HomeMy WebLinkAboutPC 2005-08PLANNING COMMISSION
RESOLUTION NO. 2005-08
A RESOLUTION OF
CITY OF DIAMOND
COUNCIL APPROVE
NO. 2005-02.
A. RECITALS
THE PLANNING COMMISSION OF THE
BAR RECOMMENDING THAT THE CITY
DEVELOPMENT CODE AMENDMENT
The City of Diamond Bar has initiated an application for Development
Code Amendment No. 2006-01. Hereinafter in this Resolution, the subject
Development Code Amendment shall be referred to as the "Application."
2. The Community and Development Services Department has determined
that the following modifications to the Development Code are necessary in
order to further implement the City General Plan.
ARTICLE II
CHAPTER 22.08/RESIDENTIAL ZONING DISTRICTS.
Section 22.08.030. Residential zoning district land uses and permit
requirements — Table 2-3
CHAPTER 22.10/COMMERCIAL/INDUSTRIAL ZONING DISTRICTS.
Section 22.10.030. Commercial/Industrial district land uses and permit
requirements -- Table 2-5 and Table 2-6
ARTICLE III
CHAPTER 22.161GENERAL PROPERTY DEVELOPMENT AND LAND USE
STANDARDS
Section 22.16.140. Second kitchen
CHAPTER 22.30./OFF-STREET PARKING AND LOADING STANDARDS
Section 22.30.040. Numbe of parking spaces required.— Table 3-10
CHAPTER 22.34./PROPS TY MAINTENANCE STANDARDS
Section 22.34.030. Single-family standards
Section 22.34.040. Multi -f amily standards
Section 22.34.050. Commercial standards
Section 22.34.060. Indus rial standards
CHAPTER 22.42./STAND RDS FOR SPECIFIC LAND USES
Section 22.42.120. Secondary housing units
Section 22.42.060. Guest houses
Section 22.42.080. Outd
elr iiilr"aLTJ
r display and sales standards.
CHAPTER 22.48./DEVELOPMENT
REVIEW
Section 22.48.040. Findings
and decisions.
CHAPTER 22.50./TEMPO
ARY USE PERMITS
Section 22.50.060. Action bv
the director.
CHAPTER 22.52./MINOR VARIANCES
Section 22.52.040. Findings and decision.
CHAPTER 22.54./VARIAN E
Section 22.54.040. Findings and decision.
CHAPTER 22.56./MINOR CONDITIONAL USE PERMIT
Section 22.56.040. Findinas and decision.
CHAPTER 22.58./CONDITIONAL USE PERMIT
Section 22.58.040. Findings and decision.
ARTICLE VI
CHAPTER 22.80.IDEFINITIPNS
Section 22.80.010. Definition of specialized terms and phrases.
3. On February 11, 2005, notice for this project was published in the Inland
Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning
and Zoning Law Government Code Section 65091 (a)(3), if the number of
property owners to whom a public hearing notice would be mailed is
greater than 1,000, a local Agency may provide notice by placing a display
advertisement of at least ne-eight page in at least one newspaper of
general circulation. Th City placed a one -,eight page display
advertisement in the above mentioned newspapers of general circulation.
Furthermore, on February 11, 2005, public notices were posted in nine
public places (City Hall/S uth Coast Air Quality Management District,
Diamond Bar Library, Country Hills Town Center Community Board,
Vons/Sav-On Community B ard, Ralph's shopping center - Diamond Bar
Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond
Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard -
Albertson's and Heritage Park).
4. On February 22, 2005, the Planning Commission of the City of Diamond
Bar conducted and concl ded a duly noticed public hearing on the
Application.
K
5. On February 22, 2005, the
of public testimony, staff ai
determined that Developn
hereto as Exhibit "A" impl(
the General Plan.
B. RESOLUTION
Planning Commission, after due consideration
alysis and the Commission's deliberations, has
ent Code Amendment No. 2005-02 attached
ments the Goals, Objectives and Strategies of
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamo d 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 project identified above in
this Resolution, pursuant to the provisions of the California Environmental
Quality Act (CEQA), Section 15162 (a) of Article 5 of the California Code
Of Regulations and guidelines promulgated there under, is consistent with
the previously adopted Negative Declaration No. 97-03 for the City's
Development Code. Therefore, no subsequent Negative Declaration or
Mitigated Negative Declaration is required to be prepared.
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 R aulations.
2. Based on the findings a d conclusions set forth above, the Planning
Commission hereby recommends that the City Council adopt
Development Code Amendment No. 2005-02 attached hereto as
Exhibit "A" and incorporated herein by reference.
The Planning Commission shall:
(a) Certify to the
(b) Forthwith transmit
Council forthwith.
of this Resolution; and
certified copy of this Resolution to the City
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APPROVED AND ADOPTED THIS 22ND OF FEBRUARY 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY. v
A//
Dan Nolan, Chairman
I, James DeStefano, Planning Comm
foregoing Resolution was duly introdL
Commission of the City of Diamond
Commission held on the 22nd day of Fet
AYES: Commissioners:
NOES: Commissioners
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: Ap""&�aD
J es DeStef no, Secreta
on Secretary, do hereby certify that the
I, passed, and adopted by the Planning
r, at a regular meeting of the Planning
ry 2005, by the following vote:
anus, V/C Tanaka, Low, Tye, Chair Nolan
e
ne
e
DEVELOPMENT CODE AMENDMENT NO. 2005-02
EXHIBIT "A"
Section 22.08.030. Table 2-3 Residential zoning district land uses and ermi#
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
BLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS
Land Uses (1) RR RL
RLM RM RMH RH See standards in
section:
RESIDENTIAL USES
RETAIL TRADE USES
Second units P P
22.42.120
Guest house P P
22.42.60
Section 22.10.030.Table 2-5 Commercial/Industrial district land uses and Permit
r quirements. of Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT REQUI EMENTS FOR OFFICE ZONING DISTRICTS
Land Uses(1)
OP
OB (3) CO See standards in section:
RETAIL TRADE USES
Restaurant with outdoor dining
MCUP
MCUP MCUP 22.16.070, 22.42.080
Section 22.10.030.Table 2-6Comme
requirements. of Article 11, Title 22 of the
amended to read as follows:
ndustrial district land uses and permit
of Diamond Bar Municipal Code is hereby
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING
DISTRICTS
Land Uses(1) C-1
C-2
C-3 1 See standards
in section:
RETAIL TRADE USES
Retail sales
CUP
Restaurant with outdoor dining MCUP
MCUP
MCUP 22.16.070,
22.42.080
(Modifications to Table 2-6 continued below)
TBLE 2-fi
ALLOWED USES AND PERMIT REQUIRE ENTS FOR COMMERCIAL/INDUSTRIAL ZONING
DISTRICTS
Land Uses(1)
C-1
C-2
C-3
I
See standards in
section:
RECREATIONAL, EDUCATION & PUBLIC ASSEMBLY
USES
Schools ---Private
CUP
CUP
Schools - Public
P
P
Schools - Specialized education
and training and non -degree
CUP
CUP
CUP
Studios - photograph, portrait, etc.
CUP
CUP
Section 22.16.140. Second kitchen. of Article III, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended by adding the following and adding this section
number to the Table of Contents:
Second kitchens shall be permitted within the Rural Residential (RR) zone in single-
family residences that are a minimum of 6,000 square feet in floor area. A second
kitchen shall not constitute approval of a second unit and such kitchen shall not be so
located as to facilitate the establishment of the second independent dwelling including a
servant's quarters.
Section 22.30.040 .Table 3-10 Numb
of the City of Diamond Bar Municipal
land use and parking requirement:
arkinq spaces required. of Article 111, Title 22
is hereby amended by adding the following
TABLE 3-10
PARKING REQUIREMENT BY LAND USE AND USE TYPE
Land Use Type
Vehicle Spaces Required
Recreation, education, public assembly:
Studios for art, dance and martial arts
ispace
1 space for each 150 sq. ft. of gross floor area and 1
for each employee
Section 22.30.040 .Table 3-10 Number of parking spaces re uired. of Article 111, Title 22
of the City of Diamond Bar Municipal Code is hereby amended by deleting the following
land use (Group Quarters) and parking re uirement:
TAEI E 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
Residential Uses:
GFGMD-� 4- e F r- T4-spaGB fGF eaG-h -be-d-, plua-s 4 f8F -eaGhA hadF; fA
Section 22.34. 030 -Single-family standard . of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
K1
(g) Display of holiday decorations
lights.
(1) Excepting Christmas, no holiday
decorations or lights shall be displayed
on private property earlier
than 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or lights
celebrating Christmas may be displayed on
private property stating November
15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday de
orations or lights during permissible times, as
stated in this subsection,
shall be exempt from the requirements and
regulations of Chapter 22.26.
— Sign Standards, unless they contain
commercial speech, in wh
ch case they shall constitute temporary signs
and be subject to that chap
ler.
(4) It shall be a public nuisance
and unlawful for holiday decorations and
lights to be displayed on private
property except at permissible times as
stated in this subsection.
Section 22.34, 040 -Multi -family standards.
of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by
adding the following to read as:
(i) Display of holiday decorations and
lights.
(1) Excepting Christmas, no holiday
decorations or lights shall be displayed
on private property earlier than
14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or Ii
celebrating Christmas may be displayed on
private property stating N
vember 15 and shall be entirely removed
therefrom by January 15.
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22-26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisa
lights to be displayed on I
stated in this subsection.
Section 22.34. 050 .Commercial standa
Bar Municipal Code is hereby amended
and unlawful for holiday decorations and
:e property except at permissible times as
_of Article III, Title 22 of the City of Diamond
adding the following to read as:
(h) Display of holiday decorations and Iights.
13
(1) Excepting Christmas, no h
on private property earlier t
following a holiday.
(2) Holiday decorations or lig
private property stating
therefrom by January 15.
)liday decorations or lights shall be displayed
ian 14 days prior to a holiday or after 14 days
celebrating Christmas may be displayed on
vember 15 and shall be entirely removed
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, shall be exempt from the requirements and
regulations of Chapter 22 26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapter.
(4) It shall be a public nuisan
lights to be displayed on pi
stated in this subsection.
(5) Prior to the installation of
obtained from the Building
:e and unlawful for holiday decorations and
vate property except at permissible times as
iday decorations and lights, a permit shall be
d Safety Division.
Section 22.34. 060 .Industrial standards. of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
(h) Display of holiday decorations and lights.
(1) Excepting Christmas, no
on private property earlier
following a holiday.
(2) Holiday decorations or li
private property stating
therefrom by January 15.
iday decorations or lights shall be displayed
in 14 days prior to a holiday or after 14 days
celebrating Christmas may be displayed on
ember 15 and shall be entirely removed
(3) The display of Holiday decorations or lights during permissible times, as
stated in this subsection, s all be exempt from the requirements and
regulations of Chapter 22-26. — Sign Standards, unless they contain
commercial speech, in which case they shall constitute temporary signs
and be subject to that chapte .
(4) It shall be a public nuisa
lights to be displayed on I
stated in this subsection.
(5) Prior to the installation of he
obtained from the Building a
4
and unlawful for holiday decorations and
to property except at permissible times as
ay decorations and lights, a permit shall be
Safety Division.
Section 22.42. 120 .Second units. of Article 111, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended to read as following:
The purpose of this section is to implement State law and permit second units in certain
residential zones and to ensure that the second unit does not degrade the residential
neighborhood by overcrowding of streets, utilities, parks, open spaces and other
community facilities and downgrading the living environment in the City. This section
provides standards for the establishment of second units
(1) Second units shall be allowed in the zoning districts specified in Section
22.08.030 (Residential district Ian uses and permit requirements) subject to the
approval of the Director.
(2) Number of units allowed. Only ne second unit shall be allowed on a legal
single-family parcel. A single -fa ily parcel shall not be allowed to have both
second unit and guest house.
(3) Site requirements. The parcel proposed for a second unit shall comply with all
the following requirements:
a. The parcel shall have a minimum area of 10,000 gross square feet and a
minimum buildable pad are of 8,000 square feet, a minimum width of 50
feet and a minimumdepth o 100 feet; and
b. The parcel shall be devel ped with not more than one single-family
primary residence. Theowner of the parcel must live in the primary
residence or the second ur it, and shall demonstrate such occupancy to
the satisfaction of the City prior to issuance of permits.
(4) Location of second unit. A seconi
from the existing primary residencE
within the rear portion of -the sut
primary residence a minimum of
residence, a separated entrance st
focated on the front of the primar
which the primary residence fronts.
(5) Design standards. A second unit
a. Not exceed 800 gross
dimensions:
Gross square feet
Buildable pad area
Minimum width
Minimum depth
unit may be within, attached to, or detached
If detached, the second unit shall be located
ect parcel and shall be separated from the
0 feet. If attached to or within the primary
all be provided and said entrance shall not be
residential structure or facing the street on
all:
5
feet in floor area if the parcel has these
10,000 to 20,000
8,000 square feet
50 feet
100 feet
b. Not exceed 1,200 square
20,000 gross square feet
pad area.
C. Match the architectural st
such as but not limited
treatments and details;
d. Utilize the same setback
exceed one story or 15 fe
finished grade to highest ar
coverage permitted in the
design of the second ui
surrounding residential neig
feet in gross floor area if the parcel is over
with a minimum 10,000 square foot buildable
of the primary residence in design features,
materials, colors, roofing, scale, surface
requirements as the primary residence; not
:t in height as measured from the natural of
,,a of the roofline; not exceed the maximum lot
one where the subject lot is located; and the
it shall not change the character of the
iborhood;
e. Contain separate kitchen and bathroom facilities and have a separate
entrance from the primary residence; and
f. Contain no more than two bedrooms.
(6) Parking. One off-street parking space shall be provided for the second unit, in
addition to the required and existing parking provided for the primary residence.
Said parking space shall be accessible from the existing driveway approach.
Existing driveway may be widened to accommodate the one off-street parking
space pursuant to Code Section 2 .30.080.- Driveways and site access.
(7) Rental of second units. A secon� unit may be rented, although rental is not
required.
(8) Sale or subdivision of a second unit. The sale or subdivision of a second unit
separate from the primary residence shall be prohibited.
(9) Utilities. Utilities serving the secon
shall be common to and depender
shall not be provided with separat
the issuance of any City permit
certification from the affected wate
sewer facilities are or will be avail;
units using septic facilities allowe
Control Board and the City, wr
submitted.
(10) Covenant and Agreement. Prior to
record shall sign and record a Cov
the City, which shall place future C
second unit, the required amount
second unit, that the second unit
separately from the primary resider
unit (e.g., electricity, gas, sewer, and water)
on the primary residence. The second unit
metered utilities. Furthermore and prior to
the property owner shall submit written
and sewer district that adequate water and
ale to serve the proposed second unit. For
by the California Regional Water Quality
en certification of acceptability shall be
ie issuance of any City permits, the owner of
nant and Agreement, in a form provided by
iyers on notice of the maximum size of the
�f off street parking to be provided for the
may not be sold, transferred or assigned
;e, that the owner of record shall reside on
L
the property and that such restrictions shall run with the land and be binding
upon all future owners.
01) Second kitchens shall be permitted within the Rural Residential (RR) zone in
single-family residences that area minimum of 6,000 square feet in floor area. A
second kitchen shall not constitute approval of a second residential unit and such
kitchen shall not be so located as to facilitate the establishment of the second
independent dwelling including aservant's quarters.
Section 22.42.060. Guest houses. of Article 111, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended to read as following
This section establishes standard for the development and operation of guest houses in
zoning districts where guest houses are allowed in compliance with Article II (Zoning
Districts and Allowable Land Uses), and subject to the approval of the Director provided
all of the following standards are met:
(1) Intended use. A guest house, which may include only a sleeping area, living
area, and bathroom, is intended to provide temporary living quarters within a
detached or attached residentia accessory structure, located on the same
premises with the primary residence, for use by guests of the occupants of the
premises, and shall not be rented or otherwise used as a separate dwelling.
(2) Development standards. The location and construction of guest houses shall
comply with the following standards and as such may be approved by the
Director:
a. Number. A guest houses all not be permitted on any parcel for which a
second unit has been oermitted.
b. Location. A guest house may be within, attached to, or detached from the
existing primary residence. If detached, the guest house shall be located
within the rear portion of the subject parcel.
C. Access. The location of a
five-foot wide pedestrian a
d. Site requirements. The p,
minimum area of 10,000 g
area of 8,000 square feet,
depth of 100 feet;
e. Floor area. The guest hous
the parcel is between 10,0(
greater than 20,000 square
600 square feet but shall
percent of the existing livini
smaller;
ched guest house shall provide minimum of
s to the main development;
:I proposed for a guest house shall have a
S square feet and a minimum buildable pad
minimum width of 50 feet, and a minimum
floor area shall not exceed 600 square feet if
and 20,000 gross square feet. For parcels
eet, the guest house floor area may exceed
of be greater than 900 square feet or 30
area of the primary residence, whichever is
7
f. Architectural compatibility. The architectural style of the guest house in
design features, such as but not limited to, materials, colors, roofing,
scale, surface treatments and details shall match the primary residence.
g. Setbacks. The guest Nous shall: utilize the same setback requirements
as the primary residence; not exceed one story or 15 feet in height as
measured from the natural or finished grade to the highest area of the
roofline; not exceed the maximum lot coverage permitted in the zone
where the subject lot is located; and the design of the guest house shall
not change the character of the surrounding residential neighborhood;
h. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and
water) shall be common to and dependent on the main dwelling. The
guest house shall not be pr vided with separate metered utilities;
Plumbing and electrical installations. Plumbing shall be limited to that
required for a single bathroom, water closet, lavatory, and a shower or tub.
Electrical installation shall be limited to the minimum required for heating,
light, and ventilation. Line drawings shall be submitted for approval, and
shall delineate all plumbing and electrical installations proposed in
compliance with this standar
j. Kitchens prohibited. The guest house shall not contain a kitchen or other
cooking facilities. For the purpose of this section, a kitchen or cooking
facilities are defined as to include, but not limited to, the following:
1. Cooking stove with or without an oven;
1
m
2. Hot plates;
3. Kitchen sink, cabinets and appurtenant plumbing;
4. Microwave or conve
5. All appurtenances, re
Number of bedrooms. The
bedrooms.
ovens; and.
to the above.
est house shall not contain more than two
Rental is prohibited. The guest house shall not be separately rented or
leased from the main dwelling, whether compensation is direct or indirect;
or otherwise used as a separate dwelling.
Sale or subdivision of a gue t house. The sale or subdivision of a guest
house separate from the prim ry residence shall be prohibited;
n, Covenant and Agreement.
owner of record shall sigr
form provided by the City,
maximum size of the gues
transferred or assigned sE
owner of record shall resi
shall run with the land and
Prior to the issuance of any City permits, the
and record a Covenant and Agreement, in a
Nhich shall place future buyers on notice of the
: house, that the guest house may not be sold,
�parately from the primary residence, that the
de on the property and that such restrictions
,hall be binding upon all future owners.
Section 22.42.080. Outdoor display and sales standards. of Article III, Title 22 of the
City of Diamond Bar Municipal Code is h ereby amended to read as following:
(3) Outdoor dining and seating areas. Outdoor dining and seating areas are allowed
subject to the approval of a Min r Conditional Use Permit, in compliance with
chapter 22.58 (Minor Conditional se Permits) and the following standards:
a. Alcoholic beverage sales. Areas in which alcoholic beverages will be
served shall comply with the standards established by the State
Department of Alcoholic Beverage Control, and the following standards:
1. Accessible. The dining area shall be accessible from inside the
restaurant only, un l ss the director waves this requirement in
circumstances wher this is not feasible or practical;
2. Physically defined. The dining area shall be clearly and physically
defined. It shall be clearly a part of the restaurant serves; and.
3. Supervision. The dining area shall be supervised by a restaurant
employee to ensure compliance with laws regarding on-site
consumption of alcoholic beverages.
b. Parking requirements. Outdoor dining and seating areas shall comply with
the following off-street parking requirements:
Parking calculations. Off-street parking requirements shall be
calculated in compliance with chapter 22.30 (Off -Street Parking and
Loading Standards). The director may reduce or waive parking
requirements for outd or dining areas less than 400 square feet in
area that are operated on a seasonal basis; and
2. Additional off-street parking. Outdoor dining areas that are not part
of a specific restaurant, but are used in common with several
restaurants or tenants within a commercial center, shall not be
required to provide additional off-street parking for these common
outdoor areas.
C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or
seating in common, shall provide adequate cleanup facilities, and
associated procedures, in the following manner:
9
1. Cleaning schedule.
continual basis for rE
a nuisance to public
Outdoor dining areas shall be cleaned on a
moval of litter and food items which constitute
iealth and safety; and
2. Waste receptacles. Outdoor dining areas shall contain waste
receptacles for use by the public and/or restaurant employees.
d. Design compatibility. Outdoor dining and seating areas are subject to
compatibility with surrounding uses and a high standard of design quality,
the following standards shall be implemented:
1. Compatible elements. Outdoor dining and seating areas and
associated structur 1 elements, awnings, covers, furniture,
umbrellas or other physical elements which are visible from the
public rights-of-way, shall be compatible with the overall design of
the main structure(s);
2. Entertainment. Outdoor dining and seating areas that provide
dancing, entertainment or amplified music shall require the
preparation of a noise analysis with appropriate mitigation
measures to ensur that noise levels will not exceed those
specified in chapter 2 .28 (Noise Control);
3. Pedestrian experience. The use of awnings, plants, umbrellas and
other human scale elements is encouraged to enhance the
pedestrian experience;
4. Potential impacts. Outdoor dining and seating areas and their
relation to churches, hospitals, public schools and residential uses
shall be considered by the review authority. Proper mitigation
measures shall be applied to eliminate potential impacts related to
glare, light, loitering a d noise;
5. Obstructions. Outdoor dining and seating areas shall not obstruct
vehicular or pedestrian traffic flow and not necessitate the removal
of existing pedestrian or vehicular movement areas;
6. Separation requirements, Outdoor dining and seating areas shall
be separated from residential uses, at a minimum distance of 200
feet, except in mixed-use projects;
7. Setbacks. Outdoor dining and seating areas shall be set back a
minimum of five feet frc m property lines or parking lots and shall not
encroach on to the pub is right-of-way.
8. Waste receptacles. Waste receptacles shall be provided in outside
seating areas, where and when appropriate.
10
a
Americans With Disabilities Act. Outdoor dining shall meet ADA
requirements.
e. One year review required. Minor Conditional use permits for outdoor
dining and seating areas are subject to review after one year, at which
time the director shall conduct a study to determine if adverse impacts
have resulted from the use. If none are found, then a permanent
conditional use permit may be granted.
The Director may wave
outdoor dining in connec
outdoor dining does not e
development standards in
and sales standards)
oeciron ZZAO.U4U. Findincis and decisi
City of Diamond Bar Municipal Code is
e Minor Conditional Use Permit process for
n with an existing approved restaurant if the
eed occupancy of eight patrons and meets the
is section (Section 22.42.080. Outdoor display
of Article iV, Title 22 of the
reby amended to read as following:
A development review application shall be reviewed by the applicable review authority
identified in section 22.48.050 (Responsibility for development review), below and shall
not be approved, with or without condition, unless all of the following findings are made:
Section 22.50.060. Action by the director. of Article 1V, Title 22 of the
City of Diamond Bar Municipal Code is h reby amended to read as following:
A temporary use permit may be approved, modified, conditioned, or disapproved by the
director, without the requirement fora roticed public hearing. The director shall not
approve, modified, or conditionally approved a temporary use permit application, for up
to one year, unless all of the following finc Ings can be made:
Section 22.52.040. Action by the director. of Article 1V, Title 22 of the
City of Diamond Bar Municipal Code is he eby amended to read as following:
The director, without the requirement for a noticed public hearing, shall record the
decision in writing with the findings on which the decision is based, in compliance with
state law, or may refer the application to the commission. A minor variance application
shall not be approved, modified, conditioned, or disapproved by the director unless all
the following findings can be made:
Section 22.54.040. Findings and decision. of Article IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended to read as following:
Following a public hearing, the commiss on shall record the decision in writing with
findings on which the decision is based, in compliance with state law. The commission
shall not approve a variance application with or without conditions unless all of the
following findings can be made:
Section 22.56.040. Findings and decisio . of Article IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended to read as following:
Following a public hearing, the hearing officer shall record the decision in writing with
the findings on which the decision is based, or may refer the application to the
commission. The minor conditional use permit application shall not be approved, with
or without conditions, unless all of the following findings can be made:
Section 22.58.040. Findings and decisio . of Article.IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended to read as following:
Following a public hearing, the commiss on shall record the decision in writing with the
findings on which the decision is based. The conditional use permit application shall not
be approved, with or without conditions, unless all of the following findings can be
made:
Subsection b of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(b) Definitions, "B". The following definitions are in alphabetical order:
Basement. Habitable and Non -h bitable space within a structure where less
than one-half of the distance from its floor to ceiling is below grade. A basement
shall be considered a story.
Subsection c of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond 3ar Municipal Code is hereby amended to
read as following:
(c) Definitions, "C". The following definitions are in alphabetical order:
Cellar. Non -habitable space withiiti a structure where one-half or more of the
distance from its floor to ceiling is below grade. A cellar shall be considered a
story.
Subsection of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(g) Definitions, "G. The following definitions are in alphabetical order:
Guest house. A detached or att ched structure of 300 square feet or more,
accessory to a single-family dwellin, accommodating living/sleeping quarter, but
without kitchen or cooking facilities. (Refer to Section 22.42.060.)
12
Subsection N of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as follows:
(h) Definitions, "H". The following definitions are in alphabetical order:
Holiday. Any officially recognize
day may involve the cessat
commemoration or celebration
includes, but is not limited to N
Day, St. Patrick's Day, Easter,
Halloween, Thanksgiving Day, V
or declared federal, state, or local day. Such a
i of general commercial activities or the
a particular event or occasion. A "Holiday"
v Year's Day. St. Valentines Day, President's
lemorial Day, Independence Day, Labor Day,
eran's Day, and Christmas Day.
Holiday Decorations and Lights. Any form of temporary decorations (including
without limitation, strings, streamers and balloons), and any devices, light fixtures
or objects, materials, or signs not containing commercial speech or combination
thereof, that are displayed, or that reasonably appear to be displayed, in
connection with a holiday, and that are viewable from public or neighboring
private property.
Subsections of Section 22.80.010. Definition of s ecialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(s) Definitions, "S". The following definitions are in alphabetical order:
School. An institution of earning, whether public or private that offers
instruction, training, testing, apprenticeship, tutoring, exam preparation,
educational guidance, cou seling and evaluation. Learning may be occur
at training facilities, educational institutions, and through correspondence,
television, Internet, or other means such as:
Boarding schools
Business, secretarial, and
Community colleges, collet
Elementary, middle, and ju
Establishments providing c
High schools
Military academies
Professional schools (law,
Seminaries/religious minist
Also includes specialized non-degr
Art studio
Ballet and other dance studi
Computers and electronics
Drama studio
Drivers' education
3cational schools
:s and universities
for high schools
urses by mail or Internet
edicine, etc.)
training facilities
grant schools offering instructions in:
13
Language
Martial arts studio
Math
Music
Science
Tutorial services
Second unit. A second permanf
primary residence on the sam
independent living facilities for
provisions for living, sleeping, eati
nt unit, or "granny flat", that is accessory to a
site. A second unit provides complete,
one or more persons, including permanent
ig, cooking, sanitation, and parking.
Subsection t of Section 22.80.010. Definition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(t) Definitions, 'T°. The following definitions are in alphabetical order:
Tutorial services. A type of
instructions to persons generally i
more that two students per one
Tutorial services, not in a classro,
instructing, tutoring, educational
typically do not stay more than tw(
)usiness designed to provide individualized
i fields of general education or the arts with no
nstructor on the premises at the same time.
,m setting, shall include, but are not limited to,
counseling, testing, training, etc. Students
hours.
14
PLANNING COMMISSION
RESOLUTION NO. 2005-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT
NO. 2005-02.
A. RECITALS
1. The City of Diamond Bar has initiated an application for Development
Code Amendment No. 20015-01. Hereinafter in this Resolution, the subject
Development Code Amendment shall be referred to as the "Application."
2. The Community and Development Services Department has determined
that the following modifications to the Development Code are necessary in
order to further implement the City General Plan.
ARTICLE II
CHAPTER 22.08/RESIDENTIAL ZONING DISTRICTS.
Section 22.08.030. Residential zoning district land uses and permit
requirements - Table 2-3
CHAPTER 22.10/COMMERCIAL/INDUSTRIAL ZONING DISTRICTS.
Section 22.10.030. Commercial/Industrial district land uses and permit
requirements - Table 2-5 and Table 2-6
ARTICLE III
CHAPTER 22.16./GENERAL PROPERTY DEVELOPMENT AND LAND USE
STANDARDS
Section 22.16.140. Second kitchen
CHAPTER 22.30./OFF-STREET PARKING AND LOADING STANDARDS
Section 22.30.040. Numbed of parking spaces required.- Table 3-10
CHAPTER 22.34./PROPER
Section 22.34.030. Single-
Section 22.34.040. Multi-f
Section 22.34.050. Com
Section 22.34.060. Indus
,TY MAINTENANCE STANDARDS
Family standards
imily standards
ercial standards
rial standards
CHAPTER 22.42./STANDA
Section 22.42.120. Secon
Section 22.42.060. Guest h
RDS FOR SPECIFIC LAND USES
ary housing units
ouses
Section 22.42.080. Outdod
3.
display and sales standards.
CHAPTER 22.48./DEVELOPMENT REVIEW
ARTICLE IV
Section 22.48.040. Finding:
CHAPTER 22.50./TEMPOF
Section 22.50.060. Action b
CHAPTER 22.52./MINOR'
Section 22.52.040. Finding
CHAPTER 22.54.NARIAN
Section 22.54.040. Finding
and decisions.
AARY USE PERMITS
y the director.
ARIANCES
and decision.
E
and decision.
CHAPTER 22.56./MINOR CONDITIONAL USE PERMIT
Section 22.56.040. Finding0 and decision.
CHAPTER 22.58./CONDITIbNAL USE PERMIT
Section 22.58.040. Findings and decision.
ARTICLE VI
CHAPTER 22.80./DEFINITI DNS
Section 22.80.010. Definitio of specialized terms and phrases.
On February 11, 2005, notice for this project was published in the Inland
Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning
and Zoning Law Government Code Section 65091 (a)(3), if the number of
property owners to whom a public hearing notice would be mailed is
greater than 1,000, a local agency may provide notice by placing a display
advertisement of at least ne-eight page in at least one newspaper of
general circulation. Th City placed a one -.eight page display
advertisement in the above mentioned newspapers of general circulation.
Furthermore, on February 1, 2005, public notices were posted in nine
public places (City Hall/S uth Coast Air Quality Management District,
Diamond Bar Library, Country Hills Town Center Community Board,
Vons/Say-On Community B ard, Ralph's shopping center - Diamond Bar
Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond
Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard -
Albertson's and Heritage Pak).
4. On February 22, 2005, the Planning Commission of the City of Diamond
Bar conducted and concl ded a duly noticed public hearing on the
Application.
2
5. On February 22, 2005, the
of public testimony, staff ar
determined that Developrr
hereto as Exhibit "A" imple
the General Plan.
B. RESOLUTION
NOW, THEREFORE, it is foun
Planning Commission, after due consideration
alysis and the Commission's deliberations, has
ent Code Amendment No. 2005-02 attached
ments the Goals, Objectives and Strategies of
m
, 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 project identified above in
this Resolution, pursuant t the provisions of the California Environmental
Quality Act (CEQA), Section 15162 (a) of Article 5 of the California Code
Of Regulations and guidelines promulgated there under, is consistent with
the previously adopted Negative Declaration No. 97-03 for the City's
Development Code. Therefore, no subsequent Negative Declaration or
Mitigated Negative Declaration is required to be prepared.
3. The Planning Commission
having considered the rec
below, and changes and
and conditioned upon the
there is no evidence bef
proposed herein will have
resources or the habitat u
substantial evidence, thi
presumption of adverse of
of the California Code of R
hereby specifically finds and determines that,
rd as a whole including the findings set forth
Iterations which have been incorporated into
proposed project set forth in the application,
re this Planning Commission that the project
the potential of an adverse effect on wild life
pon which the wildlife depends. Based upon
Planning Commission hereby rebuts the
'ects contained in Section 753.5 (d) of Title 14
—gulations.
2. Based on the findings a rd conclusions set forth above, the Planning
Commission hereby recommends that the City Council adopt
Development Code Amendment No. 2005-02 attached hereto as
Exhibit "A" and incorporate herein by reference.
The Planning Commission shall:
(a) Certify to the adopti n of this Resolution; and
(b) Forthwith transmit certified copy of this Resolution to the City
Council forthwith.
APPROVED AND ADOPT
PLANNING COMMISSION OF THE CIT
I, James DeStefano, Planning Commi
foregoing Resolution was duly introdu
Commission of the City of Diamond
Commission held on the 22nd day of Feb
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners: N
D THIS 22ND OF FEBRUARY 2005, BY THE
OF DIAMOND BAR.
sion Secretary, do hereby certify that the
ed, passed, and adopted by the Planning
ar, at a regular meeting of the Planning
uary 2005, by the following vote:
cManus, V/C Tanaka, Low, Tye, Chair Nolan
one
one
DEVELOPMENT COD AMENDMENT NO. 2005-02
EX IBIT "A"
Section 22.08.030. Table 2-3, Resid ntial zoning district land uses and permit
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS
Land Uses(1) RR RLI RLM RM RMH RH See standards in
section:
RESIDENTIAL USES
Second units P P 22.42.120
Guest house P P 22.42.60
Section 22.10.030.Table 2-5, Comme cial/Industrial district land uses and permit
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
Land Uses(1) OP OB (3) CO See standards in section:
RETAIL TRADE USES
Restaurant with outdoor dining MCUP MCUP MCUP 22.16.070, 22.42.080
Section 22.10.030.Table 2-6, Commercial/Industrial district land uses and permit
requirements. of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby
amended to read as follows:
T BLE 2-6
ALLOWED USES AND PERMIT REQUIREI\ENTS FOR COMMERCIAL/INDUSTRIAL ZONING
DISTRICTS
Land Uses(1) C-1 C-2 C-3 I See standards
in section:
RETAIL TRADE USES
Retail sales CUP
Restaurant with outdoor dining MCUP MCUP MCUP 22.16.070,
22.42.080
(Modifications to Table 2-6 continued below)
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING
DISTRICTS
Land Uses(1) C-1 C-2 C-3 I See standards in
section:
RECREATIONAL, EDUCATION & PUBLIC ASS MBLY USES
Schools -Private CUP CUP
Schools - Public P P
Schools - Specialized education
CUP CUP CUP
and training and non -degree
Studios - photograph, portrait, etc. CUP CUP
Section 22.16.140. Second kitchen. of Article III, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended by adding the following and adding this section
number to the Table of Contents:
Second kitchens shall be permitted with n the Rural Residential (RR) zone in single-
family residences that are a minimum o 6,000 square feet in floor area. A second
kitchen shall not constitute approval of a second unit and such kitchen shall not be so
located as to facilitate the establishment f the second independent dwelling including a
servant's quarters.
Section 22.30.040 -Table 3-10, Number o
p
arking spaces required. of Article III, Title 22
of the City of Diamond Bar Municipal Code is hereby amended by adding the following
land use and parking requirement:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
Recreation, education, public assembl :
Studios for art, dance and martial arts 1 space for each 150 sq. ft. of gross floor area and 1
s ace for each employee
Section 22.30.040 .Table 3-10, Number of—parking spaces required. of Article III, Title 22
of the City of Diamond Bar Municipal Cod is hereby amended by deleting the following
land use (Group Quarters) and parking requirement:
TAB E 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type
Residential Uses:
rVehide Spaces Required
Section 22.34. 030,.Single-family standard. of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended by adding the following to read as:
2
(g) Display of holiday decorations an
(1)
(2) Holiday decorations or lig
(3)
(4) It shall be a public nuisa
lights to be displayed on private property except at permissible times as
stated in this subsection.
Section 22.34. 040,.Multi-family standards. of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended
Excepting Christmas, no holiday decorations or lights shall be displayed
following a holiday.
on private property earlier
private property stating
therefrom by January 15.
and be subject to that chap
commercial speech, in wh
regulations of Chapter 2
The display of Holiday de
stated in this subsection,
lights.
A
han 14 days prior to a holiday or after 14 days
is celebrating Christmas may be displayed on
ovember 15 and shall be entirely removed
orations or lights during permissible times, as
shall be exempt from the requirements and
.26. - Sign Standards, unless they contain
ch case they shall constitute temporary signs
:er.
ce and unlawful for holiday decorations and
y adding the following to read as:
11
(i) Display of holiday decorations andl lights.
(1)
Excepting Christmas, no h
on private property earlier t
following a holiday.
liday decorations or lights shall be displayed
an 14 days prior to a holiday or after 14 days
(2) Holiday decorations or ligh
private property stating N
therefrom by January 15.
(3)
m
celebrating Christmas may be displayed on
vember 15 and shall be entirely removed
0
The display of Holiday dec
stated in this subsection,
regulations of Chapter 22.
commercial speech, in whic
and be subject to that chapt(
rations or lights during permissible times, as
;hall be exempt from the requirements and
26. - Sign Standards, unless they contain
h case they shall constitute temporary signs
—r.
(4) It shall be a public nuisance and unlawful for holiday decorations and
lights to be displayed on prvate property except at permissible times as
stated in this subsection.
Section 22.34. 050 .Commercial standard . of Article III, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended b adding the following to read as:
(h) Display of holiday decorations and Rights.
13
(1) Excepting Christmas, no holiday decorations or lights shall be displayed
on private property earlier t an 14 days prior to a holiday or after 14 days
following a holiday.
(2) Holiday decorations or ligh
private property stating N
therefrom by January 15.
(3)
The display of Holiday dec
stated in this subsection,
regulations of Chapter 22
commercial speech, in whip
and be subject to that chapt
(4) It shall be a public nuisan
Prior to the installation of he
obtained from the Building a
lights to be displayed on private property except at permissible times as
stated in this subsection.
(5)
Section 22.34. 060,.Industrial standards.
Bar Municipal Code is hereby amended by
(h) Display of holiday decorations and
(1)
(2)
(3)
(4)
Excepting Christmas, no ho
on private property earlier th
following a holiday.
s celebrating Christmas may be displayed on
)vember 15 and shall be entirely removed
orations or lights during permissible times, as
shall be exempt from the requirements and
26. - Sign Standards, unless they contain
:h case they shall constitute temporary signs
:r.
e and unlawful for holiday decorations and
liday decorations and lights, a permit shall be
id Safety Division.
of Article III, Title 22 of the City of Diamond
adding the following to read as:
ghts.
day decorations or lights shall be displayed
in 14 days prior to a holiday or after 14 days
Holiday decorations or lights
private property stating No
therefrom by January 15.
The display of Holiday deco
stated in this subsection, s
regulations of Chapter 22.E
commercial speech, in whicl
and be subject to that chapte
It shall be a public nuisanc
lights to be displayed on pri'
stated in this subsection.
(5) Prior to the installation of holi
obtained from the Building an
celebrating Christmas may be displayed on
ember 15 and shall be entirely removed
ations or lights during permissible times, as
call be exempt from the requirements and
6. - Sign Standards, unless they contain
i case they shall constitute temporary signs
and unlawful for holiday decorations and
ate property except at permissible times as
0
ay decorations and lights, a permit shall be
Safety Division.
d
Section 22.42. 120,.Second units. of
Municipal Code is hereby amended to re
The purpose of this section is to implem
residential zones and to ensure that th
neighborhood by overcrowding of str
community facilities and downgrading t
provides standards for the establishment
(1)
Second units shall be allowed
22.08.030 (Residential district Ian
approval of the Director.
(2) Number of units allowed. Only
single-family parcel. A single -fa
second unit and guest house.
(3)
Site requirements. The parcel pr
the following requirements:
rticle III, Title 22 of the City of Diamond Bar
d as following:
nt State law and permit second units in certain
second unit does not degrade the residential
ets, utilities, parks, open spaces and other
e living environment in the City. This section
of second units
in the zoning districts specified in Section
uses and permit requirements) subject to the
ne second unit shall be allowed on a legal
ly parcel shall not be allowed to have both
posed for a second unit shall comply with all
imum area of 10,000 gross square feet and a
of 8,000 square feet, a minimum width of 50
100 feet; and
feet and a minimum depth o
minimum buildable pad are
a. The parcel shall have a mi
b.
the satisfaction of the City p
residence or the second u
primary residence. The o
The parcel shall be devel
ped with not more than one single-family
ner of the parcel must live in the primary
it, and shall demonstrate such occupancy to
for to issuance of permits.
(4) Location of second unit. A secon unit may be within, attached to, or detached
from the existing primary residenc . If detached, the second unit shall be located
within the rear portion of the subect parcel and shall be separated from the
primary residence a minimum of 0 feet. If attached to or within the primary
residence, a separated entrances all be provided and said entrance shall not be
located on the front of the prima residential structure or facing the street on
which the primary residence fronts.
Design standards. A second unit shall:
(5)
a. Not exceed 600 gross square feet in floor area if the parcel has these
dimensions:
Gross square feet 10,000 to 20,000
Buildable pad area 8,000 square feet
Minimum width 50 feet
Minimum depth 100 feet
b. Not exceed 1,200 square
20,000 gross square feet
pad area.
feet in gross floor area if the parcel is over
with a minimum 10,000 square foot buildable
c. Match the architectural stye of the primary residence in design features,
such as but not limited
treatments and details;
d. Utilize the same setback
exceed one story or 15 fe
finished grade to highest ar
coverage permitted in the
design of the second ur
surrounding residential neig
o, materials, colors, roofing, scale, surface
requirements as the primary residence; not
at in height as measured from the natural of
as of the roofline; not exceed the maximum lot
one where the subject lot is located; and the
it shall not change the character of the
iborhood;
e. Contain separate kitchen
entrance from the primary r
f. Contain no more than two b
nd bathroom facilities and have a separate
sidence; and
drooms.
ace shall be provided for the second unit, in
g parking provided for the primary residence.
ssible from the existing driveway approach.
I to accommodate the one off-street parking
.30.080.- Driveways and site access.
(6) Parking. One off-street parking sl
addition to the required and existir
Said parking space shall be accr
Existing driveway may be widene
space pursuant to Code Section 22C
(7)
Rental of second units. A second unit may be rented, although rental is not
required.
(8) Sale or subdivision of a second unit. The sale or subdivision of a second unit
separate from the primary resident shall be prohibited.
(9)
Utilities. Utilities serving the secon unit (e.g., electricity, gas, sewer, and water)
shall be common to and depende ton the primary residence. The second unit
shall not be provided with separat metered utilities. Furthermore and prior to
the issuance of any City permit , the property owner shall submit written
certification from the affected wate and sewer district that adequate water and
sewer facilities are or will be avail ble to serve the proposed second unit. For
units using septic facilities allowe by the California Regional Water Quality
Control Board and the City, wrtten certification of acceptability shall be
submitted.
(10) Covenant and Agreement. Prior to 1
record shall sign and record a Covi
the City, which shall place future b
second unit, the required amount
second unit, that the second unit
separately from the primary resider
he issuance of any City permits, the owner of
arrant and Agreement, in a form provided by
uyers on notice of the maximum size of the
of off street parking to be provided for the
may not be sold, transferred or assigned
ice, that the owner of record shall reside on
6
the property and that such rest
upon all future owners.
(11) Second kitchens shall be permi
single-family residences that are
second kitchen shall not constitut
kitchen shall not be so located
independent dwelling including a
Section 22.42.060. Guest houses. of Arti
Municipal Code is hereby amended to re
This section establishes standard for th
zoning districts where guest houses ar
Districts and Allowable Land Uses), and
all of the following standards are met:
(1)
premises with the primary reside
premises, and shall not be rented
area, and bathroom, is intended
detached or attached residentia
Intended use. A guest house,
(2) Development standards. The to
comply with the following stand
Director:
a. Number. A guest house s
second unit has been permi
b.
.C.
d.
e.
within the rear portion of the
Location. A guest house m
existing primary residence.
ictions shall run with the land and be binding
ed within the Rural Residential (RR) zone in
minimum of 6,000 square feet in floor area. A
approval of a second residential unit and such
s to facilitate the establishment of the second
ervant's quarters.
le III, Title 22 of the City of Diamond Bar
d as following
development and operation of guest houses in
allowed in compliance with Article II (Zoning
subject to the approval of the Director provided
hich may include only a sleeping area, living
to provide temporary living quarters within a
accessory structure, located on the same
ce, for use by guests of the occupants of the
r otherwise used as a separate dwelling.
ation and construction of guest houses shall
rds and as such may be approved by the
all not be permitted on any parcel for which a
ed.
y be within, attached to, or detached from the
If detached, the guest house shall be located
subject parcel.
tached guest house shall provide minimum of
five-foot wide pedestrian access to the main development;
Access. The location of a d
Site requirements. The pa
minimum area of 10,000 gr
area of 8,000 square feet,
depth of 100 feet;
600 square feet but shall
percent of the existing livin
smaller;
the parcel is between 10,00
greater than 20,000 square
Floor area. The guest hous
cel proposed for a guest house shall have a
ss square feet and a minimum buildable pad
minimum width of 50 feet, and a minimum
floor area shall not exceed 600 square feet if
and 20,000 gross square feet. For parcels
eet, the guest house floor area may exceed
of be greater than 900 square feet or 30
area of the primary residence, whichever is
f.
9.
Architectural compatibility.
design features, such as
scale, surface treatments a
The architectural style of the guest house in
but not limited to, materials, colors, roofing,
id details shall match the primary residence.
Setbacks. The guest hous shall: utilize the same setback requirements
as the primary residence; hof exceed one story or 15 feet in height as
measured from the natural or finished grade to the highest area of the
roofline; not exceed the maximum lot coverage permitted in the zone
where the subject lot is loc ted; and the design of the guest house shall
not change the character of the surrounding residential neighborhood;
h. Utilities. Utilities serving th guest house (e.g., electricity, gas, sewer, and
water) shall be common t and dependent on the main dwelling. The
guest house shall not be pr vided with separate metered utilities;
Plumbing and electrical installations. Plumbing shall be limited to that
required for a single bath roo , water closet, lavatory, and a shower or tub.
Electrical installation shall b limited to the minimum required for heating,
light, and ventilation. Line rawings shall be submitted for approval, and
shall delineate all plumbi g and electrical installations proposed in
compliance with this standar ;
Kitchens prohibited. The gust house shall not contain a kitchen or other
cooking facilities. For the urpose of this section, a kitchen or cooking
facilities are defined as to in Jude, but not limited to, the following:
1. Cooking stove with or ithout an oven;
2. Hot plates;
3. Kitchen sink, cabinets and appurtenant plumbing;
4. Microwave or convecti n ovens; and.
5. All appurtenances, related to the above.
k. Number of bedrooms. The *uest house shall not contain more than two
bedrooms.
Rental is prohibited. The guest house shall not be separately rented or
leased from the main dwelling, whether compensation is direct or indirect;
or otherwise used as a separ to dwelling.
M. Sale or subdivision of a guest house. The sale or subdivision of a guest
house separate from the primary residence shall be prohibited;
n. Covenant and Agreement.
owner of record shall res
shall run with the land and
transferred or assigned s
maximum size of the gues
owner of record shall sig
form provided by the City,
Prior to the issuance of any City permits, the
and record a Covenant and Agreement, in a
hich shall place future buyers on notice of the
house, that the guest house may not be sold,
parately from the primary residence, that the
de on the property and that such restrictions
hall be binding upon all future owners.
Section 22.42.080. Outdoor display and
City of Diamond Bar Municipal Code is h
(3)
circumstances wher
restaurant only, unl
1. Accessible. The di
defined. It shall be c
2. Physically defined.
Supervision. The di
employee to ensur
consumption of alcoh
1.
Outdoor dining and seating areas are allowed
r Conditional Use Permit, in compliance with
se Permits) and the following standards:
Areas in which alcoholic beverages will be
standards established by the State
erage Control, and the following standards:
ing area shall be accessible from inside the
ss the director waves this requirement in
this is not feasible or practical;
he dining area shall be clearly and physically
any a part of the restaurant serves; and.
ing area shall be supervised by a restaurant
compliance with laws regarding on-site
lic beverages.
or dining and seating areas shall comply with
g requirements:
Parking calculations.
calculated in complia
Loading Standards).
requirements for outd
area that are operate
2.
Additional off-street p
of a specific restaur
Off-street parking requirements shall be
ce with chapter 22.30 (Off -Street Parking and
The director may reduce or waive parking
or dining areas less than 400 square feet in
on a seasonal basis; and
rking. Outdoor dining areas that are not part
nt, but are used in common with several
within a commercial center, shall not be
restaurants or tenant
required to provide a
outdoor areas.
ales standards. of Article III, Title 22 of the
reby amended to read as following:
Outdoor dining and seating areas.
chapter 22.58 (Minor Conditional
subject to the approval of a Min
Department of Alcoholic Be
a. Alcoholic beverage sales.
served shall comply with th
b. Parking requirements. Outd
the following off-street park!
G.
seating in common, shall
associated procedures, in th
Cleanup facilities. Outdoor
ditional off-street parking for these common
ining areas, whether part of a restaurant or
provide adequate cleanup facilities, and
following manner:
1. Cleaning schedule. Outdoor dining areas shall be cleaned on a
continual basis for removal of litter and food items which constitute
a nuisance to public health and safety; and
d.
2.
Outdoor dining areas shall contain waste
y the public and/or restaurant employees.
Design compatibility. Outd
compatibility with surrounds
the following standards shall
1 Compatible element
associated structun
umbrellas or other r
public rights-of-way,
the main structure(s);
2. Entertainment. Outd
dancing, entertainm
preparation of a i
measures to ensur
specified in chapter 2
3. Pedestrian experienc
other human scale
pedestrian experienc(
5. Obstructions. Outdoo
vehicular or pedestria
of existing pedestrian
or dining and seating areas that provide
ant or amplified music shall require the
oise analysis with appropriate mitigation
that noise levels will not exceed those
?.28 (Noise Control);
e
The use of awnings, plants, umbrellas and
elements is encouraged to enhance the
rtdoor dining and seating areas and their
iospitals, public schools and residential uses
by the review authority. Proper mitigation
)lied to eliminate potential impacts related to
d noise;
dining and seating areas shall not obstruct
traffic flow and not necessitate the removal
r vehicular movement areas;
ID
6. Separation requireme ts. Outdoor dining and seating areas shall
be separated from residential uses, at a minimum distance of 200
feet, except in mixed -u a projects;
7. Setbacks. Outdoor dirtying and seating areas shall be set back a
minimum of five feet from property lines or parking lots and shall not
encroach on to the pubic right-of-way.
8. Waste receptacles. Waste receptacles shall be provided in outside
seating areas, where and when appropriate.
Waste receptacles.
receptacles for use I
Potential impacts. 0
relation to churches, I
shall be considered
measures shall be ap
glare, light, loitering ar
or dining and seating areas are subject to
g uses and a high standard of design quality,
be implemented:
'. Outdoor dining and seating areas and
it elements, awnings, covers, furniture,
hysical elements which are visible from the
'hall be compatible with the overall design of
0
9. Americans With D
requirements.
e. One year review require
dining and seating areas
time the director shall co
have resulted from the
conditional use permit ma
The Director may wave t
outdoor dining in connecti
outdoor dining does not ex
development standards in
and sales standards)
abilities Act. Outdoor dining shall meet ADA
. Minor Conditional use permits for outdoor
are subject to review after one year, at which
duct a study to determine if adverse impacts
use. If none are found, then a permanent
be granted.
e Minor Conditional Use Permit process for
n with an existing approved restaurant if the
eed occupancy of eight patrons and meets the
s section (Section 22.42.080. Outdoor display
Section 22.48.040. Findings and decisions of Article IV, Title 22 of the
City of Diamond Bar Municipal Code is h reby amended to read as following:
A development review application shall be reviewed by the applicable review authority
identified in section 22.48.050 (Responsibility for development review), below and shall
not be approved, with or without conditio , unless all of the following findings are made:
Section 22.50.060. Action by the director. of Article IV, Title 22 of the
City of Diamond Bar Municipal Code is h
A temporary use permit may be approve
director, without the requirement for a
approve, modified, or conditionally appro
to one year, unless all of the following fin
reby amended to read as following:
, modified, conditioned, or disapproved by the
oticed public hearing. The director shall not
ed a temporary use permit application, for up
ings can be made:
Section 22.52.040. Action by the director. of Article IV, Title 22 of the
City of Diamond Bar Municipal Code is hereby amended to read as following:
The director, without the requirement f
decision in writing with the findings on w
state law, or may refer the application to
shall not be approved, modified, conditio
the following findings can be made:
r a noticed public hearing, shall record the
ich the decision is based, in compliance with
he commission. A minor variance application
ed, or disapproved by the director unless all
Section 22.54.040. Findings and decision.
Bar Municipal Code is hereby amended to
of Article IV, Title 22 of the City of Diamond
read as following:
Following a public hearing, the commiss on shall record the decision in writing with
findings on which the decision is based, i compliance with state law. The commission
shall not approve a variance application with or without conditions unless all of the
following findings can be made:
11
Section 22.56.040. Findings and decisio of Article IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended o read as following:
Following a public hearing, the hearing officer shall record the decision in writing with
the findings on which the decision is based, or may refer the application to the
commission. The minor conditional use permit application shall not be approved, with
or without conditions, unless all of the fol owing findings can be made:
Section 22.58.040. Findings and decision. of Article.IV, Title 22 of the City of Diamond
Bar Municipal Code is hereby amended t
Following a public hearing, the commiss
findings on which the decision is based.
be approved, with or without condition:
made:
Subsection (b) of Section 22.80.010. Defi
Article VI, Title 22 of the City of Diamond
read as following:
(b) Definitions, "B". The following defi
Basement. Habitable and Non -h
read as following:
on shall record the decision in writing with the
The conditional use permit application shall not
unless all of the following findings can be
ition of specialized terms and phrases. of
ar Municipal Code is hereby amended to
itions are in alphabetical order:
bitable space within a structure where less
than one-half of the distance from its floor to ceiling is below grade. A basement
shall be considered a story.
Subsection (c) of Section 22.80.010. Defi
Article VI, Title 22 of the City of Diamond
read as following:
(c) Definitions, "C". The following defi
Cellar. Non -habitable space withi
ition of specialized terms and phrases. of
tar Municipal Code is hereby amended to
itions are in alphabetical order:
a structure where one-half or more of the
distance from its floor to ceiling islbelow grade. A cellar shall be considered a
story.
Subsection (g) of Section 22.80.010. Defi
Article VI, Title 22 of the City of Diamond
read as following:
ition of specialized terms and phrases. of
gar Municipal Code is hereby amended to
(g) Definitions, "G". The following definitions are in alphabetical order:
Guest house. A detached or att6
accessory to a single-family dwellin
without kitchen or cooking facilities.
ched structure of 300 square feet or more,
3, accommodating living/sleeping quarter, but
(Refer to Section 22.42.060.)
12
Subsection (h) of Section 22.80.010. DE
Article VI, Title 22 of the City of Diamon
read as follows:
inition of specialized terms and phrases. of
Bar Municipal Code is hereby amended to
m
(h) Definitions, "H". The following definitions are in alphabetical order:
Holiday. Any officially recognize
day may involve the cessati
commemoration or celebration
includes, but is not limited to N
Day, St. Patrick's Day, Easter,
Halloween, Thanksgiving Day, V
or declared federal, state, or local day. Such a
in of general commercial activities or the
f a particular event or occasion. A "Holiday"
w Year's Day. St. Valentines Day, President's
Memorial Day, Independence Day, Labor Day,
teran's Day, and Christmas Day.
Holiday Decorations and Lights.
without limitation, strings, stream(
or objects, materials, or signs no
thereof, that are displayed, or
connection with a holiday, and
private property.
Any form of temporary decorations (including
rs and balloons), and any devices, light fixtures
containing commercial speech or combination
that reasonably appear to be displayed, in
that are viewable from public or neighboring
Subsections of Section 22.80.010. Definition of s ecialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(s) Definitions, "S". The following def
School. An institution of
instruction, training, testing
educational guidance, coup
at training facilities, educati
television, Internet, or other
nitions are in alphabetical order:
earning, whether public or private that offers
, apprenticeship, tutoring, exam preparation,
seling and evaluation. Learning may be occur
onal institutions, and through correspondence,
means such as:
. Boarding schools
Business, secretarial, and v
Community colleges, colleg
Elementary, middle, and ju
Establishments providing c
High schools
Military academies
Dcational schools
s and universities
for high schools
urses by mail or Internet
Professional schools (law, medicine, etc.)
Seminaries/religious minist
Also includes specialized non -deg
Art studio
Ballet and other dance studi
Computers and electronics
Drama studio
Drivers' education
training facilities
e grant schools offering instructions in:
S
13
Language
Martial arts studio
Math
Music
Science
Tutorial services
Second unit. A second perman
primary residence on the sam
independent living facilities for
provisions for living, sleeping, eati
nt unit, or "granny flat", that is accessory to a
site. A second unit provides complete,
one or more persons, including permanent
ig, cooking, sanitation, and parking.
Subsection (t) of Section 22.80.010. Defi ition of specialized terms and phrases. of
Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to
read as following:
(t) Definitions, "T". The following defi
Tutorial services. A type of
instructions to persons generally i
more that two students per one
Tutorial services, not in a classro
instructing, tutoring, educational
typically do not stay more than tw
itions are in alphabetical order:
Business designed to provide individualized
fields of general education or the arts with no
nstructor on the premises at the same time.
m setting, shall include, but are not limited to,
,ounseling, testing, training, etc. Students
hours.
14
