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HomeMy WebLinkAboutPC 92-24_ RESOLUTION NO. 92-24 �I 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 WHICH ESTABLISHES REVISED PERMITTED AND CONDITIONALLY PERMITTED LAND USES WITHIN THE C -M, COMMERCIAL MANUFACTURING ZONE, (CASE NO. ZCA 92-3) A. Recitals. (i) The City of Diamond Bar has determined that the existing land uses applicable to the C -M, Commercial Manufacturing Zone within the City of Diamond Bar fail to provide standards suitable and appropriate for the City. The existing Los Angeles County Code standards allow for the development and placement of landuses which contribute to deleterious conditions within the City. (ii) The City Council has charged the Planning Commission with development of amendments to the list of permitted and conditionally permitted land uses which constitute and establish for the City landuses which satisfy the aspirations and expectations of Diamond Bar. (iii) The Planning Commission has reviewed the proposed amendments to the list of proposed and conditionally proposed landuses at public hearings. The Commission has duly considered public testimony presented at the hearings, as well as technical analysis provided by City Staff. (iv) The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the list of permitted and 1 conditionally permitted land uses attached hereto as Exhibit "A": and incorporated by reference into this Resolution satisfy and'�J�`'' exemplify the goals and needs of the community. The Planning Commission has duly considered the issues related to balancing land uses so as to provide maximum benefit and minimum detriment to the community. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution._ BE IT.RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. In all respects as set forth in paragraph A, Recitals, as set forth hereinabove. 2. The Planning Commission hereby recommends that the City Council adopt the revised permitted and conditionally permitted land uses within the C -M Zone for the City of Diamond Bar attached hereto as Exhibit "A" and incorporated herein by reference. Such ordinance deletes the existing conflicting standards set forth in the Los Angeles County Code Sections 22.28.230 through 22.28.270 as adopted by the City of Diamond Bar. 3. The Planning Commission finds and determines that the ordinance proposed by 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 Sections 15305 of Division 6 of Title 14 of the California Code of Regulations. 2 � - �1- 17"':,. kt �, '"�" „'1 C. "i, �, �..} '.t1� ,''+"�v�,kP , �fi G 4. The Planning Commission finds and determines that there is a substantial probability that such project will not be detrimental to or interfere with the General Plan adopted by the City Council of the City of Diamond Bar and that such project is consistent with the General Plan as adopted by the City. 5. The Secretary of the Planning Commission is hereby directed to certify to the adoption of this Resolution and is further directed to promptly submit the recommended C -M Zone Land Uses to the City Council for their review and consideration. PASSED, ADOPTED AND APPROVED THIS 12th of October, 1992.,2. Chairman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolu tion was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on held on the 12th of October, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS:] Flamenbaum, MacBride, Grothe, Meyer, Li NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] S retar y to the Planning Commission 3 1161111! l lllkl P. C. RESOLUTION NO. 92-24 EXHOIT "All Sec. 28.230 CHAPTER 22.28 149 PART 6 - CHAPTER 22.28 C -M COMMERCIAL MANUFACTURING ZONE SECTIONS: 22.28.230 Permitted uses. 22.28.240 Accessory uses. 22.28.250 Uses subject to Director's review and approval. 22.28.260 Uses subject to permits. 22.28.270 Development standards. 22.28.230 PERMITTED USES. Premises in Zone C -M maybe used for: A. The following commercial uses: 1. Sales. — Antique shops. — Appliance stores, household. — Art galleries. — Art supply stores. — Auction houses, excluding animal auctions. — Automobile sales, sale of new and used motor vehicles. — Automobile supply stores, provided all repair activities are conducted within an enclosed building. — Bakery shops. — Bicycle shops. — Boat and other marine sales. — Bookstores. — Ceramics shops. — Clothing stores. — Confectionery or candy stores. — Delicatessens. — Department stores. — Disability rehabilitation and training centers, except that assembly and manufacturing are permitted only as provided in Subsection B of this section. — Dress shops. — Drugstores. — Feed and grain sales. — Florist shops. — Fruit and vegetable markets. — Furniture stores. — Furrier shops. — Gift shops. — Glass and mirror sales, including automobile glass installation only when conducted within an enclosed building. — Grocery stores. — Hardware stores, including the sale of lumber and other building 1 JI111r1 !,1 111'1 III„I;il;; ISO CHAPTER 22.28 Sec. 28.230 Mont.) I�h�lill supplies, but excluding milling or woodworking other than incidental cutting of lumber to size, provided that all sale, display, storage and incidental cutting is within an enclosed building. — Health food stores. — Hobby supply stores. — Ice cream shops. — Ice sales, excluding ice plants. — Jewelry stores. — Lapidary shops. — Leather goods stores. — Liquor stores. — Mail order houses. — Meat markets, excluding slaughtering. — Millinery shops. — Mobilehome sales. — Model home display centers and sales offices, provided that such models shall not be used for residential purposes unless a conditional use permit is first obtained pursuant to the provisions of Part 1 of Chapter 22.56. — Motorcycle, motorscooter and trail bike sales., conducted within an enclosed building — Music stores. — Newsstands. — Notions or novelty stores. — Nurseries, including the growing of nursery stock. — Office machines and equipment sales. — Paint and wallpaper stores. — Pawnshops. — Pet stores, within an enclosed building only. — Pet supply stores. — Photographic equipment and supply stores. — Radio and television stores. — Recreational vehicle sales. conducted within an enclosed building — Retail stores. — Secondhand stores. — Shoe stores. — Silver shops. — Sporting goods stores. — Stamp redemption centers. — Stationery stores. — Tobacco shops. — Toy stores. — Trailer sales, box and utility., conducted within an enclosed building — Yarn and yardage stores. 2. Services. — Air pollution sampling stations. — Arboretums and horticultural gardens. — Assaying, — Automobile battery services, provided all repair activities are ,--7 Sec. 28.230 (Cont.) CHAPTER 22.28 151 conducted within an enclosed building. — Automobile brake repair shops, provided all repair activities are conducted within an enclosed building. — Automobile muffler shops, provided all repair activities are con- ducted within an enclosed building. — Automobile radiator shops, provided all repair activities are conducted within an enclosed building. — Automobile rental and leasing agencies., conducted within an enclosed building — Automobile repair garages within an enclosed building only, and excluding body and fender work, painting and upholstering. — Automobile service stations. — Automobile sightseeing agencies. — Bakery goods distributors. — Banks, savings and loans, credit unions and finance companies. — Barbershops. — Bars and cocktail lounges, but excluding cabarets. — Beauty shops. — Bicycle rentals. — Blueprint shops. — Boat rentals., conducted within an enclosed building i — Book binderies. — Car washes, automatic, coin-operated and hand wash. — Carpet and rug cleaners. — Catering services. — Child care centers. Relocate to Sectio4 Churches, temples or other places used exclusively for religious 22.28.260 worship, including customary incidental educational and social activites in conjunction therewith. — Colleges and universities, ineluding appurtenant facilities, giving advanced academic instruction approved by the State Board of Education or other recognized accrediting agencies, bei—ee�rrd}ag_ede—sel3ee�s- - Comfort stations. — Communication equipment buildings. — Community centers. — Costume rentals. — Dental clinics. — Dental laboratories. — Dog training schools, excluding boarding. — Dry cleaning establishments, provided that the building is so con- structed and the equipment is so installed and maintained and the activity is so conducted that all noise, vibration, dust, odor and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury will result to ry persons or property in the vicinity. — Electric distribution substations, including microwave facilities, pro- vided: a. That all such installations are completely surrounded by a 152 CHAPTER 22.28 Sec. 28.230 (Cont.) masonry wall to a height of not less than eight feet. The Director may approve the substitution of a chain-link or other industrial -type fence with screen planting where he deems it appropriate. All such substitutions shall be subject to the provisions of Part 12 of Chapter 22.56; and b. That the area between the fence or wall and the property line is landscaped and maintained while such use exists. — Electricians shops. — Employment agencies. =�y=cla3-e�refieraes= . — Film laboratories. — Fire stations. =-�famiip-1rrni�Cs: _ — Frozen food lockers. — Furniture and appliance rentals. — Furniture and household goods, transfer and storage. — Gas metering and control stations, public utility. — Hospital equipment and supply rentals. — Interior decorating studios. — Laboratories, research and testing. — Laundries, hand. — Laundries, retail. — Laundries, self-service. — Laundry agencies. — Laundry plants, wholesale. — Libraries. — Locksmith shops. — Lodge halls. — Medical clinics. — Medical laboratories. — Microwave stations. — Mimeograph and addressograph services. — Mortuaries. — Motion picture processing, reconstruction and synchronizing of film with sound tracks. — Motion picture a studios and indoor sets, including the temporary use of domestic and wild animals in motion picture and television production, ilCo% ided said animals are kept or maintained pursuant to all regulations of the Los Ang es County Department of Animal Control, and are retained on the premises for a period not exceeding 60 days. The Director may extend such time period for not to exceed 30 additional days subject to the provision of Part 12 of Chapter 22.56, on Director's review. — Motorcycle, motorscooter and trail bike rentals. — Museums. — Observatories. — Offices, business or professional. — Packaging businesses. Relocate to — Parcel delivery terminals. Section 22.28.260 �,.r,,, n.3 m "AM '. Sec. 28.230 (Cont.) CHAPTER 22.28 153 — Party equipment rentals. — Pet grooming, excluding boarding. — Photocopying and duplicating services. — Photoengravers and lithographers. — Photography studios. — Plumbing shops. — Police stations. — Post offices. — Printers or publishers. — Public utility service centers. — Radio and television broadcasting studios. — Real estate offices. — Recording studios. — Recreational vehicle rentals. — Repair shops, household and fix -it. — Restaurants and other eating establishments, including food take-out. — Reupholsterers, furniture. — Revival meetings, tent, temporary, operated at one particular location if not within 300 feet of any public park or school or area in any residential — , zone and not longer than seven days in any six-month period. — Schools, through grade 12, accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the Education �m Code of the State of California, in which no pupil is physically restrained, but excluding trade schools. — Schools, business and professional, including art, barber, beauty, dance, drama and music, but not including any school specializing in manual training, shop and trade schools. work, or in the repair and maintenance of machinery or mechanical equipment. — Shoe repair shops. — Shoeshine stands. — Sightseeing agencies. =a',=6iit�Sffi��52T1p�; "SL[I�iJEL'��6��TL'�3T bOrSlolls o��a1�7�0� ==Ssaall=frui�ily 6u,«ca,—�#lr�== — Stations. bus, railroad and taxi. — Tailor shops. — Taxidermists. — Telephone repeater stations. — Tire retreading or recapping. — Tool rentals, including rototillers, power mowers, sanders and saws, cement mixers and other equipment, but excluding heavy machinery or trucks exceeding two tons capacity. — Tourist information centers. — Trailer rentals, box and utility only., conducted within an enclosed building — Truck rentals, excluding(trucks exceeding.two tons capacity.conducted within an enclosed — Union halls. building — Veterinary clinics, small animals. — Watch repair shops. ��� II Vi7ll llltil�i!, INI I 11 11111 � 61 . � i i 11 l 154 CHAPTER 22.28 Sec. 28.230 (Cont.) 0111i;1", — Wedding chapels. 3. Recreation and Amusement. — Amusement rides and devices, including merry-go-rounds, ferris wheels, swings, toboggans, slidezi, rebound -tumbling ,and similar equipment oper- ated at one particular location not longer than sevori plays in any six-month period. — Athletic fields, excluding stadiums. Carnivals, commercial, including pony rides, operated at one particular location not longer than seven days in any six-month period. £Area;=icelig=eta�a�a��lo�sttse=sa��ptti�t — Parks, playgrounds beams; with all appurtenant facilities customarily found in conjunction therewith. Relocate to Section — Recreation clubs, commercial, including tennis, polo, swimming and 22.28.260 similar outdoor recreational activities, together with appurtenant clubhouse. ==1Eid�g$ung=t�a�g,��11��a�rsaEv�—vel}iti-1�== Swimming pools. Tennis, volleyball, badminton, croquet, lawn bowling and similar courts. B. The following industrial uses, provided all activities are conducted within an enclosed building: 1. Assembly and Manufacture. Assembly and manufacture from previously prepared materials, and excluding the use of drop hammers, automatic screw machines, punch presses exceeding five tons capacity and motors exceeding one horsepower capacity that are used to operate lathes, drill presses, grinders or metal cutters: — Aluminum products. — Appliance assembly, electrical, electronic and electromechanical. — Bone products. — Canvas products. — Cellophane products. — Cloth products. — Cosmetics, excluding soap. — Equipment assembly, electrical, electronic and electromechanical. — Felt products. — Fur products. — GIass products and stained-glass assembly, provided no individual crucible shall exceed a capacity of 16 square feet. — Golf ball manufacture. — Instrument assembly, electrical, electronic and electromechanical, including precision machine shops. — Jewelry manufacture. — Leather products, excluding machine belting. — Metals, working and casting of rare, precious or semiprecious metals. — Metal plating. — Optical goods manufacture. — Paper products. — Perfume manufacture. — Phonograph records manufacture. .. .., 7i'.;.­....� ,,i i_.�,. ., :"'.. �'T"' t,, ,.,.. 1. � s.�.i "M �4, .,a�nks"'v'ti, a� kr �P,.x - 1111&'Y 1�o,u5k a'i �1�� . '"is ."aal� L' �d6 ?,°"��,�'. I Sec. 28,230 (Cont.) — 28.050 CHAPTER 22.28 155 ' — Plastic products. — Shell products. — Shone products. Stone products — Textile products. — Toiletries, products. — Wicker and bamboo products. — Yarn products, excluding dyeing of yarn. 2. Food processing. — Bakeries. — Candy and confectioneries. — Fruit and vegetable juices, excluding the use of carbonization. — Ice cream. �reei�8liz�: _ 22.28.240 ACCESSORY USES. Premises in Zone GM maybe used for: A. The following accessory uses, subject to the same limitations and conditions provided in Section 22.28.040 (Zone C -H): — Accessory buildings and structures. ° — Building materials, storage of. B. The following additional accessory uses, subject to the same limitations and conditions provided in Section 22.28.190 (Zone C-3): Relocate to Automobile body and fender repair, painting and upholstering, when incidental to the sale of new automobiles. Section 22.28.260(------ Boats, minor repair of. — Manufacturing, processing, treating and packaging incidental to and operated in conjunction with the business conducted on the premises, except as otherwise provided as a principal use in Section 22.28.230. C. The following additional accessory uses: — Signs as provided in Ordinance 5 (1991) (Ord. 1494 Ch. 2 Art. 3 sec. 259.3, 1927.) 22.28.250 USES SUBJECT TO DIRECTOR'S REVIEW AND APPROVAL. If site plans therefor are first submitted to and approved by the Director, premises in Zone C -M may be used for: A. The following uses, subject to the same limitations and conditions provided in Section 22.28.050 (Zone C -H): — Access to property lawfully used for a purpose not permitted in Zone C -M. — Christmas trees and wreaths, the sale of. ==CwruAng ct*pef"its-=mperzt= — Live entertainment, accessory, in a legally established bar, cocktail lounger or restaurant having an occupant load of less than 200 people, where in full compliance with the conditions of Section 22.56.1754. i FEBRUARY 1987 +Add to Section 22.28.260 i F 156 CHAPTER 2228 22.28.260 USES SUBJECT TO PERMITS. Premises in Zone C -M maybe used for: A. The following uses, provided a conditional use permit has first been obtained as provided in part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for: — Adult businesses in addition to those specifically classified in this sec- tion, including but not limited to, love parlors, nude studios, sexual catharsis cen- ters, sexual encounter shops, sexual novelty stores and other similar uses, provided that, as a condition of use, such uses shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. Adala-3y-�e€aefls. _ �kdg��ttisi�eilitiess — Ambulance services. — Amphitheatre. — Amusement rides and devices, including merry-go-rounds, ferris wheels, swings, toboggans, slides, rebound -tumbling and similar equipment for longer than seven days. ==ftm. L.,cent4fooses. — Arcades, adult, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. — Arcades, game or movie. — Archery ranges. — Automobile body and fender repair shops, provided that all operations are conducted within an enclosed building. — Automobile impound yards, subject to the conditions of Part 4 of Chapter 22.52, except as otherwise prescribed by the Commission in approving an application therefor. — Automobile painting and upholstering shops, provided that all operations are conducted within an enclosed building. — Billiard halls. — Bookstores, adult, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business and subject to the provisions of Section 22.56.190. — Bowling alleys. — Boxing arenas. — Butane and propane service stations. — Cabarets, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. — Cardrooms or clubs. — Carnivals, commercial, including pony rides, for longer than seven days. — Circuses. — Convents and monasteries. ===Go"-ee itu adingjai*:f 2Ud= CaMP97== — Dance halls. — Dog kennels. — Earth stations. — Automobile, boat, motorcycle, recreational vehicle, trailer, trucks and similar vehicles sale, lease or rental conducted with outdoor storage or display Sec. 28.260 (Cont.) CHAPTER 22.28 157 — Electric transmission substations and generating plants, including microwave facilities used in conjunction with any one thereof. — Escort bureaus. ==�a�r-nai3caxir�so3���ses== — Games of skill. — Gas, industrial, including oxygen, acetylene, argon, carbon dioxide and similar gases in Interstate Commerce Commission approved -type cylinders. — Gas distribution depots, public utility. — Golf driving ranges. =€�sape��il — Gymnasiums. — Health clubs or centers. — Heliports. — Helistops. — Hospitals. — Hospitals, small animal. — Hotels. ==l�aud�laia��rajeet� =>�a3trlhrg��3s. — Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people, where the conditions of Section 22.56.1754 have not or cannot be met. This provision shall not be construed to authorize the modif cation of development standards required for establishment of such bar, cocktail lounge or restaurant, except as otherwise provided by Part 2 of Chapter 22.56. — Massage parlors, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. — Miniature golf courses. — Mobilehome parks, subject to the conditions of part 6 of Chapter 22.52. — Mobilehomes for use by a caretaker ,and his immediate family, in accordance with Part 6 of Chapter 22.52. — Model studios, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. — Motels. — Night clubs. x QH=wellsParking lots and parking .buildings — Outdoor dining, inhere the conditions of Subsection G of 22.28.070 have not or cannot be met. — Pool halls. 1111 1111' IIIH"- u 158 CHAPTER 22.28 Sec. 28.260 (Cont.) — 28.270 Irl,f stir" — Public utility service yards. — Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this section. — Radio and television stations and towers. ==83id�n�e-�'gi �orus��irare�a%er oT sng��visorTnd=lTis -Residcncej=ilp, — Revival meetings, tent, for longer than seven days. — Rifle, pistol, skeet or trap ranges. — Shooting galleries. — Signs as provided in Part 10 of Chapter 22.52. — Skating rinks, ice or roller. - Solid fill projects. — Steam or sauna baths. — Storage, temporary, of materials and construction equipment used in construction or maintenance of streets and highways, sewers, storm drains, underground conduits, flood control works, pipelines and similar uses, for a period not to exceed one year. — Swap meets. 1 — Theaters, adult, provided that, as a condition of use, such use shall not be located within a 1,000 -foot radius of any other adult business, and subject to the provisions of Section 22.56.190. — Theaters and other auditoriums. = T-hcrxtcrs, di i i e =in. ==To�kaxrs�= =mer-reser 6 oil 13el1swF; ped=tIa'srrsen obtain. w tlm-rsndhimls of perff f &I!- 1Jrl�asives ��rag�asprovidet�ii�-u�Gi�2g5�= — Temporary uses as provided in Part 14 of Chapter 22.56. (Ord. 85-0195, See. 8 (part), • Ord. 85-0004, Sec. 43,• Ord. 84-0236, Sec. 7; Ord, 84-0161, Sec. 10.) 22.28.270 DEVELOPMENT STANDARDS. Premises in Zone C -M shall be subject to the following development standards: A. That not to exceed 90 percent of the net area be occupied by buildings, with a minimum or 10 percent of the net area landscaped with a lawn, shrubbery, flowers and/or trees, which shall be continuously maintained in good condition. Incidental walkways, if needed, may be developed in the landscaped area. Sec. 26.270 (C*nL) CHAPTER 22.28 159 I B. That there be parldng facilities provided as required by Part 11 of Chapter 22.52. C. Outside Display. All display in Zone C-M shall be located wholly within an enclosed building except for the following: — Amusement rides and devices. — Automobile service stations, limited to automobile accessories and facilities necessary to dispensing petroleum products only. �_#�ldesaleeata�asIY== — Carnivals, commercial. — Christmas trees and wreaths, the sale of. �P3p3$; tom; isash; �2�a�ro�,anelud�33�= — Electric distribution substations. — Gas metering and control stations, public utility. Af6Ult�$ tAs El t rft8iriielrtm s3i si 3�. — Parking lots. ==-�e�ssa��+el�alesi3����bieles€a� =sal"rsr1�_ — Restaurants and other eating establishments, including food take- out, subject to the standards specified by Subsection G of Section 22.28.070. Signs, outdoor advertising. D. Outside Storage. Outside storage is permitted on the rear of a lot or parcel of land in Zone C-M when such storage is strictly incidental to the permitted use existing in a building on the front portion of the same lot or parcel of land, and provided no storage is higher than the enclosure surrounding it nor nearer than 50 feet to the front property line. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate, not less than five feet nor more than six feet in height, except that the Director may approve the substitution of a fence or decorative wall where, in his opinion, such wall or fence will adequately comply with the provisions of this section. All such requests for substitution shall be subject to the provisions of Part 12 of Chapter 22.56, on Director's review. (Ord. 84-0_761, Sec. 11; Ord. 83-0161, Sec. 13, 1983; Ord. 1494 Ch. 2 Art. 3 Sec. 259.9, 1927) E. Planned Development. Property within the C -M Zone and located at the southwest corner of Grand Avenue and Golden Springs Drive shall, upon application for development approval or subdivision, concurrently submit a Planned Development (Master Plan) for Conditional Use Permit approval. The purpose of the Planned Development is to encourage consolidation or integration of land uses in order to achieve superior design, land use efficiencies, cohesive appearance, coordinate access and reduce incremental development costs.