HomeMy WebLinkAbout08/12/19976:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Joe Ruzicka
Don Schad
Franklin Fong
Mike Goldenberg
Joe McManus
Copies of staff reports or other written documentation relating to agenda items are on file in the Community
Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection.
If you have questions regarding an agenda item, please call (909) 396 5676 during regular business hours.
In an effort to. comply with the requirements of Title Il of the Americans with Disabilities Act of 1990, the
City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accomodation(s) in order to communicate at a City public meeting must inform the Community
Development Department at (909) 396 5676 a minimum of 72 hours prior to the scheduled meeting.
P:41 UKAGE"kOM
Pease refrain from smoking, eating or drinking The City of Diamond Bar uses recycled paper
z;s in the Auditorium and encourages you to do the same.
CITY OF DIAMOND B'
PLANNING CONMUSSION AGENDA
Tuesday, August 12, 1997
Next Resolution No. 97-11
CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice Chairman
Don Schad, Mike Goldenberg, Franklin Fong, and Joe
McManus
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity to
speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the
recording Secretary (Completion of this form is voluntary) There is a five minute maximum
time limit when addressing the Planning Commission.
3. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the agenda
by request of the Commission only:
4. OLD BUSINESS: None
5. NEW BUSINESS: None
6. CONTINUED PUBLIC HEARINGS:
6.1 Draft Development Code (Zoning Code Amendment ZCA 97-1) Continuation of
Article III - Site Planning and General Development Regulations and Article IV -
Land Use and Development Permit Procedures
RECOMMENDATION: It is recommended that the Planning Commission review
Articles III and IV of the Development Code and make an informal
recommendation. A formal recommendation will be made at the conclusion of the
review process.
1
7.
6.2 Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak
Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title
21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve
a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92
acres. Six of the proposed lots are part of two approved tracts. Therefore,
VTTM 50314's development will result in a net increase of 13 residential lots.
The project site is within Los Angeles County Significant Ecological Area No. 15.
The Zone Change will convert the current zoning of R-1,200 and A-2-2 to, R-1-
40,000.
Project Address: Southeast of the most southerly intersection of
Steeplechase Lane and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance
Blvd., Suite 300, Torrance, CA 90503
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has determined that an Environmental
Impact Report is required for this project. An Environmental Impact Report No.
97-1 (SCH No. 96071104) has been prepared and is available for public review.
RECOMMENDATION: Staff recommends that the Planning Commission
recommend approval for VTTM 50314, Zone Change No. 96-1, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program
and recommend certification of EIR No. 97-1 (SCH 96-0711104), Findings of Fact
and conditions as listed within the attached draft resolutions.
PUBLIC HEARINGS:
7.1 Conditional Use Permit No. 97-2 and Development Review No. 97-6 is a request
(pursuant to Section 22.40.430) to locate and operate an unmanned cellular
telecommunications facility at Peterson Park. The proposal is to attach two
microcell antennas to an existing light pole and construct a freestanding equipment
cabinet, covered by a screening mesh enclosure, adjacent to the pole. The project
will be located at the southern perimeter of Peterson park, adjacent to the Pomona
Freeway.
Property Address: Peterson Park - 24142 Sylvan Glen Road, Diamond Bar
Property Owner: City of Diamond Bar, 21660 E. Copley Dr., Diamond Bar
Applicant: L.A. Cellular, 17785 Center Court Drive North, Cerritos; CA
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has determined that this project is
Categorically Exempt Section 15303(e).
RECOMMENDATION: Staff recommends that the Planning Commission approve
Conditional Use Permit 97-2 and Development Review 97-6, Findings of Fact and
conditions as listed within the attached resolution.
2
8.
9.
10.
7.2 Development Review No. 97-4 is a request (pursuant to Section 22.72.020.A) to
construct a 36,761 square foot, two story industrial building to be utilized for
warehousing, assembly and associated office uses on a 78,442 square foot (1.8
acre) vacant site.
Property Location: Northeast corner of Lemon Avenue and Lycoming Street
Property Owner: Lan Plus, Andy Teng, 17088 E. Green Drive, City of
Industry, CA 91745
Applicant: Kent Wu Architects, 1274 E. Center Court Drive, Suite 211,
Covina, CA 91724
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has determined that this project
requires a Negative Declaration.
RECOMMENDATION: Staff recommends that the Planning Commission open the
public hearing, receive comments and continue this item to the meeting of August
19, 1997.
PLANNING COMMISSION ITEMS:
INFORMATIONAL ITEMS:
SCHEDULE OF FUTURE EVENTS:
CONCERTS IN THE PARK - August 13, 1997, 6:30 p.m. Sycamore Canyon Park,
22930 Golden Springs Drive - Upstream - Calypso
TRAFFIC & TRANSPORTATION - August 14, 1997 - 7,00 p.m. - AQMD Board
Hearing Room, 21865 E. Copley Drive.
CITY COUNCIL - August 19, 1997 - 6:30 p.m. - AQMD Auditorium, 21865 E. Copley
Drive.
PLANNING COMMISSION - August 19, 1997 - 6:00 p.m., AQMD Board Hearing
Room, 2186 E. Copley Drive - Special Development Code Meeting
CONCERTS IN THE PARK - August 20, 1997, 6:30 p.m. Sycamore CanyonPark,
22930 Golden Springs Drive - Tyrone Anthony Band - Jazz
PLANNING COMMISSION - August 26, 1997 - 6:00 p.m., AQMD Board Hearing
Room, 2186 E. Copley Drive - Special Development Code Meeting & Regular Planning
Commission Meeting.
CONCERTS IN THE PARK August 27, 1997, 6:30 p.m. Sycamore Canyon Park,
22930 Golden Springs Drive - Future America - Variety Show
PARKS & RECREATION COMMISSION - August 28, 1997 - 7:00 p.m., AQMD Board
Hearing Room, 21865 E. Copley Drive.
10. ADJOURNMENT: Tuesday, August 19, 1997 - 6:00 p.m.
3
CHAPTER 2.XX - AFFORDABLE HOUSING INCENTIVES/DENSITY
BONUS PROVISIONS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Eligibility for Bonus and Incentives
22.xx.xxx - Types of Bonuses and Incentives Allowed
22.xx.xxx - Continued Availability
22.xx.xxx - Location of Bonus Units
22.xx.xxx - Processing of Bonus Requests
22.xx.xxx - Purpose
As required by State law (Government Code Section 65915), this Chapter offers incentives to
developers for providing housing that is affordable to the types of households and qualifying
residents identified in 22.xx.xxx (Eligibility for Bonus and Incentives), below. The incentives
include the ability to construct up to 25 percent more residential dwelling units than normally
allowed by the applicable zoning district and General Plan designation, and other incentives
provided by this Chapter. In offering these incentives, this Chapter is intended to implement
the requirements of State law (Government Code Sections 65302, 65913, and 65915, et seq.)
22.xx.xxx - Eligibility for Bonus and Incentives
In order to be eligible for a density bonus and other incentives as provided by this Chapter, a
proposed residential development project shall:
A. Consist of five or more dwelling units;
B. Be designed and constructed so that at least:
1. Lower income. Twenty percent of the total number of proposed dwelling units are for.
lower income households, as defined in Health and Safety Code Section 50079.5;
2. Very low income. Ten percent of the total number of proposed dwelling units are for
very low income households, as defined in Health and Safety Code Section 50105; or
3. Other qualifying residents. Fifty percent of the total number of proposed dwelling
units are for qualifying residents as determined by Section 51.2 of the Civil Code; and
C. Satisfy all other applicable provisions of this Chapter.
22.xx.xxx - Types of Bonuses and Incentives Allowed
A residential development project that satisfies all applicable provisions of this Chapter shall
be entitled to the following density bonus and other incentives. If a density bonus and/or other
incentives cannot be accommodated on a parcel due to strict compliance with the provisions of
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-17
Affordable Housing Incentives/Density Bonus Provisions
22.xx
this Development Code, the Council is authorized to waive or modify development standards
as necessary to accommodate all bonus units and other incentives to which the development is
entitled.
A. Density bonus. The density bonus allowed by this Chapter shall consist of up to a 25-
percent increase in the number of dwelling units normally allowed by the zoning district
applicable to the parcel as of the date of the project land use permit application. A single
development project shall not be granted more than one density bonus in compliance with
this Chapter.
B. Other incentives. A qualifying project shall be entitled to at least one of the following
incentives identified by State law (Government Code Section 65915(b)):
1. A reduction in the parcel development standards of this Development Code (e.g.,
coverage, setback, zero lot line and/or reduced parcel sizes, and/or varkiniz
requirements;
2. Approval of mixed -use zoning in conjunction with the housing project if nonresidential
land uses will reduce the cost of the housing project, and the nonresidential land uses
are compatible with the housing project and surrounding development; and
3. Other regulatory incentives or concessions proposed by the developer or the City that
will result in identifiable cost reductions.
The Council shall approve one or more of the above incentives, not with -standing the other
provisions of this Chapter, unless it makes a written finding that the additional concession
or incentive is not required in order for the sales price or rent for the targeted dwelling units
to be set in compliance with State law (Government Code Section 65915(c)).
22.xx.xxx - Continued Availability
The land use permit application for the residential development project shall include the
procedures proposed by the developer to maintain the continued affordability of the density
bonus units in the following manner:
A. Development projects with City funding. Projects receiving a direct financial contribution
or other financial incentives from the City, or a density bonus and at least one other
concession or incentive shall maintain the availability of the lower income density bonus
units for a minimum of 30 years, as required by State law (Government Code Sections
65915(c) and 65916); or
B. Private development projects - density bonus only. Privately -financed projects that receive
a density bonus as the only incentive from the City shall maintain the availability of lower
income density bonus units for a minimum of 10 years.
22aac.xxx - Location of Bonus Units
As required by State law (Government Code Section 65915(g)), the location of density bonus
units within the qualifying project may be at the discretion of the developer. However, the
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-18
Affordable Housing Incentives/Density Bonus Provisions
22.xx
inclusionary units shall be reasonably dispersed throughout the development where feasible,
shall contain on average the same number of bedrooms as the noninclusionary units in the
development, and shall be compatible with the design or use of the remaining units in terms of
appearance, materials and finish quality.
22.xx.xxx - Processing of Bonus Requests
Proposed bonus requests shall require the approval of a Conditional Use Permit in compliance
with 22.xx which shall be reviewed and recommended by the Commission and approved by the
Council.
A. Initial review of bonus request. The Director shall notify the developer within 90 days of
the filing of the Conditional Use Permit application of whether the development project
qualifies for the additional density;
B. Criteria to be considered. Criteria to be considered in analyzing the requested bonus shall
include the availability and capacity of infrastructure (road, sewer and water capacity,
school capacity, etc.) to accommodate the additional residential density;
C. Findings for approval. In addition to the findings required for the approval of a
Conditional Use Permit (22.xx.xxx), the approval of the bonus by the Council shall also
require the following additional findings:
1. The development project would not be a hazard or nuisance to the City at large or
establish a use or development inconsistent with the goals and policies of the General
Plan,
2. The number of dwellings can be accommodated by existing and planned infrastructure
capacities;
3. Adequate evidence exists to indicate that the development of the property would result
in the provision of affordable housing in a manner consistent with the purpose and
intent of this Chapter;
4. In the event that the City does not grant at least one financial concession or incentive as
defined in State law (Government Code Section 65915) in addition to the density bonus,
that additional concessions or incentives are not necessary to ensure affordable housing
costs; and
5. There are sufficient provisions to guarantee that the dwelling units would remain
affordable in the future.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-19
CHAPTER 22.XX - FENCES, HEDGES, AND WALLS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - General Height Limitations
22.xx.xxx - Measurement of Fence or Wall Height
22.xx.xxx - Walls Required Between Different Zoning Districts
22.xx.xxx - Special Wall and Fencing Requirements
22.xx.xxx - Prohibited Fence Materials
22.xx.xxx - Authority to Waive or Modify Requirements
22.xx.xxx - Purpose
The purpose of this Chapter is to establish requirements for fences, hedges, and walls to ensure
that these elements do not block views and sunlight; provide adequate buffering between
different land uses; provide screening of outdoor uses and equipment; and are designed to
provide aesthetic enhancement of the City.
22.xx.xxx - Applicability
The provisions of this Section apply to all fences, hedges, and walls unless otherwise stated.
Fences and walls are subject to review and approval by the Director.
22.xx.xxx - General Height Limitations
Fences, hedges, and walls (except retaining walls) may be constructed to the heights shown in
Table 3-xx. See 22.xx.xxx for height limitations for retaining walls.
TABLE 3-XX
MAXIMUM HEIGHT OF FENCES, HEDGES AND WALLS
Location
Maximum Height
Rear and interior side yards
6 ft.*
Front and street side yards
42 inches
At intersections of streets, alleys and
driveways within traffic safety sight areas.
30 inches
* The Director may approve additional height up to eight feet to enclose or screen areas within
the rear of a parcel.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-20
Fences, Hedges, and Walls 22.xx
22.xx.xxx - Height limitations for Retaining Walls
A. Retaining walls shall not exceed a height of six feet measured from the finished grade at the
base of the wall. The Director may approve additional height up to one foot in consideration
of varying topographical features.
B. Where a retaining wall protects a cut below the natural grade and is located on a front, side,
or rear lot line, the retaining wall may be topped by a fence or wall of the same height that
would otherwise be allowed if no retaining wall existed. Where a retaining wall contains
a fill, the height of the retaining wall shall be considered as contributing to the allowable
height of a fence or wall. Regardless of the height of the retaining wall, an open-work, non -
view -obscuring fence may be erected at the top of the retaining wall for safety protection to
a maximum height of 42 inches.
C. Where a wall or fence is located in a required setback area adjacent to a retaining wall
containing a fill, the wall or fence shall be set back from the retaining wall a distance of one
foot for each one foot in height. The area between the wall or fence and the retaining wall
shall be landscaped and continuously maintained in good condition.
22.xx.xxx - Measurement of Fence or Wall Height
Where there is a difference in the ground level between two adjacent parcels of less than two
feet, the height of a fence or wall constructed along the property line shall be determined by
using the finished grade at the base of the fence or wall on the highest parcel. When there is a
difference in the ground level between two adjacent parcels of two feet or more, the height of
a fence or wall shall be determined by the Director.
To allow for variation in topography, the height of a fence or wall may vary up to six inches.
However, the average height of a fence or wall shall not exceed the maximum height allowed.
22.xx.xxx - Walls Required Between Different Zoning Districts
Walls shall be provided and maintained between different zoning districts as follows:
A. Where a nonresidential zoning district abuts a residential zoning district, a solid masonry
wall six feet in height shall be constructed on the zone boundary line;
B. Where a multi -family residential zoning district abuts a single-family residential zoning
district, a solid masonry wall six feet in height shall be constructed on the zone boundary
line;
C. Walls shall be of solid masonry construction and shall be of a decorative design when in
view of public rights -of -way subject to approval of the Director; and
D. The Director may waive or modify requirements for walls between different zoning districts
where a solid masonry wall already exists on the contiguous property if the following
findings can be made:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-21
Fences, Hedges, and Walls 22.xx
1. The existing wall meets or can be modified to conform to the intent of this Section;
2. Suitable landscaping can be installed adjacent to the existing wall to supplement and
enhance the desired physical separation;
3. The existing wall can be protected with wheel stops or curbs to prevent vehicle damage,
if necessary; and
4. Concurrence of the adjacent property owner can be obtained, to modify the existing wall
to meet the requirements of this Section.
22.xx.xxx - Special Wall and Fencing Requirements
A. Swimming pools, spas and similar features. Swimming pools, spas and other similar
features shall be fenced in compliance with Chapter x.xx (Swimming pool enclosures) of the
City Code.
B. Outdoor equipment, storage and work areas. Screening of outdoor uses and equipment
and activities shall be provided in compliance with 22.xx.xxx (Screening).
C. Temporary fencing. Temporary fencing used during site preparation and construction shall
be subject to the approval of the Director.
D. Fence and wall design. Only one type of fence or wall design shall be allowed on a multi-
family, commercial, or manufacturing site or single-family subdivision/development.
Perimeter fences/walls adjoining public rights -of -way shall be articulated by providing a
minimum three-foot deep by six-foot long landscaped recession for every 50 feet of
continuous wall. The design shall include an appropriate mix of materials and finish subject
to the approval of the Director. This requirement is in addition to any parkway landscaping
within the public right-of-way.
22.aocaooc - Prohibited Fence Materials
A. Prohibited fencing materials.
1. Barbed wire, razor wire and other similar materials shall not be permitted as part of a
fence or wall in a zoning district; and
2. The use of chain -link fencing shall not be allowed on a residentially zoned or developed
property along a property line adjacent to a street.
B. Exceptions to prohibited fencing materials. Chain -link fences, may be allowed when
required for security or safety reasons, subject to the Director's approval, which shall be
conditioned to mitigate negative visual impacts. The conditions may include, but are not
limited to the following:
1. Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and
alternative post materials);
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-22
Fences, Hedges, and Walls 22.xx
2. Inclusion of landscaping or alternative fence locations; and
3. Maintenance of fencing materials and landscaping.
22.xocaooc - Authority to Waive or Modify Requirements
The Hearing Officer may waive or modify the requirements of this Section in compliance with
the provisions of 22.xx (Minor Conditional Use Permits).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-23
CHAPTER 22.XX - HILLSIDE MANAGEMENT
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - Definitions
22.xx.xxx - Required Plans and Reports
22.xx.xxx - Density
22.xx.xxx - Hillside Development Standards and Guidelines
22.xx.xxx - Landform Grading and Revegetation Standards
22.xx.xxx - Slope Analysis
22.xx.xxx - Grading
22.xx.xxx - Drainage
22.xx.xxx - Access, Trails, and Roadways
22.xx.xxx - Site Design
22.xx.xxx - Architecture
22.xx.xxx - Fences and Landscaping
22.xx.xxx - Fire protection standards
22.xx.xxx - Evaluation of Use Permit Application
22.xx.xxx - Purpose
This Chapter establishes regulations for development within hillside areas to:
A. Preserve and protect the views to and from hillside areas in order to maintain the identity,
image and environmental quality of the City of Diamond Bar;
B. Maintain an environmental equilibrium consistent with the native vegetation, animal life,
geology, slopes, and drainage patterns;
C. Facilitate hillside preservation through appropriate development standards and guidelines
of hillside areas. The guidelines are not intended to be strict standards, but rather to provide
direction and encourage development which is sensitive to the unique characteristics
common to hillside properties, which include, but are not limited to slopes, land form,
vegetation and scenic quality. Innovation in design is encouraged as long as the end result
is one which respects the hillside and is consistent with the purposes expressed in this
section and in the goals and objectives of the General Plan;
D. Ensure that development in the hillside areas shall be concentrated in those areas with the
least environmental impact and shall be designed to fit the existing land form;
E. Preserve, where possible, significant features of the natural topography, including swales,
canyons, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural
features by, for example, roads crossing ridgelines. Therefore, a major design criterion shall
be the minimization of such impacts;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 111-24
Hillside Management 22.xx
F. Provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within
hillside areas, with minimum disturbance to the undeveloped terrain;
G. Correlate intensity of development with the steepness of terrain in order to minimize the
impact of grading, unnecessary removal of vegetation, land instability, and fire hazards;
H. Provide in hillsides, alternative approaches to conventional flat land development practices
by achieving land use patterns and intensities that are consistent with the natural
characteristics of hill areas such as slopes, land form, vegetation and scenic quality; and
I. Encourage the planning, design and development of sites that provide maximum safety with
respect to fire hazards, exposure to geological and geotechnic hazards, drainage, erosion and
siltation, and materials of construction; provide the best use of natural terrain; and to
prohibit development that will create or increase fire, flood, elide, or other safety hazards
to public health, welfare, and safety.
It is the intent of this Chapter to establish regulations and guidelines to ensure that
development will complement the character and topography of hillside areas. Specifically,
the City desires the application of good hillside planning techniques and the use of landform
grading and revegetation in the implementation of hillside projects.
22.xx.xxx - Applicability
A. Hillside area. The standards contained in this Chapter apply to all uses and structures
within areas having a slope of 10 percent or greater.
B. Basis for slope determinations. For the purpose of this Chapter, slope shall be computed
on the natural slope of the land before grading is commenced, as determined from a
topographic map having a scale of not less than one inch equals 100 feet and a contour
interval of not more than five feet.
C. Development review required. Hillside developments shall be subject to Development
Review approval in compliance with Chapter 22.xx.
22.xx.xxx - Definitions
For the purposes of this Chapter, the following definitions shall apply:
Contour. A line drawn on a plan which connects all points of equal elevation.
Cut. A portion of land surface or area from which earth has been removed or will be removed
by excavation. The mechanical removal of earth material.
Cut and fill. The excavating of earth material in one place and depositing of it as fill in an
adjacent place.
Effective bulk. The effective visual bulk of structure when seen from a distance or from above
or below.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-25
Hillside Management
22.xx
Elevation. Height or distance above sea level.
Erosion. The process by which the soil and rock components of the earth's crust are worn away
and removed from one place to another by natural forces such as wind and water.
Fill. A deposit of earth material placed by artificial means.
Finish grade. The final elevation of the ground surface after grading, which is in conformity
with the approved plan.
Grading. To bring an existing surface to a designed form by excavating, filling, or smoothing
operations. (See Figure 3-xx)
Hillside. A parcel of land which contains grades in excess of 10%.
Natural slope. A slope which is not man-made. A natural slope may retain natural vegetation
during adjacent grading operations or it may be partially or completely removed and replanted.
Pad. A level area created by grading to accommodate development.
Prominent ridge. A ridge or hill location which is visible from a major arterial, secondary, or
collector street, which forms part of the skyline or is seen as a distinct edge against a backdrop
of land at least 300 feet horizontally behind it, or is so designated by the Planning Commission
or City Council.
Ridge. A long, narrow, conspicuous elevation of land.
Roadway. A means of access over private property to more than one residential unit.
Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal
distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope
is determined by dividing the rise by the run, multiplied by 100. (See figure 3-xx)
Slope, man-made. A manufactured slope consisting wholly or partially of either cut or filled
material.
Slope transition. The area where a slope bank meets the natural terrain or a level graded area
either vertically or horizontally.
FIGURE 3-XX
COMPARATIVE DEFINITIONS OF GRADING DESIGNS
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-26
Hillside Management
22.xx
A. Conventional grading.
1. Conventionally graded slopes are characterized by essentially linear, flat slope surfaces
with unvarying gradients and angular slope intersections. Resultant pad configurations
are rectangular.
2. Slope drainage devices are usually constructed in a rectilinear configuration in exposed
positions.
3. Landscaping is applied in random or geometric patterns.
[Graphic to be provided]
B. Contour grading.
1. Contour -graded slopes are basically similar to conventionally graded slopes except that
in plan the slopes are curvilinear rather than linear, the gradients are unvarying and
profiles are planar, transition zones and slope intersections have generally some
rounding applied. Resultant pad configurations are mildly curvilinear.
2. Slope drainage devices are usually constructed in a geometric configuration and in an
exposed position on the slope face.
3. Landscaping is applied in random or geometric patterns.
[Graphic to be provided]
C. Landform grading.
Landform grading replicates the irregular shapes of natural slopes resulting in
aesthetically pleasing elevations and profiles. Landform-graded slopes are characterized
by continuous series of concave and convex forms interspersed with mounds that blend
into the profiles, not linear in plan view, and varying slope gradients, and significant
transition zones between man-made and natural slopes. Resultant pad configurations
are irregular.
2. Slope down -drain devices either follow the natural line of the slopes or are tucked away
in special swale and berm combinations in order to conceal the drains from view.
Exposed segments in high visibility areas are treated with natural rock.
3. Landscaping becomes a "revegetation" process and is applied in patterns that occur in
nature: trees and shrubs are concentrated largely in concave areas, while convex portions
are planted mainly with groundcovers.
22.xx.xx c - Required Plans and Reports
A subdivision or land use entitlement application for a site within a hillside area shall include
the following documents, reports, and maps as determined appropriate by the Director and City
Engineer. Exceptions to the filing requirements shall require a written justification supported
by factual information submitted to the Director and City Engineer for consideration.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-27
Hillside Management
22.xx
A. Natural features map. A natural features map, which shall identify all existing slope banks,
ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock
outcroppings, and existing vegetation. Also depicted shall be landslides and other existing
geologic hazards.
B. Grading plan. A conceptual grading plan that shall include the following items:
1. A legend with appropriate symbols which shall include the following items: top of wall,
top of curb, high point, low point, elevation of significant trees, spot elevations, pad and
finished floor elevations, and change in direction of drainage;
2. A separate map with proposed fill areas colored in green and cut areas colored in red,
with areas where cut and fill exceed depths established in the hillside development
guidelines and standards clearly shown. Additionally, the area of cut and fill, calculated
as a percentage of the total site area, shall be included on the plan; and
3. Contours for existing and natural land conditions and proposed work. Existing contours
shall be depicted with a dashed line with every fifth contour darker, and proposed
contours shall be depicted as above except with a solid line. Contours shall be shown
at maximum five foot intervals above 20 percent slope.
C. Drainage map. A conceptual drainage and flood control facilities map describing planned
drainage improvements.
D. Slope analysis map. A slope analysis map for the purpose of determining the amount and
location of land as it exists in its natural state falling into each slope category as specified
below. For the slope map, the applicant shall use a base topographical map of the subject
site, prepared and signed by a registered civil engineer or licensed land surveyor, which
shall have a scale of not less than one inch to 100 feet and a contour interval of not more than
two feet provided that the contour interval may be five feet when the slope is more than 20
percent. The base topographical map shall include all adjoining properties within 150 feet
of the site boundaries. Delineate slope bands in the range of 0-10 percent,11-15 percent,16-
20 percent, 21-25 percent, 26-30 percent, 31-35 percent, and 36 percent or greater. Also
included shall be a tabulation of the land/area in each slope category specified in acres.
E Slope profiles. Provide a sufficient number of slope profiles as required by the City
Engineer to clearly illustrate the extent of the proposed grading. The slope profiles shall:
1. Be drawn at the same scale and indexed, or keyed, to the grading plan, and project site
map;
2. Show existing and proposed topography, structures, and infrastructure. Proposed
topography structures, and infrastructure shall be drawn with a solid, heavy line.
Existing topography and features shall be drawn with a thin or dashed line.
3. The slope profile shall extend far enough from the project site boundary to clearly show
impact on adjacent property, within at least 150 feet.
4 The profiles shall be drawn along those locations of the project site where:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 111-28
Hillside Management 22.xx
a. The greatest alteration of existing topography is proposed;
b. The most intense or dense development is proposed;
c. The site that is most visible from surrounding land uses; and
d. At all site boundaries illustrating maximum and minimum conditions.
5. At least two of the slope profiles shall be roughly parallel to each other and roughly
perpendicular to existing contour lines. At least one other slope profile shall be roughly
at a 45 degree angle to the other slope profiles and existing contour lines.
F. Certification required. The slope profiles shall be stamped and signed by either a registered
landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale
of topographic data used in the slope profiles, and attesting to the fact that the slope profiles
have been accurately calculated and identified.
G. Environmental studies. A geologic and soils report, prepared by an approved soils
engineering firm and in sufficient detail to substantiate and support the design concepts
presented in the application. Additional environmental studies and investigations (e.g.,
hydrologic, seismic, access/circulation, and biota research) may also be required in order
to help in the determination of the buildable area of a site.
H. Ownership/maintenance. A statement of conditions for ultimate ownership and
maintenance of all parts of the development including streets, structures and open spaces.
I. Custom lot subdivision. In the event that no grading is proposed, (i.e., custom lot
subdivision), a statement to that effect shall be filed with a plan which shows possible future
house plotting, lot grading, driveway design, and location for each parcel proposed, to be
prepared on a topographic map drawn at the same scale as the conceptual grading plan.
J. Elevations required. When unit development is proposed, illustrative building elevations,
that show all sides of the proposed structure(s) and which accurately depict the building
envelope for each lot, shall be provided.
K. Additional items. The following items may be required if determined necessary to aid in
the analysis of the proposed project to illustrate existing or proposed conditions or both:
1. A computerized or topographic model;
2. A line of sight or view analysis;
3. Photographic renderings; and
4. Any other illustrative technique determined necessary to aid in review of a project.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-29
Hillside Management
22.xx
22.xx.xxx - Density
The maximum number of dwelling units that may be allowed on a given parcel shall be the
calculated in compliance with the requirements of this Section. Also, an additional number of
units may be eliminated due to environmental constraints as determined through the
Development Review process.
A. Maximum density calculation. In order to retain natural features of the hillsides, densities
shall be reduced as slope increases in compliance with Table 3-X. Each property to be
developed shall be divided into cells of similar slope, utilizing the slope ranges listed below.
The maximum density of the base zoning is multiplied by the relevant reduction factor
assigned to each cell. The result of this calculation is the maximum allowable density for
each cell.
TABLE 3-X
ALLOWABLE RESIDENTIAL DENSITY
Average Slope Range
Density Reduction Factor
0% to 25%
None
26% to 30%
0.9
31% to 35%
0.8
36% to 40%
0.6
Greater than 40%
Development may be
extremely limited
B. Density transfer. To encourage the clustering of residential units away from steeper slopes
to areas with more gentle slopes, a transfer of density may be allowed when development
is transferred from one slope category to a lower slope category. When density is
transferred from a higher slope category to a lower category (e.g., from the 31-35 percent
category to the 26-30 percent category), the Commission may increase the allowable density
of the lower category to compensate for not developing in areas with steeper slopes.
The total number of units allowed for a project shall not exceed the number of units that
would have been allowed without any transfer of density. Areas from which density is
transferred shall be restricted from future development in an appropriate manner.
C. Environmental constraints. The maximum number of residential dwelling units may also
be affected by the impact of the following development constraints:
1. Land areas subject to inundation during a 100-year storm;
2. Land areas that are above the hillside view line;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-30
Hillside Management
22.xx
Land areas that lie within a federally recognized blue line stream, or that contain
significant riparian stream bed habitats or other established plant formations that
constitute a significant natural feature or ecosystem or that contain rare or endangered
species;
4. Significant Ecological Areas (SEA);
5. Land areas that are within 100 feet of a prominent ridgeline or hiking trail; and
6. Land areas containing significant archaeologic sites.
22.xx.xxx - Hillside Development Standards and Guidelines
A. General. The hillside development standards and guidelines are intended to ensure the
appropriate management of hillside areas. The standards are requirements for the use,
development, or alteration of land in hillside areas. The guidelines are to be utilized to
provide direction to encourage development that is sensitive to the unique characteristics
common to the hillside areas. The guidelines shall be used by the Commission in evaluating
development proposals that propose to deviate from the minimum standards contained in
this Chapter.
B. Exceptions. Exceptions to the standards in this Chapter may be approved through the
Conditional Use Permit process, when the Commission determines that the exceptions
would not materially effect to the intent of the standards and guidelines. In approving a
Conditional Use Permit, the Commission shall make appropriate findings and facts
supporting the determination in compliance with 22.xx (Conditional Use Permits).
The Commission may approve a Variance from the standards of this Chapter in compliance
with 22.xx (Variances) for parcels that are of too small size, or of a configuration that would
make development difficult and a hardship for the applicant. Approval of a Variance may
be accompanied by a reduction in the maximum allowed density to the extent deemed
necessary to maintain the intent of this Chapter.
Where development is proposed for a parcel that adjoins one or more vacant, developable
parcels, cooperation of the respective property owners is encouraged in the planning of the
road network, utilities plan, and open space network for the area as a whole. The City may
consider variations from the strict application of the provisions of this Chapter as may be
needed to achieve cooperation among all contiguous property owners to the extent that the
variations may better achieve the objectives of this Chapter.
[Graphic to be provided]
22.xx.xx c - Landform Grading and Revegetation Standards
Incorporation of the basic principles of the landform grading and revegetation concept in the
design and construction of hillside development projects is required so that they will be in
harmony with the natural topography and reflect existing plant distribution patterns.
The general principles of landform grading and revegetation include the following elements:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-31
Hillside Management
22.xx
A. The basic land plan flows with the natural topography rather than against it. This means
that street patterns and building pad configurations follow the underlying topographic
features rather than cutting across them.
B. All manufactured cut and fill slopes exceeding nine feet in height that will be either exposed
to permanent public view or are adjacent to environmentally sensitive areas, shall be
designed with features characteristic of natural slopes so that their ultimate appearance will
resemble a natural slope. This includes slopes along streets and highways, slopes adjacent
to parks, schools, open spaces, and other public facilities, and other prominent and highly
visible slopes.
Side yard slopes and low (less than 25 feet in height) rear yard slopes whose view is blocked
by future structures need not have landform design applied.
Slope drainage devices (e.g., down drains and interceptor drains) shall be designed so that
they are built into the natural slope features and become hidden from view.
[Graphic to be provided]
D. Terracing and the associated concrete drainage devices (e.g., terrace drains, down drains,
and interceptor drains) distract from efforts to give cut and fill slopes a natural appearance
and are therefore discouraged.
E. Landscaping shall not be applied in a conventional pattern, but in patterns resembling
natural plant distribution. Trees or shrubs shall be clustered in the swaled (concave)
components of the slope along with ground cover. Ground cover, only, should be applied
to the protruding (convex) portions. (See Figure _)
22.xx.xxx - Slope Analysis
A. Calculating average slope. Use the following formula to calculate the average slope of the
entire parcel.
I = Contour interval in feet
Slope = 0.002296 I L L = Summation of length of all
A contours in feet
A = Area in acres of parcel being considered
B. Slope categories. The following are standards for hillside slopes in areas that will not be
landform graded. These standards ensure that development will complement the existing
character and topography of the land. The standards for one category may be applied to
limited portions of the site in an adjacent category when a project is developed on a site with
more than one slope category.
Diamond Bar Development Code. Article III - Site Planning
Administrative Draft - July 1997 1II-32
Hillside Management
f►X•1W
TABLE 3-XX
SLOPE CATEGORIES
Slope
Natural Slope
Site Standards
Category
(Percentage)
1.
10% to 24.9%
Special hillside architectural and design techniques that
minimize grading are required in this slope category.
2.
25% to 39.9%
Structures shall conform to the natural topography and
natural grade by using appropriate techniques, including
split-level foundations, stem walls, stacking, and clustering.
Conventional grading may be considered for limited
portions of a project when its plan includes special design
features, extensive open space, or significant use of
greenbelts.
3.
40% to 49.9%
Development within this category shall be restricted to those
sites where it can be demonstrated that safety will be
maximized while environmental and aesthetic impacts will
be minimized. Use of large lots, variable setbacks and
variable building structural techniques (e.g., stepped
foundations) are expected. Structures shall be designed to
minimize the visual impact of their bulk and height. The
shape, materials, and colors of structures shall blend with the
natural environment. The visual and physical impact of
driveways and roadways shall be minimized by eliminating
sidewalks, and reducing their widths to the minimum
required for emergency access and following natural
contours, using grade separations where necessary and
otherwise minimizing the need for grading.
4.
50% and over
This is an excessive slope condition and development shall
be extremely limited
[Graphic to be provided]
22.xx.xxx - Grading
A. Landform grading techniques. The following standards define basic grading techniques
that are consistent with the intent of this Chapter and avoid unnecessary cut and fill.
Limitations on project grading amounts and configurations will be decided on a case -by -case
basis under the Development Review process. Landform grading design standards include:
1. Ridgeline cuts. When convex shaped natural features (e.g., protruding ridgelines) are
cut, the residual landform shall not be a flat slope face, but rather should be restored to
resemble the original. This will require more than just rounding at the edges but, in
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-33
Hillside Management
22.xx
effect, reconfiguring it so the final result will give the appearance of a protruding
ridgeline. (See Figure below.) -
2. Canyon fills. Fill slopes shall not be placed perpendicular across a canyon. Straight line
cut off fill slopes shall not be made to appear like a dam. The terminus of the fill shall
be concave in shape to restore the canyon appearance. Thin concave configuration shall
be in combination with the use of substantially flatter slope ratio (4:1, 3.5:1, 3:1) at or
near the center of this indentation. Symmetrical or unsymmetrical concave
configurations shall be used depending upon the adjoining or underlying topographic
characteristics. (See Figure below.)
3. Transition areas. Minimal rounding at the edges of cut and fill slopes shall not be
allowed. Proper transitioning to natural slopes shall be achieved through the use of radii
or irregular curvilinear shapes that will blend into the adjoining topography tangentially
and not create abrupt changes. (See Figure below.)
4. Use of variable slope ratios. The use of landform grading designs, creates valleys and
concave indentations on building pad areas which can result in a net loss of buildable
area. Two methods shall be allowed to offset this loss:
a. Pad areas lost due to concave indentations will be counted towards meeting the
open space or landscape area requirements for the development.
b. Segments of a cut or fill slope will be allowed to be designed with variable slope
ratios less than 2:1, but not less than 1.5:1 within the following guidelines:
1) A geotechnical engineer shall certify that slopes so designed will meet standard
stability requirements;
2) Overall ratio from toe to toe will be 2:1 or greater; and
3) Ratios greater than 2:1 will also be used in the slope design.
[Graphic to be provided]
B. Grading standards.
1. Finished slopes shall not be created greater than 50 percent (2:1) except adjacent to a
structure where the maximum created slope is limited to 67 percent (1.5:1) or less.
2. Grading shall be phased so that prompt rvegetation or construction will control
erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped
shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut
and fill slopes. Revegetation of cut and fill slopes shall occur within three months of
grading completion.
3. Grading operations shall be planned to avoid the rainy season, October 15, to April 15.
Grading permits may be issued any time of year when a plan for erosion control and silt
retention has been approved by the City Engineer.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-34
Hillside Management
22.xx
4. Excavation or other earth disturbance shall not be allowed on a hillside area prior to the
issuance of a grading permit with the exception of drill holes and exploratory trenches
for the collection of geologic and soil data. These trenches shall be properly backfilled
and erosion treatment provided where slopes exceed 20 percent.
5. No point on any structure subject to the provisions of this Chapter shall be closer to a
prominent ridge than 100 feet measured horizontally on a topographic map or 50 feet
measured vertically on a cross section, whichever is more restrictive. And in no case,
shall the roof line or any other portion of a structure extend above the line of sight
between a ridge line and any public right-of-way, whether the ridgeline is above or
below the right-of-way.
Lot pad grading is limited to the boundaries of the structure's foundation, vehicle
parking space and a yard area as shown on the approved grading plan.
7. Retaining walls associated with lot pads are limited to:
a. Upslope (from the structure) walls not to exceed four feet in height. Terraced
retaining structures may be utilized which are separated by a minimum of three feet
and appropriate landscaping.
b. Downslope (from the structure) walls not to exceed four feet in height. Where an
additional retained portion is necessary due to unusual or extreme conditions, (e.g.,
lot configuration, steep slope, or road design) the use of terraced retaining structures
shall be considered on an individual lot basis. Terraced walls shall not exceed three
feet in height and shall be separated by a minimum of four feet with appropriate
landscaping. Terracing shall not be used as a typical solution within a development.
8. Lot lines shall be placed two feet beyond top of major slope areas within public view
corridors to help ensure their maintenance by the downhill owner.
C. Grading guidelines.
1 Where possible, graded areas should be designed with manufactured slopes located on
the uphill side of structures, thereby, hiding the slope behind the structure.
[Graphic to be provided]
2 Terraced retaining structures up to four feet in height may be utilized when separated
by a minimum of 3 feet and appropriate landscaping.
[Graphic to be provided]
3. On lots sloping with the street, and other configurations not discussed above, one
retaining wall, not to exceed 42 inches feet in height may be used in a side yard where
necessary.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-35
Hillside Management
22.xx
4. Retaining walls that are an integral part of the structure may exceed four feet in height;
however, their visual impact shall be mitigated through contour grading and landscape
techniques.
5. The following factors shall be taken into consideration in the design of a project:
a. When space and proper drainage requirements can be met with approval by the City
Engineer, rounding of slope tops and bottoms shall be accomplished.
b. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp,
angular appearance.
c. A rounded and smooth transition shall be made when the planes of man-made and
natural slopes intersect.
d. When significant landforms are "sliced" for construction, the landforms shall be
rounded to blend into natural grade.
e. Manufactured slope faces shall be varied to avoid excessive "flat -planed"
surfaces.
7. No manufactured slope shall exceed 30 feet in height between terraces or benches.
[Graphic to be provided]
8. Where cut or fill conditions are created, slopes would be varied rather than left at a
constant angle which may be unstable or create an unnatural, rigid, "engineered"
appearance.
[Graphic to be provided]
9. The angle of any graded slope should be gradually adjusted to the angle of the natural
terrain.
[Graphic to be provided]
10. Manufactured slopes adjacent to roadways shall be consistent with the landform grading
and revegetation technique to create visually interesting and pleasing streetscapes.
[Graphic to be provided]
22.xx.xoa - Drainage
Where a conflict exists between the provisions of this Section and Chapter 70 of the Uniform
Building Code, the drainage, soils and geology provisions of this Development Code shall
prevail, unless in the opinion of the City Engineer, the provisions of this Section do not meet
sound engineering standards.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-36
Hillside Management
22.xx
A. Drainage Standards.
1. Debris basins, rip rap, and energy dissipating devices shall be provided where necessary
to reduce erosion when grading is undertaken. Except for necessary flood control
facilities, significant natural drainage courses shall be protected from grading activity.
In instances where crossing is required, a natural crossing and bank protection shall be
preferred over steel and concrete systems. Where brow ditches are required, they shall
be naturalized with plant materials and native rocks.
2. Terrace drains where required shall follow landform slope configuration. Down drains
shall not be placed in exposed positions. All down drains shall be hidden in swales
diagonally or curvilinear across a slope face. In this manner they will be built into the
overall landform of the slope. (See Figure 13).
[Graphic to be provided]
3. Building and Grading Permits shall not be issued for construction on any site without
an approved location for disposal of runoff waters, ( e.g., a drainage channel, public
street or alley, or private drainage easement).
4. The use of cross lot drainage shall be subject to Commission and Council review and
may be approved after demonstration that this method will not adversely affect the
proposed lots or adjacent properties, and that it is absolutely required in order to
minimize the amount of grading which would result with conventional drainage
practices. Where cross lot drainage is utilized, the following shall apply:
a. Project interiors One lot may drain across one other lot if an easement is provided
within either an improved, open V-swale gutter, that has a naturalized appearance,
or within a closed drainage pipe that shall be a minimum 12 inches in diameter. In
both cases, an integral wall, shall be constructed. This drainage shall be conveyed
to either a public street or to a drainage easement. If drainage is conveyed to a
private easement, it shall be maintained by a homeowners association, otherwise the
drainage shall be conveyed to a public easement. The easement width shall be
determined on an individual basis and shall be dependent on appropriate
hydrologic studies and access requirements.
b. Project boundaries. On -site drainage shall be conveyed in an improved open V-
swale, gutter, which has a naturalized appearance, or within an underground pipe
in either a private drainage easement, which is to be maintained by a homeowner's
association, or it shall be determined on an individual basis and shall be dependent
on appropriate hydrologic studies and access requirements.
[Graphic to be provided]
B. Drainage guidelines.
1. Where possible, drainage channels should be placed in inconspicuous location, and
more importantly, they should receive a naturalizing treatment including native rock,
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-37
Hillside Management
22.xx
colored concrete and landscaping, so that the structure appears as an integral part of the
environment.
[Graphic to be provided]
2. Natural drainage courses should be preserved and enhanced to the extent possible.
Rather than filling them in, drainage features should be incorporated as an integral part
of the project design.
22.xx.xxx - Access, Trails, and Roadways
A. Access, trails, and roadway standards.
1. Driveway grades up to a maximum of 20 percent are allowed, and shall be aligned with
the natural contours of the land. Proper design considerations shall be employed, (e.g.,
vertical curves and parking landings). Parking landings shall be utilized on all drives
over 10 percent grade.
2. Grooves for traction shall be incorporated into the construction of driveways with a
slope of 20 percent or greater.
3. Where retaining walls are necessary adjacent to roadways or within street setbacks, they
shall be limited to three feet in height in order to avoid obstruction of motorists' and
pedestrians' field of view, and to create an aesthetically pleasing streetscape. No more
than three terraced or stepped retaining walls shall be utilized. Wall shall be separated
by a minimum of three feet and include appropriate landscaping.
[Graphic to be provided]
4. Driveways shall enter public/private streets maintaining adequate line of sight.
5. Local hillside street standards shall be used to minimize grading and erosion potential
while providing adequate access for vehicles, including emergency vehicles.
6. Hillside, collector, and arterial streets shall not exceed 12 percent. Hillside local
residential streets shall not exceed 15 percent.
7. Cul-de-sacs, to a maximum of 1000 feet in length, may be allowed with a maximum of
30 dwelling units.
8. All other street improvement standards shall conform to the standard plans and
specifications for public streets of the City.
9. The Commission or Council may approve modifications to the above standards
provided the modifications are in substantial conformance with the objectives stated in
this Section.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-38
Hillside Management
22.xx
B. Access, trails, and roadway guidelines.
1. Roadways and driveways, where feasible, should conform to the natural landform.
They should not greatly alter the physical and visual character of a hillside by creating
large notches in ridgelines, defining wide straight alignments, or by building switch-
backs on visually prominent hillsides. Split sections and parking bays should be
utilized in the layout of hillside streets.
[Graphic to be provided]
2. Where road construction is allowed in hillside areas, the extent of vegetation disturbance
and visual disruption should be minimized by the combined use of retaining structures
and regrading to approximate the natural slope. The following techniques should be
used where feasible.
a. Utilize landform revegetation planting in order to create a natural appearance and
provide a sense of privacy.
b. Reduce the visual and safety impacts by use of terraced retaining walls and
landscaping.
c. Split roadways increase the amount and appearance of landscaping and the median
can be used to handle drainage.
[Graphic to be provided]
3. Trails are an integral part of a hillside area and provide recreation areas for equestrian,
hiking and biking uses. They can also function as a means to convey drainage.
4. In hillside areas, it is not always necessary to provide full improvements for trails. A
more natural experience may be achieved, and the amount of grading required can be
reduced, by providing minimal improvements in appropriate areas (e.g., undevelopable,
steep slopes).
22.xx.aoa - Site Design
A. Site design standards. The dimensions of a structure parallel to the direction of the slope
shall be maximized in order to limit the amount of cutting and filling and to better fit the
house to the natural terrain.
[Graphic to be provided]
B. Site design guidelines.
1. Design of building sites should be sensitive to the natural terrain. Structures should be
located in ways as to minimize necessary grading and to preserve natural features
(e.g.,knolls or ridgelines).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-39
Hillside Management
22.xx
2. Views of significant visual features as seen from both within and outside a hillside
development should be preserved. The following provisions shall be taken into
consideration:
a. Dwellings should be oriented to allow view opportunities, even if views are limited.
Residential privacy should not be unreasonably sacrificed.
b. Any significant public vista or view corridor as seen from a secondary, collector, or
major arterial should be protected and enhanced where feasible.
3. Projects should incorporate variable setbacks, multiple orientations, and other site
planning techniques to preserve open spaces, protect natural feature, and offer views to
residents.
[Graphic to be provided]
22.xx.xxx - Architecture
A. Architecture standards.
1. The maximum structure height shall be 35 feet as measured from natural or finished
grade at the front setback, extending towards the rear of the parcel. The maximum
height at the side setback shall be 25 feet extending up to the center of the lot at a 45
degree angle to a maximum height of 35 feet as measured from natural grade or finished
grade.
[Graphic to be provided]
2. Structures shall be terraced to follow the natural slope.
3. Architectural treatment shall be provided to all sides of the structure visible from a
public street.
4. Exterior structural supports and undersides of floors and decks not enclosed by walls
shall be permitted provided fire safety and aesthetic considerations have beeri
adequately addressed.
5. Exterior flood lighting for safety shall be located and shielded so as not to shine on
adjacent properties. Decorative lighting to highlight a structure is prohibited.
B. Architecture guidelines.
The form, mass, and profile of the individual structures and architectural features
should be designed to blend with the natural terrain and preserve the character and
profile of the natural slope. Some techniques that should be considered include:
a. Split pads, stepped footings, and grade separations to permit structures to step up
the natural slope.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-40
Hillside Management
22.xx
b. Detaching parts of a dwelling (e.g., garage).
c. Avoid the use of gable ends on downhill elevations. The slope of the roof should be
oriented in the same direction as the natural slope and should not exceed natural
slope contour by 20 percent.
2. Avoid excessive cantilevers on downhill elevations.
3. Excavate underground or utilize below grade rooms to reduce effective bulk and to
provide energy efficient and environmentally desirable spaces. However, the visible
area of the structure shall be minimized through a combined use of regrading and
landscaping techniques.
4. Use roofs on lower levels for open space decks for upper levels.
[Graphic to be provided]
5. Use building materials and color schemes that blend with the natural landscape of earth
tones and natural chaparral vegetative growth.
6. Minimize the width of a structure measured in the direction of the slope to limit the
amount of cutting and filling and to better "fit" the structure to the natural terrain.
[Graphic to be provided]
22.xx.xxx - Fences and Landscaping
A. Fences and landscaping standards.
1. Walls and fencing, not exceeding six feet in height, -visible from roadways or public
rights -of -way shall be visually open and non -opaque.
2. Privacy walls and fences, not exceeding six feet in height, are allowed adjacent to
structures, in order to provide private outdoor areas. Walls and fences shall use
materials and colors compatible with the structure's facade.
3. Native or naturalized plants or other plant species that blend with the landscape shall
be utilized in all areas with required planting.
4. Fire retardant plant materials shall be utilized. Plants selected as ground cover, shrubs,
or trees shall be from a list approved by the City.
5. A permanent landscape and irrigation system, for purposes of establishing and
maintaining required planting, shall be installed on all slopes. The emphasis shall be
toward using plant materials that will eventually need minimal irrigation. Water and
energy conservation techniques shall be utilized, including drip irrigation, reclaimed
water, and Xeriscape.
[Graphic to be provided]
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-41
Hillside Management
22.xx
6. Landscaping shall be used to screen views of down slope building elevations. When the
structure height exceeds 20 feet from finished grade on a down slope, additional
landscaping is required and a landscaping plan shall be submitted for review with the
submittal package.
7. Slopes with required planting shall be planted with informal clusters of trees and shrubs
to soften and vary the slope plane. Where required by the City, jute netting shall be used
to help stabilize planting and minimize soil erosion.
8. Native vegetation shall be retained and supplemented within undeveloped canyons and
along natural drainage courses as allowed by State and Federal resources agencies (State
Department of Fish & Game, U. S. Fish and Wildlife, U. S. Army Corps of Engineers).
[Graphic to be provided]
B. Fencing and landscaping guidelines.
1. Use natural landform planting to soften manufactured slopes, reduce impact of
development on steep slopes or rddelines, and provide erosion control.
2. Maintain a revegetative backdrop by replanting with approved trees. The vegetation
should reduce the impact of the structures to the extent possible at maturity and
preserve the appearance of the natural hillside.
[Graphic to be provided]
I Use landform grading to replicate the irregular shapes of natural slopes resulting in
aesthetically pleasing elevations and profiles. Landform-graded slopes are characterized
by continuous series of concave and convex forms interspersed with mounds that blend
into the profiles, not linear in plan view and varying slope gradients, and significant
transition zones between man-made and natural slopes. Resultant pad configurations
are irregular.
4. Slope down -drain devices should be designed to either follow "natural' lines of the
slopes or are tucked away in special swale and berm combinations in order to conceal
the drains from view. Exposed segments in high visibility areas should be treated with
natural rock.
5. Landscaping should become a "revegetation" process and be applied in patterns that
occur in nature: trees and shrubs are concentrated largely in concave areas, while convex
portions are planted mainly with groundcovers.
[Graphic to be provided]
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-42
Hillside Management 22.xx
22.xx.xxx - Fire protection standards
A. Development shall be constructed to reduce the potential for spread of brushfire.
1. In the case of a conflict where more restrictive provisions are contained in the Uniform
Building Code or in the Fire Code, the more restrictive provisions shall prevail.
2. Roofs shall be covered with noncombustible materials as defined in the Building Code.
Open eave ends shall be stopped in order to prevent bird nests or other combustible
material lodging within the roof and to preclude entry of flames.
3. Exterior walls shall be surfaced with noncombustible or fire resistant materials.
4. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible
construction or shall be protected by fire-resistant material pursuant to the Building
Code.
B. All development shall be constructed with adequate water supply and pressure for all
proposed development in compliance with standards established by the Fire Marshal.
C. A permanent fuel modification area shall be required around development projects or
portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire
protection. The required width of the fuel modification area shall be based on applicable
Building and Fire Codes and a Fire Hazard Analysis Study developed by the Fire Marshal.
In the event abatement is not performed, the Council may instruct the Fire Marshal to give
notice to the owner of the property upon which the condition exists to correct the prohibited
condition. If the owner fails to correct the condition, the Council may cause the abatement
to be performed and make the expense of the correction a lien on the property upon which
the conditions exist.
D. Fuel modification areas shall incorporate soil erosion and sediment control measures to
alleviate permanent scarring and accelerated erosion ion .
E. If the Fire Marshal determines in any specific case that difficult terrain, danger of erosion,
or other unusual circumstances make strict compliance with the clearance of vegetation
undesirable or impractical, the Fire Marshal may suspend enforcement and require
reasonable alternative measures designed to advance the purposes of this Chapter.
F. Special construction features may be required in the design of structures where site
investigations confirm potential geologic hazards.
22.xx.xxx - Evaluation of Development Review Application
The Commission shall evaluate a Development Review application for hillside development
based on the following objectives and the required findings for Development Review in
compliance with 22.xx:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-43
Hillside Management 22.xx
A. The preservation of natural topographic features and appearances by means of landform
grading so as to blend manmade or manufactured slopes into the natural topography;
B. The preservation of natural topographic features and appearances through restrictions on
successive padding and terracing of building sites;
C. The retention of major natural topographic features, drainage courses, steep slopes,
watershed areas, vernal pools, view corridors, and scenic vistas;
D. The preservation and enhancement of prominent landmark features, significant ridgelines,
natural rock outcroppings, prominent trees and woodlands, and other areas of special
natural beauty;
E. The utilization of varying setbacks, building heights, foundation designs and compatible
building forms, materials, and colors which serve to blend buildings into the terrain;
F. The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce
grading alterations on steeper slopes;
G. The utilization of building designs, locations, and arrangements which serve to avoid a
continuous intrusive skyline effect and which afford view privacy and protection;
H. The preservation and introduction of plant materials so as to protect slopes from soil erosion
and slippage and minimize the visual effects of grading and construction of hillside areas;
and
I. The utilization of street designs and improvements which serve to minimize grading
alterations and harmonize with the natural contours and character of the hillsides.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-44
CHAPTER 2.XX - LANDSCAPING STANDARDS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - Landscape Plan Requirements
22.xx.xxx - Landscape Area Requirements
22.xx.xxx - Landscape Standards
22.xx.xxx - Landscape Design Guidelines
22.xx.xxx - Purpose
The purpose of this Chapter is to achieve the following:
A. Enhance the aesthetic appearance of development throughout the City by providing
standards related to the quality, and functional aspects of landscaping;
B. Increase compatibility between abutting land uses and public rights -of -way by providing
landscape screening and buffers;
C. Provide for the conservation of water resources through the efficient use of irrigation,
appropriate plant materials, and regular maintenance of landscaped areas; and
D. Protect public health, safety, and welfare by preserving and enhancing the positive visual
experience of the built environment, providing appropriate transition between different
land uses, preserving neighborhood character, and enhancing pedestrian and vehicular
traffic and safety.
22.xx.xxx - Applicability
A. All projects that require approval of either an administrative land use permit or a
discretionary land use permit, except individual detached single-family residences and
common hillside slope areas in tracts, shall provide and maintain landscaping in compliance
with the provisions of this Chapter. Standards for the provision of landscaping within the
public right-of-way in conjunction with a development project are located in Article V,
Chapter 22.xx (Subdivision Design and Improvement Standards).
B. Landscape plans, and plans for the ornamental use of water, including but not limited to
lakes, ponds and fountains, shall be submitted to the Department for review for compliance
with the requirements of this Chapter. Landscaping shall not be installed until the applicant
receives approval of the final landscape plan. Changes to the approved landscape plans that
affect the character or quantity of the plant material or irrigation system design are required
to be resubmitted for approval prior to installation.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-45
Landscaping Standards
22.xx
22.xx.xxx - Landscape Plan Requirements
A. Preliminary Landscape Plan. A Preliminary Landscape Plan shall be submitted as part of
an application for a land use entitlement, for new development, and the significant
expansion or redevelopment of an existing use as determined by the Director.
B. Final Landscape Plan. Following approval of the land use entitlement, a Final Landscape
Plan shall be submitted as part of the application for a Building Permit. Final plans shall be
approved by the Director prior to the start of on -site construction or soil disturbance and
prior to the issuance of a Building Permit. Projects requiring Commission approval due to
their size or use shall require plans be prepared by a licensed landscape architect or licensed
contractor. Evidence shall also be provided that a licensed landscape contractor will be
responsible for plant and irrigation installation.
C. Content. Preliminary Landscape Plans and Final Landscape Plans shall contain information
as specified in the instructions for preparing landscape plans, provided by the Department.
D. Review and approval. After initial application review in compliance with 22.xx.xxx (Initial
Application Review), the Director shall review each Preliminary Landscape Plan and Final
Landscape Plan to verify its compliance with the provisions of this Chapter. The Director
may approve the submittal in compliance with this Chapter, or may disapprove or require
changes to a submittal that is not in compliance.
E. Statement of surety. When required by the Director, a statement of surety in the form of
cash, performance bond, letter of credit, or certificate of deposit, in an amount equal to 120
percent of the total value of all plant materials, irrigation, installation, and maintenance
shall be posted with the City for a two-year period. Statements of surety may also be
required by the Director in conjunction with the approval of a Tree Removal Permit in
compliance with 22.xx.xxx (Tree Removal Permit and Tree Pruning Permit).
22.xx.xxx - Landscape Area Requirements
Landscaping shall be provided in the locations and amounts specified in this Chapter.
A. General requirements. Landscaping shall be provided as follows:
1. Setbacks. All setback and open space areas required by this Development Code shall
be landscaped, except where a required setback is occupied by a sidewalk or driveway
or where a required setback is screened from public view and it is determined by the
Director that landscaping is not necessary to fulfill the purposes of this Chapter.
2. Unused areas. All areas of a project site not intended for a specific use, including pad
sites in shopping centers held for future development, shall be landscaped unless it is
determined by the Director that landscaping is not necessary to fulfill the purposes of
this Chapter.
3. Parking areas. Parking areas shall be landscaped as required by 22.xx (Off -Street
Parking and Loading Standards). Parking lot landscaping, including perimeter
screening, shall not be included to meet the landscape requirements of this Chapter.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-46
Landscaping Standards
22.xx
4. Pools and patios. The surface area of a permanent swimming pool or spa, or uncovered
patio may be included to meet open space requirements for multi -family uses.
B. Specific zone landscaping requirements. Each development shall provide and maintain
landscaped areas in compliance with Table 3-xx for the applicable zoning district.
Landscaped areas are in addition to the landscaping required by Subsection A, above., and
in addition to any pedestrian -oriented open space (e.g., plazas, courtyards, etc.) required
in compliance with 22.xx.xxx (Pedestrian Open Space). Additional landscaping may be
required through the Development Review process to provide visual relief or contrast, or
to screen incompatible features. All required landscaping, irrigation, and equipment shall
be installed prior to final inspection.
C. New single-family residences. New single-family tract developments shall provide
landscaping with an automatic irrigation system for the area of the site between the street
curb and the front of the structure from side property line to side property line. The
landscape design shall include trees, shrubs, and ground cover and shall emphasize water -
conserving plant materials and irrigation to the greatest extent feasible. Turf areas shall be
limited to 50 percent of the total landscaped area.
TABLE 3-xx
MINIMUM LANDSCAPED AREA
BY ZONING DISTRICT
Zoning District
Minimum % of
Site Area
Required to be
Landscaped
RM, RMH, RH
15%
OP, OB, CO
20%
C-1, C-2, C-3
15%
I
10%
22.xx.xxx - Landscape Standards
Landscape areas and materials shall be designed, installed, and maintained as provided by this
Section.
A. General design standards. The following features shall be incorporated into the design of
the proposed landscape and shown on required landscape plans:
1. Landscaping shall be planned as an integral part of the overall project design and not
simply located in excess space after parking areas and structures have been planned;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III
-47
Landscaping Standards
22.xx
2. Pedestrian access to sidewalks or structures should be considered in the design of all
landscaped areas;
3. Landscape planting shall be provided for all adjacent public rights -of -way, in
compliance with Chapter 22.xx (Subdivision Design and Improvement Standards);
4. Landscaping shall be provided throughout parking areas in compliance with 22.xx (Off -
Street Parking and Loading Standards);
5. Landscaping adjacent to driveways and parking shall be protected from vehicle damage
through the provision of minimum six-inch high concrete curbs or other types of barriers
as approved by the Director;
6. Landscaped planter areas shall have a minimum width of five feet;
7. Landscaped areas shall be irrigated in compliance with Subsection C. below;
8. Hddscaped areas shall be kept to the minimum required to provide efficient pedestrian
circulation through a required landscaped area;
9. Where provided, earthen berms shall be a minimum three feet in height; and
10. Where walls or fences are provided as required screening, a minimum 10-foot wide
landscaped area shall be located on the residential side. If the commercial side of the
wall or fence is visible from a street or adjacent property, a five-foot wide landscaped
area shall be provided adjacent to the wall or fence. If adjacent to a parking area, that
area may be counted towards required interior parking lot landscaping.
B. Plant materials. Plant materials shall be selected and installed to comply with the following
requirements:
1. A mix of plant materials shall be provided in compliance with Table 3-xx. Calculations
documenting the required mix shall be shown on the landscape plan;
TABLE 3-XX
REQUIRED MIX OF PLANT MATERIALS
Plant Material
Required
Percentage of Mix
Trees*
24-inch box
20%
15 gallon
80%
Shrubs
5 gallon
70%
1 gallon (herbaceous only)
30%
Groundcover
Coverage within 2 years
100%
*Not to be used for compliance with 22.xx (Tree Preservation and Protection)
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-48
Landscaping Standards
22.xx
2. Plant materials shall emphasize drought -tolerant and/or native species in compliance
with Subsection D (water conservation), below;
3. Trees and shrubs shall be planted so that at maturity they do not interfere with service
lines and traffic safety sight areas;
4. Trees planted near public sidewalks or curbs shall be of a species and installed in a
manner which prevents physical damage to sidewalks, curbs, gutters and other public
improvements;
5. Ground cover shall be of live plant material. Gravel, colored rock, bark, and similar
materials shall be used in combination with a living ground cover. Nonplant materials
may be approved for use in limited areas through the Development Review process
(22.xx); and
6. If existing landscaping is to be retained, a note shall be provided on the plan stating that
"any existing landscaping indicated on the approved landscape plan for retention that
is damaged or removed during construction shall be repaired or replaced in kind with
equivalent size."
C. Irrigation. Landscaped areas shall be supported by a permanent, automatic irrigation
system coordinated to meet the needs of various planting areas and in compliance with the
following standards:
1. Equipment.
a. Anti -drain valves. Integral, under the head, or in -line anti -drain valves shall be
installed as needed to prevent low head drainage.
b. Automatic control valves. Different hydrozones shall be irrigated by separate
valves.
c. Controllers. Automatic control systems shall be required for all irrigation systems
and must be able to accommodate all aspects of the design. Automatic controllers
shall be digital, have multiple programs, multiple cycles, and have sensor input
capabilities.
d. Rain/moisture sensor devices. Rain or moisture sensing override devices may be
required where appropriate.
e. Sprinkler heads. Sprinkler heads shall be selected for proper area coverage,
application rate, operating pressure, and adjustment capability. Sprinklers shall
have matched precipitation/application rates within each control valve circuit.
f. Water meters. Separate landscape water meters or sub -meters may be required for
projects where service includes both landscape and nonlandscape. Landscape sub -
meters, if used, shall be purchased, installed and maintained by the owner.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-49
Landscaping Standards
22.xx
g. Drip irrigation. Drip irrigation systems may be approved if commercial or
agricultural grade materials are used. Components shall be installed below the soil
except for emitters.
2. Runoff and overspray. Irrigation systems shall be designed to avoid runoff, low head
drainage, overspray or other similar conditions where water flows or drifts onto adjacent
property, non irrigated areas, walks, roadways or structures.
22.xx.x x - Waiver of Requirements
A. Director to approve. The Director may approve waivers from the requirements of this
Chapter limited to the following:
Minor modifications to approved landscaping or irrigation plans that comply with the
spirit and intent of these regulations, including, but not limited to, revising or
substituting plant varieties, container sizes, plant locations, irrigation specifications,
hardscape components, berm heights, berm locations, slope features, and similar
changes;
2. Modifications of planting, installation and/or soil preparation details; and
3. Occupancy of structures prior to installation of landscaping due to exceptional and
unforeseen circumstances.
B. Conditions for waivers. In granting a waiver, the Director may impose conditions as
deemed necessary to comply with the spirit and intent of these regulations.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-50
CHAPTER 22.XX - WATER EFFICIENT LANDSCAPE STANDARDS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Definitions
22.xx.xxx - Applicability
22.xx.xxx - Landscaping Documentation Package
22.xx.xxx - Elements of Landscape Documentation Package
22.xx.xxx - Water Efficient Landscaping Criteria
22.xx.xxx - Existing Landscapes
22.xx.xxx - Minor Deviations
22.xx.xxx - Public Education
22.xx.xxx - Purpose
These regulations are established in order to provide minimum standards and guidelines for the
design and installation of landscaping and irrigation systems within specified development
projects. The primary intent is to enhance the visual quality of the environment through suitable
landscape design, planting and maintenance, and therefore to recognize and encourage water
conservation principles and techniques in landscaping.
22.xx.xxx - Definitions
Ecological restoration project. A project where the site is intentionally altered to establish a
defined, indigenous, historic ecosystem.
Estimated annual water use. The annual estimated water use of a landscape that is based upon
irrigation efficiency, precipitation rates, and scheduled length of water applications. This should
be expressed in inches of irrigation water per square foot of landscape area per year.
Evapotranspiration. The total water loss from the soil, including that by direct evaporation and
that by transpiration from the surfaces of plants.
Hydrozone. A portion of the landscaped area having plants with similar water needs that are
served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or
nonirrigated. For example, a naturalized area planted with native vegetation that will not need
supplemental irrigation once established is a nonirrigated hydrozone.
Infiltration rate. The rate of water entry into the soil expressed as a depth of water per unit of
time (inches per hour).
Landscaped area. The entire parcel less the building footprint, access drives, nonirrigated
portions of parking lots, hardscapes (e.g., decks and patios) and other nonporous areas. Water
features are included in the calculation of the landscaped area.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-51
Water Efficient Landscape Standards 22.xx
Mulch. Any material (e.g., leaves, bark, straw, compost, manure, or other materials) left loose
and applied to the soil surface to reduce evaporation.
Overspray. The water that is delivered beyond the landscaped area, wetting pavements, walks,
structures, or other nonlandscaped areas.
Rain sensing device. A system which automatically shuts off the irrigation system when it
rains.
Recreational area. Areas of active play or recreation (e.g., sports fields, school yards, picnic
grounds) or other areas with intense foot traffic.
Rehabilitated landscape. A relandscaping project that requires or is a component of a required
permit, including a Grading Permit, Building Permit, or Conditional Use Permit.
Runoff. Water that is not absorbed by the soil or landscape to which it is applied and flows
from the area. For example, runoff may result from water that is applied at too great a rate
(application rate exceeds infiltration rate) or when there is a severe slope.
Soil moisture sensing device. A device that measures the amount of water in the soil
Turf. A single -bladed grass or sod.
Water efficient irrigation. The scheduling and management of an irrigation system to supply
moisture to a landscape without excess or waste in compliance with the landscape/irrigation
criteria established in this Chapter.
Water efficient landscaping. A landscape that is designed and maintained to function in a
healthful and visually pleasing manner in compliance with the standards provided in this
Chapter. This generally involves the strategic use of plants which have minimal water
requirements for subsistence, plants native to hot/dry environments (xeriscape), and hardscape
to achieve an overall landscape concept that is water conserving.
Wind -sensing device. A device that automatically shuts off the irrigation system during times
of heavy wind.
22.xx.xxx - Applicability
These regulations apply to new and rehabilitated landscaping in conjunction with a
development project, for which landscaping is required, with the following exceptions:
A. Homeowner -provided landscaping at single-family and residential projects;
B. Cemeteries;
C. Historical sites registered with the City
D. Ecological restoration projects that do not require a permanent irrigation system;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-52
Water Efficient Landscape Standards
22.xx
E. Public land or a publicly owned facility;
F. Projects with a landscaped area less than 2,500 square feet;
G. School play yards;
H. Child-care facility play yards; and
I. Golf courses.
22.xx.xxx - Landscape Documentation
A. Submittal required. A landscape documentation package in compliance with 22.xx.xxx
below shall be submitted. No Building Permit or land use permit shall be issued until the
Director reviews and approves the landscape documentation package.
B. Copy of package to be provided. A copy of the approved landscape documentation
package shall be provided to the property owner or site manager along with the record
drawings and other related information.
C. Elements to be included. Each landscape documentation package shall include the
following elements:
1. Landscape design plan;
2. Irrigation design plan;
3. Certificate of substantial completion (To be submitted after installation of the project);
and
4. Other information as deemed necessary by the Director, including, but not limited to,
a grading design plan and/or soil analysis.
22.xx.xxx - Elements of Landscape Documentation Package
A. Landscape design plan. A landscape design plan meeting the following requirements shall
be submitted as part of the landscape documentation package.
1. Plant selection and grouping.
a. Plants having similar water use shall be grouped together in distinct hydrozones.
b. Plants shall be selected appropriately based upon their adaptability to the climatic,
geological, and topographical conditions of the site. Protection and preservation of
native species and natural areas is required in compliance with 22.xx (Tree
Preservation) and 22.xx (Hillside Management).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-53
Water Efficient Landscape Standards
22.xx
c. A list of recommended planting materials shall be kept on file with the Department
and made available upon request. Alternative materials may be used when the
overall landscape plan conforms with the intent of this Chapter.
d. Fire prevention needs shall be addressed in areas that are fire prone.
e. Overall, the landscape design plan shall provide for a water efficient landscape
concept.
2. Water features.
a. Recirculating water shall be used for decorative water features.
b. Pool and spa covers are encouraged.
3. Landscape design plan requirements. The landscape design plan shall be drawn on
project base sheets at a scale that accurately and clearly identifies the following:
a. Designation of hydrozones and a description of water usage within each hydrozone
(i.e., low, moderate, and high irrigation water requirements);
b. Landscape materials, trees, shrubs, groundcover, turf, and other vegetation.
Planting symbols shall be clearly drawn. Plants shall be labeled by botanical name,
common name, container size, spacing, and quantities of each group of plants
indicated;
c. Property lines and street names;
d Streets, driveways, walkways, and other paved areas;
e. Pools, ponds, water features, fences and retaining walls.
f. Existing and proposed structures, including pad elevations if applicable.
g. Natural features including, but not limited to, rock outcroppings and existing trees
and shrubs that will remain;
h. Tree staking, plant installation, soil preparation details, and any other applicable
planting and installation details;
i. A calculation of the total landscaped area and percentage of turf area; and
j. Designation of recreational areas.
B. Irrigation design plan. An irrigation design plan in compliance with the following
requirements shall be submitted as part of the landscape documentation package.
1. Water efficiency. The irrigation design plan shall provide for a water efficient irrigation
system.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-54
Water Efficient Landscape Standards
22.xx
2. Runoff and overspray. Soil types and infiltration rates shall be considered when
designing irrigation systems. Irrigation systems shall be designed to avoid runoff, low
head drainage, overspray, or other similar conditions. Appropriate irrigation equipment
and schedules shall be used to closely match application rates to infiltration. Special
attention shall be given to avoid runoff on slopes and overspray in narrow planting
areas and median strips.
3. Equipment.
a. Water meters. Separate landscape water meters are required for all projects except
single-family homes and projects with a landscaped area less than 5,000 square feet.
b. Controllers. Automatic controllers are required for all irrigation systems and shall
be able to accommodate all aspects of the design.
c. Valves. Plants that require different amounts of water shall be irrigated by separate
valves. If one valve is used for a given area, only plants with similar water use shall
be used in that area. Anti -drain (check) valves shall be installed at strategic points
to minimize or prevent low -head drainage.
d. Sprinkler heads. Heads and emitters shall have consistent application rates within
each control valve circuit. Sprinkler heads shall be selected for proper area coverage,
application rate, operating pressure, adjustment capability, and ease of maintenance.
e. Rain -sensing override devices. Rain -sensing override devices are required on all
irrigation systems.
f. Soil moisture sensing devices. Soil moisture sensing devices shall be
considered where appropriate.
4. Irrigation design plan specifications. The irrigation design plan shall be drawn on
project base sheets. It shall be separate from, but use the same format as, the landscape
design plan. The scale shall be the same as that used for the landscape design plan
outlined in Subsection 22.xx.xxx, above.
Irrigation systems shall be designed to be consistent with hydrozones. The irrigation
design plan shall accurately and clearly identify the following:
a. Location and size of separate landscape water meters;
b. Location, type, and size of all components of the irrigation system including, but not
limited to, automatic controllers, main and lateral lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, and backflow prevention
devices;
c. Static water pressure at the point of connection to the public water supply;
d. Flow rate (gallons per minute), application rate (inches per hour), and design
operating pressure (psi) for each station; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-55
Water Efficient Landscape Standards
22.xx
e. Estimated annual water use expressed in inches per square foot of landscape area
per year.
3. Certificate of substantial completion. Prior to the issuance of a Certificate of
Occupancy, the project proponent shall submit a certificate of substantial completion
utilizing forms provided by the Department. The certificate of substantial completion
shall include results of a static water test and a water coverage test to determine the
adequacy of the installed irrigation system.
22.xx.xxx - Water Efficient Landscape Criteria
Landscape and irrigation plans shall be reviewed for compliance with the water efficient
landscape criteria outlined below. These comprise a point system with points awarded for both
landscape and irrigation techniques. A minimum of 100 points shall be achieved in each
technique category in order for the Director to approve the landscape and irrigation plans.
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - July 1997 III-56
Water Efficient Landscape Standards
22.xx
WATER EFFICIENT LANDSCAPE CRITERIA
TABLE 3-XX
Landscape Techniques
Points
Water conserving plants, and/or plants native
40
to hot/dry summers, utilized in 75 percent of
the total plant area of the landscape.
Turf limited to 30 percent of the total landscape
30
area in residential projects; 20 percent of the
total landscape in all other projects. In no case
shall turf make up more than 50 percent of the
total landscape.
Use of creative, thoughtful, and diverse
30
hydrozones to enhance the overall landscape
design, with plants grouped based on the
amount of water needed to sustain them.
Mulch utilized in the landscape 3 inches
10
minimum.
Hardscape, or nonirrigated surfaces used in at
10
least 10 percent of the total landscape.
Where turf is utilized, the use of a proven
10
water -conserving turf.
Soil amendments to improve water holding
10
capacity of soil incorporated into soil
preparation details.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-57
Water Efficient Landscape Standards
22.xx
WATER EFFICIENT LANDSCAPE CRITERIA
TABLE 3-xx (CONTINUED)
Irrigation Techniques
Points
The total amount of irrigation water applied
40
to all landscape areas does not exceed 42 inches
per square foot of landscape area per year.*
Low-water volume irrigation system.
20
Automatic irrigation system adjusted
20
seasonally and with watering hours between
7:00 p.m. and 10:00 a.m.
Irrigation system designed to water different
20
areas of the landscape based on watering need
(drip/trickle for shrubs, separate valves, etc.).
Sensitive to slope factors.
10
Soil moisture sensors used in conjunction with
10
the automatic irrigation system.
Rain sensors used in conjunction with
10
the automatic irrigation system.
Wind sensors used in conjunction with the
10
automatic irrigation system.
Recommended annual irrigation schedule for
10
informational purposes.
Use of reclaimed or recycled water.
60
" This amount is based upon a formula established by the State Department of Water
Resources which states the maximum applied water budget for landscapes in the San
Gabriel Valley region should be 80 percent of the annual evapotranspiration (53 inches per
year). Therefore: 0.80 x 53 inches = 42 inches.
22.xx.xxx - Existing Landscapes
A. Water waste prohibited. Water waste resulting from inefficient landscape irrigation leading
to excessive runoff, low head drainage, overspray, and other similar conditions where water
flows onto adjacent property, nonirrigated areas, walks, roadways or structures is
prohibited.
B. Maintenance required. Landscape areas shall be maintained in a healthful and sound
condition. Irrigation systems and their components shall be maintained in a fully functional
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-58
Water Efficient Landscape Standards
22.xx
manner consistent with the originally approved design and the provisions of these
regulations.
C. Maintenance schedule. Landscapes shall be maintained to ensure water efficiency. A
regular maintenance schedule shall include, but not be limited to, checking, adjusting, and
repairing irrigation equipment; resetting the automatic controller; aerating and dethatching
turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas.
22.xx.x oc - Public Education
A. Developers of residential units shall provide information to prospective buyers of new
homes regarding water efficient landscaping techniques.
B. Developers of nonresidential units shall provide information to prospective buyers or
tenants regarding water efficient landscaping techniques.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-59
Chapter 22.xx - Noise Control
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Declaration of Policy
22.xx.xxx - Definitions
22.xx.xxx - Enforcement of Regulations
22.xx.xxx - Initial Violations
22.xx.xxx - Activities Exempt from Regulations
22.xx.xxx - Decibel Measurement
22.xx.xxx - Noise Zones Designated
22.xx.xxx - Exterior Noise Standards
22.xx.xxx - Interior Noise Standards for Multi -family
22.xx.xxx - Correction for Certain Types of Sounds
22.xx.xxx - Measurement Methods
22.xx.xxx - Acts Deemed Violations of Chapter
22.xx.xxx - Noise Variance
22.xx.xxx - Purpose
The purpose of this Chapter is to establish standards in order to protect the health, safety,
welfare, and living/working environments of those living and working in the City.
22.xx.xxx - Declaration of Policy
Excessive noise levels are detrimental to the health and safety of individuals. Noise is
considered a public nuisance and the City discourages unnecessary, excessive or annoying
noises from all sources. Creating, maintaining, causing or allowing to be created, caused or
maintained any noise or vibration in a manner prohibited by the provisions of this Chapter is
a public nuisance and shall be punishable as a misdemeanor.
22.xx.xxx - Definitions
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
A weighted sound level. The sound level in decibels as measured on a sound level meter using
the A -weighting network. The level so read is designated dB(A) or dBA.
Ambient noise histogram. The composite of all noise from sources near and far, excluding the
alleged intrusive noise source. In this context, the ambient noise histogram shall constitute the
normal or existing level of environmental noise at a given location.
Cumulative period. An additive period of time composed of individual time segments which
may be continuous or interrupted.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-60
Noise Control 22.xx
Decibel. A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the
base of ten of the ratio of the pressure of the sound measured to the reference pressure, which
is 20 micropascals.
Emergency machinery, vehicle or alarm. Any machinery, vehicle or alarm used, employed,
performed or operated in an effort to protect, provide or restore safe conditions in the
community or for the citizenry, or work by private or public utilities when restoring utility
service.
Emergency work. Work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
Fixed noise source. A stationary device which creates sounds while fixed or motionless,
including, but not limited to, residential, agricultural, industrial and commercial machinery and
equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.
Health care institution. A hospital, convalescent home, or other similar facility that provides
health care, medical treatment, room, board or other services for the ill, retarded, or
convalescent.
Impulsive noise. A sound of short duration, usually less than one second and of high intensity,
with an abrupt onset and rapid decay.
Intrusive noise. The alleged offensive noise that intrudes over and above the existing ambient
noise at the receptor property.
Mobile noise source. A noise source other than a fixed noise source.
Noise disturbance. An alleged intrusive noise that violates an applicable noise standard of this
Chapter.
Noise histogram. A graphical representation of the distribution of frequency of occurrence of
all noise levels near and far measured over a given period of time.
Noise level (LN). The noise level expressed in decibels that exceeds the specified (L,) value as
percentage of total time measured. For example, an L25 noise level means that noise level that
is exceeded 25 percent of the time measured.
Noise -sensitive zone. An area designated for the purpose of ensuring exceptional quiet.
Noise zone. A defined area or region of a generally consistent land use.
Powered model vehicle. A self-propelled airborne, waterborne or landborne plane, vessel or
vehicle which is not designed to carry individuals, including, but not limited to, any model
airplane, boat, car or rocket.
Pure tone noise. A sound that can be judged as audible as a single pitch or a set of single pitches
by the Director. For the purposes of this Chapter, a pure tone shall exist if the one-third octave
band sound -pressure level in the band with the tone exceeds the arithmetic average of the
sound -pressure levels of the two contiguous one-third octave bands by five dB for center
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-61
Noise Control 22 xx
frequencies of 500 Hertz and above, and by eight dB for center frequencies between 160 and 400
Hertz, and by 15 dB for center frequencies less than or equal to 125 Hertz. -
Sound level meter. An instrument, including a microphone, an amplifier, an output meter and
frequency weighting network, for the measurement of sound levels, that satisfies the
requirements pertinent for Type S2A meters in American National Standards Institute
specifications for sound level meters.
Vibration. The minimum ground or structure -borne vibrational motion necessary to cause a
normal person to be aware of the vibration by direct means (e.g., sensation by touch or visual
observations of moving objects). The perception threshold shall be presumed to be a motion
velocity of 0.01 in/sec over the range of one to 100 Hertz.
Weekday. Any day, Monday through Friday, which is not a legal holiday.
22.xx.xxx - Enforcement of Regulations
The Director shall have responsibility for the enforcement of the noise regulations contained in
this Chapter. The Director shall make all noise -level measurements required for the enforcement
of this Chapter.
22.xx.xxx - Initial Violations
In the event of an initial violation of the provisions of this Chapter, a written notice of violation
shall be given the alleged violator, specifying the time by which the condition shall be corrected
or an application for permit or variance shall be filed. No further action shall be taken if the
cause of the violation has been removed, the condition abated, or fully corrected within the time
period specified in the written notice.
22.xx.xxx - Activities Exempt from Regulations
The following activities shall be exempt from the provisions of this Chapter:
A. Emergency exemption. The emission of sound for the purpose of alerting persons to the
existence of an emergency, or the emission of sound in the performance of emergency work.
B. Warning device. Warring devices necessary for the protection of public safety, (e.g., police,
fire and ambulance sirens, and train horns).
C. Outdoor activities. Activities conducted on public playgrounds and public or private school
grounds, including, but not limited to, school athletic and school entertainment events.
D. Motion picture production and related activities. Activities in connection to production
of motion pictures.
E. Railroad activities. All locomotives and rail cars operated by any railroad which is
regulated by the State Public Utilities Commission.
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - July 1997 III-
Noise Control 22•xx
F. Federal or State pre -exempted activities. Any activity, to the extent regulation thereof has
been preempted by State or Federal law. -
G. Public health and safety activities. All transportation, flood control, and utility company
maintenance and construction operations at any time on public right-of-way, and those
situations that may occur on private real property deemed necessary to serve the best
interest of the public and to protect the public's health and well being, including, but not
limited to, street sweeping, debris and limb removal, removal of downed wires, restoring
electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming
catchbasins, removal of damaged poles and vehicles, repair of water hydrants and mains,
gas lines, oil lines, sewers, etc.
H. Motor, vehicles on public right-of-way and private property. All legal vehicles of
transportation operating in a legal manner in compliance with local, State and Federal
vehicle -noise regulations within the public right-of-way or air space, or on private property.
I. Minor maintenance to residential real property. Noise sources associated with the minor
maintenance of residential real property, provided the activities take place between the
hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m.
and 8:00 p.m. on Sunday.
22.xx.xxx - Decibel Measurement
Decibel measurements made in compliance with the provisions of this Chapter shall be based
on a reference sound -pressure of 20 micropascals, as measured with a sound level meter using
the A -weighted network (scale) at slow response, or at the fast response when measuring
impulsive sound levels and vibrations.
22.xx.xxx - Noise Zones Designated
Receptor properties described in this Chapter are assigned to the following noise zones:
A. Noise zone I, noise -sensitive area;
B. Noise zone II, residential properties;
C. Noise zone III, commercial properties; and
D. Noise zone IV, industrial properties.
22.xx.xxx - Exterior Noise Standards
A. Standards for noise zones. Unless otherwise provided in this Chapter, the following
exterior noise standards shall apply to all receptor properties within a designated noise zone:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-63
Noise Control
22.xx
TABLE 3-XX
EXTERIOR NOISE STANDARDS
Designated Noise Zone
Land Use (Receptor
Exterior Noise
Noise Zone
Property)
Time Interval
Level (dB)
I
Noise -sensitive area
Anytime
45
II
Residential properties
10:00 P.M. to 7:00 a.m.
45
(nighttime)
7:00 a.m. to 10:00 p.m.
50
(daytime)
III
Commercial properties
10:00 p.m. to 7:00 a.m.
55
(nighttime)
7:00 a.m. to 10:00 p.m.
60
(daytime)
IV
Industrial properties
Anytime
70
B. Noise standards. No person shall operate or cause to be operated, a source of sound
location within the City or allow the creation of a noise on property owned, leased,
occupied, or otherwise controlled by a person that causes the noise level, when measured
on any other property to exceed the following exterior noise standards:
1. Standard No. 1. Standard No. 1 shall be the exterior noise level that may not be
exceeded for a cumulative period of more than 30 minutes in any hour. Standard No.
1 shall be the applicable noise level from Subsection A; or, if the ambient L50 exceeds the
foregoing level, then the ambient L50 becomes the exterior noise level for Standard No.
1.
2. Standard No. 2. Standard No. 2 shall be the exterior noise level that may not be
exceeded for a cumulative period of more than 15 minutes in any hour. Standard No,
2 shall be the applicable noise level from Subsection A, plus 5dB; or, if the ambient L25
exceeds the foregoing level, then the ambient L25 becomes the exterior noise level for
Standard No. 2.
3. Standard No. 3. Standard No. 3 shall be the exterior noise level that may not be
exceeded for a cumulative period of more than 5 minutes in any hour. Standard No. 3
shall be the applicable noise level from Subsection A, plus 20dB; or, if the ambient L8_,
exceeds the foregoing level, then the ambient L8.3 becomes exterior noise level for
Standard No. 3.
4. Standard No. 4. Standard No. 4 shall be the exterior noise level that may not be
exceeded for a cumulative period of more than one minute in any hour. Standard No.
4 shall be the applicable noise level from Subsection A, plus 15dB; or, if the ambient Ll.,,
exceeds the foregoing level, then the ambient L1.7 becomes the exterior noise level for
Standard No. 4.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-64
Noise Control
22.xx
5. Standard No. 5. Standard No. 5 shall be the exterior noise level that may not be
exceeded for any period of time. Standard No. 5 shall be the applicable noise level from
Subsection A, plus 2OdB; or, if the ambient Lo exceeds the foregoing level then the
ambient L1.7, becomes the exterior noise level for Standard No. 5.
C. Noise at zone boundaries. If the measurement location is on a boundary property between
two different zones, the exterior noise level used in Subsection B to determine the exterior
standard shall be the arithmetic mean of the exterior noise levels, as specified in Subsection
A, of the subject zones. Except as provided for in this Subsection, when an intruding noise
source originates on an industrial property and is impacting another noise zone, the
applicable exterior noise level as designated in Subsection A shall be the daytime exterior
noise level for the subject receptor property.
D. Measurement of ambient noise histogram. The ambient noise histogram shall be measured
at the same location along the property line utilized in Subsection B of this Section, , with the
alleged intruding noise source inoperative. If for any reason the alleged intruding noise
source cannot be turned off, the ambient noise histogram will be estimated by performing
a measurement in the same general area of the alleged intruding noise source but at a
sufficient distance so that the noise from the alleged intruding noise source is at least 10 dB
below the ambient noise histogram. If the difference between the ambient noise histogram
and the alleged intruding noise source is 5 to 10 dB, then the level of the ambient noise
histogram itself can be reasonably determined by subtracting a one decibel correction to
account for the contribution of the alleged intruding noise source.
E. Abatement notice in lieu of citation. If the intrusive noise exceeds the exterior noise
standards provided in Subsections B and C of this Section at a specific receptor property and
the Director has reason to believe that this violation was unanticipated and due to abnormal
atmospheric conditions, the Director shall issue an abatement notice in lieu of a citation. If
the specific violation is abated, no citation shall be issued. If the specific violation is not
abated, the Director may issue a citation.
22.xx.xxx - Interior Noise Standards for Residential Uses
A. Noise standards for residential units. No person shall operate or cause to be operated
within a residential unit, any source of sound, or allow the creation of any noise, that causes
the noise level when measured inside a neighboring receiving residential unit to exceed the
following standards:
1. Standard No.1. The applicable interior noise level from Subsection B, for a cumulative
period of more than 5 minutes in any hour;
2. Standard No. 2. The applicable interior noise level from Subsection B, plus 5 dB for a
cumulative period of more than one minute in any hour; or
3. Standard No. 3. The applicable interior noise level from Subsection B, plus 10 dB or the
maximum measured ambient noise level for any period of time.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-65
Noise Control
22.xx
B. Interior noise levels. The following interior noise levels for residential -dwellings shall apply
within all single-family and dwellings with windows in their normal seasonal configuration.
Noise Zone Designated Land Use Allowable Interior Noise Level(dB)
All Residential 40
If the measured ambient noise level reflected by the L50 exceeds that permissible within any
of the interior noise standards in Subsection 22.xx.xxx.A. (Standards for noise zones), the
allowable interior noise level shall be increased in 5 dB increments in each standard as
appropriate to reflect the ambient noise level (L50)•
C. Residential design requirements.
1. Whenever a residential project is to be developed on a site where the existing exterior
ambient noise level exceeds 65 dBA, a detailed analysis of noise reduction requirements
shall be made and the developer shall incorporate noise mitigation features into the
design of the structure(s) that will ensure interior noise levels at, or below, 40 dBA
CNEL.
2. All residential developments shall consider the following noise mitigation measures
whenever appropriate:
a. Increase the distance between the noise source and receiver,
b. Locate land uses not sensitive to noise (i.e., parking lots, garages, utility areas, etc.)
between the noise source and the receiver;
c. Locate bedrooms on the side/rear of the structure away from major rights -of -way;
and
d. Provide quiet outdoor spaces in multi -family projects next to a noisy right-of-way
by creating a U-shaped development that faces away from the noise source.
22.xx.xxx - Correction for Certain Types of Sounds
For any source of sound that emits a pure tone or impulsive noise, the noise levels provided in
Sections 22.xx.xxx (Exterior noise standards) and 22.xx.xxx (Interior noise standards) shall be
reduced by 5 decibels.
22.xx.xxx - Measurement Methods
A. A weighting scale. The noise level shall be measured at positions on the receiver's property
utilizing the A -weighting scale of the sound -level meter and the slow meter response (use
fast response for impulsive type sounds).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-66
Noise Control
22.xx
B. Microphone location. The microphone shall be located four to five feet above the ground
and 10 feet or more from the nearest reflective surface except in those cases where another
elevation is deemed appropriate.
C. Interior noise. Interior noise measurements shall be made within the affected residential
unit. The measurements shall be made at a point at least four feet from the wall, ceiling or
floor nearest the noise source, with windows in their normal seasonal configuration.
Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be
performed immediately prior to recording any noise data.
22. xxxx - Acts Deemed Violations of Chapter
The following acts are a violation of this Chapter.
A. Construction noise.
1. Operating or causing the operation of any tools or equipment used in construction,
drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and
7:00 a.m., or at any time on Sundays or holidays, so that the sound creates a noise
disturbance across a residential or commercial property line, except for emergency work
of public service utilities is prohibited.
2. Construction activities shall be conducted in a manner that the maximum noise levels
at the affected structures will not exceed those listed in the following schedule:
a. Residential structures:
1) Mobile equipment. Maximum noise levels for nonscheduled, intermittent,
short-term operation (less than ten days) of mobile equipment shall be as
follows:
Time Interval
Single -family
Residential
Multi -family
Residential
Semi -
residential/
Commercial
Daily, except Sundays and
legal holidays,
7:00 a.m. to 8:00 p.m.
75dBA
80dBA
85dBA
Daily, 8:00 p.m. to 7:00 a.m.
and all day Sunday and
legal holidays
60dBA
64dBA
70dBA
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-67
Noise Control
22.xx
2) Stationary equipment. Maximum noise level for repetitively scheduled and
relatively long-term operation (periods often days or- more) of stationary
equipment shall be as follows:
Single-family
Multi -family
Semi -
Time Interval
Residential
Residential
residential/
Commercial
Daily, except Sundays and
legal holidays,
7:00 a.m. to 8:00 p.m.
60dBA
65dBA
70dBA
Single-family
Multi -family
Semi -
Time Interval
Residential
Residential
residential/
Commercial
Daily, 8:00 p.m. to 7:00 a.m.
and all day Sunday and
legal holidays
50dBA
55dBA
60dBA
b. Nonstructures. Mobile equipment. Maximum noise levels for nonscheduled,
intermittent, short-term operation of mobile equipment: Daily, including Sundays
and legal holidays, all hours: maximum of 85dBA.
3. All mobile or stationary internal combustion engine powered equipment or machinery
shall be equipped with suitable exhaust and air-intake silencers in proper working order.
4. In case of a conflict between this Chapter and any other ordinance regulating
construction activities, the provisions of a more specific ordinance regulating
construction activities shall control.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-68
Noise Control
22.xx
B. Forced -air blowers in tunnel car washes.
Operating or permitting the operation of a forced -air blower in a tunnel car wash between the
hours of 7:00 a.m. and 8:00 p.m. in a manner that exceeds the following sound levels is
prohibited:
Units Installed
Before 1-1-80
On or After 1-1-80
Measurement Location
Any point on
contiguous receptor
property, five feet above
grade level, no closer
than three feet from any
wall:
Residential
65 dBA
55 dBA
Commercial/Industrial
70 dBA
60 dBA
C. Gas powered blowers. Gas -powered blowers (leaf/debris blower) shall not be used within
500 feet of a residence at any time with the exception of leaf vacuum devices that operate at
a sound level not exceeding 45 dB(A).
D. Loading and unloading operations. Loading, unloading, opening, closing or other handling
of boxes, crates, containers, building materials, garbage cans or similar objects between the
hours of 10:00 p.m. and 6:00 a.m. in a manner to cause a noise disturbance is prohibited.
E. Noise disturbances in noise -sensitive zones. Creating or causing the creation of a noise
disturbance within a noise -sensitive zone is prohibited, provided that conspicuous signs are
displayed indicating the presence of the zone. Noise -sensitive zones shall be indicated by
the display of conspicuous signs in at least three separate locations within 500 feet of the
institution or facility.
F. Places of public entertainment. Operating, playing or permitting the operation or playing
of a radio, television, phonograph, drum, musical instrument, sound amplifier or similar
device that produces, reproduces, or amplifies sound in a place of public entertainment at
a sound level greater than 95dBA, (read by the slow response on a sound level meter) at any
point that is normally occupied by a customer is prohibited, unless conspicuous signs are
located near each public entrance, stating "Warning: Sound Levels Within May Cause
Hearing Impairment."
G. Powered model vehicles. Operating or permitting the operation of powered model vehicles
that create a noise disturbance across a residential property line, or within a noise -sensitive
zone between the hours of 8:00 p.m. and 7:00 a.m. the following day is prohibited.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-69
Noise Control
22.xx
H. Emergency signaling devices.
1. The intentional sounding or permitting the sounding outdoors of an emergency sig-
naling device, including fire, burglar or civil defense alarm, siren, whistle, or similar
stationary emergency signaling device, except for emergency purposes or for testing is
prohibited.
2. Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or
after 7:00 p.m. Testing shall use only the minimum cycle test time. Test time shall not
exceed 60 seconds. Testing of the complete emergency signaling system, including the
functioning of the signaling device, and the personnel response to the signaling device,
shall not occur more than once in each calendar month. Testing shall not occur before
7:00 a.m. or after 10:00 p.m.
I Sounding or permitting the sounding of an exterior burglar or fire alarm, or motor
vehicle burglar alarm is prohibited, unless the alarm is terminated within 10 minutes of
activation.
I. Stationary nonemergency signaling devices. Sounding or permitting the sounding of an
electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device
intended primarily for nonemergency purposes, from any place, for more than 10
consecutive seconds in any hourly period is prohibited.
J. Refuse collection vehicles.
1. Operating or permitting the operation of the compacting mechanism of any motor
vehicle that compacts refuse and which creates, during the compacting cycle, a sound
level in excess of 86 dBA when measured at 50 feet from any point of the vehicle is
prohibited.
2. Collecting refuse, or operating or permitting the operation of the compacting mechanism
of a motor vehicle that compacts refuse between the hours of 10:00 p.m. and 6:00 a.m.
the following day within 500 feet of a residential area or noise -sensitive zone is
prohibited.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-70
Noise Control
22.xx
K. Residential air conditioning or refrigeration equipment. Operating or permitting the
operation of air conditioning or refrigeration equipment in a manner that exceeds the
following sound levels is prohibited:
Units Installed
Units Installed
On or After
Measurement Location
Before 1-1-80
1-1-80
Any point on neighboring property line, 5 feet
above grade level, no closer than 3 feet from any
60 dBA
55 dBA
wall.
Center of neighboring patio, 5 feet above grade
level, no closer than 3 feet from any wall.
55 dBA
50 dBA
Outside the neighboring living area window
nearest the equipment location, not more than 3
feet from the window opening, but at least 3 feet
from any other surface.
55 dBA
50 dBA
L. Street sales. Offering for sale, selling anything, or advertising by shouting or outcry within
a residential or commercial area or noise -sensitive zone in the City is prohibited.
M. Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any
motor vehicle, motorcycle or motorboat in a manner as to cause a noise disturbance across
property lines or within a noise -sensitive zone is prohibited.
N. Vibration. Operating or permitting the operation of any device that creates vibration which
is above the vibration perception threshold of any individual at or beyond the property
boundary of the source if on private property, or at 150 feet from the source if on a public
space or public right-of-way is prohibited. The perception threshold shall be a motion
velocity of 0.01 in/sec over the range of one to 100 Hertz.
22.xx.xxx - Delay in Compliance
The Director may grant a delay in the compliance with the requirements of this Chapter for a
period of not to exceed two years, subject to any terms, conditions, or requirements to minimize
adverse effects on the surrounding neighborhood. A delay in compliance may be granted only
if one of the following conditions apply:
A. Additional time is necessary for the applicant to alter or modify his activity, operation or
noise source to comply with this Chapter; or
B. The activity, operation or noise source cannot feasibly be done in a manner that would
comply with the provisions of this Chapter, and no other reasonable alternative is available
to the applicant at this time.
e
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-71
CHAPTER 22.XX - OFF-STREET PARKING AND LOADING
STANDARDS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - General Parking Regulations
22.xx.xxx - Number of Parking Spaces Required
22.xx.xxx - Adjustments to Off -Street Parking Requirements
22.xx.xxx - Disabled/Handicapped Parking Requirements
22.xx.xxx - Development Standards for Off -Street Parking
22.xx.xxx - Driveways and Site Access
22.xx.xxx - Temporary Parking Lots
22.xx.xxx - Bicycle Parking
22.xx.xxx - Off -Street Loading Space Requirements
22.xx.xxx - Purpose
The purpose of this Chapter is to provide off-street parking and loading standards to:
A. Provide for the general welfare and convenience of persons within the City by ensuring
sufficient parking facilities to meet the needs generated by specific uses;
B. Provide accessible, attractive, secure, and well -maintained off-street parking and loading
facilities;
C. Increase public safety by reducing congestion on public streets;
D. Ensure access and maneuverability for emergency vehicles, and
E. Provide loading and delivery facilities in proportion to the needs of allowed uses
22.xx.xxx - Applicability
Every use, including a change or expansion of a use or structure shall have appropriately
maintained off-street parking and loading areas in compliance with the provisions of this
Chapter. A use shall not be commenced and structures shall not be occupied until
improvements required by this Chapter are satisfactorily completed.
22.xx.xxx - General Parking Regulations
A. Parking and loading spaces to be permanent. Parking and loading spaces shall be
permanently available, marked and maintained for parking or loading purposes for the use
they are intended to serve. The approval of a Temporary Use Permit may allow the
temporary reduction of parking or loading spaces in compliance with 22.xx.xxx (Allowed
Temporary Uses).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-72
Off -Street Parking and Loading Standards
22.xx
B. Parking and loading to be unrestricted. Owners, lessees, tenants or persons having control
of the operation of a premises for which parking or loading spaces are required by this
Chapter shall not prevent, prohibit or restrict authorized persons from using these spaces
without prior approval of the Director.
C. Vehicles for sale. Vehicles, trailers or other personal property shall not be parked on private
property for the purpose of displaying the vehicle, trailer, or other personal property for
sale, hire, or rental, unless the property is appropriately zoned, and the person or business
at that location is licensed to sell vehicles, trailers, or other personal property. However, one
vehicle or trailer owned by the owner, renter, or lessee of the property may be displayed for
the purpose of sale.
D. Nonconforming status. Existing uses or structures shall not be deemed to be
nonconforming solely because of the lack of off-street parking or loading spaces or parking
lot improvements; provided that facilities being used for off-street parking or loading as of
the date of adoption of this Chapter shall not be further reduced in number. Structures with
parking or loading space deficiencies shall be permitted to be occupied by new uses allowed
in the zoning district provided that:
1. The new use has the same or lesser parking or loading space requirement as the existing
or previous use; or
2. If the new use has a greater requirement than the existing or previous use, a sufficient
number of additional parking or loading spaces have been provided to accommodate
the increased amount of spaces required for the new use.
If an existing use is underparked by 25 percent or more, a parking analysis study may be
required by the Director.
22.xx.xxx - Number of Parking Spaces Required
Each use shall provide at least the minimum number of off-street parking spaces required by this
Chapter, except where a greater number of spaces is required through land use entitlement
approval or where an exception has been granted through approval of a discretionary permit.
A. Parking requirements by land use. Each land use shall be provided the number of off-street
parking spaces required by Table 3-xx. Additional spaces may be required/approved
through discretionary entitlement approval.
B. Expansion of structure, change in use. When a structure is enlarged or increased in
capacity or intensity, or when a change in use requires more off-street parking, additional
parking spaces shall be provided in compliance with this Chapter. Also see 22.xx.xxx.D.
(Nonconforming status) above.
C. Multi -tenant sites. A site with multi -tenants shall provide the aggregate number of parking
spaces required for each separate use; except where the site is developed as a recognized
shopping center, the parking ratio shall be that required for the shopping center as a whole
as provided in Table 3-xx. When a multi -tenant shopping center includes uses whose
parking requirements are greater than a typical shopping center (e.g., theaters, restaurants)
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-73
Off -Street Parking and Loading Standards
22.xx
additional parking shall be required unless a specific parking reduction is approved in
compliance with 22.xx.xxx (Adjustments to Off -Street Parking Requirements).
D. Uses not listed. Land uses not specifically listed by Subsection A. (Parking requirements
by land use), above, shall provide parking as required by the Director. The Director shall use
the requirements of Subsection A. as a guide in determining the minimum number of off-
street parking spaces to be provided.
E. Excessive parking. Off-street parking spaces in excess of the requirements in Table 3-xx
may be approved in conjunction with a discretionary entitlement, and when additional
landscaping and pedestrian improvements are also provided.
R Bench or bleacher seating. Where fixed seating is provided in the form of benches or
bleachers, a seat shall be construed to be not less than 18 inches of continuous bench space
for the purpose of calculating the number of required parking spaces.
G. Company -owned vehicles. The number of parking spaces required by this Chapter does
not include spaces needed for the parking of company -owned vehicles. Parking spaces for
company -owned vehicles shall be provided in addition to the requirements for a particular
land use.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-74
Off -Street Parking and Loading Standards
22.xx
TABLE 3-XX
PARKING REQUIREMENTS BY LAND USE
Land Use Type:
Manufacturing Processing and
Vehicle Spaces Required
Warehousing
General manufacturing, industrial and
2 spaces for each 1,000 sq.ft. of gross floor area
processing uses
for the first 25,000 sq.ft.; and 1 space for each
1,000 sq.ft. thereafter. The gross floor area shall
include incidental office space comprising less
than 20% of the total gross floor area. The
parking requirements for additional office space
shall be calculated separately as provided by
this table for "Offices."
Recycling facilities
Determined by Conditional Use Permit.
Research and development, laboratories
1 space for each 250 sq.ft. of gross floor area,
plus 1 space for each company vehicle.
Warehouses and storage facilities.
1 space for each 1,000 sq.ft. of gross floor area
for the first 20,000 sq.ft., and 1 space for each
2,000 sq.ft. thereafter. The gross floor area shall
include incidental office space comprising less
than 10% of the total gross floor area. The
parking requirements for additional office space
shall be calculated separately as provided by
this table for "Offices."
Wholesale and distribution operations not used
1 space for each 1,000 sq.ft. of gross floor area
exclusively for storage.
for the first 10,000 sq.ft., and 1 space for each
2,000 sq.ft. thereafter. The gross floor area shall
include incidental office space comprising less
than 20% of the total gross floor area. The
parking requirements for additional office space
shall be calculated separately as provided by
this table for "Offices."
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-75
Off -Street Parking and Loading Standards
22.xx
TABLE 3-Xx
PARKING REOUIREMENTS BY LAND USE (CnntirniPril
Land Use Type:
Recreation, Education, Public Assembly
Vehicle Spaces Required
Child day-care
Centers
1 space for each 10 children, plus one space for
each employee, plus one space for each vehicle
used in conjunction with the use, plus
permanent drop-off area as approved by the
Director.
1 space for each employee, in addition to the
Large family day-care homes
re uired residential spaces.
Churches, other places of worship, and
mortuaries
1 space for each 3 seats or 1 space for every 35
sq.ft. of gross assembly area, classrooms,
meeting rooms, etc.
Cinemas
1 space for each 3 seats, plus 1 space for each
employee on largest shift.
Golf courses
10 spaces for each hole; plus clubhouse spaces
as required for restaurants, bars, indoor
recreation/fitness centers, etc.
Golf driving ranges
2 spaces for each tee.
Indoor recreation/fitness centers
Arcades
1 space for each 200 s .ft. of gross floor area
5 spaces for each lane, plus required spaces for
Bowling alleys
ancillary uses.
1 space for each 150 sq.ft. of gross floor area.
Health/fitness clubs
2 spaces for each table, plus required space for
Pool and billiard rooms
ancillary uses.
1 space for each 400 sq.ft. of gross floor area for
Skating rinks
public use, plus required spaces for ancillary
uses.
Libraries, museums, art galleries
1 space for each 500 sq.ft. of gross floor area,
lus 1 s ace for each official vehicle.
Outdoor commercial recreation
Determined by Conditional Use Permit
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-76
Off -Street Parking and Loading Standards
22.xx
TABLE 3-XX
PARKING REOUIREMENTS BY LAND USE (Continued)
Land Use TXpe:
Recreation, Education, Public Assembly
Vehicle Spaces Required
(Continued)
Schools (public and private)
Elementary/junior High
3 spaces for each classroom, plus 1 space for
every 200 sq.ft. of assembly area in an
auditorium.
3 spaces for each classroom, plus 1 space for
High School
every 6 students
Determined by Conditional Use Permit.
College
Trade and business schools
1 space for every 50 sq.ft. of gross classroom
floor area.
Studios for dance and art
1 space for each 200 sq.ft. of gross floor area.
Tennis/racquetball/handball or other courts
2 spaces for each court, plus 1 space for each 300
sq.ft. of floor area for ancillary uses.
Performance theaters, meeting halls and
1 space for each 3 seats, or 1 space for every 50
membership organizations.
sq.ft. of gross assembly or viewing area, plus
ancillary uses (e.g. bar restaurant).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-77
Off -Street Parking and Loading Standards
22.xx
TABLE 3-XX
PARKING REOUIREMENTS BY LAND USF. (CnniimiPr11
Land Use Type:
Residential Uses
Vehicle Spaces Required
Group Quarters
1 space for each bed, plus 1 space for each 8
(Including boarding houses, rooming houses,
beds for guest parking,1 space for each
dormitories, and organizational houses)
employee on largest shift.
Duplex housing units
2 spaces for each unit in a garage.
Mobil homes (in M.H. parks)
2 spaces for each mobile home (tandem parking
allowed in an attached carport), plus guest
parking.*
Multi -family dwelling, condominiums and
studio units -1 space for each unit in a garage,
other attached dwellings._plus
guest parking.*
1 bedroom or more - 2 spaces in a garage for
each unit, plus 0.5 additional spaces for each
bedroom over 2, plus guest parking.*
Mixed -use developments
Determined by Conditional Use Permit.
Secondary residential units
1 space in addition to that required for a single-
family unit.
Senior housing projects
1 space for each unit with half the spaces
covered, plus 1 guest parking space for each 10
units.
Senior congregate care facilities
0.5 space for each residential unit, plus 1 space
for each 4 units for guests and employees.
Single-familySingle7family housing
2 spaces in a fully enclosed garage.
*Guest parking shall be provided at the ratio of 1 space for each 4 required parking spaces. Spaces
shall be dispersed evenly throughout the project and clearly marked for guest parking only.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-78
Off -Street Parking and Loading Standards
22.xx
TABLE 3-XX
PARKING REQUIREMENTS BY LAND USE (Continued)
Land Use Type:
Retail Trade
Vehicle Spaces Required
Automobile, mobile home, vehicle, machinery
1 space for each 400 sq.ft. of gross floor area,
and parts sale
plus 1 space for each 3,000 sq.ft. of outdoor
display, service area, plus 1 space for each 300
sq.ft. of gross floor area for a parts department,
lus 1 s ace for each 2 employees.
Banks and financial services
1 space for each 300 sq.ft. of gross floor area.
Building materials, hardware stores and plant
1 space for each 300 sq.ft. of indoor display area,
nurseries
plus 1 space for each 1,000 sq.ft. of outdoor
dis la area.
Convenience stores
1 space for each 250 sq.ft. of gross floor area.
Restaurants (except fast food), cafes, cafeterias,
1 space for each 75 sq.ft. of gross floor area for
nightclubs, taverns, lounges or similar
patrons, plus 1 space for each 300 sq.ft. of
establishments for the consumption of food and
service area, plus one space for each 100 sq.ft. of
beverages on the remises.
outdoor dining area.
Restaurants, fast food
1 space for each 100 sq.ft. of gross floor area,
plus 1 space for each 100 sq.ft. of outdoor dining
area.
Restaurants, delicatessens, take out only, no
1 space for each 250 sq.ft. of gross floor area.
customer seating
Retail stores
General merchandise
1 space for each 250 sq.ft. of gross sales area,
plus 1 space for each 600 sq.ft. of storage area,
and 1 space for each company vehicle, plus 1
space for each 1,000 sq. ft. of outdoor display
area.
1 space for each 500 sq.ft. of gross floor area and
Appliance, furniture and bulk goods stores
1 space for each company vehicle, plus 1 space
for each 1,000 sq. ft. of outdoor display area.
Shopping centers (shall use unsegregated
1 space for each 200 sq.ft. of gross floor area for
parking area)
centers of less than 20,000 sq.ft. and 1 space for
each 250 sq.ft. of gross floor area for centers of
20,000 to 50,000 sq. ft., and 1 space for each 300
sq. ft of gross floor area for centers over 50,000
sq. ft., plus 1 space for each 1,000 sq. ft. of
outdoor display area.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-79
Off -Street Parking and Loading Standards
22.xx
TABLE 3-XX
PARKING REQUIREMENTS BY T.ANn T NP WrmfiniioA
Land Use Type:
Service Uses
Vehicle S aces Re wired
Bed and Breakfast Inns
1 space for each guest room, in addition to the
required parking for the residential use.
Copy and reproduction centers
1 space for each 400 sq.ft. of gross floor area.
Consumer products - repair and maintenance
1 space for each 250 sq.ft. of gross floor area
Depots: bus, freight, or rail
Determined by Conditional Use Permit
Equipment rental
1 space for each 300 sq.ft. of floor area, plus 1
space for each 1,000 sq.ft. of outdoor use area.
Hotels and motels
1 space for each guest room, plus 1 space for
each 2 employees on largest shift, plus required
spaces for a cessory uses.
Medical services
Clinics, medical/dental offices
1 space for each 250 sq.ft. of gross floor area.
1 space for each 3 beds the facility is licensed to
Extended care (elderly, skilled nursing
facilities and residential care homes)
accommodate
1 space for each patient bed the facility is
Hospitals
licensed to accommodate, plus 1 space for each
400 sq.ft. of office area, plus required spaces for
ancillary uses as determined by the Director.
1 space for each 300 sq.ft. of gross floor area.
Medical/dental labs
Offices, administrative, corporate
1 space for each 400 sq.ft. of gross floor area.
Pet grooming
1 space for each 400 sq.ft. of gross floor area.
Personal services
Barber/beauty shops (and other personal
1 space for each 250 sq.ft. of gross floor area.
services: tattoo studios, massage therapy)
Kennels and animal boarding
1 space for each 500 sq.ft. of gross floor area,
plus 1 space for each 800 sq.ft. of boarding area,
lus 1 s ace for each employee
Laundries and dry cleaning plants
1 space for each 1,000 sq.ft. of gross floor area.
Dry cleaning pick-up facilities
1 space for each 400 sq.ft. of activity area, plus 1
space for each 1,000 s . ft of storage area.
Laundromats
1 s ace for each 250 sq.ft. of gross floor area.
Laboratories and research/development
1 space for each 300 sq.ft. of gross floor area
facilities
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-80
Off -Street Parking and Loading Standards
22.xx
TABLE 3-XX
PARKING REQUIREMENTS BY LAND USE (Continued)
Land Use Type:
Service Uses
Vehicle Spaces Required
Service stations
1 space for each 250 sq.ft. of gross floor area;
lus 3 s aces for each service bay.
Storage, personal storage facilities
4 spaces for manager office.
Vehicle repair and maintenance
Repair garage
4 spaces for each service bay, plus adequate
queuing lanes for each bay, plus 1 space for
each 2 employees on the largest shift.
2.5 spaces for each washing stall, for queuing
Self-service vehicle washing
and
10 spaces, plus 10 spaces for each wash lane for
drying area, plus queuing area for 5 vehicles
Full -service vehicle washing
ahead of each lane exclusive of fueling areas.
Veterinary clinics and hospitals
1 space for each 250 sq.ft. of gross floor area,
plus 1 space for each 800 sq.ft. of boarding area.
22.xx.xoc - Reduction of Off -Street Parking Requirements for Shared Use
Where two or more nonresidential uses are developed as a recognized shopping or professional
center and two or more uses have distinct and differing peak parking usage periods, (e.g. a
theater and a bank), a reduction in the required number of parking spaces may be allowed
through the approval of a Parking Permit, provided that the most remote space is located within
300 feet of the use it is intended to serve (as measured along the most direct pedestrian path).
The amount of reduction may be up to the amount of spaces required for the least intensive of
the two or more uses sharing the parking.
A shared parking analysis may be required by the Director to support a request for a parking
reduction.
22.xx.xxx - Disabled/Handicapped Parking Requirements
Parking areas shall include parking spaces accessible to the disabled as follows:
A. Number of spaces, design standards. Parking spaces for the disabled shall be provided in
compliance with Section 1129B of the Uniform Building Code (UBC).
B. Reservation of spaces required. Disabled accessible spaces required by this Chapter shall
be reserved by the property owner/tenant for use by the disabled throughout the life of the
approved land use.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-81
Off -Street Parking and Loading Standards
22.xx
C. Upgrading of markings required. If amendments to State law change standards for the
marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall
be upgraded in compliance with the new State standards. Upgrading shall be completed by
affected property owners within 60 days of being notified in writing by the Department of
new State standards.
D. Fulfilling parking requirements. Disabled accessible parking spaces required by this
Chapter shall count toward fulfilling off-street parking requirements.
22.xx.xxx - Development Standards for Off -Street Parking
Off-street parking areas shall be provided as follows:
A. Access to parking: Access to off-street parking areas shall be provided in the following
manner:
1. Parking areas shall provide suitable maneuvering room so that vehicles enter an
abutting street in a forward direction. Parking lots shall be provided so as to prevent
access at any point other than at designated access drives. The Director may approve
exceptions for single-family homes and duplexes;
2. Industrial uses located on arterial streets and commercial uses that provide 50 or more
parking spaces shall have access driveways that are not intersected by a parking aisle,
parking space, or another access driveway for a minimum distance of 50 feet from the
street right-of-way line.
3. Access driveways for multi -family residential uses shall not allow parking within a
required setback area.
4. A minimum unobstructed clearance height of 14 feet shall be maintained above areas
accessible to vehicles.
B. Access to adjacent sites. Applicants for nonresidential developments are encouraged to
provide shared vehicle and pedestrian access to adjacent nonresidential properties to
provide for convenience, safety, and efficient circulation. A joint access agreement running
with the land shall be recorded by the owners of the abutting properties, as approved by the
Director, guaranteeing the continued availability of the shared access between the
properties;
C. Location. Off-street parking areas shall be located as follows:
1. Parking spaces shall be accessible by drives and aisles in compliance with Table 3-xx;
2. Required parking shall be located on the same parcel as the uses served, except that
parking may be located on a parcel adjacent to the parcel served subject to a recorded
covenant running with the land recorded by the owner of the parking lot guaranteeing
that the required parking will be maintained for the use or activity served; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-82
Off -Street Parking and Loading Standards
22.xx
3. Carpool and bicycle spaces shall be located as close as is practical to the entrance(s) to
the use they are intended to serve. Spaces shall be situated so that they do not obstruct
the flow of pedestrians at entrances or sidewalks.
D. Parking space and lot dimensions.
1. General requirements for residential uses. Minimum parking dimensions shall be as
indicated in Table 3-xx and as illustrated by Figure 3.xx.
TABLE 3-XX
MINIMUM PARKING STALL DIMENSIONS
RESIDENTIAL USES
Standard Stall
Compact Stall
Length 7-Width
Length Width
Garage (interior dimension)
20 feet
10 feet.
N/A
N/A
Uncovered Spaces
Spaces shall conform to the standards in Table
3-xx.
N/A
N/A
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-83
Off -Street Parking and Loading Standards
22.xx
2. General requirements for nonresidential uses. Minimum parking dimensions shall be
as indicated in Table 3-xx and as illustrated by Figure 3-xx.
TABLE 3-XX
MINIMUM PARKING STALL AND LOT DIMENSIONS
Standard Parking Stall Dimensions
Width
18 feet including bumper overhang I
8.5 feet
See H.5. (below)
One -Way Traffic and Double -Loaded Aisles
Parking angle
(degrees)
Stall depth, with
bumper overhang
Aisle width
(travel lane)
Total bay width
30
16 feet
12 feet
44 feet
45
19 feet
14 feet
52 feet
60
20 feet
20 feet
60 feet
90
18 feet
26 feet
62 feet
Two -Way Traffic and Double -Loaded Aisles
Parking angle
(degrees)
Stall depth, with
bumper overhang
Aisle width
(travel lane)
Total bay width
30
16 feet
26 feet
58 feet
45
19 feet
26 feet
64 feet
60
20 feet
26 feet
66 feet
90
18 feet
26 feet
62 feet
3. Parallel parking spaces. Parallel parking spaces shall have minimum width of 9 feet
and a minimum length of 24 feet. Aisle widths shall be 12 feet for one-way traffic and
26 feet for two-way traffic.
E. Drainage.
1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels; and
2. Parking lots shall be designed in compliance with the storm water quality and quantity
standards of the City's Best Management Practices.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-84
Off -Street Parking and Loading Standards
22.xx
F. Directional arrows and signs:
1. In parking facilities containing 40 or more parking spaces, aisles, approach lanes and
maneuvering areas shall be clearly marked with directional arrows and lines to ensure
the safe and efficient flow of vehicles.
2. The Director may require the installation of the traffic signs in addition to directional
arrows to ensure the safe and efficient flow of vehicles in a parking facility.
3. The exit from a parking area which provides parking for 40 or more vehicles shall be
clearly marked with a vehicle "STOP" sign.
G. Grades of parking areas.
1. Interior circulation drives/aisles. Ramps or driveways within the interior of a parking
area (beyond 20 feet from ultimate right-of-way line) shall have a maximum grade of 15
percent. If a ramp or driveway exceeds 10 percent, the design shall include transitions
(at each end of the ramp) not less than eight feet in length, having a slope equal to one-
half the ramp or driveway slope.
2. Parking spaces. Parking spaces and abutting access aisles shall have a maximum grade
of seven percent, measured in any direction.
3. Vertical clearance. Covered parking spaces shall have a vertical clearance of at least
seven feet six inches above the parking lot surface for all uses except residential.
H. Landscaping. Landscaping shall be provided in compliance with the following
requirements.
1. Landscape plan required. A comprehensive landscape and irrigation plan shall be
submitted for review and approval by the review authority in compliance with 22.xx
(Landscaping Standards).
2. Landscape materials. Landscaping materials shall be provided throughout the parking
lot area using a combination of trees, shrubs and ground cover.
3. Curbing, irrigation. Areas containing plant materials shall be bordered by a concrete
curb at least six inches high and six inches wide, and provided with an automatic
irrigation system. Alternative barrier design to protect landscaped areas from damage
by vehicles may be approved by the Director.
4. Location of landscaping. Parking lot landscaping shall be located so that pedestrians
are not required to cross landscaped areas to reach building entrances from parked cars.
This should be achieved through proper orientation of the landscaped fingers and
islands.
5. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of
two feet of the parking stall depth may be landscaped with low -growth, hearty materials
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-85
Off -Street Parking and Loading Standards
22.xx
in lieu of paving, allowing a two -foot bumper overhang while maintaining the required
parking dimensions.
6. Perimeter parking lot landscaping.
a. Adjacent to streets. Parking areas adjoining a public street shall be designed to
provide a landscaped planting strip between the street right-of-way and parking,
equal in depth to the setback required by the zoning district or five feet, whichever
is more.
The landscaping shall be designed and maintained to screen cars from view from the
street to a height of between 30 inches and 42 inches. Screening materials may
include a combination of plant materials, earth berms, solid masonry walls, raised
planters, or other screening devices which meet the intent of this requirement. Trees
shall be provided at a rate of one for every 20 lineal feet of landscaped area. Plant
materials, signs, or structures within a traffic safety sight area of a driveway shall not
exceed 30 inches in height.
b. Adjacent to side or rear property lines. Parking areas shall provide a perimeter
landscaped strip at least four feet wide (inside dimension) where the facility adjoins
a side or rear property line. The perimeter landscaped strip may include a required
yard or buffer area. Trees shall be provided at the rate of one for each 20 lineal feet
of landscaped area.
c. Adjacent to structures. When landscaping is located adjacent to structures, the
width of the landscaped area shall be proportional to the height of the structure. The
minimum width of a landscaped strip adjacent to a structure shall be five feet for
structures up to two stories. For each additional story, the width of the adjacent
landscaped strip shall be increased by two feet.
d. Adjacent to residential use. Parking areas for nonresidential uses adjoining
residential uses shall provide a landscaped buffer yard with a minimum 15-foot
width between the parking area and the common property line bordering the
residential use. A solid masonry wall and landscaping shall be provided along the
property line. For each 100 feet of landscaped area, a minimum of 12 trees and 10
shrubs shall be provided.
7. Interior parking lot landscaping.
a. Amount of landscaping. Multi -family, commercial, and office uses shall provide
landscaping within the parking area at a ratio of 5 percent of the gross area of the
parking lot. One tree shall be provided for every 8 parking spaces.
Industrial/manufacturing uses shall provide landscaping within the parking area
at a ratio of 5 percent of the gross area of the parking lot. One tree shall be provided
for every 10 parking spaces.
Landscaping shall be evenly dispersed throughout the parking area. Parking lots
with more than 100 spaces should provide a concentration of landscape elements at
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-86
Off -Street Parking and Loading Standards
MR0
primary entrances, including specimen trees, flowering plants, enhanced paving,
and project identification.
b. Planters required. Trees shall be in planters located throughout the parking area.
In order to be considered within the parking area, trees shall be located in planters
that are bounded on at least three sides by parking area paving. Planters shall have
a minimum interior dimension of 5 feet and be of sufficient size to accommodate tree
growth.
I. Lighting.
1. General requirements. Parking areas shall have lighting capable of providing adequate
illumination for security and safety. Lighting fixtures shall be energy -efficient. Lighting
standards shall be in scale with the height and use of the on -site structure(s). All
illumination, including security lighting, shall be directed downward, away from
adjacent properties and public rights -of -way in compliance with 22.xx.xxx (Exterior
Lighting).
2. Lighting requirements for commercial projects. Parking areas within commercial
projects shall be provided with exterior lighting as follows:
a. A minimum of one footcandle of illumination shall be maintained at the parking
surface throughout the parking area.
b. Lighting shall be on a time -clock or photo -sensor system.
c. All lighting shall be designed to confine direct rays to the property. No spillover
beyond the property line shall be permitted.
d. Lighting fixtures shall have 90 degree horizontal cut-off flat lenses.
J. Shopping cart storage. Parking facilities for commercial uses shall contain shopping cart
storage areas for appropriate uses (e.g., supermarkets, drugstores, etc.). The number,
dimensions and locations of storage areas shall be determined by the Director.
K. Striping and identification.
1. Vehicular. Parking spaces shall be clearly outlined with four -inch wide lines painted
on the surface of the parking facility. Carpool spaces shall be clearly identified for
compact vehicle and carpool use only.
2. Restriping. The restriping of any parking space or lot shall require the approval of a
restriping plan by the Director.
L. Surfacing.
1. Vehicular. Parking spaces and maneuvering areas shall be paved and permanently
maintained with asphalt, concrete or other all-weather surfacing approved by the
Director.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-87
Off -Street Parking and Loading Standards
22.xx
2. Motorcycle. Motorcycle parking areas shall be paved with concrete or equivalent all-
weather surfacing approved by the Director. -
3. Bicycle. Bicycle parking areas shall be surfaced so as to keep the area in a dust -free
condition, subject to the approval of the Director.
M. Wheel stops/curbing. Continuous concrete curbing at least six inches high and six inches
wide shall be provided for parking spaces located adjacent to fences, walls, property lines,
landscaped areas and structures. Individual wheel stops may be provided in lieu of
continuous curbing when the parking is adjacent to a landscaped area, and the drainage is
directed to the landscaped area.
Wheel stops shall be placed to allow for two feet of vehicle overhang area within the
dimension of the parking space.
22.xx.xxx - Driveways and Site Access
Driveways providing site access shall be from an improved street, alley or other public right-of-
way, and shall be designed, constructed and maintained as follows.
A. Number of driveways. Two driveways shall be allowed for each parcel two acres or less in
size unless the Director and City Engineer determine that more than two driveways are
required to accommodate traffic volumes on specific projects. Additional driveways shall
not be allowed if it is determined to be detrimental to traffic flow on the adjacent street(s).
Whenever a property has access to more than one street, access shall be generally limited to
the lowest volume street where the impact of a new access will be minimized.
B. Distance from street corners. Driveways to parking areas shall be located a minimum of
150 feet from the nearest intersection, as measured from the centerline of the driveway to the
centerline of the nearest travel lane of the intersecting street. For parcels with frontages less
than 150 feet, the minimum distance shall be 100 feet unless a lesser distance is approved by
the City Engineer.
C. Driveway spacing. Driveways shall be separated along the street frontage as follows:
1. Single-family and duplex residential development. Driveways shall be separated by
at least six feet, unless a shared, single driveway is approved by the Director. The six-
foot separation does not include the transition or wing sections on each side of the
driveway; and
2. Multi -family and nonresidential development. Where two or more driveways serve
the same or adjacent multi -family or nonresidential development, the centerline of the
driveways shall be separated by a minimum of 50 feet. Exceptions to this standard shall
be subject to the approval of the City Engineer.
D. Grades at entrance driveways. Driveways for nonresidential uses shall not exceed a
maximum grade of 15 percent. Driveways for residential uses shall not exceed a maximum
grade of 20 percent. Where there is a change in the slope of the driveway, it shall be
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-88
Off -Street Parking and Loading Standards
22.xx
demonstrated that vehicles will be able to pass over the change in slope without interference
with the vehicle's undercarriage. -
E. Driveway width and length
1. Single-family uses.
a. Driveways that provide access to garages having a setback greater than 24 feet from
the street property line shall have a minimum width of 10 feet and a maximum
width of 14 feet at the property line.
b. Driveways that provide access to garages having a setback less than 24 feet from the
street property line shall not exceed the width of the garage door opening plus two
feet.
c. When a garage is perpendicular (90 degrees) to the driveway, a minimum 24-foot
deep unobstructed back -out area shall be provided.
2. Multi -family uses.
a. Driveways for multi -family uses with six or less units shall have a minimum paved
width of 12 feet.
b. Driveways for multi -family uses with more than six units shall have a minimum
paved width of 24 feet.
3. Nonresidential uses. Driveways for nonresidential uses shall have a minimum paved
width of 12 feet for one-way driveways and 26 feet for two-way driveways. The
maximum driveway width shall be 30 feet, exclusive of the area provided for a median
divider.
E. Clearance from obstruction. The nearest edge of a driveway curb cut shall be at least three
feet from the nearest property line, the centerline of a fire hydrant, utility pole, traffic signal,
light standards, or other similar facilities. Street trees shall be a minimum of 10 feet from the
driveway access, measured at the trunk. Driveways shall have an overhead clearance of 10
feet in height except within a parking structure which may be reduced to seven feet, six
inches.
F. Traffic safety sight area. Structures or landscaping over 30 inches in height shall not be
allowed within a traffic safety sight area formed by the intersection of public rights -of -way,
driveways or alleys.
22aoc.xxx - Bicycle Parking
Bicycle parking facilities shall be provided for nonresidential uses as follows.
A. Number of spaces required. Bicycle parking spaces shall be provided at a rate of 5 percent
of the number of required vehicle parking spaces. The Director may modify this
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-89
Off -Street Parking and Loading Standards
22.xx
requirement where it can be demonstrated that a lesser number of bicycle spaces can
adequately serve the intended use. -
B. Bicycle parking design and devices. Bicycle parking areas shall be designed and provided
as follows.
1. Parking equipment. Each bicycle parking space shall include a stationary parking
device to adequately support the bicycle.
2. Parking layout.
a. Aisles. Providing access to bicycle parking spaces shall be at least five feet in width.
b. Spaces. Each bicycle space shall be a minimum of two feet in width and six feet in
length and have a minimum of seven feet of overhead clearance.
c. Relationship to structure entrances. Bicycle spaces shall be conveniently located
and generally within proximity to the main entrance of a structure.
d. Relationship to motor vehicle parking. Bicycle spaces shall be separated from
motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet
of open area, marked to prohibit motor vehicle parking.
22.xx.xxx - Off -Street Loading Space Requirements
A. Number of loading spaces required. Nonresidential uses with less than 5,000 sq.ft. of gross
floor area shall provide one off-street loading space, which may be combined with an off-
street parking space. Nonresidential uses with 5,000 square feet of floor area or more shall
provide off-street loading space in compliance with Table 3-xx. Requirements for uses not
specifically listed shall be determined by the Director based upon the requirements for
comparable uses and upon the particular characteristics of the proposed use.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 111-90
Off -Street Parking and Loading Standards
22.xx
TABLE 3-xx
REQUIRED LOADING SPACES
Type of Land Use
Total Gross Floor Area
Loading Spaces Re uired
Manufacturing, research
5,000 to 20,000 sq.ft.
1
and development,
institutional, and service
20,001 + sq.ft.
1 for each additional 20,000
uses
sq.ft., plus additional as
required by Director.
Office uses
5,000 to 35,000 sq.ft.
1
35,001 + sq.ft.
1 for each additional 35,000
sq.ft., plus additional as
required by Director.
Commercial and other
5,000 to 10,000 sq.ft.
1
allowed uses
10,001 + sq.ft.
1 for each additional 10,000
sq.ft., plus additional as
required by Director.
B. Standards for off-street loading areas. Off-street loading areas shall be provided in the
following manner:
1. Dimensions. Loading spaces shall be not less than 15 feet in width, 25 feet in length,
with 14 feet of vertical clearance;
2. Lighting. Loading areas shall have lighting capable of providing adequate illumination
for security and safety. Lighting standards shall be energy -efficient and in scale with the
height and use of adjacent structure(s) and be provided in compliance with 22.xx.xxx
(Exterior Lighting).
3. Loading doors and gates. Loading bays and roll -up doors shall be painted to blend with
the exterior structure wall(s) and be located on the rear of the structure only. Bays and
doors may be located on the side of a structure, away from a street frontage, where the
Director determines that the bays, doors and related trucks can be adequately screened
from view from adjacent streets;
4. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a
profile drawing showing the ramp, ramp transitions and overhead clearances;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-91
Off -Street Parking and Loading Standards 22.xx
5. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the main structure and limited to the rear two-thirds of the
parcel, if feasible;
b. Situated to ensure that the loading facility is screened from adjacent streets as much
as possible;
c. Situated to ensure that loading and unloading takes place on -site and in no case
within adjacent public rights -of -way or other traffic areas on -site;
d. Situated to ensure that vehicular maneuvers occur on -site; and
e. Situated to avoid adverse impacts upon neighboring residential properties.
6. Screening. Loading areas abutting residentially zoned parcels shall be screened in
compliance with 22.xx.xxx (Screening); and
7. Striping. Loading areas shall be striped indicating the loading spaces and identifying
the spaces for "loading only." The striping shall be permanently maintained by the
property owner/tenant in a clear and visible manner at all times.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-92
CHAPTER 22.xx - PLANNED DEVELOPMENT STANDARDS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - Development Standards
22.xx.xxx - Purpose
The purpose of this Chapter is to implement the Planned Development Overlay zoning district
by promoting quality design, innovative site planning, transfer of development rights, and
mixed uses consistent with the goals and policies of the General Plan. The intent of the planned
development standards is to promote high quality development that incorporates amenities
beyond those expected under conventional development, to achieve greater flexibility in design,
to encourage well -planned projects through creative and imaginative planning, and to provide
for appropriate use of land that is sufficiently unique in its physical characteristics or other
circumstances to warrant special methods of development.
22.xx.xxx - Applicability
The provisions of this Chapter apply to proposed projects within the Planned Development
Overlay zoning district and are subject to approval of Development Review in compliance with
22.xx (Development Review).
22.xx.xxx - Development Standards
A. Allowable density/intensity. The number of allowable dwellings per parcel or the number
of dwelling units per structure may exceed the number allowed within a particular
residential zoning district provided the total number of units for the entire project does not
exceed the limitations established by the General Plan. The floor area ratio (FAR) allowed
in a particular nonresidential zoning district may be increased when it can be demonstrated
by the project proponent that a superior development will be achieved.
B. Setback requirements. Structure setbacks may deviate from the setback standards specified
in this Development Code and shall conform to the approved development plan.
C. Lot coverage and floor area ratio. Lot coverage and floor area ratio of structures may
deviate from the regulations of this Development Code and shall conform to the approved
development plan.
D. Height limits. The height of structures may deviate from the height standards specified in
this Development Code and shall conform to the approved development plan.
E. Parking requirements. The number and design of off-street parking areas may deviate from
the parking standards specified in this Development Code and shall conform to the
approved development plan.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-93
Planned Development Standards
22.xx
F. Open space requirements.
1. In all residential developments, at least 30 percent of the gross property area shall be
reserved for and devoted to landscaped and useable common open space area(s).
2. In all nonresidential developments, at least 20 percent of the of the gross property area
shall be reserved for and devoted to landscaped and useable pedestrian -oriented open
space area(s). Open spaces shall include plazas, courtyards, outdoor dining areas, and
landscaped gardens.
3. Open space areas shall not be construed to include streets, whether public or private, off-
street parking, access drives, and loading areas, or area(s) covered by structures.
4. The Commission may grant a modification, including a modification of any open space
requirement, after considering the general purposes and nature of the planned
development project.
G. Maintenance of common areas. An applicant for a planned development shall provide for
the permanent maintenance of all common area(s) within the development. The applicant
shall provide the following:
A plan showing all common areas and areas to be dedicated to/for public and/or
private use;
2. Where the development consists of only one parcel, a plan for maintenance; and
3. Where the development consists of more than one parcel, covenants, conditions and
restrictions (CC&R's) or an agreement in a form approved by the City Attorney
providing for the permanent maintenance of all common areas. The CC&R's or
agreement shall be prepared by an attorney licensed to practice in the State.
H. Development phasing. An applicant for a planned development shall submit a schedule
indicating the development of open space related to the construction of residential dwelling
units. Where development is to be completed in phases, the development may be
coordinated between phases. Projects developed in phases shall be designed so that each
successive phase will contain open space to independently qualify under the provisions of
Subsection F., above.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-94
CHAPTER 22.xx - PROPERTY MAINTENANCE STANDARDS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - Definitions
22.xx.xxx - Single-family Standards
22.xx.xxx - Multi -family Standards
22.xx.xxx - Commercial Standards
22.xx.xxx - Abatement Procedures
22.xx.xxx - Purpose
This Chapter provides for the abatement of conditions that are offensive or annoying to the
senses, detrimental to property values and community appearance, an obstruction to or
interference with the comfortable enjoyment of adjacent property, or hazardous or injurious to
the health, safety, or welfare of the general public in a manner which may constitute a nuisance.
22.xx.xxx - Applicability
The standards for property maintenance provided in this Chapter apply to all properties within
the City, except where otherwise provided in this Chapter.
22.xx.xxx - Definitions
Public nuisance. A public nuisance affects an entire community or neighborhood, or any
considerable number of persons at the same time, although the extent of the annoyance or
damage inflicted upon individuals may be unequal. Cal. Civ. Code § 3480. A public nuisance
is an act or omission which interferes with the interests of the community or interferes with the
public health, safety, and welfare.
Nuisance per se. Examples of activities that are nuisances per se include water pollution by
discharge, structures which amount to a fire hazard, noise, air pollution, weeds, rubbish and
refuse, junkyards, earth movement and illegal signs.
22.xx.xxx - Single-family Standards
A. Storage in front yard/side yard abutting a street.
1. The entire front yard visible from an adjacent street or sidewalk, shall be kept and
maintained free and clear of all construction and automotive materials or parts, trash,
refuse, debris, trash storage receptacles, inoperative motor vehicles, dismounted camper
bodies, discarded or broken materials, appliances, equipment or similar materials.
2. Emergency or minor repairs to a motor vehicle owned by a person residing upon the
parcel may be conducted on a motor vehicle upon a paved driveway or paved parking
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-95
Property Maintenance Standards
22.xx
area. Repair shall be concluded within 10 consecutive days of the commencement
thereof or up to 30 days at the discretion of the Director. -
3. Interior side yard and side yards abutting a street shall be maintained in a clean and
orderly manner.
B. Motor vehicle parking.
1. Parking of motor vehicles, including recreational vehicles, on a single-family parcel shall
occur within a garage, or carport, or upon a driveway or other allowed paved parking
area. If parked on a side yard, an open pedestrian walkway at least 36 inches in width
shall be maintained on one side yard for public safety access purposes.
2. No person shall park or store a commercial vehicle, commercial trailer or related
commercial equipment for a period in excess of 72 hours. No more than two commercial
vehicles or trailers may be parked on a parcel at any one time.
C. Building maintenance. All buildings, structures and paved areas shall be maintained in a
manner so as not to constitute a public nuisance or a nuisance per se. Buildings, structures
and paved areas shall be deemed substandard and in violation of this Chapter when they
display evidence of exterior dilapidated conditions.
D. Landscape maintenance. All landscaped areas within the front yard or side yard abutting
a street shall be kept in a neat and clean condition, substantially free of debris and dead,
diseased or dying vegetation, and broken or defective decorative elements of the landscaped
area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and
adequately watered so as to maintain a healthy growing condition. Irrigation systems shall
be maintained to prevent public health or safety hazards.
E. Fence and wall maintenance. All fences and walls upon any parcel within a single-family
zoning district shall be maintained so as not to constitute a public nuisance or nuisance per
se and to protect the health, safety and welfare of the user, occupant and the general public.
Fences and walls required for screening purposes shall be maintained in a manner that
implements the screening requirement.
22.xx.xxx - Multi -family Standards
A. Storage yards.
1. The entire front yard and side yard abutting a street shall be kept and maintained free
and clear of all construction materials, automotive parts, trash, refuse, debris, trash
storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or
broken materials, appliances, furniture, junk, equipment or similar materials. All
rubbish, trash and debris shall be kept within approved trash enclosures.
2. Emergency or minor repairs of a motor vehicle owned by a person residing upon the
parcel may be conducted on a motor vehicle upon a paved driveway. Repair shall be
concluded within 10 consecutive days of the commencement thereof or a maximum of
30 days as approved by the Director.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-96
22.xx
Property Maintenance Standards
B. Storage in garages and carports. No storage of materials, including, but not limited to, trash
and trash receptacles, newspapers, building and automotive materials, landscape
maintenance tools, equipment, debris, inoperative motor vehicles, camper shells not
mounted on motor vehicles or boats and trailers shall be permitted within a garage or
carport so as to restrict the parking of an operative motor vehicle in the required parking
spaces.
C. Motor vehicle parking.
1. All parking of motor vehicles shall occur only within a garage, carport, or upon a
driveway or other paved parking area that is in compliance with the parking
requirements of this Development Code.
2. No person shall park or store a commercial vehicle, trailer or related equipment for a
period in excess of 72 hours. No more than two commercial vehicles shall be parked on
a parcel at any one time.
D. Building maintenance. All buildings, structures and paved areas shall be maintained in a
manner so as not to constitute a public nuisance or a nuisance per se. Buildings, structures
and paved areas shall be deemed substandard and in violation of this Chapter when they
display evidence of exterior dilapidated conditions.
E. Landscape maintenance. All landscaped areas within the front yard or side yard abutting
a street shall be kept in a neat and clean condition, substantially free of debris and dead,
diseased or dying vegetation, and broken or defective decorative elements of the landscaped
area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and
adequately watered so as to maintain a healthy growing condition. Irrigation systems shall
be maintained to prevent public health or safety hazards.
F. Fence and wall maintenance. All fences and walls upon any parcel within a single-family
zoning district shall be maintained so as not to constitute a public nuisance or nuisance per
se and to protect the health, safety and welfare of the user, occupant and the general public.
Fences and walls required for screening purposes shall be maintained in a manner that
implements the screening requirement.
G. Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle
maneuvering areas shall be kept and maintained so as not to detract from the appearance
of adjacent properties and to protect the health, safety and welfare of the user, occupant and
general public. Areas shall be kept in a neat and clean condition, free of trash, debris or
rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas.
Parking space and pavement striping and signs shall be repainted, refurbished and/or
replaced when they become faded, damaged or destroyed to an extent that they are no
longer effective. Parking areas shall be periodically resurfaced or sealed to minimize
seepage of water into the ground below.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 I11-97
Property Maintenance Standards
22.xx
22.xx.xxx - Commercial Standards
A. Storage in yards. Storage within front, side, and rear yard areas approved in
compliance with this Development Code shall be maintained in a neat and orderly
fashion and shall contain only items and/or vehicles incidental to the business, or
owned by the business or owner of the business.
B. Motor vehicle parking.
1. Parking of motor vehicles shall occur on paved parking areas in compliance with
Chapter 22.xx (Off -Street Parking and Loading Standards).
2. No person shall park or store any commercial vehicle, trailer or related equipment
for a period in excess of 72 hours. No more than two commercial vehicles may be
parked on any parcel at any one time.
C. Building maintenance. Buildings, structures and paved areas shall be kept and
maintained in a manner so as not to detract from adjacent properties and to protect the
health, safety and welfare of the user, occupant and general public. Buildings, structures
and paved areas shall be deemed substandard and in violation of this Chapter when
they display evidence of exterior dilapidated conditions.
D. Landscape maintenance. All landscaped areas shall be kept and maintained in a
manner so as not to detract from the appearance of adjacent properties and to protect the
health, safety and welfare of the user, occupant and general public.
Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and
dead, diseased, or dying vegetation, and broken or defective decorative elements of the
landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed,
pruned, and watered as to keep the same in a healthy growing condition. Irrigation
systems shall be kept in good working condition to prevent public health hazards.
E. Fence and wall maintenance. Fences and walls shall be kept and maintained in
compliance with this Development Code and in a manner so as not to constitute a
public nuisance or nuisance per se and to protect the health, safety and welfare of the
user, occupant and the general public.
F. Maintenance of parking and similar areas. Parking, loading, storage, driveway and
vehicle maneuvering areas shall be kept and maintained so as not to detract from the
appearance of adjacent properties and to protect the health, safety and welfare of the
user, occupant and general public. Areas shall be kept in a neat and clean condition, free
of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or
broken areas. Parking space and pavement striping and signs shall be repainted,
refurbished and/or replaced when they become faded, damaged or destroyed to an
extent that they are no longer effective. Parking areas shall be periodically resurfaced
or sealed to minimize seepage of water into the ground below.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-98
Property Maintenance Standards
22.xx
22.xxaooc- Industrial Standards
A. Storage in yards. Storage within front, side, and rear yard areas approved in compliance
with this Development Code shall be maintained in a neat and orderly fashion and shall
contain only items and/or vehicles incidental to the business, or owned by the business or
owner of the business.
B. Motor vehicle parking.
1. Parking of motor vehicles shall occur on paved parking areas in compliance with
Chapter 22.xx (Off -Street Parking and Loading Standards).
2. No person shall park or store any commercial vehicle, trailer or related equipment
for a period in excess of 72 hours. No more than two commercial vehicles may be
parked on any parcel at any one time.
C. Building maintenance. Buildings, structures and paved areas shall be kept and
maintained in a manner so as not to detract from adjacent properties and to protect the
health, safety and welfare of the user, occupant and general public. Buildings, structures
and paved areas shall be deemed substandard and in violation of this Chapter when
they display evidence of exterior dilapidated conditions.
D. Landscape maintenance. All landscaped areas shall be kept and maintained in a
manner so as not to detract from the appearance of adjacent properties and to protect the
health, safety and welfare of the user, occupant and general public.
Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris, and
dead, diseased, or dying vegetation, and broken or defective decorative elements of the
landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed,
pruned, and watered as to keep the same in a healthy growing condition. Irrigation
systems shall be kept in good working condition to prevent public health hazards.
E. Fence and wall maintenance. Fences and walls shall be kept and maintained in
compliance with this Development Code and in a manner so as not to constitute a
public nuisance or nuisance per se and to protect the health, safety and welfare of the
user, occupant and the general public.
F. Maintenance of parking and similar areas. Parking, loading, storage, driveway and
vehicle maneuvering areas shall be kept and maintained so as not to detract from the
appearance of adjacent properties and to protect the health, safety and welfare of the
user, occupant and general public. Areas shall be kept in a neat and clean condition, free
of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or
broken areas. Parking space and pavement striping and signs shall be repainted,
refurbished and/or replaced when they become faded, damaged or destroyed to an
extent that they are no longer effective. Parking areas shall be periodically resurfaced
or sealed to minimize seepage of water into the ground below.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-99
Property Maintenance Standards 22.xx
22.xx.xxx - Abatement Procedures
A. Public nuisance and nuisance per se.
1. The authority to abate and impose sanctions. Enforcement of this Chapter shall be
accomplished by the Director in any manner authorized by law. The procedures
identified in this Chapter shall not be exclusive and shall not, in any manner, limit or
restrict the City from enforcing other ordinances or abating public nuisances in any other
manner provided by law.
Whenever an Director determines that any condition exists in violation of this Chapter
the officer shall take appropriate enforcement action in compliance with this Chapter.
Notwithstanding the public nuisance abatement procedures, criminal and/or civil
remedies may be employed as determined to be necessary and provided by law.
2. Written notice. Whenever the Director has inspected the location of the alleged
violation and it has been found or determined that conditions constituting a nuisance
exit, the Director shall prepare a notice and order and cause the owner of the property
and the person, if other than the landowner occupying or otherwise in charge or control
of property, to be notified in writing of the existence of the condition and/or require an
appearance before the Director at a stated time and place to show why the condition
should not be abated by the City at the person' s expense. The notice and order to abate
the determined public nuisance shall contain the following information:
a. The street address and a legal description sufficient for identification of the property
on which the condition exists;
b. A statement that the Director has determined that a public nuisance is being
maintained on the property with a brief description of the conditions which render
the property a public nuisance;
c. An order to secure all appropriate permits and to physically commence, within a
certain time from the date of service of the notice and order, and to complete within
that reasonable and established time and date, the abatement of the described
conditions;
d. A statement advising that the disposal of any material involved in public nuisances
shall be conducted in a legal manner;
e. A statement advising that if the required work is not commenced within the time
specified, the Director will proceed to cause the work to be done, and bill the
persons named in the notice for the abatement costs and/or assess the costs against
the property;
f. A statement advising that a person having an interest or record title in the property
may request consideration of the notice and order or any action of the enforcement
within 10 days from the date of service of the notice and order; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-100
Property Maintenance Standards
22.xx
G. Request for reconsideration. Any person aggrieved by the action of the Director in issuing
a notice and order in compliance with this Chapter may appeal in compliance with
Subsection H, below If no appeal is filed within the time prescribed, the action of the
Director shall be final.
H. Appeals. Appeals shall be made in compliance with the following provisions, as well as
with those identified in Chapter 22.xx (Appeals):
1. Appeal of Director's decision. Any person entitled who is dissatisfied with a public
nuisance determination of the Director may appeal to the Commission within seven
days from the date of mailing of the decision of the Director. The written appeal shall
be filed with the Department, together with a filing fee in compliance with the Council's
Fee Resolution.
2. Notice of appeal. The notice of appeal shall specify the following:
a. The legal description and street address of the property;
b. The determination being appealed;
c. The owner's or appealing party's legal interest in the property;
d. A statement of disputed and undisputed facts;
e. A statement specifying that portion of the decision or hearing proceedings that are
being appealed together with any evidentiary and supporting materials that would
support the appeal; and
f. A signed verification of the truth of all stated matters.
3. Processing of appeals. Appeals shall be processed in the following manner:
a. Upon the timely filing of a notice of appeal in the proper form, the Director shall
place the appeal on a regular meeting of the Commission scheduled to be held not
less than 30 days after the appeal is received;
b. The Director shall provide written notice of the appeal, including the time, place and
date of the hearing on the appeal, to the appellant and any other person to whom
notice of the Director's order was sent, in compliance with Chapter 22.xx (Appeals).
The notice shall be sent in the same manner as the Director's notice and order;
c. The Commission may limit the issues on appeal to those identified in the appellant's
notice of appeal, may consider the record produced before the Director, and may
allow additional evidence to be produced; and
d. Notice of the Commission's determination shall be in substantially the same form as
that sent by the Director and shall be sent to all persons to whom notice of the
Director's order was sent as well as to all persons requesting the notice, in writing,
at the time the appeal is heard.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-102
Property Maintenance Standards
22.xx
4. Appeal of the Commission's decision. Appeals shall be processed in the following
manner: -
a. Any person who is entitled to notice of hearing, who participated in the Commission
hearing and who is dissatisfied with a public nuisance decision of the Commission
may appeal any decision, determination, order or requirement to the Council in the
same manner identified for Director appeals. Appeals shall be made in writing and
filed with the City Clerk prior to 5:00 P.M. of the day of the first regular meeting of
the Council following the Commission's action to be appealed, together with a filing
fee in the amount as prescribed by the Council's Fee Resolution;
b. Upon an appeal being duly filed, or requested by the Council, a date, time and place
for the hearing shall be set within 30 days of the filing of the appeal. Notice of the
appeal shall be sent in the same manner as notice of the Commission's decision; and
c. The Council may reverse or modify the decision of the Commission and/or remand
the matter to the Commission for further proceedings. If the Council does not take
any action reversing, modifying and/or remanding of the decision of the
Commission within 30 days after the filing of the appeal, the Commission's action
on the matter shall be final and conclusive. Notice of a final determination shall be
sent in the same manner as after the Commission's determination.
I. Abatement of nuisance(s). If the nuisance is not completely abated by the owner as directed
within the abatement period, the City shall immediately cause the same to be abated by City
personnel or private contract and the personnel or persons under contract are expressly
authorized to enter upon the subject premises for these purposes. The owner of the
premises shall be liable to the City for all costs of abatement, including all administrative
and inspection costs.
J. Proceedings for abatement of imminently dangerous public nuisances. Whenever the
Director determines that a public nuisance is so imminently dangerous to life or adjacent
property that the condition shall be immediately corrected, or isolated, the following
procedures shall be instituted:
a. Personal interview. The Director shall attempt to make contact through a personal
interview, or by telephone with the landowner or the person, if any, occupying or
otherwise in real or apparent charge and control of the subject property. In the event
contact is made, the Director shall notify the person(s) of the danger involved and
require that the condition be immediately removed, repaired or isolated to preclude
harm to any person or property;
b. Removal of the dangerous condition(s). In the event the Director is unable to make
contact, or if the appropriate persons, after notification by the Director, do not take
action as specified by the officer, within the time frame requested, then the Director may,
with the approval of the City Manager, take all steps deemed necessary to remove or
isolate the dangerous condition(s), with the use of City forces or a contractor retained
in compliance with the provisions of the Municipal Code; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-103
Property Maintenance Standards
22.xx
c. Account of the costs. The Director shall keep an itemized account of the costs incurred
by the City in removing or isolating the condition(s). These costs may be recovered in
the same manner that abatement costs are recovered, in compliance with this Chapter.
K. Costs of inspection. Whenever a public nuisance as defined in this Chapter is found to exist
as a result of the inspection, the reasonable costs for the inspection, as set by the Council's
Fee Resolution, shall be paid by the landowner.
L. Assessment of costs against real property. The following provisions shall apply:
1. Cost assessment. The Director, personnel or persons who abate the nuisance shall keep
an account of the cost of abatement. The personnel or persons shall submit an itemized
written report showing the costs to the Director for transmittal to the Council.
2. Hearing on assessment. The City Clerk shall set the report and account for hearing by
the Council at the first regular meeting which will be held at least seven days after the
date of filing, and shall post a copy of the report and account and notice of the date, time
and place of the hearing in a conspicuous place. The owner who is affected by the report
and account shall be served a notice containing the date, time and place of the hearing.
3. Tax lien. The Council shall consider the report and account at the time set for hearing,
together with any objections or protests by any interested parties. Any owner of land
or interested person may present a written or oral protest or objections to the report and
account. The Council may modify the report if it is deemed necessary, and shall then
confirm the report by motion or resolution. In compliance with State law (Government
Code Sections 25845 and 38773.5), the total costs of abatement, including all
administrative costs, shall constitute a special assessment against the subject parcel.
After the assessment is made and confirmed, it shall become a lien on the subject parcel.
4. Cost report. After confirmation of the report, a certified copy shall be filed with the
County Auditor on or before August 10th of each year and the Auditor shall be
requested to enter the amounts of the respective assessments on the County tax roll.
5. Special assessment. The special assessment shall be collected at the same time and in
the same manner as ordinary property taxes are collected and shall be subject to the
same penalties and the same procedures and sale in case of delinquency as provided for
ordinary property taxes.
6. Refunds. The Council may order refunded all or part of an assessment paid in
compliance with this Chapter, if it finds that all or part of the assessment has been
erroneously levied. An assessment or any part thereof shall not be refunded unless a
claim is filed with the City Clerk on or before December 1st after the assessment becomes
due and payable. The claim shall be verified by the person who paid the assessment, or
the responsible administrator, executor or guardian.
M. General penalty and continuing violations.
1. Any person who:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-104
Property Maintenance Standards
22.xx
a. Violates or fails to comply with any provision or mandatory requirement of this
Chapter, shall be guilty of a misdemeanor unless charged as an infraction by the
Director;
b. Is guilty of a misdemeanor or infraction, shall be guilty of a separate offense for each
and every day during any portion of which any violation of any provision of this
Development Code is committed, continued or permitted by the person and shall
be punished accordingly;
c. Removes any notice or order posted as required in this Chapter, for the purpose of
interfering with the enforcement of the provisions of this Chapter, shall be guilty of
a misdemeanor unless charged as an infraction by the Director; and
d. Obstructs, impedes, or interferes with any representative of the City or with any
person who owns or holds an estate or interest in a structure which has been ordered
to be demolished, rehabilitated, repaired or vacated, or with any person to whom
any structure has been lawfully sold, in compliance with this Chapter, when any of
the aforementioned individuals are lawfully engaged in proceedings involving the
abatement of a nuisance, shall be guilty of a misdemeanor unless charged as an
infraction by the Director.
2. Penalties shall be cumulative. The penalties and procedures provided in this Chapter
shall be cumulative and in addition to any other procedure(s) contained in this
Development Code, or by State law, for the abatement of any of the conditions described
herein, and the abatement shall not prejudice or affect any other action, civil or criminal,
for the maintenance of the described condition(s).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-105
CHAPTER 22.xx - SIGN STANDARDS
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - Definitions
22.xx.xxx - Sign Permits
22.xx.xxx - Exemptions From Sign Permits
22.xx.xxx - Comprehensive Sign Program
22.xx.xxx - Sign Design Guidelines
22.xx.xxx - Prohibited Signs
22.xx.xxx - Nonconforming Signs
22.xx.xxx - Abandoned Signs
22.xx.xxx - General Provisions for All Signs
22.xx.xxx - Standards for Specific Types of Signs
22.xx.xxx - Sign Standards by Zoning District
22.xx.xxx - Purpose
The purpose of this Chapter is to provide minimum standards to safeguard life, health, property
and public welfare, and to preserve the character of the City by regulating the size, height,
design, quality of materials, construction, location, lighting and maintenance of signs and sign
structures not enclosed within a building, to accomplish the following:
A. Provide a reasonable and comprehensive system of sign controls;
B. Encourage a desirable City character with a minimum of clutter, while recognizing the need
for signs as a major form of communication;
C. Provide for fair and equal treatment of sign users;
D. Encourage signs that are well designed and pleasing in appearance by providing incentive
and latitude for variety, good design relationship, spacing and location;
E. Provide for maximum public convenience by properly directing people to various activities;
and
F. Promote public safety by providing that official traffic regulation devices be easily visible
and free from nearby visual obstructions, including blinking signs, excessive number of
signs, or signs resembling official traffic signs.
22.xx.xxx - Applicability
A. The sign standards provided in this Chapter are intended to apply to signs in each zoning
district in the City. Only signs authorized by this Chapter shall be allowed in that zoning
district unless otherwise expressly provided in this Chapter.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-106
Sign Standards
22.xx
B. If a new zoning district is created after the enactment of this Chapter, the Director shall have
the authority to make determinations as to the applicability of appropriate sign regulations
in compliance with 22.xx (Interpretation of Regulations) until this Chapter is amended to
govern the new zoning district.
22.xx.x oc - Definitions
The following are definitions of specialized terms and phrases used in this Chapter. The
definitions are organized in alphabetical order.
Abandoned sign. Any sign which no longer advertises a business, lessor, owner, product,
service or activity on the premises where the sign is displayed.
Alteration. Any change of copy, sign face, color, size, shape, illumination, position, location,
construction, or supporting structure of any sign.
Animated or moving sign. Any sign which uses movement, lighting, or special materials to
depict action or create a special effect to imitate movement.
Area of a sign. See "Sign Area."
Awning sign. Any sign copy or logo attached to or painted on an awning.
Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar non -rigid material used
for advertising purposes attached to any structure, staff, pole, line,. framing, or vehicle, not
including official flags of the United States, the State of California, and other states of the nation,
counties, municipalities, official flags of foreign nations and nationally or internationally
recognized organizations.
Bench sign. Copy painted on any portion of a bench.
Building frontage. That building elevation which fronts on a public street, pubic parking lot,
private parking lot available to the general public, or pedestrian walk where customer access to
a structure is available.
Business frontage. That portion of a building frontage occupied by a single business tenant
having a public entrance within the building frontage.
Business identification sign. A sign which serves to identify only the name, address, and
lawful use of the premises upon which it is located and provides no other advertisements or
product identification.
Cabinet sign (can sign). A sign which contains all the text and/or logo symbols within a single
enclosed cabinet and may or may not be illuminated.
Changeable copy sign. A sign designed to allow the changing of copy through manual,
mechanical, or electrical means including time and temperature.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-107
Sign Standards 22.xx
Channel letters. Three dimensional individually cut letters or figures, illuminated or
unilluminated, affixed to a structure.
Civic event sign. A temporary on -site sign, other than a commercial sign, posted to advertise
a civic event sponsored by a public agency, private school, church, civic -fraternal organization,
or similar noncommercial organization.
Contractor or construction sign. A sign which states the name of the developer and
contractor(s) working on the site and any related engineering, architectural or financial firms
involved with the project.
Directional sign. An on -site sign which is designed and erected solely for the purposes of
directing vehicular and/or pedestrian traffic within a project.
Directory sign. A sign for listing the tenants and their suite numbers of a multiple tenant
structure or center.
Double-faced sign. A sign constructed to display its message on the outer surfaces of two
identical and/or opposite parallel planes.
Edge of roof. On a pitched roof, the lowest portion of the facia board covering the roof rafters,
or if no facia board exists, the lowest point of the roof rafters. On a flat roof, the top of the
parapet wall.
Electronic reader board sign. A sign with a fixed or changing display/message composed of
a series of lights, but not including time and temperature displays.
Flashing sign. A sign that contains an intermittent or sequential flashing light source.
Future tenant identification sign. A temporary sign that identifies the names of future
businesses that will occupy a site or structure.
Garage sale sign. A sign with a message advertising the resale of personal property that has
been used by the resident.
Grand opening. A promotional activity not exceeding 30 calendar days used by newly
established businesses, within two months after initial occupancy, to inform the public of their
location and services available to the community. "Grand Opening" does not mean an annual
or occasional promotion of retail sales by a business.
Height of sign. The vertical distance from the uppermost part of the sign used in determining
the area of the sign to the elevation of the top of the curb of the public street or the base of the
building, whichever is closer to the location of the sign.
Holiday decoration sign. Temporary signs, in the nature of decorations, clearly incidental to
and customarily associated with nationally recognized holidays and which contain no
advertising message.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-108
Sign Standards
22.xx
Illegal sign. A sign which includes any of the following:
1. A sign erected without first complying with all regulations in effect at the time of its
construction or use;
2. A sign that was legally erected, but whose use has ceased, the structure upon which the
display is placed has been abandoned by its owner, or the sign is not being used to
identify or advertise an ongoing business for a period of not less than 90 days;
3. A sign that was legally erected which later became nonconforming as a result of the
adoption of an ordinance, the amortization period for the display provided by the
ordinance rending the display conforming has expired, and conformance has not been
accomplished;
4. A sign that was legally erected which later became nonconforming and then was
damaged to the extent of 50% or more of its current replacement value;
5. A sign which is a danger to the public or is unsafe;
6. A sign which is a traffic hazard not created by relocation of streets or highways or by
acts of the City; or
7. A sign that pertains to the specific event and five days have elapsed since the occurrence
of the event.
Institutional sign. A sign used by a nonprofit, religious, or public entity (e.g., church, library,
school, hospital, or government building).
Internally illuminated sign. A sign that has characters, letters, figures, designs, or outlines and
whose light source is located in the interior of the sign so that the rays go through the face of the
sign, or light source which is attached to the face of the sign and is perceived as a design element
of the sign.
Logo. A distinctive organization or company signature, trademark, or symbol.
Marquee (canopy) sign. A sign which is attached to or otherwise made a part of a permanent
roof -like structure which projects beyond the building wall in the form of a large canopy to
provide protection from the weather.
Menu board. A sign depicting the menu of a restaurant or fast-food takeout facility.
Monument sign. An independent, freestanding structure supported on the ground having a
solid base as opposed to being supported by poles or open braces.
Multiple tenant site/center. A commercial or industrial development consisting of two or more
separate businesses that share either the same parcel or structure and use common access and
parking facilities.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-109
Sign Standards 22.xx
Nameplate. A small sign or plaque identifying the name and/or address of the occupant of a
structure or business.
Nonconforming sign. An advertising structure or sign which was lawfully erected and
maintained prior to the adoption of this Title, and which has subsequently come under the
requirements of this Title, but does not now completely comply.
Off -Site directional sign. A sign identifying a publicly owned facility, emergency facility, or
a temporary subdivision sign, but excluding real estate signs.
Off -Site sign. Any sign identifying a use, facility, service, or product which is not located, sold,
or manufactured on the same premise as the sign or which identifies a use, service, or product
by a brand name which, although sold or manufactured on the premise, does not constitute the
principal item for sale or manufactured on the premise.
Permanent sign. A sign constructed of durable materials and intended to exist for the duration
of time that the use or occupant is located on the premises.
Political sign. A sign designed for the purpose of advertising support of or opposition to a
candidate or proposition for a public election.
Portable sign. A sign that is not permanently affixed to a structure or the ground.
Projecting sign. A sign other than a wall sign suspending from, or supported by, a structure
and projecting outward.
Promotional sign. A sign erected on a temporary basis to promote the sale of new products,
new management, new hours of operation, a new service, or to promote a special sale.
Property frontage. The front or frontage is that side of a parcel or development site abutting on
a public street.
Real estate sign. A sign indicating that a property or any portion thereof is available for
inspection, sale, lease, rent, or directing people to a property, but not including temporary
subdivision signs.
Roof sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of
the roof.
Sign. Any structure, device, figure, painting, display, message placard, or other contrivance,
or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or
used to advertise, or to provide data or information in the nature of advertising, to direct or
attract attention to an object, person, institution, business, service, event, or location by any
means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or
projected images.
Sign area. The entire area within a perimeter defined by not more than eight straight lines
joined at right angles that enclose the extreme limits of the sign's lettering, logos, trademarks,
or other graphic representations, together with any background trim forming an integral part
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-110
Sign Standards 22.xx
of the display and used to differentiate the sign from the supporting structure or surface upon
which it is placed.
Special event sign/banner. A temporary sign or banner that is intended to inform the public
of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).
Temporary sign. Any sign intended to be displayed for a limited period of time and capable
of being viewed from any public right-of-way, parking area or neighboring property.
Translucent. Surface that allows light to shine through, but is diffused to the extent that distinct
images cannot be perceived.
Vehicle sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent
to any property, the principal purpose of which is to attract attention to a product sold or
business located on the property.
Wall sign. A sign which is attached to or painted on the exterior wall of a structure with the
display surface of the sign approximately parallel to the building wall.
Window sign. Any sign posted, painted, placed, or affixed in or on any window exposed to
public view. Any interior sign which faces any window exposed to public view and is located
within three feet of the window
22aocaooc - General Provisions for All Signs
A. Maintenance of signs. Signs and supporting hardware, including temporary signs, shall
be maintained in good repair and functioning properly at all times. Repairs to signs shall be
of equal or better in quality of materials and design as the original sign. Signs which are not
properly maintained and are dilapidated shall be deemed to be a public nuisance.
When existing signs are removed or replaced, all brackets, poles, and other supports that are
no longer required shall be removed. Unpainted areas shall be painted to match the adjacent
portion of the building or sign support structure.
B. Measurement of sign area.
1. The surface area of a sign shall be calculated by enclosing the extreme limits of all
writing, logo, representation, emblem, or other display within a single continuous
perimeter composed of squares or rectangles with no more than eight lines.
[Graphic to be provided]
2. Supporting framework or bracing that is clearly incidental to the display itself shall not
be computed as sign area.
3. Signs composed of more than one sign face shall be computed as including only the
maximum single display surface that is visible from any ground position at one time.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-111
Sign Standards
22.xx
4. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters
of objects, sculpture or statue -like trademarks), the sign area shall be measured as their
maximum projection upon a vertical plane.
5. For signs that incorporate time and temperature devices, the area of these devices shall
not be included in the total area of the sign.
C. Measurement of sign height. Sign height shall be measured from the upper most part of
the sign used in determining the area of the sign to the elevation of the top of the curb of the
public street or the base of the building, whichever is closer to the location of the sign.
D. Illumination of signs. The artificial illumination of signs, either from an internal or external
source, shall be designed to eliminate negative impacts on surrounding rights -of -way and
properties.
1. External light sources shall be directed and shielded to limit direct illumination of any
object other than the sign.
2. The light from an illuminated sign shall not be of an intensity or brightness which will
interfere with the reasonable enjoyment of residential properties in direct visual
proximity to the sign.
3. Sign shall not have blinking, flashing, or fluttering lights or other illuminating devices
that have a changing light intensity, brightness or color.
4. Colored lights shall not be used at a location or in a manner so as to be confused or
construed as traffic control devices.
5. Neither the direct nor reflected light from primary light sources shall create a hazard to
operators of motor vehicles.
6. Reflective- type bulbs and incandescent lamps that exceed 15 watts shall not be used on
the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-
of-way or adjacent property.
7. Light sources shall utilize energy efficient fixtures to the greatest extent possible.
E. Sign copy. The sign copy (text) of permanent signs shall relate only to the name and/or
nature of the business. Permanent "come-on" signs that advertise continuous sales, special
prices, etc. shall not be allowed.
Sign copy in non-Latin/Roman symbols, numerals, or alphabet characters shall contain a
generic description in English of the nature of the business or use.
Freestanding monument signs shall contain the street address of the use(s) in compliance
with 22.xx.xxx.B. below.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-112
Sign Standards
22.xx
22.xx.xxx - Sign Permits
A. Sign permits required. To ensure compliance with the regulations of this Chapter, a Sign
Permit shall be required in order to erect, move, alter, or reconstruct any permanent or
temporary sign, except signs that are exempt from permits in compliance with 22.xx.xxx
below.
B. Sign permit fee. A Sign Permit processing fee shall be collected upon application for a Sign
Permit or appeal thereof.
C. Temporary sign permit bond. To ensure the removal of temporary signs in a timely
manner, the Director may require that the applicant post a bond in an amount sufficient to
cover the cost of removing the temporary sign and restoring the premises to its proper
condition.
D. Approval of sign permits. A Sign Permit application shall be approved by the Director
provided that the proposed sign is consistent with the intent and provisions of this Chapter.
Review of the Sign Permit shall include consideration of size, color, material, illumination,
location, and other elements of design in compliance with the Sign Design Guidelines
(22.xx.xxx).
E. Revocation of sign permits. The Director may revoke or modify a Sign Permit, in
compliance with Chapter 22.xx (Revocations and Modifications) if it is found that the sign(s)
has been erected, altered, reconstructed, or is being maintained in a manner that is
inconsistent with the approved Permit.
22.xx.xxx - Exemptions From Sign Permits
Sign Permits shall not be required for the signs listed in this Section. Exempt signs shall not be
included in the determination of the total allowable number of signs or total allowable sign area
for a site/use.
A. Permanent signs with no size limitation.
The following signs are exempt from Sign Permit review subject to the following limitations:
1. Signs located within shopping centers or similar areas where the signs are not visible
from any point on the boundary of the premises;
2. Official and legal notices required by a court or governmental agency,
I A sign erected and maintained in compliance with and in discharge of a governmental
function or required by a law, ordinance or governmental regulation, including signs
erected by a public utility;
4. Signs on licensed commercial vehicles, including trailers; provided, however, that
vehicles/trailers shall not be used as parked/stationary outdoor display signs;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-113
Sign Standards 22.xx
5. Bench and other signs located at designated public transit locations; and
6. Change of copy within an approved Comprehensive Sign Program that conforms to the
provisions of the Comprehensive Sign Program. (22.xx.xxx).
B. Permanent signs limited by maximum size.
The following signs are exempt from Sign Permit review subject to the following limitations:
1. Occupant name, street number, and street name signs not exceeding two square feet in
area per single-family or multi -family unit;
Signs for commercial, office and industrial uses not exceeding two square feet and
limited to business identification, hours of operation, address and emergency
information;
Vehicle oriented safety and directional signs solely for the purpose of guiding traffic,
parking, and loading on private property, and not bearing advertising materials.
Maximum sign area shall be four square feet in residential zoning districts and six
square feet in commercial zoning districts. Maximum height for freestanding signs shall
be four feet. Taller signs may be approved by the Director, if visibility will not be
impaired;
4. Affiliation signs for auto -related uses, motels, and hotels that show notices of services
provided or required by law, trade affiliations, credit cards accepted, and similar signs
provided they are attached to an otherwise approved freestanding sign, or structure.
Signs or notices shall not exceed one-half square foot in area per sign, and no more than
six signs are allowed per business;
5. Gasoline pump signs identifying the brand, types, and octane rating provided the signs
do not exceed two square feet per pump face;
6. Names of structures, commemorative plaques, tables, dates of construction, and the like
when carved in stone, concrete, or similar materials or made of bronze, aluminum, or
other similar permanent material and mounted permanently on a structure. These signs
shall not exceed four square feet and five feet in height; and
7. Official flags of a nation, the State of California, other states of the Nation, and
municipalities provided that the pole height shall not exceed 25 feet in residential zoning
districts and 35 feet in nonresidential zoning districts. The length of the flag shall not
be more than 1 /4 of the height of the pole. Larger flags may be approved subject to
approval by the Director.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 II1-114
Sign Standards 22.xx
C. Temporary signs limited by size and period of display.
1. Real estate signs. Real estate signs offering property for sale, lease, or rent are allowed
on private property in any zoning district subject to the owner's permission and the
following limitations:
a. For single-family dwellings, one sign per street frontage not to exceed four square
feet in area and six feet in height. In addition, up to four "open house" signs not
exceeding two square feet each are allowed when a sales agent or owner is present
at the site. Signs shall be removed when the open house ends.
b. For multi -family dwellings, one sign per street frontage not to exceed 32 square feet
and six feet in height;
c. Individual commercial, office, and industrial properties not located in a commercial
center or industrial/business park, one sign per street frontage not to exceed 16
square feet and six feet in height. Parcels with more than 200 feet of frontage, or that
have a freeway orientation, or have limited visibility due to topographic constraints,
may be allowed larger and/or higher signs subject to approval of the Director.
d. Individual tenant spaces within multi -tenant commercial centers, office structures
and industrial subdivisions offered for sale, rent, or lease, one sign per street
frontage not to exceed 16 square feet and six feet in height. In addition, one sign for
each tenant space available not to exceed six square feet to be located at the
individual tenant space for rent or lease.
e. Signs shall be removed within 10 days after sale, lease, or rental of the property.
2. Future tenant signs. Future tenant identification signs that announce the future use of
a project while under construction subject to compliance with the following limitations:
a. One sign per street frontage except where a project has in excess of 500 lineal feet of
street frontage, one additional sign may be allowed;
b. Signs shall be limited to a maximum of 32 square feet and six feet in height.
Maximum 50 square feet if combined with a construction sign; and
c. Signs shall be removed upon occupancy of the site.
3. Construction signs. Signs that provide the names of the architects, engineers, and
contractors working on the site of a development project subject to compliance with the
following limitations:
a. One sign per street frontage not to exceed 20 square feet with a maximum height of
six feet. Maximum size of 32 square feet if combined with a future tenant sign; and
b. Signs shall be removed upon first occupancy of the site.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 I1I-115
Sign Standards
22.xx
22.xx.xxx - Comprehensive Sign Program
A. Purpose. The purpose of a Comprehensive Sign Program is to integrate a project's signs
with the design of the structures to achieve a unified architectural statement. A
Comprehensive Sign Program provides a means for the flexible application of sign
regulations for multi -tenant projects and other users of multiple signs in order to encourage
creativity and provide incentive and latitude in the provision of multiple signs and to
achieve, not circumvent, the intent of this Chapter.
B. Comprehensive Sign Permit required. The Commission may approve a Comprehensive
Sign Permit which may deviate from the development standards for signs for the zoning
district in which the project is located. Standards for signs provided in this Chapter shall
serve as a reference for evaluating Comprehensive Sign Permit applications.
A Comprehensive Sign Permit shall be required whenever any of the following
circumstances exist:
1. New multi -tenant developments of three or more separate tenants that share either the
same parcel or structure and use common access and parking facilities;
2. Whenever five or more signs are proposed for a new or existing development;
3. Whenever wall signs are proposed on structures over two stories in height;
4. Whenever two or more signs are requested by a single tenant in an existing multi -tenant
project that currently is not covered by a Comprehensive Sign Program; and
5. Whenever the Director determines that a Comprehensive Sign Program should be
developed for a project due to special circumstances (e.g., the number or size of signs
proposed, constrained visibility of the site, location of site relative to major
transportation routes, etc.).
D. Lessees to be informed of Comprehensive Sign Program. Lessees within developments
subject to the requirements of an approved Comprehensive Sign Program shall be made
aware of the Program in their lease and their responsibility to follow the approved
Comprehensive Sign Program.
E. Findings. In approving an application for a Conditional Use Permit/Minor Conditional Use
Permit authorizing a Comprehensive Sign Program, the Commission/Zoning Administrator
shall make the following findings in addition to those required for a Conditional Use
Permit/Minor Conditional Use Permit in compliance with Chapter 22.xx:
1. The Comprehensive Sign Program satisfies the purpose of this Chapter and the intent
of this Section;
2. The signs enhance the overall development, are in harmony with, and are visually
related to other signs included in the Comprehensive Sign Program and to the structure
and/or uses they identify, and to surrounding development;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-116
Sign Standards
22.xx
3. The Comprehensive Sign Program accommodates future revisions which may be
required due to changes in uses or tenants; and
4. The Comprehensive Sign Program complies with the standards of this Chapter, except
that flexibility is allowed with regard to sign area, number, location, and/or height to
the extent that the Comprehensive Sign Program will enhance the overall development
and will more fully accomplish the purposes of this Chapter.
F. Revisions to Comprehensive Sign Programs. Revisions to a Comprehensive Sign Program
may be approved by the Director if it is determined that the revision is minor and that the
intent of the original approval, and any conditions attached thereto, are not affected. For
revisions that would substantially deviate from the original approval, the Director may
require that a modification to the Conditional Use Permit application be filed.
22.xx.xxx - Sign Design Guidelines
In determining the consistency of each proposed sign with the purposes of this Chapter, the
following guidelines shall be applied:
A. That the proposed sign will be legible to the intended audience under normal viewing
conditions, based on its proposed location, and the design of its visual element;
B. That the proposed sign will not obscure from view or detract from existing signs, based on
its location, shape, color, and other similar considerations;
C. That the proposed sign will be in harmony with adjacent properties and surroundings,
based on the size, shape, height, color, placement, and the proximity of the proposed signs
to adjacent properties and surroundings;
D. That the proposed structure, sign or display will be designed, constructed, and located so
that it will not constitute a hazard to the public; and
E. That the proposed sign is not designed to be viewed from a freeway, unless specifically
provided for under the terms of this Chapter.
22.xx.xxx - Prohibited Signs
The following signs are inconsistent with the purposes and standards of this Chapter and are,
therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures;
B. Animals or human beings, live or simulated, designed or used so as to attract attention to
the premises.
C. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except
time/temperature devices and barber poles and signs or decorations commemorating a
National, State, or local holiday;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-117
Sign Standards 22•xx
D. Banners, streamers, and pennants, except as specifically allowed by the provisions of
22.xx.xxx. (Exemptions from Sign Permits);
E. Bench signs, except at approved bus passenger loading areas;
F. Changeable copy signs, except as approved for a civic organization/institution, place of
worship, movie theater, or gasoline pricing sign;
G. Electronic reader board signs, except time/temperature devices;
H. Inflated signs, balloons, and figures except as provided in 22.xx.xxx.;
I. Neon signs, except as approved through a Comprehensive Sign Program;
J. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent
or immoral character which appeal to the prurient interest in sex, or which are patently
offensive and do not have serious literary, artistic, political, or scientific value;
K. Off -site signs not specifically allowed by the provisions of this Chapter, including billboards
and outdoor advertising;
L. Painted signs on fences, walls, or roofs;
M. Portable signs, except as approved through a Comprehensive Sign Program;
N. Pole -mounted signs;
O. Price signs, except for service stations;
P. Projecting signs;
Q. Roof signs extending above the edge of the roof of a structure;
R. Signs erected in a manner that a portion of its surface or supports will interfere in any way
with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door;
stairway, or window above the first story;
S. Signs not in compliance with the provisions of this Chapter;
T. Signs emitting audible sounds, odors, or visible matter;
U. Signs that conflict with or imitate traffic control devices due to color, wording, design,
location or illumination, or that interfere with the safe and efficient flow of vehicular and/or
pedestrian traffic;
V. Signs on public property or projecting within the public right-of-way, except with an
encroachment permit issued by the City;
W. Strings of lights or signs outlined with individual light bulbs; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-118
Sign Standards
22.xx
X. Vehicle signs attached to or painted on motor vehicles or trailers that are parked on or
adjacent to property for more than 48 consecutive hours, the principal purpose of which is
to attract attention to a product sold or business located on or near the property where the
vehicle or trailer is located.
22.xx.xxx - Nonconforming Signs
A nonconforming sign is any permanent or temporary sign that was legally established and
maintained in compliance with the provisions of all applicable laws in effect at the time of
original installation but that does not now comply with the provisions of this Development
Code.
It is the intent of this Section to recognize that the eventual elimination of signs that do not
comply with the provisions of this Chapter is as important as the prohibition of new signs that
would violate these standards.
A. Abatement. After the expiration of the time period applicable to a particular type of sign,
as provided in Subsection B. below, signs not conforming to the provisions of this Chapter
shall be brought into compliance.
B. Amortization. After the date of enactment of this Chapter, the following signs located
within any zoning district shall be brought into compliance with the provisions applicable
to the zoning district within the following time periods:
1. Temporary signs.
a. 90 days. Paper, cloth and cardboard signs, banners, balloons, flags, bunting,
portable signs, moving, flashing and scintillating signs, and other similar signs
except those classified as seasonal decorations.
b. 12 months. Signs painted on structures, walls, roofs, or fences.
2. Permanent signs -15 years. Signs constructed of durable materials (e.g., metal, plastic,
wood) designed to have a useful life of more than one year.
C. Annexed areas. Except as otherwise provided in this Section, signs in areas annexed to the
City after the date of adoption of this Chapter which do not conform to the provisions of this
Chapter, shall be regarded as nonconforming signs which may remain for the remaining
amortization period as listed above, or for a period of five years from the date of annexation,
whichever is longer.
D. Exception. If a nonconforming sign has historical significance apart from its main purpose
of advertising, the sign may be granted a Conditional Use Permit for continued use in
compliance with 22.xx (Conditional Use Permits).
E. Maintenance and repair. Nonconforming signs and sign structures may be maintained and
repaired in compliance with 22.xx.xxx. (Restrictions on Nonconforming Structures and
Uses).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft -July 1997 III-119
Sign Standards 22.xx
22.xx.xxx - Abandoned Signs
A sign shall be removed by the owner or lessee of the premises upon which the sign is located
when the business that it advertises is no longer conducted on the premises. The sign shall be
removed within 30 days of the close of business. If the owner or lessee fails to remove the sign,
the Director shall give the owner thirty days written notice to remove it. Upon failure to comply
with the notice, the Director may have the sign removed at the owner's expense.
22.xx.xxx - Standards for Specific Types of Signs
A. Awning signs
1. Signs on awnings shall only be located on building frontages, including those fronting
a parking lot or pedestrian way.
2. Signs on awnings are limited to ground level and second story occupancies only.
3. Awnings shall not be internally illuminated. Lighting directed downwards that does not
illuminate the awning is allowed.
B. Freestanding signs
1. Signs are allowed only for frontages adjoining a public street.
2. Freestanding signs shall not be located closer than 25 feet from a property line, except
that a sign may be located up to 10 feet from an ultimate street right-of-way line.
3. There shall be a minimum of 75 feet between two freestanding signs on adjoining sites
to ensure adequate visibility for all signs. The Director may waive this requirement in
situations where its enactment would be impractical due to the locations of existing
signs on adjacent properties.
4. Signs shall not project over public property, vehicular easements, or rights -of -way.
Signs shall not obstruct traffic safety sight areas.
5. Landscaping shall be provided at the base of the supporting structure equal to twice the
area of one face of the sign. For example, 30 sq. ft. of sign area = 60 sq. ft. of landscaped
area.
6. Freestanding monument signs shall contain an address plate identifying the project or
use by specific street address. The address plate shall not exceed four square feet of sign
face area. Numbers shall be a minimum of six inches in height. Address plates shall not
be calculated against the permitted sign face area.
C. Freeway -oriented signs. On -site freestanding signs may be permitted by Conditional Use
Permit in lieu of wall signs when they are visible from and adjacent to a freeway right-of-
way in compliance with the following:
1. Signs are only for the purpose of advertising lodging accommodations;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-120
Sign Standards
22.xx
2. It can be demonstrated that wall signage cannot be located on the building itself in a
manner that they will be visible to motorists traveling in either direction along the
freeway;
3. The highest point of a freestanding sign shall not exceed 25 feet above the height of the
freeway (excluding access ramps) as measured at the point nearest to the proposed sign;
and
4. The maximum dimensions of each sign face shall be 8 feet in height and 16 feet in width.
If the site upon which lodging accommodations are located contains businesses engaged
in the sale of food and fuel in addition to the place of lodging, these uses may also be
identified on the freeway sign provided that:
a. No more than one use of each type is identified;
b. Changeable copy signage is not allowed;
c. The maximum size permitted for the freestanding sign is not exceeded;
d. No wall signs are visible from the freeway for uses identified on the freestanding
sign; and
e. Advertising for uses engaged in the sale of food and fuel shall be clearly subordinate
to that of the lodging accommodations.
D. Marquee signs.
1. Signs shall be mounted only on the front or sides of a marquee, or suspended below.
2. Signs shall not project more than six inches from the face of a marquee.
3. Signs shall not extend above the top of a marquee.
4. A clear distance of eight feet shall be maintained from the lowest part of a suspended
sign to the ground below.
E. Neon signs and architectural lighting. The use of neon tubes for signs or architectural
elements shall be permitted in commercial zoning districts only subject to the following
requirements:
1. Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a
maximum 20 amps per circuit and be designed to accommodate a dimmer in order to
reduce the brightness of the neon;
2. The neon manufacturer shall be registered with Underwriters Laboratories;
3. Neon tubing shall not exceed one half inch in diameter;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-121
Sign Standards
22.xx
4. Neon lighting adjacent to residential uses shall not exceed one half footcandle measured
at the property line;
5. Neon tubing shall not be combined with any reflective materials (e.g., mirrors, polished
metal, highly -glazed tiles, or other similar materials);
6. When used as an architectural element, neon tubing shall be used only to reinforce
specific architectural elements of the structure and shall be concealed from view
whenever possible through the use of parapets, cornices, or ledges; and
7. Neon signs hung inside a storefront window shall not occupy more than 25 percent of
the window area.
F. Temporary signs.
1. Temporary special event signs. A special event sign or banner is intended to inform the
public of a unique happening, action, purpose, or occasion, such as a grand opening or
community event, and shall comply with the following standards:
a. A business or commercial center may be allowed to display special event signs or
banners for a grand opening or similar event for four periods per calendar year for
a maximum of five days per event, with a minimum of 30 days between events. Sign
area is limited to 50 square feet;
b. An organization may be allowed to display special event signs or banners in any
zoning district for a period of up to two weeks. Periods up to 60 days may be
approved by the Director if the applicant provides written justification. Sign area
is limited to 50 square feet. Inflatable devices shall not exceed three feet in diameter;
and
c. Special event signs shall not include promotional advertising.
2. Temporary advertising/promotional signs and devices. Temporary
advertising/promotional signs painted on a window or constructed of paper, cloth, or
similar disposable materials, windblown devices (e.g., pennants, streamers, and
banners), and inflatable devices subject to the following limitations:
a. Signs and other devices maybe displayed for a maximum of 30 days within a 90 day
period to promote a particular event, sale, or product;
b. The total area of all temporary signs and banners shall not exceed 25 square feet per
business;
c. Inflatable devices are allowed on freeway oriented parcels in a commercial zoning
district. Tethered balloons and inflatable devices shall not exceed a height of 60 feet
above finished grade;
d. The area of temporary signs attached to, or painted on windows shall not exceed 25
percent of the window area;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-122
Sign Standards
22.xx
e. Signs shall not be attached to the exterior of windows or doors except painted -on
signs; and
f. Signs shall not be located above the edge of the roof or above the sill of the second
story windows on a multi -story structure.
3. Temporary business identification signs. A maximum of two temporary signs for the
identification of a new business until permanent signs can be erected are allowed for a
period not to exceed 90 days. One time extension may be granted by the Director.
Maximum sign area is limited to 50 square feet.
4. Temporary subdivision signs. The placement of on -site subdivision
identification/directional signs shall comply with the following standards:
a. Signs may contain only the name of the subdivision, name of the developer and/or
agent, an identification emblem, sales price, and directional message;
b. A maximum of two on -site signs may be located within the project;
c. The total area of each sign shall not exceed 32 square feet;
d. The height of each sign shall not exceed six feet;
e. Signs shall not be illuminated;
f. Signs may be displayed during the two years following date of recordation of the
final map, or until 100 percent of the units have been sold, whichever occurs first.
Small apartment complexes (29 units or less) may display sales signs during
construction and for a period of one year following the issuance of the Certificate of
Occupancy; and
g. Apartment and group housing complexes of 30 units or more shall be considered
within the definition of a subdivision for the purpose of this Subsection.
G. Wall signs.
1. Signs shall be located only on building frontages unless specifically approved by the
Director.
2. Signs shall not project from the surface upon which they are attached more than
required for construction purposes and in no case more than 12 inches.
3. Signs shall not project above the edge of the roof of a structure.
4. Signs shall not be placed to obstruct any portion of a window.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-123
Sign Standards
22.xx
H. Window signs.
1. Signs shall be allowed only on windows located on the ground level and second story
of a building frontage.
2. Signs shall be permanently painted or mounted on the inside of windows and doors.
3. Signs shall not occupy more than 25 percent of the window area of any one window
including permanent and temporary signs.
22.xx.xx c - Sign Standards by Zoning District
The sign standards provided in this Section are intended to apply to signs in all zoning districts.
Only signs authorized by this Section shall be allowed unless otherwise expressly provided in
this Chapter. The following standards are maximums and lesser standards may be applied to
a particular project if the circumstances warrant.
Table 3-xx does not provide standards for temporary signs or signs that are exempt from Sign
Permits. Standards for these signs are provided in 22.xx.xxx.E. (Temporary Signs) and 22.xx.xxx
(Exemptions from Sign Permits).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-124
M
C U
C
-
ca x
C
O is
o
o
0)
E
H
ai
Z .�
S
j
•45
•U
—C=j
45
yO�
O �'
O �'
O
� •O)
c
+••.
O to
co C
N (a
U) E
N E
co
.Q
a)
d
C to
Gf
- oC
'o �_•
a c
•-
a c
ao •-
v
-a
E$
Co
co
a>
.n
a .n
O -
a5
ca O
C
ca O
C
c
O O
C
a
E �, 3
E as
E is
E
is ai ai
z 0 CC.i
z v
z coz
v °'
aai
o
m
o
E >
CD
leico
co
O
U
ca
0 a
R
C ..O
O
U
�_ q
N
coN
_
C
CD
ca
O
O (D
O
O N
CD
m
a) E
rn o
(D
rn
o E
rn
o
o
o
0
0 -- E
0 .- E
0 E
c`cn
m $
m gv
m $�
o
:
N E
CIS
E y
O
cII N
'M
ya
E
E
rL
in
c
v
V
a>
�Z
n_
n
n
n o
a
r o
r
r
r
r
a>
o
=3
a>
a3
c
E
c
E
c
E
aci
m `
`o
`o
`o
<n
zcz
a c
_
c o
as _
•R
a
CO
_ c
=
-:
a)
v_
—
CO aa)
c
a�
a
a
•U
cc C1
O C
N
•cts
c
a
E
m
x
O
v
cn aM
E
m
CC rn
N
C
Cn
r
CV
C'>
ef'
ui
i•
0
ri
N
c
rn
0
0
c u-
E;
Q) X
$ YC
EN
> p
mX
O �
U
X
C cc
L `1
CV
N
O
N O
C
d
m �
65 n
N
m
}
}
y
a U
co
N co
E O c
-0
a)
Q c 3
rn
as
Ca — o a)
(n
o A3 o cO
c '>
7= O
U) d ca c
rn oa E m -
Cl) a C w �
.�
.o
O
N
0)
-o
N
0
m g
co
o) Occ"P 2 c d a
E N d
(n � C c N N
o
P L C
3
- a) N 5 co E
`'� N
o ai
to � O p ""
��
0
CC C
LC) Zf `.: � U � a)
O
to C � E
N a) 1 0) O
2
co .n r� to r 7
d' .V N O
N N a O ..-
m
C
I
as
ao
N
E
co
0
a)
m E 3
z o 0
CD
c
O
aa i
rn
U co
O
0)
E
C
ca (n
c
E
a76
o c
o a
-o o
ca
•� i-Z
'0
�C
CD
XX
Ca X
O
Q)
N O
0
X
N
N
C
c
O c
CZ ic1 Z
O
a) O
V
to
N
M
a
C E N
ct
m Q
z
O) (L) . U
Gn v o
U
0
O
o
.n
co
c
ca
>
0
� �
O
N
m
a
0
3
o
m g
to
to
O
O
c
N O
0 WE
N
0)
U
W c0
0
p •O
ca
O N
N
E L
c a)
a
7rr._
C
N
N
N 3 co
cn :? E
d
r ca
CQ
CO
CD
CD
a
as
N
C
t0.)
c
c
c C
w
O
.0
O
.0
O O
•U
'AU)
V
C
C
N
G
C
G C
N h
cc
W
N
a) a)
c
c
c c
.cam.
m
m
m m
Cq
r
N
CIS eY'
`m
a
m
E
v_ c _
c O 7i
p>2
o r,) -o
Q>' O O
N c U
p O
O
o
«)
coi a_i .0 co c
a) d cc$ CO
c6 C E C C
0) a)
O In
c x
cSf QO- p> c6 co
u) 3 CJ '� 2 E
O d U
C
a as
N ..-
N
E
=3
C
(n
�
•O
a
c
as
0
.0
0
.0
�.
C
o
CD
c
O
c
O
N
V
G
to
o
a
N
V
4)
U
O
C
m
to
aa))
Cq `c
m
tCj
m
� s a
0
N
N
CJ)
`o
o
-
t,42
c
d
c
-
C
cu
d
C
O c
r
3
i
N
a)
CC
O
ca
(a E
C
t
o
1°
E
>
a> o
c m
0
u
0 rn
N
7S
O N
C c
O O
c'
N
N
O U
O
G
L O O
O
Cn n.
� P•
C
U)
N
N
O
J
N
U
O U
cc f�`6
co E O Y
h E p c .....
C
O N
30
a) y .Y
a $ 3 $'
is — — as
Ca
Fu o :5 a)
J_-
cc
N to
y 0 ^ a) o ca
-�
V! N (a C
tq N C
$
rn8 o E
o)ca oc•E c m
- =
Z
Za
CO .n a (p in
CO .6 O_ 5
L
O
N
N
min
o O
3
c'ci
CD
Co
LO
rn m c
g
3
c rn
c
o�
o�
c
rn
c »a Cl 0 o' c
rn Rs o$ c E
Eco
6
.:
`� c � - vi vi
_o c —:
'- ao
v
ai
._
m
vi
c o o m T co
to rn Rs •N
-
D
O OD
N
N
O
N N D
$ N
-
N �—
cD
I�
N
coma CL
�— cs O C
O
-p
�;
'O
N
N
C
C N
d
N
U) O
C
U
C
a o
N c
c o
O c L
fl-o �•
a)N
Q
vcCL
.o 3 0.
-
c
a�
c
a�
aci
N
_
-
o
0
la
V w O
U
N O
rn a c
c
c
Q c e c
acc
-'�
C�
O
C .�
O is w is
N •� t_t i U
.�
to �
• � = w
m
y a
(D
_
a
c U) rn n
cu
U
»� U m m CS m
CV C-i
r N M
C)
1
§
q
� �
2
ca
R
4
\
c /
\
�
\LF- \
ca q
)
.\
CD
:Sm£«
C:,§
(
%
�
\ /
-G2
8 2
\
& \
fƒbLO
. }
E\
cn
.}
«�z<
�
«
\\
§
\
6
_
b
§
§
}
@
\?<%
A
%
M.
CHAPTER 22.XX - TREE PRESERVATION AND PROTECTION
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Applicability
22.xx.xxx - Definitions
22.xx.xxx - Protected Trees
22.xx.xxx - Damaging Protected Trees Prohibited
22.xx.xxx - Tree Removal Permit or Tree Pruning Permit Required
22.xx.xxx - Exemptions
22.xx.xxx - Tree Removal in Conjunction with a Discretionary Permit
22.xx.xxx - Application Submittal Requirements
22.xx.xxx - Action on Application
22.xx.xxx - Conditions of Approval
22.xx.xxx - Findings for Approval
22.xx.xxx - Tagging
22.xx.xxx - Tree Replacement/Relocation Standards
22.xx.xxx - Tree Protection Requirements
22.xx.xxx - Post Decision Procedures
22.xx.xxx - Tree Replacement Fund
One of Diamond Bar's most important resources is the beauty of its natural environment. Native
trees are a significant part of this environment. While impacted by development over the years,
several areas in the City still contain native oak, walnut and riparian woodlands which support
species of trees important to our natural heritage.
Trees are an important natural resource, contributing to the environment by replenishing
oxygen and counteracting air pollution, controlling soil erosion, and providing wildlife habitat.
Trees are an aesthetic asset which provide scale, color, aroma, shade, visual buffers between land
uses, and increased property value. It is essential to the public peace, health, and welfare that
such trees be protected from random removal or cutting, especially where such trees are
associated with a proposal for development.
The General Plan, as the overall policy document for the City requires the preservation and
maintenance of native trees including oak, walnut, sycamore, willow, naturalized California
Pepper and significant trees of cultural or historical value. The purpose of this Chapter is to
protect and preserve these trees and when removal is allowed as a result of new development
to require their replacement.
22.xx.xxx - Applicability
The provisions of this Chapter shall apply in all zoning districts to the removal, relocation or
pruning of protected trees as provided in 22.xx.xxx (Protected Trees). Exceptions to the
provisions of this Chapter are outlined in 22.xx.xxx (Exceptions).
22.xx.xxx - Definitions
For the purpose of this Chapter, the following terms, words and phrases shall have the meanings
ascribed to them by this Section:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-129
Tree Preservation and Protection
22.xx
A. Arborist. 1) A person currently certified by the Western Chapter of the International
Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who
satisfies the requirements of the American Society of Consulting Arborists; or 3) such other
qualified professionals who the Director determines has gained through experience the
qualifications to identify, remove or replace trees.
B. Arborist report. A report prepared by an arborist for: the potential impact of development
on existing trees; the current health and/or structural stability of existing trees; the
restorative or remedial measures for mitigation of potential or actual development impacts
to existing trees, and the probability of long-term success of replacement trees.
C. Compensatory pruning. Pruning that is necessary to reinstate the proper root equilibrium.
D. Cutting or pruning. The detaching or separating from a protected tree any trunk, limb, branch, or
root.
E. Damage. Any action causing or contributing injury to the root system or other parts of a tree, by fire,
application of toxic substances, operation of machinery or equipment; improper watering; changing
natural grade of land by excavation or filling the drip line area around the trunk; or by attaching signs
or artificial material thereby piercing the bark of the tree.
F. Director. The City of Diamond Bar Community Development Director.
G. Deadwood. Limbs, branches or a portion of a tree that contains no leaves during a period of the year
when leaves should be present.
H. Diseased trees. Trees afflicted by but not limited to any of the following: insect infestation, heart rot,
exfoliation, slime flux, crown rot, leaf scorch, and root fungus which must be evaluated, treated and
re-evaluated in an effort to restore or save the tree.
I. DBH (diameter at breast height). The diameter of a tree trunk measured in inches at a height of 4.5
feet at the highest point of the natural grade or existing grade adjacent to the trunk. If a tree splits into
multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.
J. Drip line. A line which may be drawn on the ground around a tree directly under its outermost
branch tips and which identifies that location where rainwater tends to drip from the trees. When
depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of
the tree's branches as seen from overhead.
K. Protection zone. The area within the drip line of a tree and extending to a point at least five feet
outside of the dripline, or 15 feet from the trunk of a tree, whichever distance is greater.
L. Natural grade. The elevation of the ground level in its natural state before grading, filling or
construction.
M. Stand. A natural grouping of three or more trees.
N. Topping or pollarding. The practice of making large perpendicular cuts on a main trunk or laterals,
resulting in a flush of small brittle branches in an unnatural growth pattern. Often used to decrease
height of trees.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-130
Tree Preservation and Protection
22.xx
O. Trees of significant historical or cultural value. A tree that is deemed historically or culturally
significant by action of the City Council because of its size or location, association with a particular
place, or its status as a local landmark.
22.xx.xxx - Protected Trees
A. A protected tree is any of the following:
B. Native oak, walnut, sycamore, willow, and naturalized California Pepper trees with a DBH of eight
inches or greater;
C. Trees of significant historical or value as designated by the Council;
D. Any tree required to be preserved or relocated as a condition of approval for a discretionary permit;
E. Any tree required to be planted as a condition of approval for a discretionary permit; and
F. A stand of trees, the nature of which makes each tree dependent upon the others for survival.
22.xx.xxx - Damaging Protected Trees Prohibited
Except as provided in 22.xx.xxx (Exemptions), no person shall cut, prune, remove, relocate, or otherwise
destroy a protected tree.
The topping of protected trees is prohibited. No reduction of the tree crown shall be permitted without a
Tree Pruning Permit and then only by "thinning out" selected branches in compliance with guidelines
published by the National Arborists Association.
22.xx.xxx - Tree Removal Permit or Tree Pruning Permit Required
No person shall remove or relocate a protected tree or develop within the protection zone of a protected
tree without first obtaining a Tree Removal Permit from the Director. No person shall prune a protected
tree without first obtaining a Tree Pruning Permit from the Director if branches are to be pruned that are
over 4 inches in diameter at the point of the cut. The maximum amount allowed for the pruning of a
protected tree shall be 20 percent, except for Oak trees which shall be 10 percent.
22.xx.xxx - Exemptions
The following shall be exempt from the provisions of the Chapter:
A. Trees held for sale by licensed nurseries or tree farms or the removal or transplanting of trees for the
purpose of operating a nursery or tree farm;
B. A tree that is so damaged, diseased or in danger of falling (as verified by an arborist) that it cannot
be effectively preserved, or its presence is a threat to other protected trees or existing or proposed
structures;
C. Trees within public rights -of -way where their removal, pruning or relocation is necessary to obtain
adequate line -of -site distances or to keep streets and sidewalks clear of obstructions as required by
the City Engineer;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-131
Tree Preservation and Protection 22•xx
D. Trees that present a dangerous condition requiring emergency action to preserve the public health,
safety and welfare as determined by the Director.
E. The maintenance of trees that interfere with a public utility's ability to protect or maintain an electric
power or communication line, or other property of a public utility; or
F. The pruning of branches not to exceed 4 inches in diameter or compensatory pruning in compliance
with guidelines published by the National Arborists Association, intended to ensure the continued
health of a protected tree.
22.xx.xxx - Tree Removal in Conjunction with a Discretionary Permit
When the removal or relocation of a protected tree is proposed in connection with an application for
another discretionary permit, the Director may waive the requirement of a separate Tree Removal Permit
and require necessary information to be submitted as part of the discretionary permit application. All of
the standards of this Chapter, including 22.xx.xxx (Tree Replacement/Relocation Standards) and
22.xx.xxx (Tree Protection Standards), shall apply to the approval of a discretionary permit.
22.xxxxx - Application Submittal Requirements
A. Applications for a tree removal permit or a tree pruning permit shall be filed with the department. The
Department will consider an application complete when all necessary application forms, materials and
exhibits, as established by the department, have been provided and accepted as adequate and all
necessary fees have been paid.
B. The Director may require the submittal of an arborist report before accepting the application for filing.
Arborist reports shall be paid for by the applicant and may be required to include specific information
as required by the Director.
C. The Director may require the submittal of an arborist report before accepting the application for filing.
Arborist reports shall be paid for by the applicant and may be required to include specific information
as required by the Director. This information may include but is not limited to: the impact on existing
trees, the health and structural stability of existing trees and any remedial measures or mitigation
recommended.
D. The Director may require additional information when deemed necessary for permit processing. Any
request for the removal or relocation of a protected tree proposed in conjunction with an application -
for another discretionary permit, shall be subject to approval by the same hearing body as the
discretionary permit.
22.xx.xxx - Action on Application
An application for a Tree Removal Permit or Tree Pruning Permit, shall be approved, conditionally
approved or denied by the Director. Where the Director finds that significant policy questions are at issue,
the Director may refer the application to the Commission for action. If an application is denied, the
reasons shall be provided to the applicant in writing.
22.xxxxx - Conditions of Approval
In approving an application for a Tree Permit or Tree Pruning Permit, the Director or Commission may
require the applicant to meet certain conditions in order to secure the purpose of this Chapter. Conditions
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-132
Tree Preservation and Protection 22.xx
may include, but are not limited to, measures designed to protect and preserve protected trees remaining
on the site and the restoration of protected trees removed from the site. -
22.xx.xxx - Findings for Approval
In order to approve an application for a Tree Permit or Tree Pruning Permit, it shall be necessary that one
or more of the following findings be made, otherwise the application shall be denied:
A. The tree is so poorly formed due to stunted growth that its preservation would not result in any
substantial benefits to the community;
B. The tree interferes with utility services, or streets and highways, either within or outside of the subject
property, and no reasonable alternative exists other than removal or pruning of the tree(s);
C. The tree is a potential public health and safety hazard due to the risk of it falling and its structural
instability cannot be remediated;
D. The tree is a public nuisance by causing damage to improvements, (e.g. building foundations,
retaining walls, roadways/driveways, patios, and decks);
E. The tree is host to an organism which is parasitic to another species of tree which is in danger of being
externunated by the parasite;
F. The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been
identified as a public safety hazard; and
G. Preservation of the tree is not feasible and would compromise the property owner's reasonable use
and enjoyment of property or surrounding land and appropriate mitigation measures will be
implemented in compliance with 22.xx.xxx (Tree Replacement/Relocation Standards) below.
22.xx.xxx - Tagging
In the process of preparing a Tree Report, each tree is required to be physically marked for identification
by consecutively numbered tags. The following method of tagging shall be used to identify and locate
applicable trees:
A. A permanent tag, a minimum of two inches in length, shall be used for identifying applicable trees.
The tag shall be made from a noncorrosive, all-weather material and be permanently attached to the
tree in a manner preserving its health and viability.
B. Tags shall be located on the north side of the tree at a height of four and one half feet above natural
grade.
22.xx.xxx - Tree Replacement/Relocation Standards
A. Replacement trees shall be indigenous to the area whenever feasible as determined by an arborist.
B. Replacement trees shall be planted at a minimum 2:1 ratio for residential properties less than 20,000
square feet. Residential parcels greater than 20,000 square feet and commercial and industrial
properties shall be planted at a minimum 3:1 ratio. The Director or Commission may grant exceptions
to these requirements or may require additional replacement trees based on the following
considerations:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-133
Tree Preservation and Protection 22.xx
1. The vegetative character of the subject property;
2. The number of protected trees which are proposed to be removed in relation to the number of
protected trees currently existing on the subject property;
3. The anticipated effectiveness of the replacement of trees, as determined by arborists' report
submitted by the applicant; and
C. Replacement trees shall be a minimum box size of 24 inches for six or fewer replacement trees. For
greater than six replacement trees, the sizes shall be determined by the Director. Smaller container
sizes may be approved by the Director or Commission when additional replacement trees are provided
significantly exceeding the required replacement ratios.
D. Tree relocation or replacement shall be on the same site to the extent feasible. A written report by an
arborist is required concerning the methodology and feasibility of transplanting trees.
E. Where site conditions preclude the long-term success of replacement trees, the Director or
Commission may require either or both of the following alternatives:
1. Planting replacement trees on public property (e.g., designated open space areas or public parks);
and/or
2. Monetary donation to a Tree Replacement Fund in the amount equal to the value of required
replacement trees, and the cost of installation as established by an arborist's report.
F. The applicant may be required as a condition of permit approval to enter into a tree maintenance
agreement prior to removal of any protected tree or commencement of construction activities that may
adversely affect the health and survival of trees to be preserved. The maintenance agreement may
include provisions for the submittal of arborist reports during and after construction activities,
installation of replacement trees and irrigation systems by or under the supervision of a certified
arborist, replacement of trees that die during or after construction phases, periodic fertilizing and
pruning, and submittal of a security deposit as may be necessary to ensure the health and survival of
the affected trees during the effective date of the tree maintenance agreement. The performance
security may be required for three years from the date of the approval or as determined by the
Director. The amount of the performance security deposit shall be equal to 125 percent of the cost
of a nursery grown tree and installation by a qualified professional.
22.xxxxx - Tree Protection Requirements
The Director shall determine during project review whether and to what extent measures will be required
to protect the existing trees during construction. This decision shall be based upon the proximity of the
area of construction activity to existing protected trees. The protective measures shall include but are not
limited to the following:
A. The existing trees to be retained shall be enclosed by chain link fencing with a minimum height of
five feet or by another protective barrier approved by the Director prior to the issuance of a grading
or building permit and prior to commencement of work.
B. Barriers shall be placed at least five feet outside the drip line of trees to be protected. A lesser
distance may be approved by the Director if appropriate to the species and the adjacent construction
activity.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-134
Tree Preservation and Protection
22.xx
C. No grade changes shall be made within the protective barriers without prior approval by the Director.
Where roots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw
cut and covered with soil in conformance with industry standards.
D. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand
tools and small hand-held power tools and shall not be of a depth that could cause root damage.
E. No attachments or wires other than those of a protective or non -damaging nature shall be attached to
a protected tree.
F. No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint,
solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or
allowed in any manner to enter within the protected barrier.
G. If access within the protection zone of a protected tree is required during the construction process, the
route shall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and
fertilized at the conclusion of the construction.
H. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil
to drain liquids away from the trunk. The number of drains shall depend upon the soil material.
Lighter sandy soils and porous gravelly material require fewer drains than heavy non -porous soils like
clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls
shall be constructed of materials that pen -nit passage of air and water.
I. When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a
combination may be used to lower grade. With either method, the area within the drip line shall be
left at the original grade. The retaining wall shall be porous to allow for aeration.
J. Trees that have been destroyed or that have received major damage during construction shall be
replaced prior to final inspection.
22.xx.xxx - Post Decision Procedures
A. Appeals. Decisions of the Director shall be considered final unless an appeal is filed in compliance
with 22.xx (Public Hearings and Appeals). The decision of the Director may be appealed to the
Planning Commission. The decision of to the Commission may be appealed to the Council.
B. Expiration/Extension. A Tree Removal Permit or Tree Pruning Permit shall be exercised within
one year from the date of approval or other time frame that may be established with a discretionary
permit approval. Time extensions, for up to a total of two additional years, may be granted in
compliance with 22.xx (Permit Implementation and Time Extensions). If a Tree Removal Permit or
Tree Pruning Permit is not exercised within the established time frame, and a time extension is not
granted, the provisions of 22.xx (Permit Implementation and Time Extensions) shall apply.
C. Construction Monitoring. Monitoring of tree protection and restoration measures specified as
conditions of approval shall be performed by site inspection conducted by the Director, or by an
arborist.
D. Revocation. A Tree Permit or Tree Pruning Permit may be revoked or modified, in compliance with
22.xx.xxx (Revocations/Modifications), if it is found that the tree removal, relocation or protection
activities:
1. Cannot support the original findings;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-135
Tree Preservation and Protection
Pkj M_
2. Resulted from misrepresentation or fraud;
3. Has not been implemented in a timely manner;
4. Has not met, or has violated, any conditions of approval;
5. Is in violation of any code, law, ordinance or statute;
6. Is detrimental to public health, safety or welfare; or
7. Constitutes a nuisance.
E. Enforcement.
1. Any person who cuts, damages, or moves a protected tree in violation of this Chapter shall be
deemed guilty of a misdemeanor and upon conviction, may be punished as set forth in the
Municipal Code.
2. Violation of this Chapter during construction activity may result in an immediate stop -work order
issued by the City, until permits are obtained along with proper mitigation.
22.xx.xxx - Tree Replacement Fund
Moneys received by the City in lieu of replacement trees as provided for in 22.xx.xxx.E. (Tree
Replacement/Relocation Standards), or as civil penalties for violations of this Chapter shall be deposited
in a Tree Replacement Fund and the City's general fund, respectively. Funds collected by the City for the
Tree Replacement Fund and interest earned thereon shall be used solely for the planting of trees or other
vegetation on publicly owned property.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-136
CHAPTER 22.XX - TRANSPORTATION DEMAND MANAGEMENT
Sections:
22.xx.xxx - Purpose
22.xx.xxx - Definitions
22.xx.xxx - Applicability
22.xx.xxx - Transportation Demand Management Program Requirements
22.xx.xxx - Miscellaneous Optional Measures
22.xx.xxx - Monitoring
22.xx.xxx - Purpose
The purpose of this Chapter is to achieve the following:
A. Mitigate the impacts that new and expanding land uses may have on traffic congestion and
air quality within the City and surrounding region;
B. Promote transportation demand management strategies that encourage employers to utilize
both the existing and planned transportation infrastructure in an efficient manner through
a variety of trip reduction techniques;
C. Specify responsibilities of applicants proposing non-residential development within the City
to consider transportation demand management strategies which incorporate design
standards and other strategies that reduce single -occupant vehicle trips;
D. Require the implementation of strategies that reduce transportation demand through the
City permit review process;
E. Support development of facilities that promote the use of alternative, energy -conserving
transportation modes; and
F. Implement State law (Government Code 65088, Congestion Management).
22.xx.xxx - Definitions
For the purposes of this Chapter, the following definitions shall apply:
A. Alternative transportation modes. Any mode of travel that serves as an alternative to a
single occupant vehicle, including all forms of ridesharing (i.e. carpooling, vanpooling),
public transit, bicycling, walking, etc.
B. Applicable development. Any development project that is determined to meet or exceed
the project size threshold criteria contained in this Chapter.
C. Buspool. A vehicle carrying 16 or more passengers commuting on a regular basis to and
from work with a fixed route, according to a fixed schedule.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-137
Transportation Demand Management 22m
D. Carpool. Two to six persons traveling together in a single vehicle.
E. Development. The construction or addition of new structure square footage. All
calculations shall be based on gross square footage.
F. Employee parking area. The portion of total required parking at a development used by on -
site employees.
G. Preferential parking. Parking spaces designated or assigned, through use of a sign or
painted space markings for carpool and vanpool vehicles carrying commute passengers on
a regular basis that are provided in a location more convenient to a place of employment
than parking spaces provided for single occupant vehicles.
H. Ridesharing. The cooperative effort of two or more people traveling together for the
purpose of getting to work. Utilization of carpools, vanpools, buspools, taxipools, trains and
bus and rail transit are all examples of ridesharing.
I. Telecommuting. A work arrangement for performing work electronically, where employees
work at a location other than the primary work location (i.e. at home or in a subordinate
office).
J. Teleconferencing. Telephone or video multi-access link for group communication.
K. Teleservices. Automatic information services (i.e. automatic teller machines, telephone
information services, telephone banking/transactions, computer mail, computer modem,
facsimile).
L. Transportation demand management. The implementation of programs, policies or permit
approvals designed to encourage changes in individual travel behavior, including emphasis
on alternative travel modes to single occupant vehicle use (i.e. carpools, vanpools and public
transit, reduction or elimination of vehicle trips, shifts in peak hour vehicle commuting, etc.).
M. Trip reduction. Reduction of the number of work related trips taken during peak -hours in
single occupant vehicles.
N. Vanpool. A van occupied by seven or more persons commuting together to and from work
on a regular basis.
22.xx xxx - Applicability
Any new or expanded nonresidential development or change of use whose total square footage
exceeds, or will exceed, the thresholds provided in 22.xx.xxx (Transportation Demand
Management Program Requirements) shall provide, as a minimum, all applicable transportation
demand management and trip reduction measures in compliance with this Chapter.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-138
Transportation Demand Management 22.xx
22.xx.xxx - Transportation Demand Management Program Requirements
All applicable projects shall prepare and implement a Transportation Demand Management
(TDM) Program which will encourage increased ridesharing and the use of alternative
transportation modes. A TDM Program shall include all of the requirements of this Section and
may include the optional measures provided in 22.xx.xxx (Miscellaneous Optional Measures).
A. Projects 25,000 square feet to 50,000 square feet. All nonresidential projects/uses of 25,000
square feet to 50,000 square feet shall provide a bulletin board, display case or kiosk
displaying transportation information located where the greatest number of employees are
likely to see it. Information displayed shall include the following:
1. Current maps, routes and schedules for public transit routes serving the site;
2. Telephone numbers for referrals on transportation information including numbers for
the regional ridesharing agency and local transit operators;
3. Ridesharing promotional material supplied by commuter -oriented organizations,
4. Bicycle route and facility information, including regional/local, bicycle maps and bicycle
safety information; and
5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and
pedestrians at the site.
B. Projects 50,000 square feet and above. All non-residential projects/uses of 50,000 square
feet and more shall provide the measures outlined above in addition to the following:
1. Carpool/vanpool preferential parking. At least 10 percent of the employee parking
spaces shall be designated for carpool vehicles by marking the spaces "Carpool Only."
Carpool spaces shall be used only by carpool vehicles in which at least two of the
persons are employees or tenants of the project. Spaces shall be located near the
structure's employee entrance(s) or other preferential locations within the employee
parking areas as approved by the Director.
A statement that preferential carpool/vanpool spaces for employees are available and
a description of the method for obtaining preferential spaces shall be included on the
required transportation information board.
For the purposes of this Section, the percentages listed below shall be used to determine
the number of employee parking spaces:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-139
Transportation Demand Management
22.xx
Type of Use
Percentage of Total Parking
Devoted to Employee Parkin
Office uses (excluding medical/dental offices)
85%
Hospital and medical/dental offices
50%
Commercial uses
30%
Industrial and warehousing
90%
2. Bicycle parking. A bicycle parking/storage area shall be provided for use by employees
and tenants, located in a secure location in close proximity to employee entrances. The
minimum number of bicycle parking spaces to be provided shall be three spaces for each
100 employees or fraction thereof. This requirement is in addition to bicycle parking
requirements for the public as provided in Chapter 22.xx (Off -Street Parking and
Loading Standards).
3. Pedestrian access. Sidewalks and other paved pathways shall be provided on -site to
connect off -site external pedestrian circulation systems, for both existing and proposed
development.
4. Commuter matching service. Commuter matching services shall be provided to all
employees on an annual basis and all new employees upon hiring.
C. Projects 100,000 square feet and above. All non-residential projects/uses of 100,000 square
feet and more shall provide all of the measures outlined above in addition to the following:
1. Carpool/vanpool loading zones. A safe and convenient zone in which vanpool and
carpool vehicles may deliver or board their passengers shall be provided near employee
entrances.
2. Transit waiting shelters. Bus pullouts, bus pads and bus shelters may be required by
the Review Authority for projects located along high traffic volume streets and
established or proposed bus routes.
The City will consult with local bus service providers in determining appropriate
improvements. Structure entrances shall be designed to provide safe and efficient access
to nearby transit stations/stops.
3. Joint access and shared parking. For applicable projects, as determined by the Review
Authority, joint access and shared parking across multiple parcels may be required to
implement the intent of this Chapter.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-140
Transportation Demand Management 22.xx
22.xx.xxx - Miscellaneous Optional Measures
The following measures may be incorporated into a project in order to further implement the
intent of this Chapter:
A. Shower and locker facilities provided on -site for use by employees/tenants who commute
to the site by bicycle/walking;
B. On -site day-care facilities;
C. On -site lunch room/cafeteria facilities; and
D. Telecommunication facilities available for shared use (e.g., teleconferencing, teleservices, or
telecommuting).
22.xx.xxx - Monitoring
A. Facilities required under this Chapter shall be included in the building plans and submitted
to the Department.
B. Prior to the issuance of a Certificate of Occupancy, all requirements of this Chapter shall be
in place and operational.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-141
CHAPTER 2.XX - STANDARDS FOR SPECIFIC LAND USES
Sections:
22.xx.xxx - Purpose and Applicability
22.xx.xxx - Adult Entertainment Businesses
22.xx.xxx - Animals as Pets
22.xx.xxx - Child Day -Care Facilities
22.xx.xxx - Drive -In and Drive -Through Facilities
22.xx.xxx - Guest Houses
22.xx.xxx - Home -Based Businesses
22.xx.xxx - Outdoor Display and Sales Standards
22.xx.xxx - Outdoor Storage
22.xx.xxx - Recycling Facilities
22.xx.xxx - Residential Accessory Uses and Structures
22.xx.xxx - Secondary Housing Units
22.xx.xxx - Telecommunications Facilities
22.xx.xxx - Purpose and Applicability
This Chapter provides site planning and development standards for land uses that are allowed
by Article II (Zoning Districts and Allowable Land Uses).
22.xx.xxx - Adult Entertainment Businesses
This Section establishes standards for the location, development, and operation of adult
entertainment business.
A. Definitions. For the purpose of this Section, the following definitions shall apply.
(Additional definitions are outlined in Chapter 22.xx [Definitions]).
1. Adult arcade. An establishment where, for any form of consideration, one or more
motion picture projectors, slide projectors or similar machines, for viewing by five or
fewer persons each, are used to show films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by an emphasis upon the
depiction or description of "specified sexual activities" or "specified anatomical areas;"
2. Adult book/video store. An establishment which has as a substantial or significant
portion (25 percent or more of gross floor area) of its stock -in -trade and offers for sale
for any form of consideration any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes, slides or other visual representations which are
characterized by an emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas; or
b. Instruments, devices or paraphernalia which are designed for use in connection with
"specified sexual activities."
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-142
Standards for Specific Land Uses
22.xx
3. Adult cabaret. Nightclub, restaurant or similar establishment which regularly features
live performances which are characterized by the exposure of "specified anatomical
areas' or by "specified sexual activities," or films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by an emphasis upon the
depiction or description of "specified sexual activities' or "specified anatomical areas;"
4. Adult motel. A motel or similar establishment offering public accommodations for any
form of consideration which provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by an emphasis upon the depiction or description
of "specified sexual activities' or "specified anatomical areas;"
5. Adult motion picture theater. An establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions are
shown, and in which a substantial portion (25 percent or more) of the total presentation
time is devoted to the showing of material which is characterized by an emphasis upon
the depiction or description of "specified sexual activities' or "specified anatomical
areas;"
6. Adult theater. A theater, concert hall, auditorium or similar establishment which, for
any form of consideration, regularly features live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual activities;"
7. Establishment of an adult entertainment business. Includes any of the following:
a. The opening or commencement of any adult entertainment business as a new
business;
b. The conversion of an existing business, whether or not an adult entertainment
business, to any of the adult entertainment businesses defined herein;
c. The addition of any of the adult entertainment businesses defined herein to any
other existing adult entertainment business; or
d. The relocation of any adult entertainment business.
8. Massage parlor. An establishment where, for any form of consideration, alcohol rub,
electric or magnetic treatment, fomentation, massage, or similar treatment or
manipulation of the human body is administered, unless the treatment or manipulation
is administered by an acupuncturist, chiropractor, massage therapist, medical
practitioner, physical therapist or similar professional person licensed by the State. This
definition does not include an athletic club, gymnasium, health club, reducing salon,
spa, school, or similar establishment where massage therapy or similar manipulation of
the human body is offered as an incidental or accessory service;
9. Removal of clothing. Striptease, or the removal of clothing, or the wearing of
transparent or diaphanous clothing, including models appearing in lingerie, to the point
where "specified anatomical areas' are exposed;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-143
Standards for Specific Land Uses
22.xx
10. Sexual Encounter Establishment. An establishment, other than a hotel, motel or similar
establishment offering public accommodations, which, for any form of consideration,
provides a place where two or more persons may associate, congregate, or consort in
connection with "specified sexual activities" or the exposure of "specified anatomical
areas." This definition does not include an establishment where a medical practitioner,
psychiatrist, psychologist, or similar professional person licensed by the State engages
in sexual therapy;
11. Specified Anatomical Areas. Less than completely and opaquely covered human
genitals, pubic region, anal region, buttock, female breasts below a point immediately
above the top of the areole; or human male genitals in a discernible turgid state, even if
completely and opaquely covered.
12. Specified Sexual Activities. Includes any of the following:
a. The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus or female breasts;
b. All sex acts, actual or simulated (e.g., intercourse, oral copulation or sodomy);
c. Masturbation, actual or simulated; or
d. Excretory functions (e.g., human excretion, urination, menstruation, vaginal or anal
irrigation, etc.) alone or as part of or in connection with any of the activities
described in subdivision a. through c. of this Section.
B. Applicability. Adult entertainment businesses, shall be allowed in xx and xx zoning
districts, subject to the approval of a Conditional Use Permit in compliance with 22.xx:
C. Development and operational standards. Adult entertainment businesses shall be
developed and operated in compliance with the following standards and any conditions
imposed by approval of a Conditional Use Permit.
1. Employee(s) required. At least one employee is on duty at all times during business
hours;
2. Hours of operation. Adult entertainment businesses shall not operate between the
hours of 2:00 A.M. and 7:00 A.M.;
3. Landscaping. Landscaping shall be in compliance with Chapter 22.xx, except that if the
adult business is the only use on a parcel, no planting shall exceed 30 inches in height,
except trees with foliage not less than six feet above the ground;
4. Lighting. All pedestrian and vehicle circulation areas shall be provided with lighting
that is energy efficient, stationary, and directed away from adjoining properties and
public rights -of -way;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-144
Standards for Specific Land Uses
22.xx
5. Live entertainment. The following standards shall pertain to adult entertainment
businesses that provide live entertainment depicting "specified anatomical areas" or
involving "specified sexual activities":
a. No person shall perform live entertainment for patrons of an adult entertainment
business except upon a stage at least 18 inches above the level of the floor which is
separated by a distance of at lease six feet from the nearest area occupied by patrons,
and no patron shall be allowed within six feet of the stage while the stage is
occupied by an entertainer;
b. The adult entertainment business shall provide separate dressing room facilities and
entrances/exits to the premises which are exclusively dedicated to the entertainers'
use; and
c. The adult business shall provide permanent access for entertainers between the stage
and the dressing room facilities which is completely separated from the patrons. If
the separate access is not physically feasible, the adult business shall provide a
minimum three foot wide walk aisle for entertainers between the dressing room
facilities and the stage, with a permanent railing, fence or other barrier separating
the patrons and the entertainers capable of (and which actually results in)
preventing any physical contact between patrons and entertainers. Fixed rail(s) at
least 30 inches in height shall be installed and permanently maintained establishing
the required separations between the entertainers and patrons.
6. Permanent barriers. Permanent barriers shall be installed and maintained to screen the
interior of the premises from public view for each door used as an entrance/exit to the
business;
7. Security guard(s). At least one security guard shall be on duty outside the premises,
patrolling the grounds and parking areas, at all times while the business is open. If the
occupancy limit of the premises is greater than 50 persons, a second security guard shall
be on duty inside the premises. The security guard(s) shall be charged with preventing
violations of law and enforcing compliance by patrons with the requirements of this
Section, and notifying the Police Department and Code Enforcement person of any
violations of law observed. Any security guard required by this Section shall be
uniformed so as to be readily identifiable, as a security guard by the public and shall be
duly licensed as a security guard in compliance with local and/or State law. No security
guard required by this Section shall act as a doorperson, ticket seller, ticker taker, or
admittance person while acting as a security guard in compliance with this Section;
8. Separation/measurement. It is unlawful to cause or allow the establishment of an adult
arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult
theater, massage parlor or sexual encounter establishment within 1,000 feet of another
similar adult business, religious institution, school, or public park, or any property
designated for residential use or used for residential purposes.
The distance between any two adult entertainment businesses shall be measured in a
straight line, without regard to intervening structures, from the closest exterior
structural wall of each business. The distance between any adult entertainment business
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-145
Standards for Specific Land Uses
22.xx
and any property designated for residential use or used for residential, religious
institution, school or public park purposes shall be measured in a straight line, without
regard to intervening structures, from the closest property line of the adult
entertainment business to the closest property line of the property designated for
residential use or used for residential, religious institution, school or public park
purposes;
9. Signs. All on -site signs shall be in compliance with Chapter 22.xx (Signs); and
10. Viewing area.
a. It is unlawful to maintain, operate or manage or allow to be maintained, operated,
or managed any adult arcade in which the viewing areas are not visible from a
continuous main aisle or are obscured by a curtain, door, wall, or other enclosure.
For purposes of this Section, 'viewing area" means the area where a patron or
customer would ordinarily be positioned while watching the film, performance,
picture, or show.
b. It is unlawful for more than one person at a time to occupy any individually
partitioned viewing area or booth.
c. It is unlawful to create, maintain or allow to be maintained any holes or other
openings between any two booths or individual viewing areas for the purpose of
providing viewing or physical access between the booth or individual viewing area.
D. Minors and intoxicated persons excluded. It shall be a misdemeanor for any person under
the age of 18 years or obviously intoxicated person to enter or remain on the premises of an
adult entertainment business at any time. A sign giving notice of this provision shall be
prominently posted at each entrance to the premises of the adult entertainment business.
22aoc.xxx - Animals as Pets
A. Household pets. Animals and fowl commonly considered as household pets (e.g., dogs,
cats, birds, etc.) may be kept as an accessory use of residential property, provided the
animals and fowl are kept in a humane and sanitary manner and in compliance with the
provisions of this Section.
B. Minor Conditional Use Permit may be required. The keeping of animals and fowl other
than those normally considered to be household pets, or in greater numbers or on smaller
parcels than allowed by this Section, shall require the approval of a Minor Use Permit in
compliance with 22.xx.
A Minor Conditional Use Permit may only be issued in compliance with the following:
1. A Minor Conditional Use Permit shall not be granted if the review authority determines
that the area proposed for the animal to be kept is insufficient for the size/type of
animal; and
2. Fowl shall not be kept within 20 feet of any dwelling or occupied structure.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-146
Standards for Specific Land Uses
22.xx
D. Dogs and cats. No more than three dogs or cats over the age of three months shall be kept
or maintained at a place of residence, as designated by a single street address number in the
City.
E. Horses. The keeping of horses is allowed on parcels greater than 15,000 square feet. One
horse may be kept for each 5,000 square feet of parcel area. Horses shall not be kept within
40 feet of any habitable structure.
F. Offensive animals. No person shall keep, maintain, or have in their possession on any
property owned or controlled by them, any household pet(s) or any other animal(s) in a
manner, number or kind so as to cause damage or hazard to persons or property in the
vicinity or to generate offensive dust, noise, or odor.
22.xx.xxx - Child Day -Care Facilities
This Section establishes standards for the City review of child day-care facilities, in conformance
with State law and in a manner that recognizes the needs of day-care operators and at the same
time minimizes the effects on surrounding properties. These standards apply in addition to the
other applicable provisions of this Development Code and requirements imposed by the
California Department of Social Services through its facility licensing procedures. Licensing by
the Department of Social services is required for child day-care facilities.
A. Definitions. For the purpose of this Section, the following definitions shall apply.
(Additional definitions are contained in Article VI (Definitions)):
1. Small family day-care homes (eight or fewer children). Allowed within any single-
family residence located in a residential zoning district,
2. Large family day-care homes (seven to 14 children). Allowed within any single-family
residence located in a residential zoning district, in compliance with the standards in
Subsection B. (Standards for large family day-care homes), below; and
3. Child day-care centers (15 or more children). Allowed in the zoning districts
determined by Article H (Zoning Districts and Allowable Land Uses), subject to
Conditional Use Permit approval, in compliance with 22.xx, and the standards in
Subsection C. (Standards for child day-care centers), below.
B. Standards for large family day-care homes. The following standards shall apply.
1. Large family day-care permit required. Permit processing for large family day-care
homes shall be subject to the following.
a. Permit requirement and public notice. A large family day-care home shall require
the approval of a nondiscretionary Large Family Day -Care Permit by the Director.
Property owners within 100 feet of the proposed site shall be provided notice of the
application at least 10 days prior to the date of the Director's decision on the permit.
A public hearing may be requested in writing by the applicant or other affected
person(s).
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-147
Standards for Specific Land Uses
22.xx
The notice shall state that the Director's determination may be appealed to the
Commission, in compliance with 22.xx (Appeals), but that the Commission may
only grant the appeal and reverse or modify the determination if the Commission
finds that the Director's determination was contrary to State or City laws governing
large family day-care homes.
b. Criteria for approval. A Large Family Day -Care Permit shall be issued if the
Director determines that the proposed large family day-care home will comply with
the standards in this Section.
c. Discretionary Conditional Use Permit. The Commission may approve a
Conditional Use Permit, in compliance with 22.xx, authorizing operation of a large
family day-care home that does not comply with and/or cannot be operated in
compliance with the standards in this Section.
2. Day-care provider's residence. The large family day-care home shall be the principle
residence of the day-care provider and the use shall be clearly incidental and secondary
to the use of the property as a residence.
3. Fire Department standards. The facility shall contain a fire extinguisher and smoke
detector devices and comply with the standards established by the City Fire Department.
4. Health and safety standards. Each facility shall be inspected by the City for compliance
with the Housing Code and any regulations adopted by the State Fire Marshal
concerning health and safety standards which are applicable to care facilities.
5. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility
within any residential zoning district may only operate up to 14 hours for each day
between the hours of 6:00 A.M. and 8:00 P.M. and may only conduct outdoor activities
between the hours of 7:00 A.M. and 7:00 P.M. Additionally, the facility shall be in full
compliance with 22.xx (Noise Control) for the subject zoning district.
6. Off-street parking standards. Each facility shall have the number of parking spaces
required for single-family dwellings, in compliance with 22.xx (Off -Street Parking and
Loading Standards), one additional space for the drop-off and pick-up of the children
utilizing the facility to ensure that the children are not placed at risk and street traffic is
not unduly interrupted, and one additional parking space for each person working at
the facility, other than a person who resides at the home.
a. Where the facility has less than 22 feet of on -street parking along the frontage of the
parcel, the facility shall be provided with one additional parking space. The
driveway of a care facility may serve to meet the required off-street parking spaces
and/or the drop-off area.
b. The drive -way parking spaces may be in tandem with the on -site garage spaces.
Any facility located on an arterial street shall be provided with adequately designed
off-street drop-off and pick-up areas to ensure that vehicles reentering the arterial
street will be able to do so in a forward manner.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-148
Standards for Specific Land Uses
22.xx
7. Separation standards. A residential parcel shall not be bordered on more than one side
by a care facility and a care facility shall not be legally operated on a parcel within 300
feet of the parcel subject to the application.
C. Standards for child day-care centers. The following standards shall apply, in addition to
those standards contained in Subsection B. (Standards for large family day-care homes),
above:
1. Fence or wall. A six foot high solid decorative fence or wall shall be constructed on all
property lines, except in the front yard or within a traffic safety sight area. Fences or
walls shall provide for safety with controlled points of entry in compliance with
22.xx.xxx (Fences, Walls and Hedges);
2. Indoor play areas. The facility shall be provided with indoor play areas in compliance
with State requirements. Separate and clearly defined play and activity areas shall be
provided for each age group, including infant, toddler, preschool and school age
children; and
3. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable area for each
child, but not less than 450 square feet in area exclusive of the required front yard
setback, shall be provided. The outdoor play lot shall be located in the rear yard.
Stationary play equipment shall not be located in front and side yards.
22.xx.xoa - Drive -In and Drive -Through Facilities
Retail trade or service uses providing drive-in/drive-through facilities shall be designed and
operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise
and unsightliness in the following manner:
A. Drive -through aisles shall have a minimum 10-foot interior radius at curves and a minimum
12-foot width. Each drive -through entrance/exit shall be at least 50 feet from an intersection
of public rights -of -way, measured at the closest intersecting curbs, and at least 25 feet from
the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic
flow shall be clearly designated by signs/pavement markings;
B. Each drive -through aisle shall be separated from the circulation routes necessary for ingress
or egress from the property, or access to a parking space;
C. Pedestrian walkways should not intersect the drive -through drive aisles, but where they do,
they shall have clear visibility and be emphasized by enhanced paving or markings;
D. The provision of drive -through service facilities shall not justify a reduction in the number
of required off-street parking spaces,
E. Service areas, waste storage areas, and ground mounted or roof mounted mechanical
equipment shall be screened from view from adjacent properties or public rights -of -way;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-149
Standards for Specific Land Uses
22.xx
F. The vehicle queuing capacity of the drive -through facility and the design and location of the
ordering and pickup facilities shall be determined by the Director.- The applicant shall
submit a circulation study and appropriate documentation addressing the following issues.
1. Nature of the product or service being offered;
2. Method by which the order is processed;
3. Time required to serve a typical customer;
4. Arrival rate of customers;
5. Peak service hour; and
6. Anticipated vehicular queuing required.
G. Each drive -through aisle shall be appropriately screened with a combination of landscaping,
low walls, and/or berms to prevent headlight glare from impacting adjacent streets and
parking lots; and
H. A six -foot -high solid decorative wall shall be constructed on each property line that is
adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed
construction materials shall be subject to the approval of the Director.
22.xx.xxx - Guest Houses
This Section establishes standards for the development and operation of guest houses in any
zoning district where guest houses are allowed in compliance with Article II (Zoning Districts
and Allowable Land Uses), provided all of the following standards are met:
A. Intended use. A guest house, which may include only a sleeping area, living area, and
bathroom, is intended to provide temporary living quarters within a detached or attached
residential accessory structure, located on the same premises with the main dwelling, for use
by guests of the occupants of the premises, and shall not be rented or otherwise used as a
separate dwelling.
B. Development standards. The location and construction of guest houses shall comply with
the following standards:
1. Number. Only one guest house shall be allowed on a single legal parcel of record;
2. Access. The location of a detached guest house shall provide minimum five-foot wide
pedestrian access to the main dwelling;
3. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and water) shall
be common to and dependent on the main dwelling. The guest house shall not be
provided with separate metered utilities;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-150
Standards for Specific Land Uses
22.xx
4. Plumbing and electrical installations. Plumbing shall be limited to that required for
a single bathroom. The bathroom shall only contain one water closet, lavatory, and a
shower or tub. Electrical installation shall be limited to the minimum required for
heating, light, and ventilation. Line drawings shall be submitted for approval, and shall
delineate all plumbing and electrical installations proposed in compliance with this
standard;
5. Kitchens prohibited. The guest house shall not contain a kitchen or other cooking
facilities. For the purpose of this Section, a kitchen or other cooking facilities are
defined as to include, but not be limited to, the following:
a. Cooking stove with or without an oven;
b. Hot plates,
c. Kitchen sink, cabinets and appurtenant plumbing;
d. Microwave or convection ovens; and
e. All appurtenance related to the above.
6. Size and permit requirements. A guest house of 500 square feet of gross floor area may
be approved by the Director. Guest houses in excess of 501 square feet may be approved
by a Minor Conditional Use Permit in compliance with 22.xx.;
7. Rentals prohibited. The guest house shall not be separately rented or leased from the
main dwelling, whether compensation is direct or indirect;
8. Subdivision prohibited. Subsequent subdivision(s) of the parcel which may attempt
to divide the main dwelling from the guest house shall not be allowed;
9. Compatibility. The guest house shall be designed to ensure compatibility and visual
harmony with the main dwelling on site and with other residential structures in the
surrounding neighborhood; and
10. Parcel coverage. The guest house, along with the main dwelling and any other
accessory structures, shall not exceed an overall parcel coverage of 40 percent; and
22.aocaooc - Home -Based Businesses
Home based businesses are allowed in residential zoning districts when operated in compliance
with the provisions of this Subsection:
A. Operational standards. Home based businesses shall comply with the following operating
standards:
1. Location. The location of the business shall be the principal residence of the person(s)
conducting the business and shall be clearly incidental and secondary to the use of the
property for residential purposes;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-151
Standards for Specific Land Uses
22.xx
2. No alterations. Alterations shall not be made which would alter the character of the
residence or change its occupancy classification in compliance with the Building Code;
3. Signs. Advertising sign(s), displays of merchandise or stock in trade, or other
identification of the business activity shall not be provided on the premises;
4. Nuisance factors. The business shall not create levels of glare, light, noise, electrical
interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of
that customarily associated with similar residential uses;
5. Family members only. Persons engaged in the business shall be limited to members of
the family residing on the premises;
6. Size. The total floor area used for the business, including any area within accessory
structures, shall not exceed 20 percent of the total living space of the dwelling unit or 400
square feet, whichever is larger. The space devoted to non-commercial business vehicles
under one ton carrying capacity, parked in the garage, is excluded from the total floor
area devoted to the business;
7. Use to be enclosed. The business shall be conducted completely within the enclosed
living space of the residence or accessory structure. If the business is conducted within
a garage, the use shall not encroach within the required parking spaces for the residence.
The vehicle door to the garage shall remain closed while the business activity is being
conducted.
8. No outside storage. Equipment, materials or products associated with the business shall
not be stored outdoors. Contractors are not permitted to store landscaping, plumbing,
electrical, construction or similar supplies or materials on the premises, except those
contained within a single vehicle of less than three -fourths ton carrying capacity.
9. Hazardous materials. The business shall not involve the storage or use of explosive,
flammable, or toxic materials specifically defined as hazardous materials;
10. Vehicle trips. The business shall not generate additional pedestrian or vehicular trips
in excess of that customarily associated with the zoning district in which it is to be
located. Clients, customers, patrons or students shall not visit or conduct business at the
residence. Truck deliveries of mail or packages are not permitted to average more than
two times per week; and
11. Sale and storage of merchandise. Merchandise, products or stock -in -trade shall not be
sold upon the premises, and stock used by the business that is not customary to a
residence shall be stored at an off -site location (e.g., storage facility or other non-
residential location).
B. Prohibited home based businesses. Home based businesses are prohibited that would:
1. Not comply with the standards and criteria contained in Subsection 9.xx.xxx.A.
(Operating standards) shall not be allowed;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-152
Standards for Specific Land Uses
22.xx
2. Generate levels of dust, glare/light, noise, odor, or traffic which would have a significant
adverse effect upon the neighborhood and environmental settingof the residential site;
3. Be inconsistent with the General Plan and an applicable specific plan;
4. Threaten the health and safety of the citizens of the City; and
5. Clearly represent a use that would conflict with the normal residential atmosphere of
the neighborhood surrounding the subject site.
22.xx.xxx - Outdoor Display and Sales Standards
This Section provides development and operational standards for outdoor uses, including
temporary outdoor display and sales (Subsection A., below), permanent outdoor display and
sales (Subsection B., below) and outdoor dining and seating areas (Subsection C., below).
A. Temporary outdoor displays and sales. Temporary outdoor displays and sales may be
allowed with the approval of a Temporary Use Permit, in compliance with the following
standards. In approving an application for a Temporary Use Permit, the Director may
impose conditions deemed necessary to ensure that the permit will be in compliance with
the findings required by 22.xx.xxx (Findings and Decision). These conditions may address
any pertinent factors affecting the operation of the temporary event or use, and may include
the following:
1. Fixed period of time. Provision for a fixed period of time as specified by the permit, or
where not specified, not to exceed 10 consecutive days;
2. Landscaping. Landscaping may be required to ensure that the event has a pleasing
appearance and that the screening requirements identified in Subsection A.8., below, are
satisfied, subject to the approval of the Director;
3. Nuisance factors. Regulation of nuisance factors including, but not limited to,
prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat,
noise, odors, smoke, waste and vibration;
4. Operating hours. Regulation of operating hours and days, including limitation of the
duration of the temporary event, as identified in subsection A.l., above;
5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular
circulation, including vehicular ingress and egress and public transportation, if
applicable, in compliance with 22.xx (Off -Street Parking and Loading Standards);
6. Performance bond. Submission of a performance bond or other surety measures, in
compliance with 22.xx.xxx (Performance guarantee), satisfactory to the Director, to
ensure that any temporary facilities will be removed from the site within a reasonable
time following the event, the property will be cleaned of debris, or other evidence of the
event, and the site restored to its former condition;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-153
Standards for Specific Land Uses
22.xx
7. Sanitary and medical facilities. Provision for sanitary and medical facilities, as
appropriate;
8. Security. Provision for security and safety measures, if applicable;
9. Setbacks. Provision of appropriate setbacks to ensure separation from adjacent land
uses and a safe environment for pedestrians and vehicles, subject to the approval of the
Director;
10. Signs. Regulation of signs, in compliance with 22.xx (Signs);
11. Temporary structures. Regulation of temporary structures and facilities, including
placement, height and size, location of equipment and open spaces, including buffer
areas and other yards;
12. Waste collection and disposal. Provision for solid, hazardous, and toxic waste
collection, recycling and/or disposal;
13. Development Code compliance. A requirement that the approval of the requested
Temporary Use Permit is contingent upon a finding, by the Director, that the operation
will be in compliance with the applicable provisions of this Section, the Development
Code and successful approval of all required permits from another department(s) or
governing agency; and
14. Other conditions. Other conditions that will ensure the operation of the proposed
temporary event in an orderly and efficient manner.
B. Permanent outdoor displays and sales. The permanent outdoor display/sale of
merchandise shall comply with the following standards and shall be subject to the approval
of a Minor Conditional Use Permit, in compliance with_ 22.xx, unless a Conditional Use
Permit is specifically required below:
1. Height of displayed materials. The outdoor display of merchandise shall not exceed
a height of seven feet above finish grade. Heights greater than seven feet may be
allowed subject to the approval of a Conditional Use Permit, in compliance with 22.xx,
2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor
sales areas shall not encroach into required setback areas. In zoning districts where no
setback area is required, the outdoor sales area shall be set back a minimum of 10 feet
from adjacent property line(s) unless otherwise allowed through the approval of a
Conditional Use Permit, in compliance with 22.xx;
3. Location of merchandise. Displayed merchandise shall occupy a fixed, specifically
approved and defined location that does not disrupt the normal function of the site or
its circulation, and does not encroach upon driveways, landscaped areas, parking spaces
or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or
otherwise create hazards for vehicle or pedestrian traffic;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-154
Standards for Specific Land Uses
22.xx
4. Relationship to main use. The outdoor display and sales area shall be directly related
to a business occupying a permanent structure on the subject parcel;
5. Screening required. Outdoor sales and activity areas shall be screened from adjacent
public rights -of -way by decorative walls, fences and/or landscaping in compliance with
22.xx.xxx (Screening). Screening shall be provided to a height of one foot above the
approved height of the merchandise and materials being displayed; and
6. Signs. Additional signs, beyond those normally allowed for the subject use, shall not
be provided as a result of the outdoor display and sales area.
C. Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject
to the approval of a Conditional Use Permit, in compliance with 22.xx and the following
standards:
1. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall
comply with the standards established by the State Department of Alcoholic Beverage
Control, and the following standards:
a. Accessible. The dining area shall be accessible from inside the restaurant only,
unless the Director waives this requirement in circumstances where this is not
feasible or practical;
b. Physically defined. The dining area shall be clearly and physically defined. It shall
be clearly a part of the restaurant it serves; and
c. Supervision. The dining area shall be supervised by a restaurant employee to ensure
conformance with laws regarding on -site consumption of alcoholic beverages.
2. Parking requirements. Outdoor dining and seating areas shall comply with the
following off-street parking requirements:
a. Parking calculations. Off-street parking requirements shall be calculated in
compliance with 22.xx (Off -Street Parking and Loading Standards). The Director
may reduce or waive parking requirements for outdoor dining areas less than 400
square feet in area that are operated on a seasonal basis; and
b. Additional off-street parking. Outdoor dining areas that are not part of a specific
restaurant, but are used in common with several restaurants or tenants within a
commercial center shall not be required to provide additional off-street parking for
these common outdoor areas.
3. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in
common, shall provide adequate clean-up facilities, and associated procedures, in the
following manner:
a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for
removal of litter and food items which constitute a nuisance to public health and
safety; and
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-155
Standards for Specific Land Uses
22.xx
b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by
the public and/or restaurant employees.
4. Design compatibility. Outdoor dining and seating areas are subject to Development
Review in compliance with 22.xx. To ensure compatibility with surrounding uses and
a high standard of design quality, the following standards shall be implemented:
a. Compatible elements. Outdoor dining and seating areas and associated structural
elements, awnings, covers, furniture, umbrellas or other physical elements which are
visible from the public rights -of -way, shall be compatible with the overall design of
the main structure(s);
b. Entertainment. Outdoor dining and seating areas that provide dancing,
entertainment or amplified music shall require the preparation of a noise analysis
with appropriate mitigation measures to ensure that noise levels will not exceed
those specified in 22.xx. (Noise Control);
c. Pedestrian experience. The use of awnings, plants, umbrellas and other human
scale elements is encouraged to enhance the pedestrian experience;
d. Potential impacts. Outdoor dining and seating areas and their relation to churches,
hospitals, public schools and residential uses shall be considered by the review
authority. Proper mitigation measures shall be applied to eliminate potential
impacts related to glare, light, loitering and noise;
e. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or
pedestrian traffic flow and not necessitate the removal of existing pedestrian or
vehicular movement areas;
f. Separation requirements. Outdoor dining and seating areas shall be separated from
residential uses, at a minimum distance of 200 feet, except in mixed -use projects;
g. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five feet
from property lines or parking lots;
h. Waste receptacles. Waste receptacles shall be provided in outside seating areas,
where and when appropriate.
5. One year review required. Conditional Use Permits for outdoor dining and seating
areas are subject to review after one year, at which time the Director shall conduct a
study to determine if adverse impacts have resulted from the use. If none are found,
then a permanent Conditional Use Permit may be granted; and
22.xx.xxx - Outdoor Storage or Work Activities
This Section establishes standards for the location, screening, and operation of outdoor storage
areas.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-156
Standards for Specific Land Uses
22.xx
A. Outdoor storage areas. Where allowed by Article H (Zoning Districts and Allowable Land
Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall
a minimum of six feet in height in conjunction with landscape screening.
B. Review and approval required. Uses proposing outdoor storage or work activities shall be
subject to review and approval by the Director in compliance with 22.xx (Development
Review).
22.xx.xxx - Recycling Facilities
This Section establishes standards and procedures for the siting and operation of various types
and sizes of commercial recycling facilities.
A. Permit requirements. Recycling facilities are subject to permit review in the commercial and
industrial zoning districts in compliance with the following schedule:
Type of facility
Zoning
Permit required
districts
allowed
Reverse vending machine(s)
All
Development
Commercial
Review for up to 5
I
reverse vending
machines
Small collection
I
Development
Review
Large collection
I
Conditional Use
Permit
Light and heavy processing (scrap
I
and dismantling yards)
B. Development and operating standards. Recycling facilities shall comply with the following
specific standards:
1. Reverse vending machines. Reverse vending machine(s) located within a commercial
or manufacturing location shall not require additional parking spaces for recycling
customers, and may be allowed in all commercial and manufacturing zoning districts,
subject to Development Review and compliance with the following standards:
a. Shall be installed as an accessory use in compliance with the applicable provisions
of this Development Code and the Municipal Code;
b. If located inside of a structure, shall be within 30 feet of the entrance and shall not
obstruct pedestrian circulation;
c. If located outside of a structure, shall not occupy parking spaces required by the
main use, and shall be constructed of durable waterproof and rustproof material(s);
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-157
Standards for Specific Land Uses
22.xx
d. Shall not exceed 50 square feet for each installation, including any protective
enclosure, nor eight feet in height;
e. Shall have a maximum sign area of four square feet for each machine, exclusive of
operating instructions;
f. Shall have operating hours which are consistent with the operating hours of the
main use; and
g. Shall be illuminated to ensure comfortable and safe operation if operating hours are
between dusk and dawn, in compliance with 22.xx.xxx (Exterior Lighting).
2. Small collection facilities. Small collection facilities are allowed within the
manufacturing zoning district only, subject to Development Review and compliance
with the following standards:
a. May be installed in a manufacturing zoning district and be in full compliance with
the applicable provisions of this Development Code and the Municipal Code;
b. Shall not exceed an area of 350 square feet nor three parking spaces, not including
space that will be periodically needed for the removal of materials or exchange of
containers;
c. Shall be set back at least 10 feet from any public right-of-way, and not obstruct
pedestrian or vehicular circulation;
d. Shall accept only glass, metal or plastic containers, paper and reusable items,
e. Shall not use power -driven processing equipment except for reverse vending
machines;
f. Shall use containers that are constructed with durable waterproof and rustproof
material(s), secured from unauthorized removal of material, and shall be of a
capacity sufficient to accommodate materials collected and the collection schedule;
g. Shall not be located within 50 feet of any parcel zoned or occupied for residential
use;
h. Collection containers and site fencing shall be of a color and design to be both
compatible and harmonious with the surrounding uses and neighborhood;
i. Signs maybe provided as follows:
1) Recycling facilities may have identification signs with a maximum area of 15
percent for each side of the structure or 12 square feet, whichever is greater. In
the case of a wheeled facility, the side shall be measured from the ground to the
top of the container;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-158
Standards for Specific Land Uses
22.xx
2) Signs shall be both compatible and harmonious with the character of their
location; and
3) Directional signs, consistent with 22.xx (Signs) and without advertising
message, may be installed with the approval of the Director if found necessary
to facilitate traffic circulation or if the facility is not visible from the public right-
of-way.
j. The facility shall not impair the landscaping required by 22.xx (Landscaping) for
any concurrent use allowed by this Development Code;
k. Additional parking spaces shall not be required for customers of a small collection
facility located in the established parking lot of the main use. One space shall be
provided for the attendant, if needed;
1. Mobile recycling units shall have an area clearly marked to prohibit other vehicular
parking during hours when the mobile unit is scheduled to be present;
m. Use of parking spaces by the facility and by the attendant shall not reduce available
parking spaces below the minimum number required for the main use unless a
parking study shows that existing capacity is not fully utilized during the time the
recycling facility will be on the site; and
n. Shall be subject to landscaping and/or screening as determined through
Development Review.
3. Large collection facilities. A large collection facility which is larger than 350 square
feet, or on a separate parcel not accessory to a main use, which has a permanent
structure is allowed in the manufacturing zoning district, subject to a Conditional Use
Permit, in compliance with 22.xx and the following standards:
a. The facility does not abut a parcel zoned or occupied for residential use;
b. The facility shall be screened from the public rights -of -way, within an enclosed
structure, or behind fences, walls or screen planting;
c. Structure setbacks and landscape requirements shall be those provided for the
zoning district in which the facility is located;
d. Exterior storage of material shall be in sturdy containers which are secured, and
maintained in good condition at all times. Storage, excluding truck trailers, shall not
be visible above the height of the required fence, wall or screen planting;
e. The site shall be maintained clean, sanitary and free of litter and any other
undesirable materials, and will be cleaned of loose debris on a daily basis;
Containers provided for "after hours" donation of recyclable materials shall be
permanently located at least 100 feet from any residential zoning district,
constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate
Diamond Bar Development Code Article III -Site Planning
Administrative Draft - July 1997 III-159
Standards for Specific Land Uses
22.xx
materials collected, and secured from unauthorized entry or removal of materials;
and
g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable
from adjoining parcels.
4. Processing facilities. Light and heavy processing facilities are allowed in the industrial
zoning district subject to a Conditional Use Permit and compliance with the following
standards:
a. The facility shall not abut a parcel zoned or occupied for residential use;
b. Light processing facilities are limited to baling, briquetting, compacting, crushing,
grinding, shredding and sorting of source -separated recyclable materials and
repairing of reusable materials;
c. A light processing facility shall not exceed 45,000 square feet, may have up to an
average of two outbound truck shipments of material each day, and shall not bale,
compact or shred ferrous metals other than beverage and food containers.
A heavy processor may exceed 45,000 square feet and two outbound truck
shipments each day, and may perform those functions not allowed at light
processing facilities;
d. Exterior storage of material shall be in sturdy containers or enclosures which are
maintained and secured in good condition at all times. Storage containers for
flammable materials shall be constructed of nonflammable material(s). Outdoor
storage shall be screened by a six-foot high opaque fence or solid masonry wall.
Storage, excluding truck trailers, shall not be visible above the height of the required
fence or wall;
e. Any containers provided for "after hours" donation of recyclable materials shall be
permanently located at least 100 feet from any residential zoning district,
constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate
materials collected, and secured from unauthorized entry or removal of the
materials; and
f. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable
from adjoining parcels.
5. Time limits. Any permit issued in compliance with this Section shall have a maximum
term established by the approved Conditional Use Permit. Before permit renewal, the
Director shall consider the permittee's history of compliance with the established
conditions of approval, as well as the applicable provisions of this Section and the
Municipal Code.
C. General standards. Recycling facilities shall comply with the following standards:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-160
Standards for Specific Land Uses
22.xx
1. Signs. Facilities shall be provided with identification and informational signs that meet
the standards of the applicable zoning district:
a. Collection containers and reverse vending machines shall be clearly marked to
identify the type of material which may be deposited, and display a notice stating
that discarded material shall not be left outside of the recycling enclosure or
machine; and
b. The facility shall be clearly marked to identify the name and telephone number of
the operator and the hours of operation.
Additional identification and directional signs without an advertising message maybe
installed with the approval of the Director, if necessary to facilitate traffic circulation.
2. Refuse disposal. The facility shall maintain adequate on -site refuse containers for the
disposal of nonrecyclable and nonhazardous waste materials.
22.xx.xxx - Residential Accessory Uses and Structures
This Section provides standards for specific residential accessory uses and structures allowed
in the zoning district applicable to a parcel (see 22.xx.xxx, Residential Zone Land Uses and
Permit Requirements). Residential accessory uses include any use that is customarily related
to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios,
swimming pools/spas and workshops.
A. General requirements. Accessory uses and structures are subject to the following
standards, except where more restrictive requirements are established by other provisions
of this Section for specific uses.
1. Relationship of accessory use to the main use. Accessory uses and structures shall be
incidental to and not alter the character of the site from that created by the main use.
2. Attached structures. An accessory structure that is attached to a main structure shall be
architecturally compatible with, and made structurally a part of the main structure (e.g.,
share a common wall with the main structure). It shall also comply with the
requirements of this Development Code applicable to the main structure, including but
not limited to setbacks, heights and floor area ratio.
3. Detached structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed
30 percent, nor shall the sum of the floor area(s) of the total number of detached
accessory structures exceed 40 percent, of the required rear yard of the parcel. A
covered patio or barbecue area shall not be construed as an accessory structure for
purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials and
architecture of the main dwelling(s) on the property.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-161
Standards for Specific Land Uses
22.xx
c. Setback requirements. As provided by Table 3-xx (Required Setbacks - Accessory
Uses and Structures). Accessory structures shall not be closer than three feet to any
side lot line, nor within five feet of the side line of the front half of any adjoining
parcel.
B. Antennas. Antennas are subject to the provisions of 22.xx.xxx (Telecommunications
Facilities).
C. Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each
dwelling unit (including any workshop or storage space within the garage) unless a larger
area is authorized by the Director through Development Review, in compliance with 22.xx.
D. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling
unit or 10 percent of the parcel, whichever is less.
E. Home occupations. Home occupations are subject to the requirements of 22.xx.xxx.
F. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed
accessory to approved residential uses on the same parcel, subject to the following
provisions:
1. Limitation on use. The pool is to be used solely by occupants of the dwelling(s) on the
same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent
uncontrolled access by children, in compliance with the Building Code.
G. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for
other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following
requirements:
1. Fencing: Shall be subject to the height limits of 22.xx.xxx (Fences, Walls and Hedges);
and
2. Lighting. Court lighting shall not exceed a maximum height of 20 feet, measured from
the court surface. The lighting shall be directed downward, shall only illuminate the
court, and shall not illuminate adjacent property, in compliance with 22.xx.xxx (Exterior
Lighting).
H. Workshops or studios. Any accessory structure intended solely or primarily for engaging
in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the
following standards when located in a residential zoning district:
1. Limitation on use: An accessory structure may be constructed or used as a studio or
workshop in any residential zoning district solely for the following non-commercial
activities:
a. Amusements or hobbies;
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-162
Standards for Specific Land Uses 22.xx
b. Artistic endeavors (e.g., painting, photography or sculpture);
c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants;
or
e. Other similar purposes.
Any use of accessory workshops for any commercial activity shall meet the standards
for Home -Based Businesses, in compliance with 22.xx.xxx; and
2. Floor area. A workshop shall not occupy an area larger than 25 percent of the floor area
of the main structure, except where a workshop is combined with a garage. In this case
Subsection C (Garages), above shall apply.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-163
Standards for Specific Land Uses
22.xx
TABLE 3-XX -
REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES
Single -Family Detached Homes
Accessory Structure
Type of Setback 1
Required
Setback 2
Garage, gazebo, greenhouse, patio cover,
Sides, street side
As required for
storage shed, workshop
Rear
main structure.
As required for
main structure.
Swimming pool, spa, fish pond, outdoor
Sides, rear'
3 feet.
play equipment'
Street side
As required for
main structure.
Stationary barbecue, fire pit, propane tank
Sides, rear'
3 feet.
Street side
As required for
main structure.
Air conditioning equipment, pool and spa
Sides, rear'
3 feet.
equipment, ground -based antennas
Street side
As required for
main structure.
Multi -Family, Attached/Detached
Garage, gazebo, greenhouse, patio cover,
Sides, street side
As required for
storage shed, workshop
Rear
main structure.
As required for
main structure.
Swimming pool, spa, fish pond, outdoor
Front
10 feet
play equipment
Sides
5 feet
Street side
10 feet
Rear'
5 feet
Stationary barbecue, fire pit, propane tank
Front
10 feet
Side
3 feet
Street Side
10 feet
Rear'
3 feet
Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by
the Director.
(2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel.
(3) See Article VI for the definition of interior setback.
(4) Rear yard setback for a detached accessory structure on a double -frontage parcel shall be a minimum of 20 percent of the parcel depth to a
maximum of 25 feet.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-164
Standards for Specific Land Uses 22.xx
22.xx.xxx - Secondary Housing Units
This Subsection provides standards for the establishment of secondary residential units.
A. Minor Conditional Use Permit required. Secondary residential units may be allowed in the
zoning districts specified in 22.xx.xxx (Residential District Land Uses and Permit
Requirements) subject to the approval of a Minor Conditional Use Permit (22.xx) and in
compliance with this Subsection. The applicant shall be the owner and resident of the main
dwelling.
B. Number of secondary units allowed. Only one secondary dwelling unit shall be allowed
on a single-family parcel.
C. Site requirements. A parcel proposed for a secondary dwelling unit shall comply with all
the following requirements:
1. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet,
a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet,
exclusively for the secondary unit; and
2. The parcel shall be developed with only one existing owner occupied single-family
detached main dwelling unit.
D. Location of secondary unit. A secondary dwelling unit may be within, attached to, or
detached from the existing main dwelling unit. If detached, the secondary unit shall be
separated from the main dwelling unit a minimum of 10 feet.
E. Design standards. A secondary dwelling unit shall:
1. Have a floor area not exceeding 30 percent of the existing living area of the main
dwelling for an attached unit, or 1,200 square feet of floor area for a detached unit;
2. Be architecturally compatible with the main dwelling unit;
3. Comply with height and setback requirements for the main dwelling;
4. Contain separate kitchen and bathroom facilities and have a separate entrance from the
main dwelling.
F. Parking. The secondary dwelling unit shall be provided one covered off-street parking
space in a carport or garage, in addition to that required for the main dwelling unit, in
compliance with 22.xx (Off -Street Parking and Loading Standards).
G. Rental of unit. A secondary dwelling unit may be rented, although rental is not required.
H. Required findings for approval. The following findings shall be made, in addition to those
in 22.xx.xxx (Findings and Decision), to approve a Minor Conditional Use Permit for a
secondary dwelling unit:
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-165
Standards for Specific Land Uses
22.xx
1. The secondary dwelling unit is compatible with the design of the main dwelling unit
and the surrounding neighborhood in terms of scale, exterior treatment, height, setbacks
and landscaping, and will not cause excessive noise, traffic, or other disturbances to the
existing residential neighborhood, or result in significantly adverse effects on public
services and resources; and
2. The secondary dwelling unit will not contribute to a high concentration of these units
sufficient to change the character of the surrounding residential neighborhood.
22.xx.xxx - Telecommunications Facilities
To be completed.
Diamond Bar Development Code Article III - Site Planning
Administrative Draft - July 1997 III-166
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner ��r
SUBJECT: Continued public hearing for Vesting Tentative
Tract Map No. 50314, Zone Change No. 96-1,
Conditional Use Permit No. 96-1 and Oak Tree
Permit No. 96-1
DATE: August 5, 1997
The referenced project was presented to the Planning Commission on
July 22, 1997. At that time, the public hearing was opened.
Comments were received on the Draft Environmental Impact Report
No. 97-1 (SCH 96-071104) and the project entitlement. The public
hearing was continued to August 12, 1997.
The purpose of the continuance is to allow staff, City consultants
and applicant the opportunity to address the Commissioners' con-
cerns and respond to public comments. The responds are presented
in a correspondence from the City's environmental consultant,
Michael Brandman Associates, dated August 5, 1997. Additionally,
a colored landscape exhibit will be presented on August 8, 1997
delineating the landscaping on Lots 14 and 15, approved with
Tracts 47851 and 48487 respectively.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval
for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No.
96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program
and recommend certification of EIR No. 97-1 (SCH 96-0711104),
Findings of Fact and conditions as listed within the attached
draft resolutions.
Attachments:
1. Draft resolution recommending conditional approval of VTTM
50314, Zone Change No. 96-1 and Mitigation Monitoring Program
and recommending certification of EIR No. 97-1 (SCH 96-
0711104);
2. Draft resolution recommending conditional approval of
Conditional Use Permit No. 96-1, and Oak Tree Permit No. 96-
1;
3. Correspondence from Michael Brandman Associates dated August
5, 1997; and
4. Planning Commission Minutes date July 22, 1997.
A.
•
• IFL110 Is q0)•
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO.
50314 AND ZONE CHANGE NO. 96-1 AND RECOM-
MENDING CERTIFICATION OF ENVIRONMENTAL IMPACT
REPORT NO. 97-1 (SCH 96-071104) AND APROVAL OF
THE MITIGATION MONITORING PROGRAM SET FORTH
THEREIN FOR A 15 LOT SUBDIVISION LOCATED
SOUTHEAST OF THE MOST SOUTHERLY INTERSECTION
OF STEEPLECHASE LANE AND WAGON TRAIN LANE,
DIAMOND BAR, CALIFORNIA.
RECITALS.
1. The property owners, Diamond Bar Associates and Julia
Tang and the applicant, Windmill Development Company have
filed an application for Vesting Tentative Map (VTTM) No.
50314 and certification of Environmental Impact Report
(EIR) No. 97-1 (Sch 96-071104) in order to subdivide a 44
acre parcel into 15 lots for the eventual development of
15 single family custom homes. The project site is
located southeast of the most southerly intersection of
Steeplechase Lane and Wagon Train Lane, Diamond Bar, Los
Angeles County, California, as described above in the
title of this Resolution. The request also includes: a
Conditional Use Permit for development within an urban
hillside management area and Significant Ecological Area
No. 15 (CUP 96-1); an Oak Tree Permit for the removal of
Oak trees (OT 96-1); and a Zone Change conforming to the
General Plan's land use designation for the area and
surrounding zoning (ZC 96-1) collectively attached hereto
as Exhibit "A" dated July 22, 1997, Exhibit "B" and
Exhibit "C" dated July 10, 1997.
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, 'including VTTM
50314 and Zone Change No. 96-1, within the City of
Diamond Bar.
3. The Planning Commission of the City of Diamond Bar on
July 22, 1997 conducted a duly noticed public hearing on
the VTTM 50314 and Zone Change No. 96-1. The public
1
hearing was opened and comments were received on th4
Draft Environmental Impact Report o p p N 97-1 (SCH 96-
071104), VTTM 50314 and Zone Change 96-1. Then the
public hearing was continued to August 12, 1997.
4. Notification of the Application's public hearing has been
made in the San Gabriel Valley Tribune and _Inland Valley
Daily Bulletin newspapers on June 26, 1997. Twenty-one
property owners within a minimum 500 foot radius of the
project site were notified by mail on June 25, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 97-1 (SCH
96071104) has been prepared according to the California
Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Furthermore, this
Commission has reviewed and considered the EIR in
reference to VTTM 50314 and Zone Change No. 96-1. The
Planning Commission recommends adoption of the Statement
Of Overriding Consideration attached here to as Exhibit
"Bit, recommends certification of the EIR and approval of
the Mitigation Monitoring Program (MMP) referred to
therein and attached hereto as Exhibit licit.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant parcel of
approximately 44 acres.
(b) The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
Dwelling Unit Per Acre). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square Feet (R-1-
2
140
20,000) and Heavy Agricultural -Minimum Lot 2
Acres (A-2-2) .
r{
�s
(c) Generally, the following zones surround the projec
re
site: to the north is the R-1-20,000 Zone; to the
south is the A-2-2 Zone; and to the east and west
is the R-1-40,000 Zone.
(d) The request for approval of proposed VTTM 50314 is a
request to subdivide an existing 44 acre parcel into
15 lots for the eventual development of 15 single
family custom homes.
Tentative Tract Map
(e) The proposed map is consistent with applicable
general and specific plans as specified in Section
65451.
The General Plan's land use designation provided for
the project area is Rural Residential (RR -one
dwelling unit per gross acres. VTTM 50314 proposes
lots varying in size from 1.67 gross acres to 8.90
gross acres with an average lot size of 2.92 acres.
The project's overall density is 0.34 units per
gross acre. Therefore, the proposed VTTM 50314 is
in compliance with the City's adopted General Plan.
(f) The design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
The proposed project is designed utilizing the
standards and guideline of the City's Hillside
Management Ordinance and a revegetation plan
implemented through a Mitigation Monitoring Plan
(MMP). This will ensure that the proposed project
is in compliance with General'Plan Land Use Element
Strategy 1.2.3 (a), (b), and (c) and compatible with
scenic and open space resources. This compatibility
is due to the project's low density and retention of
the area's hillside character through landform
grading and the Revegetation Plan which will
concentrate the planting of vegetation in concave
areas, similar as in nature.
(g) The site is physically suitable to the type of
development.
The proposed project is approximately 44 acres with
a density of 0.34 dwelling units per acre. Lot
sizes vary from 1.67 acres to 8.90 acres, with an
average lot -size of 2.92 acres. The proposed
development for this site will be 15 single family
custom homes. The General Plan land use designation
for the site is Rural Residential (RR -One -Dwelling
Unit Per Acre). The proposed zone change for the
site is Single Family Residence -Minimum Lot Size
3
40,000 Square Feet (R-1-40,000). With General`.,_ an
and zoning consistency and the development stand ..
within the MMP, the site is physically suitable to
the proposed development.
(h) The site is physically suitable for the proposed
density of development.
As referenced in finding 4.(g), the proposed
developments density is physically suitable for the
project site.
(i) The design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Prior to the grading permit's issuance, a mitigation
plan addressing potential impacts on streambed,
wetlands, and riparian habitats shall be prepared by
the applicant in conjunction with an application of
a U.S. Clean Water Act, Section 404 permit from the
U.S. Army Corps of Engineers (USAGE) and a State
Fish and Game Code, Section 1603 Streambed
Alteration Agreement with the California Department
of Fish and Game (CDFG). Through these agencies,
replacement of lost habitat values will occur.
Additionally, provisions to insure the long-term
preservation of habitat values are identified,
reviewed and approved by USAGE and CDFG. These
provisions will be implemented as soon as practical
following completion of the project's grading.
Additionally, the MMP with a five year monitoring
period, Revegetation Landscape Plan and the riparian
habitat value replacement will ensure that the
proposed development retain sufficient natural
vegetation cover and/or open spaces to buffer
critical resources areas from the proposed
development. Therefore, the design of the
subdivision or the proposed improvements are not
likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife
or their habitat.
(j) The design of the subdivision or type of
improvements is not likely to cause serious public
health problems.
The proposed subdivision's design or improvements is
not likely to cause serious public health problems
due to the following:
(1) Slope instability will not occur due to the
introduction of project features like shear
keys and the removal of landslide areas along
the western and eastern facing slopes;
4
(2) No active faults transect the project smote 'and
the project site in not located in an Algiis-t-
Priolo Special Studies Zone. Therefore, t.
potential for ground rupture does not exist.'%'
Additionally, the expected ground shaking
levels are within the range of current
engineering practices for construction of
habitable structures. Therefore, the project
is in an area that does not pose a significant
hazard when structures are designed in accord-
ing with the Uniform Building Code (UBC).
Structures for this project will comply with
the standards of the UBC through the City's
permit process;
(3) The proposed project will comply with the
required standards of the Los Angeles County
Fire Department. A fuel modification plan,
appropriate access and turnarounds for fire
equipment, and fire hydrants in appropriate
location with adequate flow are conditions of
approval, as specified by the Fire Department.
(k) The design of the subdivision or the type of
improvements will not conflict with easement,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Conditions of approval are incorporated into the
project which provide for future street easements,
the installation and maintenance of utilities, slope
and drainage easement, "restricted use" area
easements and appropriate access easements.
Therefore, the design of the subdivision and.
improvements will not conflict with easement,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Zone Change
(1) The proposed zone change is consistent with the
adopted General Plan and a need for the proposed
zone classification exists within such area or
district.
The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
Dwelling Unit Per Acre). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square Feet (R-1-
20,000) and Heavy Agricultural -Minimum Lot Sized 2
Acres (A-2-2). Previously approved tracts surround-
ing the project site are zoned R-1-40,000. For
consistency with the General Plan and the area, a
zone change is required.
5
(m) The particular property under consideration iY
proper location for said zone classification wE
such area or district.,
The General Plan land use designation, the project's
low density and the surrounding zoning of adjacent
tracts indicate that the proposed zoning classifi-
cation is appropriate for this project.
(n) Placement of the proposed zone at such location will
be in the interest of public health, safety and
general welfare, and in conformity with good zoning
practice.
The zoning of R-1-40,000 with the proposed
development standards for this project, will ensure
compatible low density development for the area.
Therefore, the placement of the proposed zone for
VTTM 50314 will be in the interest of public health,
safety and general welfare, and in conformity with
good zoning practice.
(o) Modified conditions warrant a revision in the zoning
plan as it pertains to the area or district under
consideration.
VTTM 50314 is surrounded by previously approved
tracts that were rezoned to Single Family Residence -
Minimum Lot Size 40,000 Square Feet (R-1-40,000).
Therefore, a revision to the zoning plan is
warranted for consistency with the surrounding
zoning.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends approval of
VTTM 50314 and Zone Change No. 96-1 subject to the
following conditions:
a. General:
(1) The project site shall be developed in sub-
stantial conformance to the VTTM 50314, CUP No.
96-1, OT No. 96-1, ZC No. 96-1 submitted to and
approved by the Planning Commission and
collectively labeled Exhibit "A" dated July 22,
1997, Exhibit "B" and Exhibit "C".
(2) The project site shall be maintained in a
condition which is free of debris both during
and after the construction, addition or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse; whether during or subsequent to
construction shall be done only by the property
owner, applicant or by a duly permitted waste
G
contractor, who has been authorized by tki
to provide collection, transportation and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City or it shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3) This approval is granted subject to the
conditions of approval of the Hillside
Management and Significant Ecological Area CUP
No. 96-1 and OT No. 96-1.
(4) This approval shall not be effective for any
purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's Community Development Department, their
Affidavit of Acceptance stating that they are
aware of and agree to accept all the con-
ditions of this approval. Further, this
approval shall not be effective until the
applicant pays remaining Planning Division
processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM 50314
brought within the time period provided for
Government Code Section 66499.37.
(6) All requirements of the Zoning Ordinance and of
the underlying zoning of the project site shall
be complied with unless otherwise set forth in
the resolution or shown on the approved plans.
Additionally, the applicant shall comply with
the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, and all other
applicable codes, ordinances and regulations in
effect at the time of the building permits
issuance.
(7) Notwithstanding any previous subsection of this
resolution, the Department of Fish and Game
requires payment of a fee pursuant to Section
711.4 of the Fish and Game Code. Said payment
shall be made by the applicant within five days
of this grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning and
7
Building and Safety Divisions, Public Wo
Divison, Engineering Division and school�'15` ^
at the established rates, prior to final map
approval, issuance of building or grading
permits (whichever comes first), as required by
the City. Additionally, the Applicant shall
pay all remaining prorated City project review
and processing fees prior to the Map's
recordation as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material stock pile and equipment storage area,
shall be enclosed with a six foot high chain
link fence. All access points in the fence
shall be locked whenever the construction site
is not supervised.
(10) Construction equipment and/or related
construction traffic shall not be permitted to
enter the project site via Hawkwood Road.
(11) VTTM 50314 is valid for two years. An ex-
tension of time may be requested in writing and
shall only be considered if submitted to the
City no less than 30 days prior to this
approval's expiration date. Final map approval
will not be granted unless either the map is in
substantial compliance with VTTM 50314
including all conditions or the applicant has
entered into a subdivision approvement
agreement to the satisfaction of the City
Attorney.
(12) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and applicable laws, or other
regulations.
(13) Prior to the granting of any occupancy permits,
all conditions of approval and improvements
shall be completed or bonded for to the
satisfaction of the City.
(14) This grant shall be null, void and of no effect
if the Planning Commission fails to approve CUP
No. 96-1 and OT No. 96-1.
b. Planning Division
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-1 (SCH No.
96071104) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited
with the City prior to the issuance of a
8
grading permit. All costs related t
ongoing monitoring shall be secured froer
applicant and received by the City prior te'�
final map's approval.
(2) Prior to approval of the final map, the
Applicant shall make a bona fide application to
"The Country Estates" Association to annex this
subdivision to that association. The
applicant/owner shall be required to agree to
annex upon recordation of the final map if all
fees assessed by "The Country Estates"
Association do not exceed the fees assessed per
lot for annexation for Tract No. 47722.
(3) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the
final map. A homeowners' association shall be
created and responsibilities there of shall be
delineated with the CC&Rs or the homeowners'
association shall be incorporated into "The
Country Estates". The CC&Rs and Articles of
Incorporation shall be recorded concurrently
with the final map or prior to the issuance of
any City permits, whichever occurs first. A
recorded copy shall be provided to the City
Engineer.
(4) The project site shall be designed so as to
substantially comply with the CC&Rs implemented
by the adjacent development know as "The
Country Estates". The CC&Rs shall incorporate
at a minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
Mitigation Monitoring Program. The CC&Rs
shall, to the fullest extent possible, be
consistent with "The Country Estates"' CC&Rs.
(5) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
party initiating litigation in a court of
competent jurisdiction. The cost of such
mediation shall be borne equally by the
parties.
(6) Applicant shall prepare and submit a "Buyers'
Awareness Package" to the Deputy City Manager
for approval, prior to the issuance of any City
01
a
permits, This �~ .'
p package shall includes
not limited to, information pertaining tce'o
logic issues regarding the property, wildlife`
corridors, oak and walnut tree preservation
issues, the existence and constraints per-
taining to Significant Ecological Area (SEA)
No. 15 and Tonner Canyon, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary
and similar related matters. The applicant
shall institute a program to include delivery
of a copy of the "Buyers Awareness Package" to
each prospective purchaser and shall keep on
file in the applicant's office a receipt signed
by each such prospective purchaser indicating
that the prospective purchaser has received and
read the information in the package. The
applicant shall incorporate within the CC&Rs a
reference to the availability of the package
and the fact that a copy is on file in the City
of Diamond Bar's City Clerk's office.
(7) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified under the
City's Source Reduction Recycling Element and
County Sanitation District's waste diversion
policies.
(8) All proposed residential dwelling units shall
comply with the City's Development Review
ordinance.
(9) Residential dwelling units shall utilize the
following development standards:
(a) Front yard setbacks shall be a minimum of
25 feet from the front property line.
Front yard setbacks shall vary so that
adjacent dwelling units do not have the
same setback;
(b) Side yard setbacks shall be a minimum of
10 feet and 15 feet from the buildable
pad's edge. The distance between dwelling
units shall be a minimum of 40 feet;
(c) Rear yard setbacks shall be a minimum of
25 feet from the buildable pad's edge; and
(d) Accessory structures may be permitted
utilizing setback distances from the
buildable pad's edge consistent with the
residential zoning designation for the
property at the time of permit issuance.
(10) All ground mounted utility appurtenances (i.e.
A.C. condenser units, transformers, etc.) shall
10
be located out of public view and adequq" e-ley
screened through the use of a combinatiofi`�o'
concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the
Community Development Department.
(11) Applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City prior to recordation of the final map.
(12) Grading and/or construction activities shall be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment and materials and the
operation of heavy grading shall also be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities. Reclaimed water shall be used
whenever possible.
(13) All terrace drains and drainage channels shall
be constructed in muted earth tones so as to
not impart adverse visual impacts. Terrace
drains shall follow land form slope con-
figuration and shall not be placed in exposed
positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(14) Prior to issuance of occupancy permits, all oak
and walnut trees and plant species shall be
installed according to ratio, locations, and
palette mix specified in EIR No. 97-1 (SCH No.
96071104).
(15) The final landscape plan shall substantially
comply with the recommendations of the
Significant Ecological Area Technical Advisory
Committee (SEATAC) Report, EIR 97-1 and the
preliminary landscape plan submitted and
approved by the Planning Commission and marked
Exhibit "A" which shall include fencing de-
tails, tree staking, soil preparation, planting
details, automatic irrigation systems and the
incorporation of xerotropic landscaping
wherever feasible.
(16) The grading plan shall substantially comfort to
VTTM No. 50314 as recommended for approval by
the Planning Commission. The approved VTTM No.
50314 and Hillside Management Ordinance shall
supersede all other standards and requirements
relating to this project. Surety bonds shall
11
be posted to the satisfaction of the
Engineer and City Attorney.
(17) All slope planting and irrigation shall be
continuously maintained in a healthy and
thriving condition by the developer until each
individual unit is sold and occupied by the
buyer. Prior to releasing occupancy for those
units, and inspection shall be conducted by the
Planning Division to determine that all slope
planting is in satisfactory condition.
(18) All off -site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units.
(19) Emergency access shall be provided, maintained
free and clear, a minimum of 26 feet wide, at
all times during construction and in accordance
with the Fire Department.
(20) Prior to the issuance of any building permits
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
(21) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control,Board (CRWQCB,) pursuant to
Division 7, Section 13000 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(22) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co-
permittees related thereto, pursuant to the
NPDES requirements.
(23) The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
(24) The applicant shall comply with all
requirements of the Zoning Ordinance and of the
underlying zoning unless set forth in the
permit or shown on the approved plans.
12
(25) Applicant shall obtain approval from the Couty>
Sanitation on the location of structures
affecting the County Sanitation easements and
submit written evidence to the City prior to
the grading permit's issuance.
(26) Applicant shall contribute a pro rata share of
$2,505.00 for the study of Tonner Canyon and
SEA No. 15.
(27) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
C. Fire Department
(1) A fuel modification plan, landscape/irrigation
plan approved by a registered landscape
architect shall be submitted for review and
approval by the Los Angeles County Fire Depart-
ment prior to the issuance of any City permits.
(2) Access shall comply with Section 902 of the
Fire Code which requires all weather access.
All weather access may require paving.
(3) Fire Department access shall extend to within
150 feet distance of any exterior portion of
all structures.
(4) Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection equipment use
shall be provided and shown on the final map.
Turnarounds shall.be designed, constructed and
maintained to insure their integrity for Fire
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) Vehicular access shall be provided and
maintained serviceable throughout construction
to all required fire hydrants. All required
fire hydrants shall be installed, tested, and
accepted prior to construction.
(6) Applicant shall provide Fire Department or City
approved street signs and building access
numbers prior to occupancy.
(7) Required fire flow for public fire hydrants at
this location shall be 1250 gallons per minute
at 20 psi for a duration of seven hours, over
and above maximum daily domestic demand.
13
d.
Hydrant (s ) flowing simultaneously may be used 4•��. ���
to achieve the required fire flow.
(8) Applicant shall provide information on the
location of all existing fire hydrants.
(9) All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three additional maps
for fire hydrant placement and distribution.
Public Works/Engineering Department
(1) Prior to final map approval, written certifi-
cation that all utility services and any other
service related to the site shall be available
to serve the proposed project and shall be
submitted to the City. Such letters shall be
issued by the district, utility and cable
television company, within ninety (90) days
prior to final map approval.
(2) All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
(3) Prior -to final map approval and when final map
is submitted for plan check, a title report/ -
guarantee showing all fee owners, interest
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
Recorder. An updated title report/guarantee
and subdivision guarantee shall be submitted
ten (10) working days prior to final map
approval.
(4) New boundary monuments shall be set in
accordance with the State Subdivision Map Act
and as required by the City Engineer.
(5) Prior to final map approval, if any required
public or private improvements required as part
14
of this map have not been completed by appl ca�t�`
and accepted by the City, applicant shall enter`)
into a subdivision agreement with the City and
shall post the appropriate security. All bond
amounts shall be provided by the applicant and
approved by the City Engineer.
(6) Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
City Engineer.
(7) Prior to final map approval, street names shall
be submitted for City review and approval.
Street names shall not duplicate existing
streets within the City of Diamond Bar's postal
service zip code areas.
(8) House numbering plans shall be submitted to and
approved by the City Engineer prior to issuance
of building permits.
(9) The detail drawings and construction notes
shown on the vesting tentative map are
conceptual only and the approval of this map
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be
submitted to the Community Development
Department for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) All identified geologic hazards within the
vesting tentative tract boundaries which cannot
be eliminated as approved by the City Engineer
shall be indicated on the final map as
"Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final map.
(12) Prior to final map approval and the issuance of
grading permit (s), surety shall be posted and
an agreement executed guaranteeing completion
of all drainage facilities necessary for
dewatering all parcels to the satisfaction of
the City Engineer.
(13) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map, as approved by the
City Engineer.
15
(14 ) Prior to finalization of any development pYise;
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15) Prior to final map approval, applicant shall
submit to the City Engineer the detail cost
estimates for bonding purposes of all public
improvements.
(16) Prior to any work being performed in public
right-of-way, fees shall be paid and a con-
struction permit shall be obtained from the
Public Works Division in addition to any other
permits required.
(17) Prior to final map approval, applicant
shall pay its fair share of other signal
improvements required pursuant to the approved
EIR prior to approval of the final map based
upon amended traffic study as approved by City
Engineer.
(18) Applicant shall label and delicate on the final
map any private drives or fire lanes and to
the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities, riding and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
the Subdivision, practical access for the
intended use.
(20) Applicant shall submit recorded document(s)
indicating the project will have proper/ -
adequate right -of -entry to the subject site
from "The Country Estates".
(21) VTTM 50314 shall be annexed to Landscape
Maintenance District 38.
(22) All boundary monuments not found at the time of
making the survey for the final map shall be
set in accordance with the State Subdivision
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monuments shall be
subject_ to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
16
to mark either the beginning and 'end of ernes
or the points of intersection of tangents .�
thereof, or other intermediate points to the ,
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(23) Easements, satisfactory to the City Engineer
and the utility companies, for public utility
and public services purposes shall be offered
and shown on the final map for dedication to
the City.
(24) After the final map records, applicant shall
submit to the Engineering Division, at no cost
to the City, a full size reproducible copy of
the recorded map. Final approval of the public
improvements shall not be given until the copy
of the recorded map is received by the
Engineering Divison.
(25) The applicant shall make a bona fide
application to Diamond Bar Country Estates
Association to annex this subdivision to the
association. The applicant shall be required
to annex if all fees assessed by the Diamond
Bar Country Estates Association do not exceed
the fees assessed per lot for annexation to the
Diamond Bar Country Estates Association for
similar tracts.
(26) The City may require a traffic study or other
documentation related to traffic impacts for
proposed VTTM 50314.
(28) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at not cost to the City for all
improvements.
(29) All improvements for proposed VTTM 50314 shall
be coordinated with any existing or proposed
maps.
(30) Applicant shall contribute to an equitable
share of cost as established by the City to
fund improvements to the areas mainlines, pump
stations, utility undergrounding or similar
improvements.
(31) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
17
41
hourly basis and shall include any city
administrative costs.
(32) Applicant shall provide digitized information`'`•'`
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(33) All activities/improvements proposed for this
map shall be wholly contained within the
boundaries of the map. Should any off -site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
Grading
(34) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM 50314. The maxi -mum
grade of driveways serving building pad areas
shall be 15%.
(35) At the time of submittal of the 40-scale
grading plan for plan check, a detailed soils
and geology report shall be submitted to the
City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
Prior to the issuance of a grading permit, the
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
etc.) shall be delineated in detail with
respect to proposed building envelopes;
"Restricted Use" areas and structural
setbacks shall be considered and
delineated prior to prior to recordation
of the final map;
(c) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
18
(d) The extend of any remedial grading ino:i
natural areas shall be clearly defined 0) ;,' .ate
the grading plans;
(e) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(g) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(h) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
40-scale final grading plan as a base; and
(i) All geotechnical and soils related
findings and recommendations shall be
reviewed and approved by the City Engineer
prior to issuance of any grading permits
and recordation of the final map.
(36) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(37) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(38) Final grading plans shall be prepared in a 24"
x 36" format and designed in compliance with
the recommendations of the final detailed soils
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
(39) Final grading plans shall be submitted to and
approved by the City Engineer.
(40) An erosion control plan shall be approved by
the City Engineer.
(41) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native
19
grasses or planted with ground cover, ski abs,
and trees for erosion control upon complet *` .'..
of grading or some other alternative methoc�of`�,,.,
erosion control shall be completed to the
satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
Drainage
(43) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(44) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map as approved by the
City Engineer.
(45) All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to issuance
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
(46) Prior to placement of any dredged or fill
material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the
Army Corps of Engineers and an agreement with
the California Department of Fish and Game
shall be obtained and submitted to the City
Engineer.
(47) The applicant shall provide drainage facilities
to remove any flood hazard and dedicate and
show necessary easements and/or rights of way
on the final map to the satisfaction of City
Engineer. Storm drainage facilities shall be
constructed within the street right-of-way or
in easements satis-factory to the City Engineer
and the Los Angeles County Flood Control
Districts.
(46) All identified flood hazard locations within
the tentative map boundaries which'cannot be
eliminated as approved by the City Engineer
shall be shown on the final map and delineated
as "Restricted Use Area" subject to flood
hazard: The Owner shall dedicate to the City
the right to prohibit the erection of buildings
20
f.
or other structures within such restricted use
areas shown on the final map.
(47) A permit from the County Flood Control Distrj:et'
shall be required for work within its
i�
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
(48) Vehicular access shall be provided to all
"Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a
maximum slope no greater than 15% unless
otherwise approved the City Engineer.
(49) Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
street and slope drainage as required by the
City Engineer.
(50) A final drainage study and final drainage/storm
drain plan in a 2401 x 3611 sheet format shall be
submitted to and approved by the City Engineer
prior to final map approval. All drainage
facilities shall be designed and constructed as
required by the City Engineer and in accordance
with County of Los Angeles Standards. Private
(and future) easements for storm drain purposes
shall be offered and shown on the final map for
dedication to the City. The private storm
drain facilities shall be maintained by the
homeowners association and this shall be
assured through the CC&Rs.
(51) Prior to the issuance of a•grading permit, a
complete hydrology and hydraulic study shall be
prepared by a Registered Civil Engineer to the
satisfaction of the City Engineer.
Streets
(51) Street improvement plans in a 2411x 3611 sheet
format, prepared by a registered Civil
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map. No
street shall exceed a maximum slope of 12%.
(52) Prior to any work being performed in public
right-of-way, fees shall be paid and a
construction permit shall be obtained from the
Public Works Department in addition to any
other permits required.
21
(53) Applicant shall make a irrevocable offer__t"1
dedicate to the City an easement for future ,'-"'
street purposes 30 feet wide for half of
future 60-foot wide roadway) along the
centerline extension of from the southerly
terminus of the private street to the southerly
tract boundary.
(54) Street names shall be submitted for City review
and approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(55) New street centerline monuments shall be set at
the intersections of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curves
or the points of intersection of tangents
thereof. Survey notes showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer for approval in accordance
with City Standards, prior to issuance of
Certificate of Occupancy.
(56) Street improvement plans in a 24" x 36" sheet
format, prepared by a California registered
Civil Engineer, shall be submitted to and
approved by the City Engineer. Security shall
be posted and an agreement executed guarantee-
ing completion of the public and/or private
street improvements, prior to final map
approval.
(57) No street shall exceed a maximum slope of 12%
unless approved by the City Engineer.
(58) Prior to recording of final map, applicant
shall construct base and pavement for all
streets in accordance with soils report
prepared by a California registered soils
engineer and approved by the City Engineer or
as otherwise directed by the City Engineer.
(59) Applicant shall provide and install street name
signs to the satisfaction of the City Engineer
prior to issuance of a certificate of
occupancy.
(60) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
22
Utilities
(61) All utility lines shall be underground in
frontage of the Vesting Tentative Tract Map.
(62) Applicant shall construct street lights along'
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall -be annexed into "The County
Estates" lighting districts, or shall be
operated and maintained by.a homeowners
association.
(63) Prior to final map approval, a water system
with appurtenant facilities to serve all
lots/parcels in the land division designed to
Walnut Valley Water District (WVWD) specifi-
cations shall be provided and approved by the
City Engineer. The system shall include fire
hydrants of the type and location as determined
by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the
total domestic and fire flows to the satis-
faction of the City Engineer, WVWD and Fire
Department.
(64) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to Walnut
Valley Water District (WVWD) specifications to
accommodate the total domestic and fire flows
as may be required by the City Engineer, WVWD
and Fire Department.
(65) Applicant shall provide separate underground
utility services to each parcel, including
water, gas, electric power, telephone and cable
TV, in accordance with the respective utility
company standards. Easements required by the
utility companies shall be approved by the City
Engineer prior to granting.
(66) Applicant shall relocate and underground any
existing on -site utilities to the satisfaction
of the City Engineer and the respective utility
owner.
(67) Prior to submittal of the final map, written
certifications from Walnut Valley Water
District, GTE, SCE, SCG and Jones Intercable
stating that adequate facilities are or will be
available to serve the proposed project shall
be submitted to the City.
23
(68) Based on a determination by the City Engineer,
the City reserves the right to require the
applicant to plan and incorporate into tle....
homeowners' association obligations the future
installation of main and service lines capable
of delivery of reclaimed water to all home-
owners' association maintained common area
landscaped portions of the Tract, prior to
final map approval. The system shall be
designed to permit "switch over" of non -
domestic services on each area within the
homeowners' association maintained landscaped
common area at time of availability of
reclaimed water, all to the satisfaction of the
City Engineer and designed to the specifi-
cations of the Walnut Valley Water District.
(69) Underground
within the
as approved
Traffic
utilities shall not be constructed
drip line of any mature tree except
by a registered arborist.
(70) Traffic improvement plans shall be prepared by
a registered Traffic Engineer in a 2411x36"
sheet format and submitted to and approved by
the City Engineer. Security shall be posted
and an agreement executed guaranteeing com-
pletion of traffic improvements prior to final
map approval.
(71) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
(72) Traffic control signing and striping plans
shall be prepared in accordance with City
requirements and submitted to and approved by
the City Engineer prior to approval of the
final map.
Sewers
(73) Prior to final map approval, applicant shall
submit a sanitary sewer area study to the City
Engineer to verify that capacity is available
in the sewerage system to be used as the
outfall for the sewers in this land division.
If the system is found to be of insufficient
capacity, the problem shall be resolved to the
satisfaction of the City Engineer.
(74) Each dwelling unit shall be served by a
separate sewer lateral which shall not cross
24
any other lot lines. The sanitary sewer system",
serving the tract shall be connected to the
City or District sewer system. Said system
shall be of the size, grade and depth approved
by the City Engineer, County Sanitation
District and Los Angeles County Public Works
Department prior to approval of the final map.
(75) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
shown on the final map and offered for
dedication on the final map.
(76) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District Standards.
(77) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to Diamond Bar
Associates, Julia Tang, and Windmill Development,
3480 Torrance Boulevard, #300, Torrance, CA 90503
25
APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST, 1997, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Ruzicka, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 12th day of August,
1997, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
26
A.
PLANNING COMMISSION
RESOLUTION NO. 97-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF HILLSIDE MANAGEMENT AND SIGNIF-
ICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT
NO. 96-1 AND OAR TREE PERMIT NO. 96-1 FOR
VESTING TENTATIVE MAP NO. 50314, A 15 LOT
SUBDIVISION LOCATED SOUTHEAST OF THE MOST
SOUTHERLY INTERSECTION OF STEEPLECHASE LANE
AND WAGON TRAIN LANE, DIAMOND BAR, CALIFORNIA.
RECITALS.
1. The property owners, Diamond Bar Associates and Julia
Tang and the applicant, Windmill Development Company have
filed an application for Vesting Tentative Map (VTTM) No.
50314, Hillside Management and Significant Ecological
Area (SEA) Conditional Use Permit No. 96-1, Oak Tree
Permit No. 96-1 and Zone Change No. 96-1 in order to
subdivide a 44 acre parcel into 15 lots for the eventual
development of 15 single family custom homes. The
project site is located southeast of the most southerly
intersection of Steeplechase Lane and Wagon Train Lane,
Diamond Bar, Los Angeles County, California, as described
above in the title of this Resolution. The request also
includes: a Conditional Use Permit for development within
an urban hillside management area and Significant
Ecological Area No. 15 (CUP 96-1); an Oak Tree Permit for
the removal of Oak trees (OT 96-1); and a Zone Change
conforming to the General Plan's land use designation for
the area and surrounding zoning (ZC 96-1) collectively
attached hereto as Exhibit "A" dated July 22, 1997,
Exhibit "B" and Exhibit "C" dated July 10, 1997.
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond -Bar adopted its Ordinance No. 14
(1990), there y adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. The Planning Commission of the City of Diamond Bar on
July 22, 1997 conducted a duly noticed public hearing on
CUP 96-1 and OT 96-1. The public hearing was opened and
comments were received on the Draft Environmental Impact
Report No. 97-1 (SCH 96-071104) and on CUP 96-1 and OT
96-1. Then the public hearing was continued to August
12, 1997.
0
been
4. Notification of the Application's public hearing,,1_,
made in the San Gabriel Valley Tribune and Inlanle
Daily Bulletin newspapers on June 26, 1997. Twent"S4-..PA1
property owners within a minimum 500 foot radius of t"
project site were notified by mail on June 25, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 97-1 (SCH
96071104) has been prepared according to the California
Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Furthermore, this
Commission has reviewed the EIR in reference to CUP 96-1
and OT 96-1.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant parcel of
approximately 44 acres.
(b) The project site has a General Plan Land Use
designation of Rural Residential (RR -Maximum One
Dwelling Unit Per Acre). It is zoned Single Family
Residence -Minimum Lot Size 20,000 Square. Feet (R-1-
20,000) and Heavy Agricultural -Minimum Lot Sized 2
Acres (A-2-2).
(c) Generally, the following zones surround the project
site: to the north is the R-1-20,000 Zone; to the
south is the A-2-2 Zone; and to the east and west is
the R-1-40,000 Zone.
2
Conditional Use Permit
Hillside Management Area
(d) The proposed project is located and designed so as,
to protect the safety of current and future
community residents, and will not create significant
threats to life and/or property due to the presence
of geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard.
The on -site effects from the development of VTTM
50314 will not result in any significant geologic,
seismic, slope instability, fire, flood, mud flow,
or erosion hazard because the project's grading plan
is consistent with the City's Hillside Management
ordinance and will be developed with the benefit of
appropriate City permits and inspections.
Slope instability will not occur due to the
introduction of project features like a shear key
and the removal of landslide areas along the western
facing slope. No active faults transect the project
site and the project site in not located in an
Alquist-Priolo Special Studies Zone. Therefore, the
potential for ground rupture does not exist.
Additionally, the expected ground shaking levels are
within the range of current engineering practices
for construction of habitable structures. There-
fore, the project is in an area that does not pose a
significant hazard when structures are designed in
according with the Uniform Building Code (UBC).
Structures for this project will comply with the
standards of the UBC through the City's permit
process.
The proposed project and the surrounding related
projects include existing and proposed storm drain
facilities to adequately convey runoff.
Additionally, the applicant will install landscaping
with appropriate irrigation, per the City's
approval, seven working days after completion of
grading. This will reduce potential erosion and
increase runoff. Additionally, an urban runoff
management plan will be prepared by a qualified
hydrologist to control and reduce the amount of
runoff generated by local precipitation events, to
the satisfaction of the City Engineer.
The proposed project will comply with the required
standards of the Los Angeles County Fire Department.
A fuel modification plan, appropriate access and
turnarounds for fire equipment, and fire hydrants in
appropriate. location with adequate flow are
conditions of approval as specified by the Fire
Department. It is these standards that will reduce
the threat to life and/or property.
(e) The proposed project is compatible with the natural,
es
biotic, cultural, scenic and open space resourcof
the area.
The compatibility of the proposed project with the
natural, biotic, cultural, scenic and open space
resources was reviewed through the EIR process. A
Biological reconnaissance survey and cultural
resource studies were taken according to industry
standards and practices. Additionally, scenic and
open space resources were reviewed.
The EIR incorporates a Mitigation Monitoring Program
(MMP) which mitigates potential significant impacts
to the natural and biotic resources. The measures
within the MMP are based on the findings from the
biological resources survey and previously adopted
conditions by the City placed on projects containing
similar resources. A Mitigation Landscape Plan, a
condition of approval for this project, will
incorporate the necessary requirements to comply
with the mitigation measures, thereby ensuring this
project's compatibility with the areas natural and
biotic resources.
To reduce the impact on cultural resources, the MMP
incorporates measures such as an archaeologist and
Paleontologist present to monitor all clearing,
brushing and grading activities on the project site.
This will ensure that appropriate actions for the
exploration and/or salvage of the cultural findings.
The proposed project will be compatible with scenic
and open space resources. This compatibility is due
to the project's low density and retention of the
area's hillside character through landform grading
and the Revegetation Plan which will concentrate the
planting of vegetation in concave areas, similar as
in nature.
(f) The proposed project is conveniently served by
neighborhood shopping and commercial facilities, can
be provided with essential public services without
imposing undue costs on the total community, and is
consistent with the objectives and policies of the
General Plan.
Previously mentioned findings confirm that the
proposed project is consistent with the objectives
and policies of the General Plan. Pursuant to the
EIR, this project and area surrounding the project
is served by the Los Angeles County Fire and
Sheriff's Departments, as well as the Walnut Valley
Unified School District. The addition of 15 single
family homes is not expected to result in a
significant impact on these agencies. Additionally,
4
the applicant will provide their fair share fox1
infrastructure related to this project.
Furthermore, shopping and commercial facilities ate`
provided within approximately three miles of the G'
project site.
(g) The proposed development demonstrates creative and
imaginative design, resulting in a visual quality
that will complement community character and benefit
current and future community residents.
The proposed development demonstrates creative and
imaginative design through the utilization of the
standards and guidelines of the City's Hillside
Management ordinance; the varying shape lots with
irregular pad configuration; low density; the re-
tention of the area's hillside character through
landform grading and the Revegetation Plan, which
will concentrate the planting of vegetation in
concave areas, similar as in nature. All these.
measures will complement the community's character
and benefit current and future community residents.
Significant Ecological Area
(h) The requested development is designed to be highly
compatible with the biotic resources present,
including the setting aside of appropriate and
sufficient undisturbed areas.
As referenced in finding 4(g), the requested
development is designed to be highly compatible with
the biotic resources present. Additionally, the
project's west facing slopes will provide a
"restricted use" area for the retention of
sufficient undisturbed area.
(i) The requested development is designed to maintain
water bodies, watercourses, and their tributaries in
a natural state.
Prior to the grading permit's issuance, a mitigation
plan addressing potential impacts on streambed,
wetlands, and riparian habitats shall be prepared by
the applicant in conjunction with an application of
a U.S. Clean Water Act, Section 404 permit from the
U.S. Army Corps of Engineers (USACE) and a State
Fish and Game Code, Section 1603 Streambed
Alteration Agreement with the California Department
of Fish and Game (CDFG). Through these agencies,
replacement of lost habitat values will occur.
Additionally, provisions to insure the long-term
preservation of habitat values are identified,
reviewed and approved by USACE and CDFG.
5
These provisions will be implemented as soJa'
ractical followin com of the"`,
P g letion P project's
grading.
(j) The requested development is designed so that
wildlife movement corridors (migratory paths) are
left in an undisturbed natural state.
Because the project area does not provide a link
between large blocks of wildlife habitat, it does
not function as a primary wildlife movement
corridor. However, it does provide a refuge and is.
linked to the primary wildlife corridor in Tonner
Canyon. The loss of this refuge may be considered
locally important, but not significant regionally
because implementation of the proposed project is
not expected to substantially prevent or inhibit
wildlife movement in the Tonner Canyon area.
Additionally, the MMP incorporates measure with a
five year monitoring program, which will create and
protect a refuge for wildlife in the area.
(k) The requested development retains sufficient natural
vegetative cover and/or open spaces to buffer
critical resource areas from said requested
development.
As referenced in findings 4 (g) (i) and (k) , the MMP
and the Revegetation Landscape Plan and the riparian
habitat value replacement will ensure that the
proposed development retain sufficient natural
vegetation cover and/or open spaces to buffer
critical resource areas from the proposed
development.
(1) Where necessary, fences or walls are provided to
buffer important habitat areas from development.
Pursuant to the MMP and prior to the issuance of
grading permits, limits of proposed grading and con-
struction activities shall be delineated with eight
foot lengths of PVC pipe, mounted on a rigid steel
base for support. For this project, a buffer plan
using native plant species will be utilized for the
management of this edge condition. This buffer plan
will limit potential impacts to the natural areas by
screening development from wildlife, capturing
excess runoff from landscape irrigation, while
providing many plant species that are valuable to
wildlife.
(m) The roads and utilities serving the proposed
development are located and designed so as not to
conflict with critical resources, habitat areas or
migratory paths.
N.
The proposed road, Windmill Drive
serving the proposed development
400 feet from the open space area
critical resources. Therefore,
critical resources, habitat areas
are unlikely.
Oak Tree Permit
and utilities -
are a minimum of
reserved for
conflict with
or migratory paths
(n) The proposed construction or proposed use will be
accomplished without endangering the health of the
remaining trees on the subject property.
Pursuant to the City's Development Code and the
project's MMP, remaining trees shall be protected at
all times during construction. Protection will
occur by the installation of temporary rigid
fencing. Fencing shall be a minimum of four feet
high and located at least 15 feet outside the
dripline of any oak or walnut or group of oak/walnut
trees. No equipment storage or other activities
shall be allowed within these fenced areas.
(o) The removal or relocation of the oak tree(s)
proposed will not result in soil erosion through the
diversion of increased flow of surface waters which
cannot be satisfactorily mitigated.
Pursuant to the City's grading permit process and
the project's MMP, during construction measures to
prevent erosion, such as the use of silt fencing or
hay bales shall be installed at the grading limits.
Additionally, within seven days of the grading
completion, the approved Revegetation Plan shall be
implemented. Therefore, soil erosion will be
satisfactorily mitigated.
(p) The removal or relocation of the oak tree(s)
proposed is necessary, as continued existence at
present location(s) frustrates the planned
improvement of proposed use of the subject property
to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such
property for a use otherwise authorize.
The removal of oak and walnut trees is necessary due
to the large landslide areas along the western and
eastern facing which require shear keys and blanket
fill to rectify the area. However, the MMP require
oak tree replacement at a 4:1 ratio and walnut tree
replacement at a 2:1 ratio, both with understory to
ensure the replacement of the ecosystem values.
Additionally, a five year monitoring will occur.
7
t
Ems•,..,/ �,
5. Based on the findings and conclusions set forth above';,
the Planning Commission hereby approves CUP 96-1 and OTI,,,'
96-1 subject to the following conditions:
a. General:
(1) The project site shall be developed in sub-
stantial conformance to the VVTM 50314, CUP 96-
1 and OT 96-1 submitted to and approved by the
Planning Commission and collectively attached
hereto as Exhibit "A" dated July 22, 1997,
(2) The project site shall be maintained in a
condition which is free of debris both during
and after the construction, addition or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse, whether during or subsequent to
construction shall be done only by the property
owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City
to provide collection, transportation and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3) This approval is granted subject to the
conditions of approval VTTM 50314 and Zone
Change No. 96-1.
(4) This approval shall not be effective for any
purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's Community Development Department, their
Affidavit of Acceptance stating that they are
aware of and agree to accept all the con-
ditions of this approval. Further, this
approval shall not be effective until the
applicant pays remaining Planning Division
processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM 50314
brought within the time period provided for
Government Code Section 66499.37.
(6) All requirements of the Zoning Ordinance and of
the underlying zoning of the project site shall
E3
be complied with unless otherwise set for fi..?- z!
the resolution or shown on the approved plans:-,.,`'�;,
Additionally, the applicant shall comply with�,�.;'r"
the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, and all other
applicable codes, ordinances and regulations in
effect at the time of the building permits
issuance.
(7) Notwithstanding any previous subsection of this
resolution, the Department of Fish and Game
requires payment of a fee pursuant to Section
711.4 of the Fish and Game Code. Said payment
shall be made by the applicant within five days
of this grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning and
Building and Safety Divisions, Public Works
Divisions, Engineering Division and school
fees) at the established rates, prior to final
map approval, issuance of building or grading
permits (whichever comes first), as required by
the City. Additionally, the Applicant shall
pay all remaining prorated City project review
and processing fees prior to the Map's
recordation as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material stock pile and equipment storage area,
shall be enclosed with a six foot high chain
link fence. All access points in the fence
shall be locked whenever the con-struction site
is not supervised.
(10) Construction equipment and/or related
construction traffic shall not be permitted to
enter the project site via Hawkwood Road.
(11) This grant is only valid, provided that con-
struction begun is begun within two years from
the date of this approval. A one year
extension of time may be requested in writing
and shall only be considered if submitted to
the City no less than 30 days prior to the
approval's expiration date.
(12) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and all laws, or other
regulations applicable.
(13) This grant shall be null, void and of no effect
if the City Council fails to approve VTTM
01
50314, certify EIR No. 97-1 (SCH 96-07110.4)" or
ZC 96-1.
b. Planning Division
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-1 (SCH No.
96071104) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited
with the City prior to the issuance of a
grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
final map's approval.
(2) Prior to approval of the final map, the
Applicant shall make a bona fide application to
"The Country Estates" Association to annex this
subdivision to that association. The
applicant/owner shall be required to agree to
annex upon recordation of the final map if all
fees assessed by "The Country Estates"
Association do not exceed the fees assessed per
lot for annexation for Tract No. 47722.
(3) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the
final map. A homeowners' association shall be
created and responsibilities there of.shall be
delineated with the CC&Rs or the homeowners'
association shall be incorporated into "The
Country Estates". The CC&Rs and Articles of
Incorporation shall be recorded concurrently
with the final map or prior to the issuance of
any City permits, whichever occurs first. A
recorded copy shall be provided to the City
Engineer.
(4) VTTM 50314 shall be designed so as to sub-
stantially comply with the CC&Rs implemented by
the adjacent development know as "The Country
Estates". The CC&Rs shall incorporate at a
minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
Mitigation Monitoring Program. The CC&Rs
shall, to the fullest extent possible, be
consistent with "The Country Estates"' CC&Rs.
(5) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
party initiating litigation in a court of
competent jurisdiction. The cost of such
mediation shall be borne equally by the
parties.
(6) Applicant shall prepare and submit a "Buyers'
Awareness Package" to the Deputy City Manager
for approval, prior to the issuance of any City
permits, This package shall include, but is
not limited to, information pertaining to geo-
logic issues regarding the property, wildlife
corridors, oak and walnut tree preservation
issues, the existence and constraints per-
taining to Significant Ecological Area (SEA)
No. 15 and Tonner Canyon, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary
and similar related matters. The applicant
shall institute a program to include delivery
of a copy of the "Buyers Awareness Package" to
each prospective purchaser and shall keep on
file in the applicant's office a receipt signed
by each such prospective purchaser indicating
that the prospective purchaser has received and
read the information in the package. The
applicant shall incorporate within the CC&Rs a
reference to the availability of the package
and the fact that a copy is on file in the City
of Diamond Bar's City Clerk's office.
(7) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified under the
City's Source Reduction Recycling Element and
County Sanitation District's waste diversion
policies.
(8) All proposed residential dwelling units shall
comply with the City's Development Review
Ordinance.
(9) Residential dwelling units shall utilize the
following development standards:
(a) Front yard setbacks shall be a minimum of
25 feet from the front property line.
Front yard setbacks shall vary so that
adjacent dwelling units do not utilize the
same setback;
11
(b) Side yard setbacks shall be a minimum
10 feet and 15 feet from the buildablef
pad's edge. The distance between dwelling
units shall be a minimum of 40 feet;
(c) Rear yard setbacks shall be a minimum of
25 feet from the buildable pad's edge; and
(d) Accessory structures may be permitted
utilizing setback distances from the
buildable pad's edge consistent with the
residential zoning designation for the
property at the time of permit issuance.
(10) All ground mounted utility appurtenances (i.e.
A.C. condenser units, transformers, etc.) shall
be located out of public view and adequately
screened through the use of a combination of
concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the
Community Development Department.
(11) Applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City prior to recordation of the final map.
(12) Grading and/or construction activities shall be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment and materials and the
operation of heavy grading shall also be
restricted to 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities. Reclaimed water shall be used
whenever possible.
(13) All terrace drains and drainage channels shall
be constructed in muted earth tones so as to
not impart adverse visual impacts. Terrace
drains shall follow land form slope con-
figuration and shall not be placed in exposed
positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(14) Prior to issuance .of occupancy permits, all oak
and walnut trees and plant species shall be
installed according to ratio, locations, and
palette mix specified in EIR No. 97-1 (SCH No.
96071104).
(15) The final landscape plan shall substantially
comply with the recommendations of the
Significant Ecological Area Technical Advisory
12
Committee (SEATAC) Report, EIR 97-1 and the
preliminary landscape plan submitted and':.,
approved by the Planning Commission and marked'„
Exhibit "A" which shall include fencing de-
tails, tree staking, soil preparation, planting
details, automatic irrigation systems and the
incorporation of xerotropic landscaping
wherever feasible.
(16) The grading plan shall substantially conform to
VTTM No. 50314 as recommended for approval by
the Planning Commission. The approved VTTM No.
50314 and Hillside Management Ordinance shall
supersede all other standards and requirements
relating to this project. Surety bonds shall
be posted to the satisfaction of the City
Engineer and City Attorney.
(17) All slope planting and irrigation shall be
continuously maintained in a healthy and
thriving condition by the applicant until each
individual unit is sold and occupied by the
buyer. Prior to releasing occupancy for those
units, an inspection shall be conducted by the
Planning Division to determine that all slope
planting is in satisfactory condition.
(18) All off -site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units.
(19) Emergency access shall be provided, maintained
free and clear, a minimum of 26 feet wide, at
all times during construction and in accordance
with the Fire Department.
(20) Prior to the issuance of any building permits
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
(21) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control Board (CRWQCB,) pursuant to
Division 7, Section 13000 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(22) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
13
approval by the City Engineer and the co- E
permittees related thereto, pursuant to the
NPDES requirements.^
(23) The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
(24) VTTM 50314 shall comply with all requirements
of the Zoning Ordinance and of the underlying
zoning unless set forth in the permit or shown
on the approved plans.
(25) Applicant shall obtain approval from the County
Sanitation on the location of structures
affecting the County Sanitation easements and
submit written evidence to the City prior to
the grading permit's issuance.
(26) Applicant shall contribute a pro rata share of
$2,505.00 for the study of Tonner Canyon and
SEA No. 15.
(27) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
C. Fire Department
(1) A fuel modification plan, landscape/irrigation
plan approved by a registered landscape
architect shall be submitted for review and
approval by the Los Angeles County Fire Depart-
ment prior to the issuance of any City permits.
(2) Access shall comply with Section 902 of the
Fire Code which requires all weather access.
All weather access may require paving.
(3) Fire Department access shall extend to within
150 feet distance of any exterior portion of
all structures.
(4) Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection equipment use
shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire
14
n
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) Vehicular access shall be provided and
maintained serviceable throughout construction
to all required fire hydrants. All required
fire hydrants shall be installed, tested, and
accepted prior to construction.
(6) Applicant shall provide Fire Department or City
approved street signs and building access
numbers prior to occupancy.
(7) Required fire flow for public fire hydrants at
this location shall be 1250 gallons per minute
at 20 psi for a duration of seven hours, over
and above maximum daily domestic demand.
Hydrant(s) flowing simultaneously may be used
to achieve the required fire flow.
(8) Applicant shall provide information on the
location of all existing fire hydrants.
(9) All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three additional maps
for fire hydrant placement and distribution.
d. Public Works/Engineering Department
(1) Prior to final map approval, written certifi-
cation that all utility services and any other
service related to the site shall be available
to serve the proposed project and shall be
submitted to the City. Such letters shall be
issued by the district, utility and cable
television company, within ninety (90) days
prior to final map approval.
(2) All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
15
(3) Prior to final map approval and when final map
is submitted for plan check, a title report/-
guarantee showing all fee owners, interest
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
Recorder. An updated title report/guarantee
and subdivision guarantee shall be submitted
ten (10) working days prior to final map
approval.
(4) New boundary monuments shall be set in
accordance with the State Subdivision Map Act
and as required by the City Engineer.
(5) Prior to final map approval, if any required
public or private improvements required as part
of this map have not been completed by applicant
and accepted by the City, applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security. All bond
amounts shall be provided by the applicant and
approved by the City Engineer.
(6) Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
City Engineer.
(7) Prior to final map approval, street names shall
be submitted for City review and approval.
Street names shall not duplicate existing
streets within the City of Diamond Bar's postal
service zip code areas.
(8) House numbering plans shall be submitted to and
approved by the City Engineer prior to issuance
of building permits.
(9) The detail drawings and construction notes
shown on the vesting tentative map are
conceptual only and the approval of this map
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be
submitted to the Community Development
Department for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) All identified geologic hazards within the
vesting tentative tract boundaries which cannot
be eliminated as approved by the City Engineer
shall be indicated on the final map as
"Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the
16
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final map.
(12) Prior to final map approval and the issuance of
grading permit (s), surety shall be posted and
an agreement executed guaranteeing completion
of all drainage facilities necessary for
dewatering all parcels to the satisfaction of
the City Engineer.
(13) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map, as approved by the
City Engineer.
(14) Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15) Prior to final map approval, applicant shall
submit to the City Engineer the detail cost
estimates for bonding purposes of all public
improvements.
(16) Prior to any work being performed in public
right-of-way, fees shall be paid and a con-
struction permit shall be obtained from the
Public Works Division in addition to any other
permits required.
(17) Prior to final map approval, applicant shall,
pay its fair share of other signal improvements
required pursuant to the approved EIR prior to
approval of the final map based upon amended
traffic study as approved by City Engineer.
(18) Applicant shall label and delineate on the
final map any private drives or fire lanes and
to the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities, riding and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
the Subdivision, practical access for the
intended use.
(20) Applicant shall submit recorded document(s)
indicating the project will have
17
proper/adequate right -of -entry to the subject'
site from "The Country Estates".
(21) VTTM 50314 shall be annexed to Landscape
Maintenance District 38.
(22) All boundary monuments not found at the time of
making the survey for the final map shall be
set in accordance with the State Subdivision
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monuments shall be
subject to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents
thereof, or other intermediate points to the
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(23) Easements, satisfactory to the City Engineer
and the utility companies, for public utility
and public services purposes shall be offered
and shown on the final map for dedication to
the City.
(24) After the final map records, applicant shall
submit to the Engineering Department, at no
cost to the City, a full size reproducible copy
of the recorded map. Final approval of the
public improvements shall not be given until
the copy of the recorded map is received by the
Engineering Division.
(25) The applicant shall make a bona fide
application to Diamond Bar Country Estates
Association to annex this subdivision to the
association. The applicant shall be required
to annex if all fees assessed by the Diamond
Bar Country Estates Association do not exceed
the fees assessed per lot for annexation to the
Diamond Bar Country Estates Association for
similar tracts.
(26) The City may require a traffic study or other
documentation related to traffic impacts for
proposed VTTM 50314.
(28) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at not cost to the City for all
improvements.
18
(29) All improvements for proposed VTTM 50314 shall
be coordinated with any existing or proposed
maps.
(30) Applicant shall contribute to an equitable
share of cost as established by the City to
fund improvements to the areas mainlines, pump
stations, utility undergrounding or similar
improvements.
(31) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
hourly basis and shall include any city admin-
istrative costs.
(32) Applicant shall provide digitized information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(33) All activities/improvements proposed for this
map shall be wholly contained within the
boundaries of the map. Should any off -site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
Grading
(34) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM 50314. The maximum grade
of driveways serving building pad areas shall
be 150.
(35) At the time of submittal of the 40-scale
grading plan for plan check, a detailed soils
and geology report shall be submitted to the
City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
Prior to the issuance of a grading permit, the
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; projection plane shall have a
safety factor of 1.5;
19
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
etc.) shall be delineated in detail with
respect to proposed building envelopes;
Restricted use areas and structural
setbacks shall be considered and
delineated prior to prior to recordation
of the final map;
(c) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
(d) The extend of any remedial grading into
natural areas shall be clearly defined on
the grading plans;
(e) Areas of potential for debris flow shall
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(g) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(h) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
40-scale final grading plan as a base; and
(i) All geotechnical and soils related
findings and recommendations shall be
reviewed and approved by the City Engineer
prior to issuance of any grading permits
and recordation of the final map.
(36) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(37) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
Nut
(38) Final grading plans shall be prepared in a 24"
x 36" format and designed in compliance with
the recommendations of the final detailed soils
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
(39) Final grading plans shall be submitted to and
approved by the City Engineer.
(40) An erosion control plan shall be approved by
the City Engineer.
(41) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
of grading or some other alternative method of
erosion control shall be completed to the
satisfaction of the City Engineer and a
permanent irrigation system shall be installed.
Drainage
(43) Surety shall be posted and an agreement
executed guaranteeing completion of all
drainage facilities necessary for dewatering
all parcels to the satisfaction of the City
Engineer prior to final map approval and prior
to the issuance of grading permits.
(44) Easements for disposal of drainage water onto
or over adjacent parcels shall be delineated
and shown on the final map as approved by the
City Engineer.
(45) All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to issuance
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
(46) Prior to placement of any dredged or fill
material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the
Army Corps of Engineers and an agreement with
the California Department of Fish and Game
shall be obtained and submitted to the City
Engineer.
(47) The applicant shall provide drainage facilities
to remove any flood hazard and dedicate and
show necessary easements and/or rights of way
on the final map to the satisfaction of City
21
Engineer. Storm drainage facilities shall be
constructed within the street right-of-way or
in easements satis-factory to the City Engineer
and the Los Angeles County Flood Control
Districts.
(46) All identified flood hazard locations within
the tentative map boundaries which cannot be
eliminated as approved by the City Engineer
shall be shown on the final map and delineated
as "Restricted Use Area" subject to flood
hazard. The Owner shall dedicate to the City
the right to prohibit the erection of buildings
or other structures within such restricted use
areas shown on the final map.
(47) A permit from the County Flood Control District
shall be required for work within its
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
(48) Vehicular access shall be provided to all
"Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a
maximum slope no greater than 15% unless
otherwise approved the City Engineer.
(49) Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
street and slope drainage as required by the
City Engineer.
(50) A final drainage study and final drainage/storm
drain plan in a 24" x 36" sheet format shall be
submitted to and approved by the City Engineer
prior to final map approval. All drainage
facilities shall be designed and constructed as
required by the City Engineer and in accordance
with County of Los Angeles Standards. Private
(and future) easements for storm drain purposes
shall be offered and shown on the final map for
dedication to the City. The private storm
drain facilities shall be maintained by the
homeowners association and this shall be
assured through the CC&Rs.
(51) Prior to the issuance of a grading permit, a
complete hydrology and hydraulic study shall be
prepared by a Registered Civil Engineer to the
satisfaction of the City Engineer.
22
Streets A
(51) Street improvement plans in a 2411x 36" sheer
format, prepared by a registered Civil `
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map. No
street shall exceed a maximum slope of 12%.
(52) Prior to any work being performed in public
right-of-way, fees shall be paid and a
construction permit shall be obtained from the
Public Works Department in addition to any
other permits required.
(53) Applicant shall make a irrevocable offer to
dedicate to the City an easement for future
street purposes 30 feet wide (for half of a
future 60-foot wide roadway) along the
centerline extension of from the southerly
terminus of the private street to the southerly
tract boundary.
(54) Street names shall be submitted for City review
and approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(55) New street centerline monuments shall be set at
the intersections of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curves
or the points of intersection of tangents
thereof. Survey notes showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer for approval in accordance
with City Standards, prior to issuance of
Certificate of Occupance.
(56) Street improvement plans in a 24" x 36" sheet
format, prepared by a California registered
Civil Engineer, shall be submitted to and
approved by the City Engineer. Security shall
be posted and an agreement executed guarantee-
ing completion of the public and/or private
street improvements, prior to final map
approval.
(57) No street shall exceed a maximum slope of 12%
unless approved by the City Engineer.
(58) Prior to recording of final map, applicant
shall construct base and pavement for all
streets in accordance with soils report
23
A
prepared by a California registered soils
engineer and approved by the City Engineer or`...-.,
as otherwise directed by the City Engineer. 4
(59) Applicant shall provide and install street name
signs to the satisfaction of the City Engineer
prior to issuance of a certificate of
occupancy.
(60) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
Utilities
(61) All utility lines shall be underground in
frontage of the Vesting Tentative Tract Map.
(62) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into "The County
Estates" lighting districts, or shall be
operated and maintained by a homeowners
association.
(63) Prior to final map approval, a water system
with appurtenant facilities to serve all
lots/parcels in the land division designed to
Walnut Valley Water District (WVWD) specifi-
cations shall be provided and approved by the
City Engineer. The system shall include fire
hydrants of the type and location as determined
by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the
total domestic and fire flows to the satis-
faction of the City Engineer, WVWD and Fire
Department.
(64) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to Walnut
Valley Water District (WVWD) specifications to
accommodate the total domestic and fire flows
as may be required by the City Engineer, WVWD
and Fire Department.
(65) Applicant shall provide separate underground
utility services to each parcel, including
water, gas, electric power; telephone and cable
TV, in accordance with the respective utility
company standards. Easements required by the
utility companies shall be approved by the City
Engineer prior to granting.
24
(66) Applicant shall relocate and underground any
existing on -site utilities to the satisfaction`*
of the City Engineer and the respective utility
owner.
(67) Prior to submittal of the final map, written
certifications from Walnut Valley Water
District, GTE, SCE, SCG and Jones Intercable
stating that adequate facilities are or will be
available to serve the proposed project shall
be submitted to the City.
(68) Based on a determination by the City Engineer,
the City reserves the right to require the
applicant to plan and incorporate into the
homeowners' association obligations the future
installation of main and service lines capable
of delivery of reclaimed water to all home-
owners' association maintained common area
landscaped portions of the Tract, prior to
final map approval. The system shall be
designed to permit "switch over" of non -
domestic services on each area within the
homeowners' association maintained landscaped
common area at time of availability of
reclaimed water, all to the satisfaction of the
City Engineer and designed to the specifi-
cations of the Walnut Valley Water District.
(69) Underground utilities shall not be constructed
within the drip line of any mature tree except
as approved by a registered arborist.
Traffic
(70) Traffic improvement plans shall be prepared by
a registered Traffic Engineer in a 241lx36"
sheet format and submitted to and approved by
the City Engineer. Security shall be posted
and an agreement executed guaranteeing com-
pletion of traffic improvements prior to final
map approval.
(71) Intersection line of sight designs shall be
submitted to the City for approval may, be
required by the City Engineer.
(72) Traffic control signing and striping plans
shall be prepared in accordance with City
requirements and submitted to and approved by
the City Engineer prior to approval of the
final map.
25
Sewers
(73) Prior to final map approval, applicant shall:'----* =r
submit a sanitary sewer area study to the City'---."_>
Engineer to verify that capacity is available
in the sewerage system to be used as the
outfall for the sewers in this land division.
If the system is found to be of insufficient
capacity, the problem shall be resolved to the
satisfaction of the City Engineer.
(74) Each dwelling unit shall be served by a
separate sewer lateral which shall not cross
any other lot lines. The sanitary sewer system
serving the tract shall be connected to the
City or District sewer system. Said system
shall be of the size, grade and depth approved
by the City Engineer, County Sanitation
District and Los Angeles County Public Works
Department prior to approval of the final map.
(75) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
shown on the final map and offered for
dedication on the final map.
(76) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District Standards.
(77) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to Diamond Bar
Associates, Julia Tang, and Windmill Development,
3480 Torrance Boulevard, #300, Torrance, CA 90503
26
APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST, 1997, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
LI-)•A
Joe Ruzicka, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 12th day of August,
1997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Secretary
27
"UU-U0-iV7( it)-iL) M I I-HHLL 6Ff;DMHN
Michael Brandman Assmiares
August 6,1997
James Destdm
City of Diamond Bar
21660 E. Copley DriM SUkC 190
Diamond Bar, California 91165
SUBJECT: Second Adderklum — Responses to Comments on the Draft Emironme:ntal Impact Report
for Vesting Tentative Tract Map 50314
On July 22, 1997, the City received comments dodo* the public hearing on the Draft Environmental
Impact Report (Elk) 1hr Vesting TaUtim Mad Map 50314. Furthermore, the City received one
additional mmesit letter from the United States Fab aW Wildlife Service (USFWS), Following are
responses to the comments received by the City. The comments that were received during the public
hewing am provided below along with responses. A copy of the comment letter provided by USFWS is
located in Attachment A zW each comnscut within the letter has been assigned a numerical designation so
that each comment could be cross-referenced with in mdkvidual response.
COMMENTS AND RESPONSES FROM PUBLIC HEARING
The following comments were provided during the public hearing held by the, City of Diamond Bar
Plivming Commission hearing on July 22, 1 M.
Commissioner
Comment I: Coirmnssio= Schad was concern that some plant VA wildlife %== were overlooked
and not included in the ftft EIIL
The plant species include:
• Lanceleaf dudleya
• Hairy fiinge-pod
• Wild kyacimh
• Blue dkft
• Summer star
• Blue-eyed Wass
• scrub 09"
15901 RQd Hill Avc;i1it. Suirt 200, lusr�,n. k*1i:;:
1100('.1eAdoaAvenuC- Pmtkot-,Nc ki, 13
r+vu-vJo-i77 r it)- iu MI UHHEL �F'HDMAhi
James DeStefano
August 6,1997
Page 2
The wildlife species include:
• Western coastal rattlesnake
• Alligator lizard
• Gnatcatchers
Response: The plant species that Commissioner Schad was concerned with are either discussed is
the draft Eat or are common species. The lanceieaf dudleya (Dadleya lameoktal hairy fringe -pod
(Thysm oearpus lacfttiahts), and blue-eyed grass (&S)"wJnwn bellum) are plan[ species that were not
observed onsite. The blooming period for each of these three plant species include the month of May
therefore, the onsite survey that was conducted on May 8, 1996 was during their blooming period. All
three Plant species are common and not sensitive; therefore, if they are located on the project site, the
conclusions in the draft EIR would not be altered.
The wild hyacinth is another name for blue dicks (Dichelostemma capitatum). This plant species was
observed onsite as identified on page 7 of Attachment A in Appendix D of the draft MEL
The reference to the smmmet star plant species is expected to be the common goldeaatar (Blomwria
emcea) which was observed onsite as identified on page 7 of Attachment A in Appendix D of the draft.
EIIL
The scrub oak (Quermcs berberidifolia) was observed onsite and listed on page 5 of Attachment A in
Appendix D of the draft EIR
The three wildlife species that Commimon Schad was concerned with are discussed in the draft E1R. The
western rattlesnake (Crolalkr virus) was not observed on the project site; however, due to the onsite
habitat, this species is expected to occur in moderate numbers over most of the site. This species is listed
on page i 1 of Attaclu nenl A in Appendix D of the draft EIR The southern alligator lizard (Gerrhonotus
mvl/fcarmatus) was also not seen during the onside surveys; however, due to the onsite habitat; this species
is expected to occur in moderate twmbers over most of the site. The southern alligator h4 d is listed on
page 10 of AttachmeM A in Appendix D of the draft EI3L A discussion of the California gaatcatcher is
located on page 4-39 of the draft EM Based on field surveys, it was determined that the habitat on the
project site is trot suitable for the California. gnat teher No patcatchers were observed during the field
surveys.
Comment 2: Commissioner Schad requested that Mexican elderberry be included within the landscape
plan due to its food source.
Response: The Mcd= Clde:berry is one of the native plant species recommended for the hillside
management areas, open spaax~ and fad modification zones as stated in mitigation measure 21 on page 4-
48 in the draft EIR.
CommiasWW Fear
Connnew 1: COmmISSiOnCr Fong fdetred to Regxmw to Comment C6 an page 9 of the Responses to
Comments doCwe=L Since the draft EEFL staves that these are no significant impacts to the CMhW
mariposa * due to this species not being seen during the onside surveys, COMnussiom Fong asked when
the surveys were conducted and were they during the appropriate time.
Response: Tits surveys on the project were conducted on May 8, 1996 and July 31, 1996 as
discussed on patge 2 of the Biological Survey Rarport which is located in Appendix D of the
draft EIIL Blooming for the Catalina mariposa lily Occurs March through May as stated in the third
"UU-VJo-S 77 r 1 G • 11 M I ,J-,HtL -dNHi MHN
P. 04
James DeStrfano
August 6, 1997
Page 3
paragraph on page 4-34 of the draft EIR. As a result, the survey that was oonducted in May was during the
blooming period of the Catalina mariposa lily.
Comment 2: , Commissioner Fong referred to Response to Comment C7 on page 9 of the Responses to
Comments document He astied if the surveys for the Braunion's milkNetch were conducted during the
appropriate time.
The Braunton's mdk-vetch is a peremeial herb, which bloom from March to July. Since
the surveys were conducted in May and July, the surveys were conducted during the blooming period of the
BraumWs milk -vetch
Co mment 3: Commissioner Fong refiemed to Response to C8 ou page 9 of the to
Comments
document. He asked if the wildlife surveys were conducted dunng the appropriate time,
TLe Add surveys were conducted in May and July so that senadve wildlife species that
potentially occur onsite would have been present and identiftle. No se alive wildlife species were
observed during the May and July surveys.
Comment 4: Commissioner Fong refined to Response to Comment C9 on page 9 of the Responses to
Comments document. He noted that the California Depaztment of Parks and Recreation (CDP&M stated
that wildlife impacts would be significant and that the draft EIR stated that the wildlife impacts would not
be signifim% Commissioner Fong asimd who is com=t. Commissioner Fong stated brat the responx in
the Responses to Comments document does not appear to be adequate.
Response: Ile CDP&.R7d omnumnt regarding the proposed project tigniffcandy affecting wildlife
species is based on review of historical literature and the potential for these species to be located on the
project site. Onsite field surveys were not conducted by CDP&R No sensitive wildlife species were
observed during the field surveys conducted in May and July by Michael Bradman Associates.
Comment 5: Commissioner Fong asked if wildlife may have been hiding during our survey and as a
result we did not see some of the sensitive wildlife.
Response: The surveys conducted on the project site were ducting times when sensitive species or
their signs (e.g-, trails, backs, scat, Calls, wogs) are present A determination of presence can be based on
direct observation of species or observations of specific signs.
RESPONSES TO COMMENTS FROM USliWS
The following responses are to the commetm provided in the comment letter in Attachment A
1, The objective of the City is to provide mitigation for habitat removed from the project site: Mitigation
measure 1 on page 4-45 states that native understory plant species shall be included in the walnut
woodland reveptabon program to eusvre the replacement of the ecosystem values and not just trees,
Thezx6m, the program would include scrub nnderstory to atduieve a similar ecosystem.
2 The Biological Resotrccs AQmm+a.+t Report concluded that impacts to wildlife species wcre
determined to be not significant based on the thresholds of significance criteria identi5ed on pages 20
and 21 of Appenchx D in the draft EIR. Since no significant impacts on wildlife species would occur
with the implementation of the proposed project, no mitigation measures ate necessary.
3 The imirect impacts that would result from the implementation of the proposed project are cowed
sigt as stated on pages 4-42 and 4-43 of the Draft EIR. A number of mitigation measures are
nvu—vo—� = _ _o • � 1 �� i �.rHtL rst�Hhf•if-HN � yJ�
James De$tefano
August 6, 1997
Page 4
included in Section 4, 4.4 of the draft EIR to reduce potential indirect impacts to a Ievel that is less than
significant.
The loss of habitat: on the project site is recommended to be replaced as part of the walnut woodland
reveget$liOn program. The program includes the replacement of trees at various ratios depending on
the type of tree and habitat and includes the replacement of the undamny as stated in mitigation
measure 1 on page 4-45 of the &M EIEL
4: The fuel modification zones are located within the proposed grading area as deacnbed on page 21 of
Appendix D of the draft EIR. The existing vegetation that is located within these areas are assumed to
be removed. Please see response to cotmnent 3 regarding the mitigation for the toss of onsite h gxM
7110 Ong of ngetatioa during construction activities on the project site will be monitored by a
biaiogist, approved by the City of Diamond Bar. Mitigation measure 14 on page 4-47 of the draft EIR
is provided ¢ckmS activities are proposed during the breeding season,
5. The zVegetation program will be reviewed and needs to be approved by the City of Diamond Bar prior
to issuanceof a grading permit Thu; program is requa ed to discuss vazcons
P� site. The pry appli= has beers involved with the 'rgUmentotion of t+evegctating qrc and the applicant has collected seeds of native plant species m two adjacent tracts
Program, Ile a mt hat: stated that the onsite rev � them into a collection
o
PPh egesatioa progam will iachz<ie the collectipn of
onsite seeds from native species 17he City will consider the use of onsite seeds as part of the project's
mwegetah= program. If replacement walnuts and oaks and associated habitat can not be fully
implemented on the project sitq an offsite location agreed by the City and the California Department
of Fish and Game shall be designated as stated in mitigation measure 2 on page 4-45 of the draft EX
6. The storage of chemicals within residential neighborhoods is not common. Even though there is a high
potential for residents within the proposed development to have pools constructed an individual lots,
time residents are not expected to purchase and store chemicals onsite to maimtmn then pools. They
are expo ted to contract out for pool services. However, if they do store chemicals onsite, the
residents will be required to comply with the County of Los Angeles Fire Department regulations.
7. This comment is noted- Thee type and size of all fences placed on the project site will be required to be
reviewed aid approved by the City. It is the City's intent to allow wildlife movement within the open
spaces located on the project site (i.e., wrest of the proposed development pads for lots 1-10 and 14,
south of the development pads for lots 10-13, aid south and east of the proposed development pad of
lot 15).
8. This comment is noted An urban nmoff management plan for long tam activities is required as
identified in mitigation measure 2-4 on page 4-17 of the draft EIR
9. The implementation of mitigation measures 20 through 23 out pages 4-48 and 4-49 of the draft EIR
would reduce potential impas caused by exotic teen on native plants and animals.
10. This ooam>cat is noted. Please see response to comment 3 regarding the replaoempst of underswy
habitat as part of the revegetation program.
11. Bated on field surveys, it was detemtinod that the onsite habitat is not suitable for the California
Sher, and therefore, protocol surveys were not recommended. Funhermore, no Califortua
g oatentolters were observed onsm during the field surveys in May and July.
12. Braunton's milk -vetch is a perwttial heat which blooms from March to July and occurs on limestone
soils, especially in disaubed or recently burned areas The project site does not include limestone
HUU-�Jb-l7'_+ lb-'lz� MiCHHEL BPPDMPtJ
• 'Jf
James DeStdano
August 6, 1997
Page 5
soils. The California Department of Parks and Recreation stated that Bratmton's milk --vetch has been
detected growing in other subettates and there are site Tecords within the geopaphical area Basal on
a review of the California Department of Fish and Game's Califorma Natural Diversity Database
(CNDDB) on June 26, 1997, no sitings of the Btaunton's milkvetch have been recorded within the
viczmty of the project site and none coact in the MUM Yorba Linda Quadrangle. Furthermore, the
surveys that were conducted on the project site (May S. 1996 and July 31, 1996) were during the
blooming period of the Bnnuon's milk -vetch and this species was not observed. The Braunton's
milk vetch is not expected to occur on the project site.
The Catalina mariposa lily is a perennial species that has a blooming period from March thmugh May.
The CNDDB lists no historical occurrences for this -species in the immediate prc"d vicinity (within
one mile). The nearest siting of the species was detected by state ecologists in April 1997. This siting
was immediately south of ?owner Canyon and north of Carbon Canyon Road. In addition to no
historical occurrence for this species in the immediate project vicinity, the Catalina mariposa lily was
not observed during the May 0 field survey which was during the ' blooming period. This
species is not expected to occur on the project site.
The many -stemmed duclleya is a low growing perennial that blooms from May through June. This
species is found among rock auto and in openings within sagebrush scntb below 2,000 feet in
elevation. TNs species is restricted to a limited range of substrates such as day or thin, rock soils with
low fertility where competition fica n mm aggressive species is low. Because the project site has a
limited amount of iml ou=ppings and has a dense vegetation oover, the many -stemmed dmdleya is
not expected to occur on the project site. Furthermore, this species was not observed during the May
8th field survey, which was conducted during the species' blooming period.
13. The ikon in the draft ETR is sdequstc for assessing potential significant impacts to the San
Diego horned lizard and the mule deer_ Neither of these species arc a state or federal -listed spears.
As described on page 4-35 of the draft M the San Diego horned lizard is found in open, sandy areas
such as ridgetops and washes within gritniand It is associated with areas where its preferred prey is
harvester ants and is often located by first ide ttif img harvester ant colonies. Since the San Diego
homed lizard is found in open, sandy areand the project site has a dense vegetation cover, which
does not provide suitable habitat for the San Diego hurried lizard, this species is not expected to occur
on the project site. Furthermore, this species was not observed during the onsite field surveys which
were conducted in May and July during the optimal survey period (April - August) for this species.
The mule deer was observed ott the project site as identified on page 20 of Appendix D of the draft
MEL It is recogtmd that. the mule deer is a game species and a species of public interest, however,
this species is not corusrtiared to be a sensitive wildlife species The open space areas located on the
project site, partic irly in the southern portion of the site, would still provide habitat areas for mule
deer. As stated in mitigation measure 23 on page 4-50 of the draft EM, no homing would be allowed
within the ensue open space areas; thereby, minimising potential impacts on mule deer. No
si anificant impacts from project development are expected to oavr on the mane deer.
14. The information in the draft E1R is adegraie in erg potential Sig6ficarit impacts on sensitive
species, such as loggerhead shrike and burrowing owl. The gray fox was observed on the project site
as identified on page 19 of Appendix D of the draft MEL The gray fox is not considered a sensitive
species. The eao , wren and San Bernardino mountain kingsnake were oat discussed in the draft EIR
because the project site does not provide suitable habitat and/or the species are not a state or federal -
fisted species.
As stated on page 4-38 of the draft ER the loggerhead shrike prdm open habitats with scattered
shrubs, trees, posts, fences, or outer perches. Since the project site i acludes very dense vegetation, the
HUU-YJt-17`'(-1b-1.3 i^:(.HHE_ BRADMAN
James DeStcfano
August 6, 1497
Page 6
site would not provide suitable habitat for the loggerhead shrike. There is a low probability for this
species to be located on the project site.
As described on pap 4-37 of the draft EIR, the burrowing owl is tmiilmly to occur in the project area
due to the high density of vegetation and annual discing practice of the tmderstory that destroys
burrows. Furdwrmore, this species was not observed during the field surveys.
The gay fox, cactus Wrenn, and San Benno mwmtain kingsaakc are not state or federal -listed
species and the removal of the onsitc habitat would not substandaiiy diminish the habitat for the
wildlife due to the substantial amount of habitat that is cow within Tonner Canyon. Based on
the thresholds of gP&cance that are listed on page 4-40 of the daft EM, these spocxes would not be
sipfficantly affectod by the development of the proposed project,
Based an a review of the California Department of Fish and Cme CNDDB on June 26, 1997, no
si mP weft recorded of the loggerhead shrilce, burrowing owl, a=n wren, or the San Bernardino
mountain king,make. As toted above, the gray fox was observed during the field surveys_
15. The development of the proposed project or any of the build altematives would result in a similar
amount of grading at the southem portion of the project sit due to existing Aides requiring slope
st If"ion Grading in the western area of the site varies aataag the attanatives and the proposed
proJM The pentad Mod includes revegetahng the graded areas with native habitat Some of the
graded areas will also be part of the regtured fad modification zones, The assessment of wildlife
ootridors is based on,a previous survey conducted for an adjacent reside MW tract in 1995 for the
Revised Draft EIR for Vesting Tentative Tract 47830 and a previous analysis (Phase I Study for
Significant Ecological Area No. is) that was e�nductd by Michael Brno&= Associates for the
County of Los Angeles in May 1991.
16. The cumulative impact analysis on page 4-44 of the draft EIR analyses current related projects in the
project vicinity. The analysis describes that the project would cumulatively contribute to ttte local and
regiozW less of nahaal habitat and associated plants and wildlife. The related projects would aMct
similar habitat as the proposed project. Each of the related projects as well as the proposed project
Mc hales similar mitigation measurcS, The utigation measures inchrde a revegetation program for the
Project site and if oak and walnut trees as well as habitat can not be replaced oasite, there is a provision
to include replacement habitat at an offsite location. The ofisite location would require approval from
the City and the California DeparMent of Fish and Came.
If that are any questwas regarding the rcsponses provided for each of the comments that were received by
the City, please call me.
Sincerely,
MTCHAEL BRANDMAN ASSOCIATES
Michael E. Hotil WMr AICP
Senior Project Manager
wu V V 1 J J i 10 . i l I'I I t-MHCL tSh'HUI'IHf 1
. �-iP
Letter from United States Fish and Wildlife Service
"" :w i � � � � o • 1-. � •:: t�'7Ht� t5h'Hi�I'•IHN
N
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
CuUad Field Office
MO LokcrAvcnae west
Cadgmid. CWomia 02ODS
Ms. Aria. Lungu
Cost=w iity Development Depattment
City of Diamond Bar
21660 East Copley Drive, Suite 190
Diamond Bar, California 91765-4177
Subject: Draft Eavaotintal lwpact Report for Vesting 'tentative Tract Map 50314,
City of Diamond Bar (Los Angeles County, California) (SCH No_ 96071704)
Dear Ms. Ltsnga:
This letter responds to the Draft Environmental Impact Report (DER) for the above
referewed project in the City of Diamond Bar, California. The U.S. Fish and Wildlife
Service (Service) is respoo tiag as a Federal agency that exercises authority over resources
which may be affecwd by the proposed project, pursuant to 115086(a)(3) of the CEQA
Guidelines. The Service is concerned about the pot mial impacts of this project on the
Federally threatowd coastal California gnatcatclser (Polioptila califbmica cctWrrdw)
(gat watcher), endangered Amagalus braraetonu (Braunton's milk vetch), and other wildlife
resources. The gnatcatcber and Braunton's milk vetch are protected under the Federal
Endangered Species Act of 1973, as amended (Act).
Oar comments and recommendations are based on the. Draft Environmental Lnpacr Report
Vesting Temanve Tract Map 50314, SCX No 96071704 City of Diamond Bar, dated April
1997, that was received by the Service on June 17, 1997; a Service tem. dated September 26,
1996, responding to the Notice of Preparation; two letters from the Califorain State
Departrneut of Parks and Recreation to d1e City of Diamond Bar, dated May 30 and June 2,
1997; and other information available to the Service.
Tho proposed project site is located in the Puente -Chino Hills, about two miles south of the
interchange of State Ratter 57 and 60 in ttte City of Diamond Bar, Los Angeles County,
California. The project is UKMed southeast of the most soutBerly intersection of Steeplechase
and Wagon Train Lames_ The southern boundary of the project site abuts Tonner Canyon and
the 5,000 we Boy Scout Reservation, The site is within Significant Ecological Area No. 13,
identified by Los Angeles County. We understand that the preferred alternative consists of
constructing 15 single family homes on a 44 acre site. Two alternative designs differ only in
movement of fill tnaLaw on site.
i t • 14 M 1 chAE;- BPADMAtd � • _ _
Ms. Ann liinzu2
The Puente and Chino Hills coxitain a signific= portion of ft remairung open space in this
area of eastern Los acres of the site Was bccn praviously
graded, the project sit& is basicA4 Umkvdoped ark ccmains primarily Maral plant
communities. The area curready supports California black walnut woodlands'with an
understory of coastal saga scrub, oat woodland, wd otber habitats_ The Smice eatmates that
approxiamly 1,000 acres of CdAurnia black walnut woodland remains. All of these
communities provide valuable habitat for migratory and rwWant birds, roamml , and other
animals and plants. The wildlife value of the habitats at this location is greatly intensified by
the surrounding urbanized eavitmient hrmasing loan of wildlife habitat in this area of
southern California has rtsulted in the extinction, extirpation, or sev= reduefim in the
ranges of many species of plants and animals. Bmm of its biological rewirce values,
location Next to open space in Tomser Canyon, and relative isnlatyon of the Puenm-Chino Hills
from outer natural babirats, the proposed project site is valuable for native wildlife and plants.
Pioiect Im su and Mid�rion
The proposed project would result in the direct loss of about 23.2 acres of walnut woodlands
with a coastal sage scrub understory and 8.9 acres of walnut woodlands without this
understory, for a total impact of 32A acres: A total of 136 walnut and 68 oak trees would be
removed with the ' tioa of the prArted dwnauve. The DEIR identifies the impact
as significant, but mitigated below significai=. Proposed mitigation to vegetation
conuaunities includes walt>Pit and oak tree replacement at unspeciiiod locations with a three
year (walnut) and five. year (oak) monitoring prog,ram. Additional proposed yes consist
of planting native plants along rite project edges, imp1menting CC&R restrictions, and
en&rcenv= of a mandatory canine leach law (stye latter subject to City of Diamnnd Bar
approval). No mitigation is proposed for the loss of the coastal sage scrub understory.
With regard to wildlife, mortality and displacement of wildlife is proposed to be mitigated
solely by a raquin ment to survey for raptorial birds during the ucstiag season. Depending
upon survey results, construction activities may be tempmufly modified during the nesting
period.
The discussion of wildlife and wetland moumes in the DER appears to downplay the impacts
to wildlife nsoum= and Isda the specificity for evaluadug tbo status of plaut and animal
species that ate on site or may be present on. site. The project would eliminate a significant
amount of wildlife use of the area through conversion of natural habitat to urban development,
and the elimination of wildlife movamm through the project site.
nut-rJ0-177 i 10. 1:, i'11l,r1Ht_ ZKHIIMHf! F • 11
W Ann 1? ungu
3
Ourspetif>c comments ad 'ons on the proposed project and.potential impacts to
wildlife and wetlands are as follows:
1. The Sw*.* is Concerned about the approxinntely 44 acres of attic that will be dira*.
eliminated by the proposed project. We agree that the impacts to these babitats
resulting from the proposed project are Adverse and not midgmable. However. the
adverse impacts to tbese natural habitats likely will be far higher than noted in the
DM R due to indkeet effects, such as increased access by humans and exotic predators,
increased numbers of non-native plant and a LWw species. isolation of the natural areas
to the east of the site, AW bet+eased tion of natural habitats in the Pmte-
Chino Hills.
Than native habitats have an irnportant emus to wildlife, espeowiy► Aura an
increasingly urbanized area such as east butt Angeks County. providing
=PMW fOUM and nesting habitat for raptors, mde deer (Adowdew
hemlon s), SMY taus (Umeyon cinemaw ynow), does, and mimosas other
trativc and migratory WRdhfe epodes. These habitats also likely serve as
movMMt C=Mors for wWM in this arcs. The mitigation that has been
proposed for the loss of d.m habitats is mtdequaie. The Service recommends
that tine damage or loss of tits natin babimt be mitigated by ti o permanmt
Protection and managem= of is -kind native habitat of equal or gmeater value in
the Poentae-Mioo HMs at a 2:1 rado. Thu; mitigation should be in -place prior to
the issuance of grading permits.
2. The mean= that will be taken to ==V ad prof acct the areas that would be kR
undeveloped are inadequate and vague. The proposed mitigation for adverse impacts
includes maaata l ckaring of vegetation for fire control, storage of liquid chemicals on
concrete slabs or odwr impermeable suffices, probbitim of hundag, retention of
natural areas outside of the development. =e-of native plant species in landscaping,
10w =03S ty setatM lighting directed away gas natural attics, open ran -barbed wire
used for property foe fencing. and inclusion of information about the wildlife in the
CC&Rs. The Service ncom mends that the following nudgation measures also be
impkmeatod to reduce impacts to the undeveloped areas to a level of kss than
significant_
a- The required fire -Clearance macs should be considered part of the developownt
fboWmt ad mitigated w9h the permanent protection and manage= of
appropAM in kind satsve htbigt of egwd or gMCU wildlife value at a 2.1 ratio
in the Pueooe-Chino Hills. Vegetation clearance should be only undertaken by
Manual emu. CW=ieal and/or n ehanical nwdw& should not be utilized.
Vegetation Clearance should not be undertalzu during the breeding season of
3
0
HUU-Ub-1'=` / lb: 1
Ms. Ann Lurkgu
M I CHAEL BPPDMAN
6 10 •, ir UsAW-)1 . _ _. • • �.• .. .,
• ,. ..: ,.• .. ti • )... .�' ♦ � i • ) ♦ 1. t 1 : t .�I 1, lw,
b. Revegetal:ion in the undeveloped area sbould only udlize weds, wedliap. or
saplinp
1 native1 1:. 'pe .r:. 1 • 1 1• 1: from on-sim
\ 1 c:. , from 11!'
ServicePuente-Chino Wills. A plandn plan sbmW be developed and prewmted to the
c) the pep. tMi...t. .. ' t ad „": for W-Fiew and approval prior
...
cenification of the final Mirornenfal documents.
0. All chemicals should be stored at/ co=ete gabs 1 prevent • 1 1 ♦ t
t. The property line fencing should be conswucted of wood railing and not more
than ftft fftt h*h to egg= the Mvement of yM* doer and other mammals.
:: �J- _�•-t-- ---L l±J-� Is. S; .__ r Al- J 1--w ` -1-fn �;; _ 1..-E
t if -
The proposed project will result is the introduction and/or increased numbers of exotic
plants and animals that likely will. impact, e4mime, or outicompets native species.
These non-native taxa inchule domestic cats and dogs, Argentine ant (tridnmyrn ex
humitis), Norway rat (Rattan norvegicus), black rat (Raitus muus), bouse sparrow
(Passer dorneidw), sgrligg (&VnW Wagaris), and the domestic pigeon (Cduntbo
Livia). The Seal environmental impact documents dKmW ivciude mitigatWn measures
that will control, fta mp. or ci urinate the adverse impacts caused by exotic tm on
native plants and animals_
6. The proposed project will result in the babitat loss to wah= woodland (including coast:
live oak [Que ew agriYMOD ad coastal sage actub. The DEIR proposes to midgate
for the loss or damage of ibm habitats by the reps sting of ate saplings, transplants
of existing troos, or fencing of indivkhW trees, rather than compensation for the loss of
habitat. The Service recommends that the damage or loss of dtese babko be mitigated
by the pernnanem protection and management of in-kmd native habitat of equal or
greater vahze at a 2:1 ratio in the Vet&p or San Rafael Hills. This regWremem could
be included in the , i;o ameadadon to mitigate the overall habitat impact, as listed
above in recommendation ams6er ow- All mitigation should be in -place prior m the
issuance Of grading permits.
1v
ttVU—JO-177( :bo ib MI C.HHt:� 6HHDMPN P. JJ
Ms. Aim Luagu
W
Section 9 of the Act ptobibits the 'talcs` of nay federally listed animal species by any pawn
subj= to tba jurisdiction Of the United States. As defined in the Act, take means '...to
harm• harm, Pam, b1m, shoot, won11d,10, trap, capture, or collect, or attempt to engage
in any such conduct." "Harm' has been fit fdw defined to inchhde habitat destruction when it
lolls or injures it listed spwAn by interfering with essence behavioral pattem such as
breeding, foraging, or resting. Tbus, not only is the coastal California gnatcatnc�r protected
from utivuics such as bunh , but also from select actions that damage or destroy it's habitat.
Removal or destruction of listed plants. such as Brausuon's mills vetch, are prohibited on lands
under Federal jurisdiatio>t; and rmoval, datmge, and desavedon of listed plants m
prohibited on all other lands in bwwiug violation of any State law or regulation. Mw term
Pam is defined as 'an individual, corporation, pattnenWp, trust, association, or any other
Private entity, or any offioec, employee, agent, departa ms, or insotumracality of the Federal
government, of any State, mwaic4olity, or political subdivision of a State, or any other entity
subject to the jurisdiction of the United States.'
Tape incidental to an otherwise lawful activity may be wAotited by one of two procedures.
If a Fedcsahl agency is involved with the permitting, #coding, or carrying out of the project,
them intiation of formal consultation between that agency and the Service pursuant to section 7
of the Act and its impkmeating regulstkms is. required if it is determnined that the proposed
PzOject may affect s federally listed species. Such consultation would result in a biological
opinion that addresses the anticipated effects of dw project to the listed species and may
authorize a limited level of incidental take. If a Federal agency is not involved with the
project, and federally listed species may be tatkea as part of tie project, then an incidental take
petnhit purl m to Section 10(a) of the Act would need to be obuined. The Service may issue
such a permit upon coMPletion of a satisfactory conservation phn for the listed species that
would be affected by the project.
our specific comtmem On the psojaxx cad takrally listed species ate as follows:
i . The Service cow that tbt DIIR (page 4-38) presented hwff mm information to
justify that the dmatened coastal California gnatratcher does not occur at the project
site. Popnlatiow of the coastal California 9Aatcntc W recently have been located m
Moorpark in Ventura County, Sylmar in the City of i.os Angeles, and California State
Polytechnic UnivUsity in Pooiotn and Bonelli Regional County Park in the City of San
Dines. Chven the amount of suitable coastal sage sczub habitat, proximity to known
occupied And bistociwaiy =Upied habitat, as well as the biology of the species, it is
possWe that tbu animal inhabits the project aim and other locations in the Chino Hills.
In oar letter. deed September 26, 1996, we recommended that a Pmvey be conducted.
We continzze to recommend that an adequate survey for gnatcatchers following Service
Protocol W cozrpleted in the project sea by a permitted biologist. Authad=on for
incidental taros of this federally listed animal purso m to sections 7 of 10(a) of the Act,
10.10 !'11! HHt-' tiH.HVMPI a
1rt :.Ill.
if appvFktc, should be obMined prior to =dFwatkm of do final cmdrumnczal
docunm3b,
2. The wwwcd
1 `..• w do may 111 1.r` be If• 1 /rd by 1! At.♦ 1.`w e1 • 1..1♦ i { _:
nulkvctchVsowaha b". •1 : / •.....J 1 •.::ll rrareI ♦.II.L 1 1 . amny4wmmed
briefconclusion tbal dwse species do not occur is bawd on limited field am (i.e., a
M.•r f.. 1 '. 1 recommend II MI 1 dal t:.M `.•. 9" •c 1 s-.:. l♦ ft by a
qualified NoWst be con&rAed and the tomb prmscrad to die Servxe for review and
approval prior o certificatioa •' I 1n envileamental dommmxs.
3. 1 - 11 • iU { • c 1n the iE:' ad 11 DA c: -. a ..r •: •:`awnsing Ill ' t totheSan
Service "art Ilftle ♦\ 1/.. s of adequate:11 ' • •. pr t r ♦ .-:♦ 11 \ 'J 1 t. • Li for
lbew two V- be .1 ♦Y51 . =view
1. Wroval
prim •. to `.:. { .r',It \ r of 1.' final
4. The tnformstion in the DER is inadequate for assessb* impacts to other sensitive
spc=. we recommend that adogoste surveys for proposed species and Specks of
Special C.on= n, especially the cactus wren (Campylowhy=w bnuuw ccr dku),
lo$gerbead shrike (Lau w kudowimm), burrowing owl (Veotyro Mnfad=W). gray 14
fox, and San Bereftw mountain ftmake aanpropeltis z&wa parvinrhria), be
conducted in the project area. The Natural Diversity Database of the California
Departmcat of Fish and Caine should be conmaed for Awler infonmion on these
spaccies. The resell: of adapme surveys and proposed mitigation platy, as approPriam,
dxwId be presented to the Service for review and approval prior to caffcadon of the
final enVk*MnenW doc®ews_
Wildlife Corridors
This discussion (pages 442 and ) should further analyze potential iavacts to
wildlife uu and movement both on dw and in ft adjacent Tonner Canyon. The bp= of the i
preferred alternative is reducing the `buffer" babRat abonld be ford= evaluated. In addition,
appropriate Uterature on wildlife corridors should be referred to fot information.
The DER does not andyw the impact of the project over thne m conjunction with related
put, Present. and reak=bly foreseeable projects whose hqm= might compound or
interrelate with those of the proposed project. Padaant sections, including 115130 of the 16
CEQA Guidelines. should be consulted. The proposed mtpwu to wab wt woodlands, for
"WU-Vj0-s_+:1r tto• l r M1I;HHLL BRADMAtA P. 1c
MS. Ann LuAgu
example, must be a alynd with reference to other projects that propose to impact this habitat
Me.
In summary, the Service concludes that the DEM does not adoquately address direct, indirect,
and cumulative adverse impacts dat likely may occur as a fault of the proposed Vesting
Tentative Tract 50314 on federally listed species, vegetation communities, Species of Special
Concern, wildlife corridors, and ocher wildldc resources. The mitigation weasures proposed
are inadequate to offset these impacts. If the project is not redesigned to mitigate impacts to a
level of less than signifwant and not adversely affrct the conservation of listed species,
babitats, and wildlife corridors, we recommend that the City of Diamond Bar implement the
'Environmentally Superior Ahcroativc' ('No Project Alternative'), as described in the DER.
7
We are Curren ly woriang with jufisd=ons such as tkanga and San Diego Counties that have
coastal sage scrub habitat through the NaWd Comtra mty Coaservitm Program (NCCP).
We arc Iookiag forward to making ourselves available in this area of I.An Angela County to
assist the City of Diamond Bat in the development of a conservation plan for the region that
avoids or minimizes adverse impacts to listed species, rare habitats, wetlands, and other
importam wildlife temurces.
We appremte the oppo majW to review the DER. Please contact Robert James, Pish and
Wildlife Biologist, at the leuerbead address or at 760/431-9440 if you have any questions_
i-b-97 TA 252
cc: CDFG. San Diego, CA (Arm: R. Tippets)
CDFG, Long Beach. CA (Attu: J. Hacandez)
CDFR, Los Lagoa District (Ants G. Hand)
A:W ABARM.W"
TOTAL P.15