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HomeMy WebLinkAboutPC 2001-16L—, PLANNING COMMISSION RESOLUTION NO. 2001-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2001-01 AND NEGATIVE DECLARATION NO. 2001-02. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-01 and Negative Declaration No. 2001-02. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred �o as the "Application." 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code require modification in order to implement the General Plan: Article 11 Table 2-2, (Page II -7) Table 2-4, (Pages II -12) Table 2-6 (Page 11-21) Article III Section 22.42.130A, (Page 1), Section 22.42.130C.1, Subsections a. - d. (Page 2) Section 22.42.130D.1. (Page 2) Section 22.42.130D.1, Subsection a. (Page 2) Section 22.42.130D.1, Subsection c. (Page 2) Section 22.42.130D.1, Subsection d. (Page 3) Section 22.42.130D.1, Subsection e. (Page 3) Section 22.42.130D.1, Subsection j. (Page 3) Section 22.42.130D.2, Subsection a. (Page 3) Section 22.42.130D.2, Subsection b. (Page 4) Section 22.42.130D.2, Subsection d. (Page 4) Section 22.42.130D.3, Subsection b. (Page 4) Section 22.42.130D.3, Subsection c. (Page 4) Section 22.16.090, - C.4. f., (Page III -16) 6 Table 3-15, (Page III — 189) Table 3-10 (Page III -96) Table 3-15, (Page III -189) Section 22.30.060 - Figure 3-43 (Page III -101) Section 22.16.050 B., (Page III -7), Section 22.30.070 I. 2. a., (Page III -108) Section 22.22.120, B. Figure 3-35 (Page III -58) Section 22.16.090, CA. e. (Page III -16) Section 22.34.030.C., (Page III -11 S) Section 22.34.040.D., (Page III -119) Section 22.22.120, B. Figure 3-35 (Page III -58) Section 22.16.090, CA.e. (Page III -16) Section 22.34.050.C., (Page III -120) - Section 22.34.060.C., (Page III -121) Article V Section 22.72.020.B.2. (Page V-21) Article VI Section 22.80.020, (Page VI -16) Section 22.80.020, (Page VI -26) Section 22.80.020, (Page VI -43 & 49) .3ection 22.80.020, (Page VI -55) 3. On May 1, 2001, notification for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least91[ one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on May 2, 2001, public notices were posted in 10 public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center -eleven even Diamond Bar Boulevard, 21070 Golden Springs Drive (JoAnne Fabrics) 990 Diamond Bar Boulevard (Oak Tree Lanes), The Country Estates Clubhouse Bulletin Board, 1235 Diamond Bar Boulevard (Albertson's) and Heritage; Park. Additionally, On May 10, 2001, an advertisement was published in the Weekly, News. 4. On May 22, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was concluded on May 22, 2001. 5. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Development Code Amendment No. 2001-01 attached hereto as Exhibit "A" implements the Strategies of the General Plan. I% - , 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 finds that the Initial Study review and Negative Declaration No. 99-9 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2001-02 reflects the independent judgement of the City of Diamond Bar. 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 above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2001-01 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. 3 APPROVED AND ADOPTED THIS 22ND OF MAY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. l BY; . Bob /6'56s, 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 22nd day of May.2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson, Tye NOES: None E ABSENT: None ABSTAIN: None ` ATTEST: d' Pmes DeS efano, Secretary 4 DEVELOPMENT CODE AMENDMENT NO. 2001-01 EXHIBIT "A" 1. Zoning Consistency Matrix, Table 2-2 contained in Section 22.06.040 of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: ZONING CONSISTENCY MATRIX r GENERAL PLAN DESIGNATION EXISTING ZONING DISTRICTS APPLICABLE DEVELOPMENT CODE STANDARDS Office Professional (OP) Max 1.0 FAR. Commercial Manufacturing Zone Office Professional (OP) or (CM) Office Business Park (OB) additional uses for Gateway Corporate Center 2. Paragraph C.4.h. contained in Section 22.16.090, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: C.4.h. Fences and Walls. 1. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. To reduce the required 10 foot setback to a minimum five feet on a reverse corner lot, fences and walls shall be reviewed by the City with respect to the clear line of site for vehicular and pedestrian traffic. Where the clear line of site is maintained, the Director may reduce the required 10 foot setback to five feet. I 3. Table 2-6 contained in Section 22.10.030 of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: ALLOWED USES AND PERMIT REQUIREMENT.' FOR COMMERCIAL/ INDUSTRIAL ZONING DISTRI';TS RETAIL TRADE USES C-1 C-2 C-3 I t Second hand stores P P 4. Section 22.42.130A. - Purpose and Applicability of Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: A. Purpose. The purpose of this section is to establish development �2" standards and land use controls for the installation and maintenance of radio and television antennas, including amateur radio station antennas and wireless telecommunications antenna facilities within specified land use zones of the City. The standards and controls are intended to insure the design and location of those antennas and related facilities are consistent with previously adopted policies of the City, as set forth in the General Plan, to guide the orderly development of the community, to promote the public health, safety, comfort, convenience, and general welfare of the City's residents, to protect property values, and to enhance the aesthetic appearance of the City by maintaining architectural and structural integrity and by protecting views from obtrusive and . unsightly accessory uses and facilities. As related to health, safety, and structural integrity, all such facilities shall comply with the structural design requirements of the current Uniform Building Code. The purpose of compliance with the Uniform Building Code is to insure that such facilities do not fail in a seismic event or high windsi that traditionally occur in Diamond Sar. 5. Paragraph C.1., Subsections a. -d. of Section 22.42.130 Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Current Standard: - a. An antenna located in any zoning district that is designed to receive direct 6. e broadcast satellite service, including direct -to -home satellite services, that b is one meter (1m) [39"1 or less in diameter and that is either building - mounted or if elevated by a mast shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. b. An antenna that is designed to receive video programming services and that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (2m) [6.5'1 or less in diameter and is either building -mounted or, if elevated by a mast shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. C. An antenna located in any zoning district that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, which antenna is one meter 1 m 39" or less in diameter or diagonal measurement and [ 1 ( ) 9 which is either building -mounted or, if elevated by a mast shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. d. An antenna located in any zoning district that is designed solely to receive television broadcast signals, which antenna, whether building -mounted or uP f 2 4 _ (Exhibit "A") __- ground -mounted shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. 6. Paragraph D.1., Subsections a. -d. of Section 22.42.130 Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 1. City-wide Standards. The following development standards apply in all zoning districts to the siting, construction, and operation of all satellite earth station antennas, including those that require the issuance of a conditional use permit and the issuance of a building permit, as provided for in paragraph E. The Director may modify or waive any standard or requirement that impairs the installation, maintenance, or use of over -the - air reception devices. 7. Paragraph D.1., Section 22.42.130, Subsection a. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: a. The height of a ground -mounted satellite earth station antenna shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval". ! 8. Paragraph D.1., Section 22.42.130, Subsection c. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: C. Satellite earth station antennas, whether ground -mounted or building - mounted, including any guy -wires, masts, and accessory equipment, should, to the extent feasible, be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the designed of adjacent buildings. Satellite earth station antennas shall be located in rear yards or side yards not visible or screened from view from adjacent properties and/or public right-of-way where such placement does not impair an antenna's reception. The Director may modify any requirement in this section if the antenna reception is impaired. 9. Paragraph D.1., Section 22.42.130, Subsection d. Development Standards for = Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is -�� hereby amended to read as follows: 3 (Exhibit "A") d. Satellite earth station antennas must be finished, to the extent feasible, in a noir-metallic finish or painted in a color that is compatible with the surrounding environment. 10. Paragraph D.1.; Section 22.42.130, Subsection e. Development Standards for Radio and Television Antennas and Wireless Telecommunications. Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code shall be deleted. 11. Paragraph D.1., Section 22.42.130, Subsection j. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: j. Pursuant to the current Uniform Building Code, all connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind loads of at least nine kilograms (9kg/20 lbs.) per square foot. Due to the fact that Diamond Bar is located in an area traditionally subject to high winds, all structures including satellite earth station antenna shall be required to withstand an 80 mile per hour wind load. 12. Paragraph D. 2., Section 22.42.130, Subsection a. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: a. The height of the roof -mounted satellite earth station antenna shall not extend more than twelve (12) feet above the roofline without Building and Safety Division's review and approval. 13. Paragraph D. 2., Section 22.42.130, Subsection b. Development Standards for Radio and Television Antes Inas and Wireless Telecommunications Antenna Facilities of Article III, Title :'_2 of the City of Diamond Bar Municipal Code is hereby amended to read as f(Alows: b. The height of a ground -mounted satellite earth station antenna shall not extend more than twelve (12) feet above the roofline without Building and Safety Division's review and approval. i 14. Paragraph D. 2., Section 22.42.130, Subsection d. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code shall be deleted. j,. I I4 4 ii F (Exhibit "A") 15. Paragraph D. 3., Section 22.42.130, Subsection b. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code shall be deleted. 16. Paragraph D. 3., Section 22.42.130, Subsection c. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: C. The height of a ground -mounted satellite earth station antenna shall not extend more than twelve (12) feet above the roofline without Building and Safety Division review and approval. 17. Table 2-6 contained in Section 22. 16.090 of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Accessory Structure Type of Setback Required Setback Air-conditioning equipment, Sides, rear3 42 inches. Pool and spa equipment Street side As required for main structure. I -, 18. Table 3 -10 contained in Section 22.30. 0 40 of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: PARKING REQUIREMENTS BY LAND USE I � Land Use Type Vehicle Spaces Required Studios and non -degree schools 1 space for each 200 sq. ft. of gross floor area and 1 space for each C employee 19. Table 3 -1 5 contained in lection 22.42. 110 of Article lil, Title 22 of the City of j Diamond Bar Municipal Cc..de is hereby amended to read as follows: Required Setbacks -Accessory Uses and Structures Single -Family Detached Homes Accessory Structures Type of Setback Required Setback Swimming pool, spa, the fish pond, outdoor play Sides, rear3 5 feet. equipment, fountains, decorative pools Street side As required for main structure. 5 (Exhibit "A") Multi -Family, Detached/Detached i I Accessory Structures Type of Setback Required Setback I Swimming pool, spa, the fish pond, outdoor play Front 10 feet. equipment, fountains, decorative pools Sides 5 feet. Street side 10 feet. Rear3 5 feet. 20. Table 3 -1 and 5 contained in Section 22.42. 110 of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Required Setbacks -Accessory Uses and Structures Single -Family Detached Homes G Accessory Structures Type of Setback Required Setback Garage, workshop Sides, rear As required for main structure. Street side As required for main structure. Detached patio cover and/or trellises, gazebo, Sides, rear greenhouse, storage shed 5 feet from property line or buildable pad line, whichever is applicable. Street side As required for main structure. 21. Figure 3-43, Section 22.30.060, DISABLED/HANDICAPPED PARKING REQUIREMENTS of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to include a graphic delineating a van loading and unloading area with a width of eight feet. 22. Paragraph B., Section 22.16.050, Exterior Lighting of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follo4vs: B. Intensity. Parking areas shall have lighting capable of providing adequate illumination for security and safety. A minimum of one footcandle of illumination shall be maintained at the parking surface throughout the parking area. Pedestrian walkways, plazas, and courts shall have a light level at the ground surface of minimum one footcandle. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this Subsection. Building -mounted decorative lights shall not exceed five footcandles measured five feet from the light source. 6 (Exhibit "A") i 5r' N 23. Paragraph B., Figure 3-35 of Section 22.22.120, Architecture Guidelines of Article III, Title 22 of the City of Diamond Bar Municipal Code shall delete the h word "Average" from Figure 3-35. 24. Paragraph C. 4, e ., of Section 22.16. 090, Setback Regulations and Exceptions/Drives, tions/Drives Walkways, and Decks of Article III, Title 22 of the Cit of I p Y, Y Diamond Bar Municipal Code is hereby amended to read as follows: CA.e. 1.) A deck shall not extend more than six feet over top of slope, nor higher than three feet above the highest point of the slope. A deck shall maintain a minimum side and rear setback of the five feet from property line or buildable pad's edge, whichever is applicable and a street side setback as required for the main structure setback. 25. Paragraph C., of Section 22.34.030, PROPERTY MAINTENANCESTANDARDS Single-family Standards/Structure Maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the -� entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. 26. Paragraph D., of Section 22.34.040, PROPERTY MAINTENANCE STANDARDS Multi -family Standards/Structure Maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: D. Structure maintenance. All structures shall be mairtained in a structurally sound, safe manner with a clean, orderly app-;arance. Any physical damage or deterioration (e.g., broken windows/coors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. 27. Paragraph C., of Section 22.34.050, PROPERTY MAINTENANCE STANDARDS Commercial Standards/Structure Maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows. 7 (Exhibit "A") II! I i 1 11 1111I'll 11! 11, I I I I 1 71 - ___T _-7- ` Ii i 111 W 11 C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any,,i, physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or, match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. 28. Paragraph C., of Section 22.34.060, PROPERTY MAINTENANCE STANDARDS Industrial Standards/Structure Maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. 29. Paragraph B.2., of Section 22.72.020, Notice of Hearing/Method of Notice Distribution of Article V, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: B. Method of notice distribution. 2. Notice shall be posted, at least ten days before the hearing, in the following manner: a. On the subject parcel, on a display board measuring at least four foot by six foot. The applicant is responsible for the preparation, installation, maintenance and removal of the display board. The display board shall be removed no later than three days after the date of the scheduled public hearing has concluded. 30. Paragraph D. Definitions, "D". of Section 22.80.020, of Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to add in alphabetical order and read as follows: D. Definitions, "D". Deck. A porch or platform which projects more than two feet from ani;'r adjacent structure or is freestanding and at least two feet wide that is fully mroofed and unenclosed. !'' (Exhibit "A") 31. Paragraph I. Definitions, "I". of Section 22.80.020, of Article VI, Title 22 of the City of Diamond�Bar Municipal Code is hereby amended to add in alphabetical order and read as follows: I. Definitions, "I". Inoperative Vehicle. A vehicle (including, but not limited to cars, boats, trucks, recreational vehicles, etc.) not legally able to be operated on a public highway and in an obvious state of disrepair (i.e. flat tire, mechanical parts missing, interior used as a storage area, etc.). 32. Paragraph S. Definitions, "S". of Section 22.80.020, of Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to add in alphabetical order and read as follows: S. Definitions, "S". Schools. Also includes specialized non -degree granting schools offering instruction in: ➢ art ➢ drivers education F ➢ ballet and other dance ➢ language ➢ computers and electronics ➢ music ➢ drama ➢ science ➢ math Site coverage. The percentage of total site area occupied by structures, and paving for vehicle use. Structures/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, sheds, trash dumpster enclosures, etc.) except tennis courts and pools/spas and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structures/building coverage is measured from exterior wall to exterior wall. Pavement for vehicle use shall include areas necessary for ingress, egress, outdoor parking, and circulation of motor vehicle. A maximum 400 square feet of driveway shall be counted toward the lot coverage where driveways were larger then 400 square feet. See Figures 6-8 (Site Coverage). 33. Paragraph V. Definitions, "W. of Section 22.80.020, of Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to add in alphabetical order and read as follows: 9 (Exhibit "A") I 1 1 [7 11,11 1_uiu 11 —.-__r 1 1 , i i ,, i in i uu m„1, 11 1 - V. Definitions, "T. Veterinary Clinics and Animal Hospitals. Office and indoor medical treatment facilities used by veterinarians, including large and small animals veterinary clinics, and animal hospitals as well as the boarding of large and small animals as an ancillary use. ' 10 (Exhibit "A") PLANNING COMMISSION RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001 -01 and Negative Declaration No. 2001-02. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred ',o as the 2. The Community and Development Services Department has determined Development Code require modification in order to implement the General Plan: Article If Table 2-2, (Page 11-7) Table 2-4, (Pages 11-12) Table 2-6 (Page 11 - Article III Section 22.42.130A, (Page 1), Section 22.42.130C.1, Subsections a. - d. (Page 2) Section 22.42.130D.1. (Page 2) Section 22.42.130D.1, Subsection a. (Page 2) Section 22.42.130D.1, Subsection c. (Page 2) Section 22.42.130D.1, Subsection d. (Page 3) Section 22.42.130D. 1, Subsection e. (Page 3) Section 22.42.130D.1, Subsection j. (Page 3) Section 22.42.130D.2, Subsection a. (Page 3) Section 22.42.130D.2, Subsection b. (Page 4) Section 22.42.130D.2, Subsection d. (Page 4) Section 22.42.130D.3, Subsection b. (Page 4) Section 22.42.130D.3, Subsection c. (Page 4) Section 22.16.090, - CA f., (Page 111-16) Table 3-15, (Page III - 189) Table 3-10 (Page 111- 96) Table 3-15, (Page 111- 189) Section 22.30.060 - Figure 3-43 (Page 111-101) Section 22.16.050 B., (Page 111-7), Section 22.30.070 1. 2. a., (Page 111-108) Section 22.22.120, B. Figure 3-35 (Page 111- 58) Section 22.16.090, CA.e. (Page 111-16) Section 22.34.030.C., (Page 111-118) Section 22.34.040. D., (Page 111-119) Section 22.22.120, B. Figure 3-35 (Page 111- 58) Section 22.16.090, CA.e. (Page 111-16) Section 22.34.050.C., (Page 111-120) Section Article V Article VI Section 22.80.020, (Page VI -1 6) Section 22.80.020, (Page VI -26) Section 22.80.020, (Page VI -43 & On May 1, 2001, notification for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), ii the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on May 2, 2001, public notices were posted in 10 public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center -eleven even Diamond Bar Boulevard, 21070 Golden Springs Drive (JoAnne Fabrics) 990 Diamond Bar Boulevard (Oak Tree Lanes), The Country Estates Clubhouse Bulletin Board, 1235 Diamond Bar Boulevard (Albertson's) and Heritage-, Park. Additionally, On May 10, 2001, an advertisement was published in the Weekly News. 4. On May 22, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public 5. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Development Code Amendment No. 2001 -01 attached hereto as Exhibit "A" implements the Strategies of the General Plan. -Al 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 finds that the Initial Study review and Negative Declaration No. 99-9 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2001-02 reflects the independent judgement of the City 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 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2001-01 attached hereto as Exhibit "A" and incorporated herein by reference. The Plarining Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City APPROVED AND ADOPTED THIS 22ND OF MAY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob 1666§-, -Chairm- an 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of May,2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson, Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: rmes D—S -- efano, Sc ni)eS efano, Secretary DEVELOPMENT CODE AMENDMENT NO. 2001-01 EXHIBIT "A" 1 Zoning Consistency Matrix, Table 2-2 contained in Section 22.06.040 of Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: ZONING CONSISTENCY MATRIX GENERAL PLAN DESIGNATION EXISTING ZONING DISTRICTS APPLICABLE DEVELOPMENT CODE STANDARDS Office Professional (OP) Max 1.0 FAR. Commercial Manufacturing Zone Office Professional (OP) or Office Business Park (OB) additional uses for Gateway Corporate Center Paragraph CA.h. contained in Section 22.16.090, of Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: CA.h. Fences and Walls. 1. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. To reduce the required 10 foot setback to a minimum five feet on a reverse corner lot, fences and walls shall be reviewed by the City with respect to the clear line of site for vehicular and pedestrian traffic. Where the clear line of site is maintained, the Director may reduce the required 10 foot setback to five feet. Table 2-6 contained in Section 22.10.030 of Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amender! to read as follows: ALLOWED USES AND PERMIT REQUIREMENI-- FOR COMMERCIAL/ RETAIL TRADE USES C-1 C-2 C-31 Second hand stores P P 4. Section 22.42.130A. - Purpose and Applicability of Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: A. Purpose. The purpose of this section is to establish development standards and land use controls for the installation and maintenance of radio and television antennas, including amateur radio station antennas and wireless telecommunications antenna facilities within specified land use zones of the City. The standards and controls are intended to insure the design and location of those antennas and related facilities are consistent with previously adopted policies of the City, as set forth in the General Plan, to guide the orderly development of the community, to promote the public health, safety, comfort, convenience, and general welfare of the City's residents, to protect property values, and to enhance the aesthetic appearance of the, City by maintaining architectural and structural integrity and by protecting views from obtrusive and -unsightly accessory uses and facilities. As related to health, safety, and structural integrity, all such facilities shall comply with the structural design requirements of the current Uniform Building Code. The purpose of compliance with the Uniform Building Code is to insure that such facilities do not fall in a seismic event or high winds that traditionally occur in Diamond Bar. 5. Paragraph CA., Subsections a. -d. of Section 22.42.130 Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is a. An antenna located in any zoning district that is designed to receive direct broadcast satellite service, inclu ding direct -to -home satellite services, that is one meter (1m) [39"] or less in diameter and that is either buildingmounted or if elevated by a mast shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. b. An antenna that is designed to receive video programming services and that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (2m) [65] or less in diameter and is either building -mounted or, if elevated by a mast shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. C. An antenna located in any zoning district that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, which antenna is one meter (11 m) [39"1 or less in diameter or diagonal measurement and which is either building -mounted or, if elevated by a mast shall not extend more than 12 feet above the roofline without the Building and Safety d. An antenna located in any zoning district that is designed solely to receive 2 (Exhibit "A") ground -mounted shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval. 6. Paragraph D.1., Subsections a. -d. of Section 22.42.130 Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is 1 City-wide Standards. The following development standards apply in all zoning districts to the siting, construction, and operation of all satellite earth station antennas, including those that require the issuance of a conditional use permit and the issuance of a building permit, as provided for in paragraph E. The Director may modify or waive any standard or requirement that impairs the installation, maintenance, or use of over - 7. Paragraph D.1., Section 22.42.130, Subsection a. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby a. The height of a ground -mounted satellite earth station antenna shall not extend more than 12 feet above the roofline without the Building and Safety Division review and approval". 8. Paragraph D.1., Section 22.42.130, Subsection c. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby C. Satellite earth station antennas, whether ground -mounted or buildingmounted, including any guy -wires, masts, and accessory equipment, should, to the extent feasible, be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the designed of adjacent buildings. Satellite earth station antennas shall be located in rear yards or side yards not visible or screened from view from adjacent properties and/or public right-of-way where such placement does not impair an antenna's reception. The Director may modify any requirement in this section if the antenna reception is impaired. 9. Paragraph D.1., Section 22.42.130, Subsection d. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is 3 (Exhibit "A") d. Satellite earth station antennas must be finished, to the extent feasible, in a nori-metallic finish or painted in a color that is compatible with the 10. Paragraph D.1., Section 22.42.130, Subsection e. Development Standards for Radio and Television Antennas and Wireless Telecommunications, Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code shall be 11. Paragraph D.1., Section 22.42.130, Subsection j. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended Pursuant to the current Uniform Building Code, all connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind loads of at least nine kilograms (9kg/20 lbs.) per square foot. Due to the fact that Diamond Bar is located in an area traditionally subject to high winds, all structures including satellite earth station antenna shall be required to withstand an 80 mile per hour wind load. 12. Paragraph D. 2., Section 22.42.130, Subsection a. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article III, Title 22 of the City of Diamond Bar Municipal Code is a. The height of the roof -mounted satellite earth station antenna shall not extend more than twelve (12) feet above the roofline without Building and Safety 13. Paragraph D. 2., Section 22,42.130, Subsection b. Development Standards for Radio and Television Ant6crias and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is b. The height of a ground -mounted satellite earth station antenna shall not extend more than twelve (12) feet above the roofline without Building and Safety 14. Paragraph D. 2., Section 22.42.130, Subsection d. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code shall 4 (Exhibit "A") 15. Paragraph D. 3., Section 22.42.130, Subsection b. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities ofArticle 111, Title 22 of the City of Diamond Bar Municipal Code shall 16. Paragraph D. 3., Section 22.42.130, Subsection c. Development Standards for Radio and Television Antennas and Wireless Telecommunications Antenna Facilities of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: C. The height of a ground -mounted satellite earth station antenna shall not extend more than twelve (12) feet above the roofline without Building and Safety Division review and approval. 17. Table 2-6 contained in Section 22. 16.090 of Article III, Title 22 of the City of Diamond Bar Municipal CoJe is hereby amended to read as follows: REQUIRED SETBACKS -ACCESSORY USES AND STRUCTURES Accessory Structure Type of Setback Required Setback Air-conditioning equipment, Sides, rear3 42inches. Pool and spa equipment Street side As required for main structure. 18. Table 3 -10 contained in Section 22.30. 0 40 of Article 1 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: PARKING REQUIREMENTS BY LAND USE Land Use Type Vehicle Spaces Required Studios and non -degree schools 1 space for each 200 sq. ft. of gross floor area and 1 space for each employee 19. Table 3 -1 5 contained in —iection 22.42. 110 of 'Article 111, Title 22 of the City of Diamond Bar Municipal Cc,.de is hereby amended to read as follows: Required Setbacks -Accessory Uses and Single -Family Detached Homes Accessory Structures Type of Setback Swimming pool, spa, the fish pond, outdoor play Sides, rear3 Required equipment, fountains, decorative 5 feet. pools Street side 5 (Exhibit "A") Multi -Family, Detached I Detached Accessory Structures Type of Setback Required Setback Swimming pool, spa, the fish pond, outdoor play Front 10 feet. equipment, fountains, decorative pools Sides 5 feet. Street side 10 feet. Rear3 5 feet. 20. Table 3 -1 and 5 contained in Section 22.42. 110 of Article 1 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Required Setbacks -Accessory Uses and Structures Single - Family Detached Homes Accessory Structures Type of Setback Required Setback Garage, workshop Sides, rear As required for main structure. Street side As required for main structure. Detached patio cover and/or trellises, gazebo, Sides, rear 5 feet from property line or greenhouse, storage shed buildable pad line, whichever is applicable. Street side As required for main structure. 21. Figure 3-43, Section 22.30.060, DISABLED/HANDICAPPED PARKING REQUIREMENTS of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to include a graphic delineating a van loading and 22. Paragraph B., Section 22.16.050, Exterior Lighting of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follovvs: B. Intensity. Parking areas shall have lighting capable of providing adequate illumination for security and safety. A minimum of one footcandle of illumination shall be maintained at the parking surface throughout the parking area. Pedestrian walkways, plazas, and courts shall have a light level at the ground surface of minimum one footcandle. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this Subsection. Building - mounted decorative lights shall not exceed five footcandles measured five feet from the light source. 6 (Exhibit "A") " jj'WA 23. Paragraph B., Figure 3-35 of Section 22.22.120, Architecture Guidelines of Article 111, Title 22 of the City of Diamond Bar Municipal Code shall delete the word "Average" from Figure 3-35. 24. Paragraph C. 4— e ., of Section 22.16. 090, Setback Regulations and Exceptions/Drives, Walkways, and Decks of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: CA.e. 1.) A deck shall not extend more than six feet over top of slope, nor higher than three feet above the highest point of the slope. A deck shall maintain a minimum side and rear setback of the five feet from property line or buildable pad's edge, whichever is applicable and a street side setback as required for the main structure setback. 25. Paragraph C., of Section 22.34.030, PROPERTY MAINTENANCE %STANDARDS Single-family Stan dards/Structu re Maintenance of Article 111, Title 22 if the City of Diamond Bar Municipal Code is hereby amended to- read as follows: C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the 26. Paragraph D., of Section 22.34.040, PROPERTY MAINTENANCE STANDARDS Multi -family Standards/Structure Maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: D. Structure maintenance. All structures shall be mairtained in a structurally sound, safe manner with a clean, orderly app-.—arance. Any physical damage or deterioration (e.g., broken windows/coors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the 27. Paragraph C., of Section 22.34.050, PROPERTY MAINTENANCE STANDARDS Commercial Standards/Structure Maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows. 7 (Exhibit "A") I---T T11 C. Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a"clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. 28. Paragraph C., of Section 22.34.060, PROPERTY MAINTENANCE STANDARDS Industrial Standard s/Stru ctu re Maintenance of Article 111, Title 22 of the City of C. Structure maintenance. All structures shall be maintained in a 8,tructurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re -roofing a structure, the entire roof shall be completed. All re -roofing shall be uniform in material and color or match existing except as approved by the Director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure. 29. Paragraph B.2., of Section 22.72.020, Notice of Hearing/Method of Notice Distribution of Article V, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: B. Method of notice distribution. 2. Notice shall be posted, at least ten days before the hearing, in the following manner: a. On the subject parcel, on a display board measuring at least four foot by six foot. The -applicant is responsible for the preparation, installation, maintenance and removal of the display board. The display board shall be removed no later than three days after the date of the scheduled public 30. Paragraph D. Definitions, "D". of Section 22.80.020, of Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to add in alphabetical order D. Definitions, "D". Deck. A porch or platform which projects more than two feet from an adjacent structure or is freestanding and at least two feet wide that is fully i inroofed and unenclosed. 8 (Exhibit "A") n;-finifinnc ".q" chools. Also includes s eci rivers education ballet and other dance cience 31. Paragraph 1. Definitions, "I". of Se —language tion 22.80.020, of the Ci y of DiamondBar Munici al Code is hereby alphab tical order and read as fo lows: 1. Definitions "I". Inoper tive Vehicle. A vehicle inclu ing, but not Ii t ucks, recreational vehicle 3, etc.) not legally a public highway and in ai ob ious state of echanical parts missing, i iteric r used as a sto 32. Paragrapi S. Definitions, "S". of S ction 22.80.020, of the CitLmlouters of Diamond Bar Municipal ode is hereby and electronic music n;-finifinnc ".q" art math rticle V1, Title 22 of amended to add in ited to cars, boats, le to be operated on isrepair (i.e. flat tire, age area, etc.). rticle V1, Title 22 of amended to add in e granting schools Site coverage. The percentage of total site area occupied by structures, and paving for vehicle use. Structures/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, sheds, trash dumpster enclosures, etc.) except tennis courts and pools/spas and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structures/building coverage is measured from exterior wall to exterior wall. Pavement for vehicle use shall include areas necessary for ingress, egress, outdoor parking, and circulation of motor vehicle. A maximum 400 square feet of driveway shall be 33. Paragraph V. Definitions, W. of Section 22.80.020, of Article V1, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to add in 9 (Exhibit chools. Also includes s eci lized non-degr rama cience art math rticle V1, Title 22 of amended to add in ited to cars, boats, le to be operated on isrepair (i.e. flat tire, age area, etc.). rticle V1, Title 22 of amended to add in e granting schools Site coverage. The percentage of total site area occupied by structures, and paving for vehicle use. Structures/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, sheds, trash dumpster enclosures, etc.) except tennis courts and pools/spas and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structures/building coverage is measured from exterior wall to exterior wall. Pavement for vehicle use shall include areas necessary for ingress, egress, outdoor parking, and circulation of motor vehicle. A maximum 400 square feet of driveway shall be 33. Paragraph V. Definitions, W. of Section 22.80.020, of Article V1, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to add in 9 (Exhibit V. Definitions, W. Veterinary Clinics and Animal Hospitals. Office and indoor medical treatment facilities used by veterinarians, including large and small animals veterinary clinics, and animal hospitals as well as the boarding of large and 10 (Exhibit "A")