in each zoning district are identified in Tables 2-x, 2-x,
and 2-x of this Chapter as being:
I. Permitted subject to compliance with all applicable provisions of this Development
Code, subject to first obtaining a Zoning Clearance (Chapter 22.-16), and any Building
Permit or other permit required by the Municipal Code. These a re shown as "P" uses
in the tables;
Z. Allowed subject to the approval of a Minor Conditional Use Permit (Chapter 22.56),
and shown as "MUP" uses in the tables;
3. Allowed subject to the approval of a Conditional Use Permit (Chapter 22.58), and
shown as "CUP" uses in the tables;
Diamond Bar Development Code
Hearing Draft -Revised December 1, 1997 Article 11 - Zoning Districts
11-5
Land uses that are not ;isteci in the tables or are not show -n in a particular zoning .,,;strict err
not allowed, except as otherwise provided by Section'_Z.03.0?O.F (Rules of Interpretation -
Allowable Uses of Land), or 2.02.030 (Exemptions from Land Use Permit Requirements).
C. Standards for parcels with multiple zoning districts. The following standards apply to
the proposed development or subdivision of parcels that are or may be designated with
more than one zoning district.
1. Existing parcel in multiple zoning districts. Where an existing parcel is zoned in two
or more zoning districts, each portion of the parcel in a separate district shall be
developed/used in compliance with the requirements of the applicable district.
2. Parcels proposed for consolidation. Where a Lot Line Adjustment or Tentative Map
application proposes the consolidation of two or more parcels, so that a single parcel
would be covered by two or more zoning districts, the application for adjustment or
map approval shall be accompanied by an application for rezoning the lot into a single
zoning district, in compliance with Chapter 22.70 (General Plan, Development Code,
and Zoning Map Amendments).
D. Conflicts between provisions. Rules for resolving conflicts between different
Development Code provisions may be found in 22.03.020.D (Rules of Interpretation -
Conflicting Requirements).
Diamond Bar Development Code Article II - Zoning Districts
Hearing Draft -Revised December 1, 1997 11-6
Development Code provisions. In the event of any conflict between the proVisiuns
of this Development Code, the most restrictive requirement shad control, except in
case of any conflict between the zoning district regulations of Article II (Zoning
Districts and Allowable Land uses) and the provisions of Article III (Site Planning
and General Development Standards), the provisions of Article III shall control.
Diamond Bar Development Code Article I -Purpose and Applicability
Hearing Draft - December 1, 1997
I -12a
CHAPTER 22.04 -
Sections:
INTERPRETATION
CODE OF DEVELOP�E�iT
PROVISIONS
22.04.010 - Purpose
22.04.020 - Rules of Interpretation
22.04.030 - Procedures for Interpretations
22.04.010 - Purpose of Chapter
This Chapter provides rules for resolving questions about the
part of this Development Code: The rovisig orapplicability
consistent interpretation and application o f the ons of thin Cha Lntended to of any
sure the
General Plan, provisions of e'opayent Code and the
22.04,020 - Rules of Interpretation
A- Authority.
the ��tY Development Director or d
Provisions and es'
Pee
and authority to interpret the lute � of the Director shall
to of this Development C meg and applicability of all
B• Language.
1• terminology. When �d in
Te and "are . are alwa this
�`elopnvnt Code, the words "
mandatory,
"Should" is not mandato shall,' `s
recommended; and "may„ is Permissive. The ry but is strongly
future tenses, and the future t+enSe includes present tense includes the past and
includes the plural number, and the l the Pmt- The singularPlural
e number
the word indicates otherwise,• unless the natural
and "including" mean "including but not limited
words "include,, '.includes,"
ted to... .
Z Number of days. fever a n
Code'
ode or ' q permit, conditiounbef aft Development
man Ys is sPedfied in this Develo
Provided
in thus Development Code, thenumberroyal, or notice issued or given as
calendar days, unless business days are s T f daysshall be construed as
foUow'ng business day where the last of the hmuts will extend to the
dp "*Cty is not open foAcLr business, except i�r of days falls on a
Provided
for by the
3. State law requirements.
provisions of Stage law (e, where this Development Code references
g., the California Gov +ences applicable
Aft- Public Resources Code, etc.), Government Code,
applicable State law ) the reference shall be construed to be to the
provisions as they may be amended from time to time.
Diamond Bar Development Code
Hearing Draft - October 29, 19"
Article I - Purpose and App(iability
I-11
incerr re'.='":u n,
C. Calculations - Rounding. Where provisions of this Development Code requir,
calculations to determine applicable requirements, any fractional/ decimal results of the
calculations shall be rounded as provided by this Subsection. For example, the provision
of RM zoning district which allows a parcel to be developed with 12 dwellings for each
gross acre of site area, requires determining the number of acres in the site, and
multiplying the site area by 12 to determine the number of dwellings allowed.
Minimum lot area and number of lots. The fractional/decimal results of
calculations of the number of parcels allowed through subdivision based on a
minimum lot area requirement shall be rounded down to the next lowest whole
number. For example, the RM zoning district minimum lot area requirement of
5,000 square feet would allow division of a 21,000 lot into four lots (21,000 / 5,000
= 4.2, rounded down to four).
2. Residential density. When the number of housing units allowed on a site are
calculated based on density limits established by a zoning district, any fraction of
a unit of 0.9 or greater shall be counted as a whole unit; any fraction of a unit less
than 0.9 shall be rounded down to the next lowest whole number. For example, the
RM zoning district allows 12 dwelling units per gross acre of site area; a site of 8,500
square feet would be allowed two dwelling units (8,500 / 43,560 = 0.195 acres; 0.195
x 12 = 2.34, rounded down to two). A site of 10,600 square feet would be allowed
three housing units (10,600 / 43,560 = 0.243 acres; 0.243 x 12 = 2.92, rounded up to
three).
3. Floor Area Ratio (FAR). When calculating the allowable floor area of a structure
based on the FAR established by the applicable zoning district, the
fractional/decimal results of calculations shall be rounded to the next highest
whole number when the fraction/decimal is 0.5 or more, and to the next lowest
whole number when the fraction is less than 0.5. For example, a maximum Floor
Area Ratio of 0.25 applied to a site of 25,856 square feet results in a maximum
allowable floor area of 7,757 square feet (25,856 x .025 = 7,756.8, rounded up to
7,757). The maximum FAR itself (0.09, 0.25, etc.) is never rounded.
4. All other calculations. For all calculations required by this Development Code
other than those described in Subsections C.1 and C.2 above, the fractional /decima 1
results of calculations shall be rounded to the next highest whole number when the
fraction/ decimal is 0.5 or more, and to the next lowest whole number when the
fraction is less than 0.5.
Sepwatien between land uses. The distances required by this Development Code separating specified
land uses shall be measured from the exterior property boundary of the subject site to the exterior
property boundary of the site from which such separation is required.
E. Surrounding Property for Public Notice. When public notice is required by this Development Code,
"surrounding property" shall be defined as all properties within the radius encompassing the required
distance from the exterior property boundary of the subject property.
F.9. Conflicting requirements. Any conflicts between different requirements of this
Development Code, or between this Development Code and other regulations, shall be
resolved as follows.
Diamond Bar Development Code Article I - Purpose and ApF!icability
Hearing Draft- December 1, 1997 I-12
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, November 25, 1997
and December 9, 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;
IV. Land Use and Development Permit Procedures;
V. Development Code Administration;
VI. Definitions.
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. Adult -Oriented Business regulations are included within
this Development Code. The Planning Commission takes
legislative notice of the existence, content and findings
of the following studies concerning the adverse secondary
effects of sexually oriented businesses: New York, New
York (1994); Garden Grove, California (1991); Seattle,
Washington (1989); Austin, Texas (1986); Oklahoma City,
Oklahoma (1986); Indianapolis, Indiana (1984); Houston
Texas (1983); Beaumont, Texas (1982); Minneapolis,
Minnesota (1980); Phoenix, Arizona (1979); Whittier,
California (1978); Amarillo, Texas (1977); Clevland, Ohio
(1977); Los Angeles, California (1977).
The Planning Commission also takes legislative notice of
the facts set forth in numerous reported court opinions
regarding the adverse secondary effects of sexually
oriented businesses. See e.q. California v. La Rue, 409
U.S. 109 (1972) describing on -premises sexual contacts
between sexually oriented business customers and
entertainers as well as on -premise occurrence of
prostitution).
The Planning Commission finds that these studies and
court opinions are, in whole or in part, relevant to the
potential problems addressed by the City of Diamond Bar
in enacting this ordinance. The City Council further
finds that these studies and court opinions provide
convincing evidence that sexually oriented businesses
generate adverse secondary effects include, but are not
limited to: depreciation of property values; increased
vacancy rates in residential and commercial areas;
increased criminal activity; increased litter, noise and
vandalism; and interference with the enjoyment of
residential property in the vicinity of such businesses.
In accordance with Renton v. Playtime Theaters, Inc., 475
U.S. 41 (1986), the Planning Commission has relied on
these studies and court opinions, in whole or in part, in
enacting these regulations. The purpose of these
regulations is to regulation sexually oriented businesses
in a manner which eliminates or mitigates the adverse
secondary effects on the community noted above.
The Planning Commission recognizes that non -obscene
sexually oriented materials are constitutionally
protected. In enacting these regulations the City does
not intend to restrict or deny access by adults to such
materials, nor to deny the distributors and exhibitors of
such materials to their targeted market.
The Planning Commission finds that the zone limitations
and separation requirements contained within these
regulations provide a reasonable opportunity for sexually
oriented businesses to operate within the City. In the
establishment of these criteria, the Planning Commission
has considered their effects on the number and
suitability of locations for sexually oriented
businesses.
In enacting the sexually oriented
within these regulations, the
declares that the regulations ar
and do not create or regulate a
City has not provided a criminal
of these regulations. The City
only as a condition of issuance
adult-oriented business permit c
Violation of these regulations st
criminal prosecution.
regualations contained
Planning Commission
e licensing provisions
criminal offense. The
penalty for violations
adopts the regulations
and maintenance of a
>r entertainer permit.
all not be grounds for
8. 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 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 Se -:tion 753.5 (d) of
Title 14 of the California Code Df 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 9TH DAY OF DECEMBER, 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 9TH day
of December 1997, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
In
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, November 25, 1997
and December 9, 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
I-V
B.
considered the issues related to Draft Citywide Design
Guidelines so as to provide maximum benefit to the City.
All legal prerequisites to the adoption of this
resolution have occurred.
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 General Plan,
addressing the aesthetic quality of development
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
Council forthwith.
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 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 9TH day
of December 1997, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ATTEST:
3
James DeStefano, Secretary
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner qq
SUBJECT: Quality and Maintenance of Affordable Housing
DATE: December 1, 1997
The City has several tools and safeguards available that will
ensure the quality and maintenance of affordable housing and
protect property values in neighborhoods that incorporate
affordable housing. These tools and safeguards consist of the
City's General Plan, Development Code, Uniform Building Code,
Development Review, Property Maintenance Ordinance, Development
Agreements and Density Bonus Agreements, as well as Design
Guidelines proposed within the Draft Development Code soon to be
adopted.
The General Plan's Vision Statement has a major component that
requires the City provide for well-maintained, attractive housin:q
which accommodates people of all ages, cultures, occupations and
levels of financial status (Introduction, pg. 2). This statement
applies to all housing including affordable housing. The General
Plan's Land Use Element has objectives and strategies related to
preserving and maintaining the quality of existing neighborhoods
and requires new development to be compatible with the prevailing
character of the surrounding neighborhood, while offering a
variety of housing opportunities (Land Use Element, objective 1.2,
Strategies 1.24, 1.27; Objective 2.2, Strategy 2.2.1).
Within the General Plan's Housing Element, development standards
and land use controls are addressed relating to affordable
housing. This section requires compliance with the Development
Code, Subdivision Ordinance, and the Uniform Building Code. The
Development Code can impose the most far-reaching constraints and
is the most traditional tool used to regulate the use of private
land. It regulates uses by density/intensity, placement,
setbacks, height, parking, residential mix and aesthetics, thereby
creating residential projects that are functional and aesthetic
(Housing Element, c., pg. II -18). It ensures well planned
residential growth while meeting the City's housing
responsibilities (Housing Element, Strategies 1.1.5, 1.1.7, pgs.
II -26 &27). The Housing Element's Goal 3 requires preservation
and conservation of the existing housing stock and the maintenance
of property values and the residents' quality of life. The
Objective and Strategies implementing Goal 3 encourages and
ensures on-going maintenance, improvement and integrity of
residential neighborhoods (Objective 3.1, Strategies 3.1.1 -
3.1.5, Objective 3.2, Strategies 3.2.1 - 3.2.4, pg. II -32).
The City's Development Review Ordinance supports the imple-
mentation of the General Plan and stresses quality community
design standards. The process within this Ordinance recognizes
the interdependence of land values and aesthetics and provides a
method that the City may utilize to implement this interdependence
to its benefit. While encouraging the use of a variety of housing
styles, design densities and grading techniques, it ensures that
new development does not have an adverse aesthetic, health, safety
or architecturally related impact upon existing adjoining
properties, or the City in general. Additionally, this Ordinance
provides the Planning Commission with the opportunity to review a
majority of the proposed affordable housing projects. This
opportunity grants the Commission the ability to ensure that such
projects do reflect the character, quality, and standards of
development within the surrounding area and the community in
general.
The Development Code, while implementing the General Plan's
policies, protects and promotes the public health, safety, and
general welfare of the residences. It preserves and enhances the
City's aesthetic quality. Additionally, it protects the
character, and social and economic stability of the City through
the standards provided within the document, thereby contributing
to a high quality of life.
The Uniform Building Code regulates new residential construction
and rehabilitation of existing residences. This Code is designed
to ensure that adequate standards are met to protect against fire,
collapse, unsanitary conditions, and safety hazards. The
standards within this Code are designed to protect the public
health, safety and welfare and a certain level of quality.
The Property Maintenance Ordinance provides a method to ensure the
on-going maintenance of existing residentialneighborhoods, as
well as existing commercial and industrial areas. It provides a
mechanism to ensure against property deterioration which may lead
to an overall decline of aesthetic quality and property values.
The established standards within this Ordinance serves to preserve
and improve the overall condition of properties and structures,
further minimizing conditions which pose a risk to the public
health, safety and general welfare.
In addition to the above referenced tools and safeguards, the City
has discretionary permits such as Development Agreements and
Density Bonus Agreements which provide for the quality and
maintenance of the affordable housing product. Language can be
incorporated into these agreements that set development standards
relating to product quality, landscaping, parking, type and level
of maintenance and level of character to reflect the surrounding
residential development. The decision makers, by conscious
review, can ensure that the affordable housing product reflects
and maintains the desired standards of the community.
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