Loading...
HomeMy WebLinkAbout07/29/1997C " 1 11 6:00 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 II 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 UKAGENDA.GED Please refrain from smoking, eating or drinking The City of Diamond Bar uses recycled paper in the Auditorium ��9a and encourages you to do the same. CITY OF DIAMOND B' COMMISSIONPLANNING . Tuesday, July 9 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 SecretaU (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: 3.1 Minutes of July 8, 1997 4. OLD BUSINESS: None 5. NEW BUSINESS: None 6. PUBLIC HEARING: 6.1 Draft Development Code (Zoning Code Amendment ZCA 97-1) Continuation of Article VI - Development Code Administration and Article VI - Definitions RECOMMENDATION: It is recommended that the Planning Commission review Articles VI and VII of the Development Code and make an informal recommendation. A formal recommendation will be made at the conclusion of the review process. 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: Preview of Articles III & IV 1 9. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK - July 30, 1997, 6:30 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive - Mid West Coast - Top 40 Contemporary. CITY COUNCIL - August 5, 1997 - 6:30 p.m. - AQMD Auditorium, 21865 E. Copley Drive. PLANNING COMMISSION - August 5, 1997 - 6:00 p.m., AQMD Board Hearing Room, 2186 E. Copley Drive - Special Development Code Meeting CONCERTS IN THE PARK - August 6, 1997, 6:30 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive - Bobby Cochran and the Rock around the Clock Show PLANNING COMMISSION - August 12, 1997 - 6:00 p.m., AQMD Board Hearing Room, 2186 E. Copley Drive - Special Development Code Meeting & Regular Planning Commission Meeting. TRAFFIC & TRANSPORTATION - August 14, 1997 - 7:00 p.m. - AQMD Board Hearing Room, 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 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. PARKS & RECREATION COMMISSION - August 28, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. 10. ADJOURNMENT: Tuesday, August 5, 1997 2 DIAMOND BAR ION MINUTES ° F THE CITY S ING COJU41 ( tj, MEETING OF THE P REGULAR DULY 221 1997 0 5 p • m • at the CALL TO ORDER e meeting to C tor i m�t21865 East _)ley Ch South an guzicka ,lied Y Management pud South coast Di m°na g4 California - Dr ive er Fong - AL LEGIANCE" Commission PLEDGE OFwas led by The Pledge Of A11eg1anCe rman Schad, Vice CYiai ROLL CALL' guzicka� Goldenberg and McManus Chairman ers Fong o Senior Present` Commission er James Des a d n Associate Dep City a Johnson' present. utY Catherine - ,,,so pres Planner Ann Lungu• AUDIENCEIPUBLIC COMMENTS None _ MATTERS FROM THE ENT CALENDAR approve the CONS lnuteS of July Sr 1997• COnded by C/The motion was p approved �-• M motion, se fitted' made a as subm minutesIladSc of JC1Fong bs199 talning 4-0-1 with OLD BUSINE SS: ks Master Plan Update. plan is scheduled - aster Master July 24, 1997. 1• par ano stated the Approval at the If the Plan .is Destef ossibl a on meeting' City Counoil on for/ review aneaP. Commissi d by the es the Plan, and gecr be rev. cil aop or about August parks it will If the City COun approved,be asked► with the City's gust 5, 1997-nnission WI l plan conf Or "s returned to the the planning 97,to f indaoCument weal then September ► 1997 . 19' Plan• Theal approval General for fin City .NEV BUSINESS _ None t 2CA 97-1i (zoningCode Amendmen PUBLIC HEXING• Development Code llcability of Developmeni I. Draft Purpose and APp AdminiStr atiOn Article I• Code DevelOP meot Codes Article VI..Definitl Article VII: JtS:� -'"y 22, 1997 PAGE 2 SP/Johnson presented PLANNING that the Plannin Staff s �OMMISSIUn VII of the g Commission report. Staff recommendation Development reviewand Staff recommends A, formal r o e make Article, I' VI and the conclusion of the review an Ron Pflugrath Process. will be mdemat overview o' AICp, Urban De dio Paul Crawford the Development Code Process. i Presented , AICp s• d an Article , Crawford M 2 of the Develo ultari VC/Schad askedpment Code, & Starr, presente and on Section d room additions. 22.01.030 applies to remo Mr. Crawford respondeddels is a general that under statement Sect' California that des°c.r.ibeS01.030, page T_4 adopt this documentwI the City is what individual This using h authority, pieces of Proper does does not and Chair/Ruzicka Y or projects. Operate on Director asked h will remain in te title Community Undergone a reorganization e document sinceYtha VelOpmeht C/Goldenber CitY has Sect ' g asked for a ion 22.01.040 B. 1., Page I detailed explanat' Mr. Crawford res and I_6, ion of address what happens that this when this codeppsns to projects that Lion is intended County zonin adopted and are in d to operates, and wh t de under wh ch laces the Los pipeline. Years. Subsection happens as the Cit Angeles have been filed Lion E. 1. amendments Occur currently and are with the be bef With applicat1n future subsection determine to ions accordingComplete an amendment that ays that occurs authority accepted as compl to the requirements n ion m Y beAs °rd worded, the (Plannin by the City, effect When ce wsed as etc.) deter g Commission unless t it development it is neces he pment standards to nary to Planning De review to ensure public the pro' aPP1Y new opartment, development. health. 'safety eippeoval, inmorded another This gives the substantial k at the Project City an and orderly and appl issues regardi In the event that y to take appropriate that it raises apprO standar sealth, safet Mr. Crawford °n that basis welfare Commission willebe°nded to VC/Schad regarding tree revleihng sect t a the In presented to t removal ions Planning he Plannin Article III whicrequirements g Commission will be C/Fong asked if at cities. Article I is a future date. standard throughout °they JULY 22, 1997 PAGE 3 PLANNING COMMISSION Mr. Crawford responded that the provisions which refer to State Law are standard. The suggested wording is a compilation of previous work and draft language proposed by staff as a result of the Diamond Bar General Plan. C/Goldenberg asked if the completed Development Code document will be electronically accessible by the general public. DCM/DeStefano responded that a specific component of The Planning and Zoning Alliance's employment by the City was that this document would be designed to be electronically accessible via the Web site. VC/Schad asked if any of the Building Code provisions will be included as part of the Development Code. DCM/DeStefano stated that the City's Building Code regulations are contained within a separate document. The City utilizes the latest version of the State's model codes. DCM/DeStefano stated that as a result of the City's reorganization, a Community Development Director title no longer exists, Staff is working with the City's Attorney to redirect responsibilities to the Deputy City Manager. C/Goldenberg suggested that Section 22.030.020 - Rules of Interpretation, Page I-13, include "or designee" so that A. reads: Authority. The Community Development Director or designee shall have the responsibility and authority - etc." VC/Schad asked about the time frame for Development Code amendments and divisions of responsibility for the City's construction approval process. DCM/DeStefano suggested the Planning Commission consider approval thresholds for various levels within the City. For instance, the Planning Commission may chose to remove certain items from Administrative Development Review process and assume those items for deliberation. Conversely, the Planning Commission may chose to abdicate some of its responsibilities to the Administrative Development Review Hearing Officer. An amendment to the Zoning Ordinance generally requires extensive analysis by staff and at least one public hearing before the Planning Commission and one public hearing before the City Council. The process requires a minimum of 120 days to process with the entire procedure taking closer to nine months to complete. There was no one present who wished to speak on Article I. Bruce Jacobson, Jacobson & Wack, presented Article VI. JULY 22, 1997 PAGE 4 PLANNING COMMISSION DCM/DeStefano recommended the Planning Commission carefully consider the City's lines and levels of authority for projects. A permit type and related decision making authority matrix will be presented to the Commission for review at a future Development Code meeting. VC/Schad asked what happens if a project is approved, construction does not commence as scheduled, and amendments are made to the code which would require changes to the project. Mr. Jacobson responded that the Community Development Director would have the authority to grant reasonable changes. Major changes may be subject to a new permit and public hearing process. Mr. Jacobson explained to C/Fong that this document does not attempt to cover the responsibilities of the city's Building. Official with respect to the issuance of building permits. Chair/Ruzicka stated that the completion of the City's Development Code is compliance with Title 22 and not the city's.entire Municipal Code. Mr. Jacobson concurred with Chair/Ruzicka. Title 22, when adopted, will be referred to as the Diamond Bar Development Code. The document will contain Zoning and Subdivision provisions. C/McManus asked if non -conforming use would apply to historical sites in perpetuity. Mr. Jacobson responded that all sites are protected in perpetuity so long as the owner does not voluntarily cause termination of its use. Mr. Jacobson responded to Chair/Ruzicka that the State has deemed that home care facilities are single family homes. Therefore, in the event of loss, the same structure could be rebuilt. C/Goldenberg asked that the document contain language specifying who is responsible for monitoring deed restricted time limitations. DCM/DeStefano responded that the City maintains a tickler system to monitor time sensitive permit provisions. Currently, information pertaining to properties within the City is maintained in various files within the City offices. At some future time, the information will be coordinated and accessible by parcel number. JULY 22, 1997 PAGE 5 PLANNING COMMISSION C/Goldenberg asked DCM/DeStefano to propose a solution. He asked if permit information should be compiled on a priority basis. DCM/DeStefano indicated the City is currently computerizing the records management portion of its operation. The cost to purchase or create a records management system is prohibitive and has not been the City's priority. DCM/DeStefano recommended the Commission give careful consideration to the public hearing notification process. C/Goldenberg asked if tenants will - be included in the notification process. Mr. Jacobson responded that some communities include renters and tenants in the notification process even though it is not a State minimum requirement. Item D, Page VI-21 gives the Director an opportunity to enhance the notification process in any manner deemed appropriate by virtue of the application being processed. DCM/DeStefano cautioned that "additional notice" is subject to interpretation. The Commission may wish to set more specific parameters. C/Goldenberg asked the Commission to enter into further discussions regarding notification to renters. C/McManus asked if cities have distinguished between public hearing items that effect structures and public hearing items that effect humans. DCM/DeStefano stated he is not aware of any such distinctions. Mr. Crawford stated he is not aware of any such distinctions. However, he encouraged the Commission.to determine whether to codify discuss the matter and "additional notice" or continue to allow the Director to use his discretion. He cautioned the Commission that codification may override discretion by the Director. Chair/Ruzicka stated he favors keeping the Development Code as simple as possible while addressing concerns. Mr. Crawford suggested that if the process requires an Environmental Impact Report the Commission may wish to increase the notification provisions because there may be additional impacts. Chair/Ruzicka asked if Mr. Crawford can suggest how this concern is addressed by other municipalities. JULY 22, 1997 PAGE 6 PLANNING COMMISSION Mr. Crawford stated that several communities automatically notify tenants as well as property owners. He indicated he is not aware of communities imposing a threshold other than a Negative Declaration or an Environmental Impact Report as a reason for increased notification. VC/Schad suggested a matrix be included to address different types of projects and applicable notification. Mr. Crawford suggested the matrix be a department policy directive rather than a part of the Development Code. C/Goldenberg asked staff to prepare its recommendation for Item D. Additional notice on Page VI-21 to be presented at the July 29, 1997 Planning Commission meeting. C/Fong stated he believes the notification radius depends on the project. At a minimum, the abutting property owner should be notified. With respect to installation of antennas, people within site of the project should be notified. A major development such as the SunCal development should involve most of the City. Other variables such as noise impacts and visibility should be considered in the notification process. Chair/Ruzicka asked the Commissioners to consider this item for discussion at the next meeting. Clyde Hennessee asked how Article VI, Page 131 non- conformance due to parking, applies to home additions. Mr. Jacobson responded that this requirement deals with the reuse of an existing building or a change to an existing building. If the building was legally constructed and operated, and no longer meets parking requirements for a new use, if it is a residential use, no change is required as long as the number of dwelling units is not increased. Any changes to a non-residential use would require parking conformance. Thom Pruitt, Pop Warner Football and Cheerleading Association Executive Vice President, stated his organization is interested in the use of public lands within the City and the proposed Development Code. The youth involved in this organization are future Planning Commissioners and administrators of Diamond Bar who will be implementing the adopted Development Code. Chair/Ruzicka indicated the Planning Commission will continue its discussion of Articles I, VI and VII at the July 29, 1997 meeting. RECESS: Chair/Ruzicka recessed the meeting at 8:25 p.m. JULY 22. 1997 PAGE 7 PLANNING COMMISSION RECONVENE: Chair/Ruzicka reconvened the meeting at 8:35 p.m. 2. Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96®1 & deir 97-1 (pursuant to Code Sections Title 21, 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 approve 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 A-2-2 to R-1-20,000 to a zoning of 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 Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu presented staff's report. Staff recommends that the Planning Commission open the public hearing, receive comments on the Draft Environmental Impact Report and project entitlement, and continue the public hearing to August 12, 1997. Michael Houlihan, AICP, Michael Brandman Associates, presented the Draft Environmental Impact Report (DEIR) for Vesting Tentative Tract Map No. 50314 (VTTM 50314). Mr. Houlihan responded to C/McManus that riparian oaks are proposed to be replaced at a minimum 3:1 ratio and upland habitat associated oaks are proposed to be replaced at a minimum of 4:1 ratio. VC/Schad recommended that the Mexican Elderberry, be retained during development because it is a prime food source for the mammal wildlife. He indicated that although it is not mentioned in the DEIR, Hairy Finchpod is found within the tract and because it is scarce and enjoys compatible growth with black walnuts he would like to have it retained within the tract. He said that although he has never seen a Mariposa Lilly in the area, it is a perfect growth setting for the plant. He asked about the 'developer's consideration of scrub oak. He said the report did not mention Crotalus Pacifica or the alligator lizard. He asked if any natcatchers are found in the area. C/Fong referring to the California Parks and Recreation Department letter contained in the DEIR and to Paragraph C7 on Page 9, asked when the survey was conducted and if JULY 22, 1997 PAGE 8 PLANNING COMMISSION it was timed to adequately incorporate all species. He asked if the 9 hours spent by two biologists (see Page 9, C8) was sufficient to adequately conduct the survey. With respect to Page 9, C9, the Parks and Recreation Department has indicated this project will have a significant impact on the flora and fauna in the area. He asked how the Commission should determine whether the State or the consultant's assumptions are correct. He indicated he feels the consultant's comments are not adequate. C/Fong continued referencing the design plans. He asked about accessibility of the hiking trail to the general public and where is the trail head located. The plans indicate a realignment of the Schubarum Trail at the southerly portion of the site. The hiking trail crosses an intermittent stream at the southwest- corner of the site and asked if a culvert will be constructed at that location. At the southeast portion of the site just west of the lift station, the earth structure retention basin appears to be linear and non -conforming to the natural contour of the land. He asked that the structure be altered in the final grading plan to incorporate the natural contour. He referred to Sheet 2 of the proposed Landscape Mitigation Plan indicating there does not appear to be any proposed landscaping or revegetation of the area. He asked that this area be reviewed to be certain that the area is properly revegetated. C/Fong stated it appears that only California black walnuts are proposed to be planted along the slope (Sheet T-2). He asked if scrub oak is proposed to be included with the California black walnut in the area so that the outer slope will be similar to the natural vegetation in the undisturbed areas. Referring to Sheet 2 for the Landscape Mitigation Plan, he suggested including a symbol to indicate Coast Live oak and black walnut because it is difficult to determine what species are included. Tom Leslie, Michael Brandman Associates, stated that the reconnaissance surveys were conducted during the period when the potential sensitive plant species that could be found in the area would be flowering and identifiable. The sensitive species were listed in the flora compendium. The project proponent indicated that any species the Commission felt might be important to be included in a landscape plan would be considered. With respect to the survey hours, there are no standard number of hours per acre. The Fish and Wildlife service that a competent surveyor can look at 80 to 100 acres per day per surveying biologist. This project is less than 50 acres.. He stated he believes that two biologists present on the survey days for nine hours is more than adequate to cover the site. He referred C/Fong to Page 13 of the DEIR, Appendix D Biological Reconnaissance Survey Report. JULY 22, 1997 PAGE 9 PLANNING COMMISSION He indicated the surveys were conducted in May and July during the time when the sensitive species could have been identified if they had been present. C/Fong was excused from the meeting at 9:30 p.m. VC/Schad commended the developer for the propagation programs he. has established to replace vegetation on the site. He said he is not aware of any other developer who has given a project such consideration. Chair/Ruzicka opened the public hearing. Kurt Nelson, Windmill Development, presented an overview of the project and explained how the grading plan for the proposed project will render the area considerably more stable than what currently exists. He also explained how the Master Environmental Impact Report for the site and the tracts immediately adjacent to the proposed project were updated in the Spring of 1995. VC/Schad asked how the proposed project will handle its runoff. Lex Williman, Hunsaker & Associates, responded that pursuant to the mitigation monitoring, this project will incorporate pollution basins similar to those installed on the adjacent tracts. He explained how the basins will function indicating that as a result, nuisance water will not flow into Tonner Canyon. Mr. Williman and Mr. Nelson explained to Chair/Ruzicka how the significant amount of grading contemplated for this project will render the area significantly more stable than it currently exists and how the project will mitigate any possibility 'of future landslides in the area. CE/Wentz reiterated that the area is currently susceptible to landsliding. When the project is completed, it will eliminate those areas that are potential landslide areas. Chair/Ruzicka continued the public hearing to August 12, 1997. PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS: DCM/DeStefano stated that the City Council approved, at its last meeting, Second Reading for the Redevelopment Project Area adoption. The Council approved a 12 month Conditional Use Permit for the Darrin Drive cell site. The Council approved the wireless telecommunications facilities moratorium with directions for staff to craft an ordinance. The Council approved a slurry seal project JULY 22, 1997 PAGE 10 PLANNING COMMISSION for Area 7 (generally the area on both sides of Sunset Crossing Road west of the SR 57. The Council denied the Ranch Festival's request for use of Peterson Park. Staff was directed to work with the Ranch Festival to locate a more suitable site. SCHEDULE OF FUTURE EVENTS: As presented in the agenda with the addition of the August 5, 1997 Planning Commission meeting. ADJOURNMENT: There being no further business to come before the Planning Commission, C/Goldenberg moved, C/McManus seconded, to adjourn the meeting. Chair/Ruzicka adjourned the meeting at 10:10 p.m. to 6:00 p.m. on July 29, 1997 in the South Coast Air Quality Management auditorium. Attest: Joe Ruzicka Chairman Respectfully Submitted, James DeStefano Deputy City Manager CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: CATHERINE JOHNSON, SENIOR PLANNER SUBJECT: DRAFT DEVELOPMENT CODE, ARTICLE III DATE: JULY 25, 1997 Attached for your review is the draft of Article III. As a reminder, review of Articles III and IV will begin on August 5, 1997. The staff report for Article III will be provided to the Commission at Tuesday night's meeting. Attachment ARTICLE III 97 JUL 23 R9 34 Site Planning General Development Standards Chapter 22.xx - General Property Development and Use Standards ..................III-5 22.xx.xxx - Purpose and Applicability .......................................... III-5 22.xx.xxx- Access III-5 ........................................................... 22.xx.xxx - Air Emissions..................................................... III-6 22.xx.xxx - Environmental Resource Protection .................................. III-7 22.xx.xxx - Exterior Lighting III-7 .................................................. 22.xx.xxx - Height Measurement and Height Limit Exceptions ..................... III-8 22.xx.xxx - Open Space for Commercial Projects ................................. III-9 22.xx.xxx - Screening and Buffering ........................................... III-10 22.xx.xxx - Setback Regulations and Exceptions ................................. III-11 22.xx.xxx - Solid Waste/Recyclable Materials Storage ......................... III-14 22.xx.xxx - Undergrounding of Utilities ....................................... III-16 22.xx.xxx - Vibrations....................................................... III-16 Chapter 22.xx - Affordable Housing Incentives/Density Bonus Provisions ........... III-17 22.xx.xxx - Purpose 11I-17 ......................................................... 22.xx.xxx Eligibility for Bonus and Incentives ................................. III-17 - 22.xx.xxx - Types of Bonuses and Incentives Allowed ........................... III-17 22.xx.xxx - Continued Availability ............................................ III-18 22.xx.xxx - Location of Bonus Units III-18 ........................................... 22.xx.xxx - Processing of Bonus Requests ...................................... III-19 Fences, Hedges, and Walls III-20 Chapter 22.xx - ....................................... 22.xx.xxx-Purpose III-20 ......................................................... 22.xx.xxx - Applicability III-20 .................................................... 22.xx.xxx - General Height Limitations ........................................ III-20 22.xx.xxx - Height limitations for Retaining Walls ............................... III-21 22.xx.xxx - Measurement of Fence or Wall Height ............................... III-21 22.xx.xxx - Walls Required Between Different Zoning Districts ................... III-21 22.xx.xxx - Special Wall and Fencing Requirements ............................. III-22 22.xx.xxx - Prohibited Fence Materials ........................................ III-22 22.xx.xxx - Authority to Waive or Modify Requirements ......................... III-23 Chapter 22.xx - Hillside Management ........................................... III-24 22.xx.xxx-Purpose......................................................... III-24 22.xx.xxx - Applicability ..................................... I .............. III-25 22.xx.xxx - Definitions...................................................... III-25 22.xx.xxx - Required Plans and Reports ........................................ III-27 22.xx.xxx - Density......................................................... III-30 22.xx.xxx - Hillside Development Standards and Guidelines ..................... III-31 Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-1 22.xx.xxx - Landform Grading and Revegetation Standards ...................... III-31 22.xx.xxx - Slope Analysis ................................................... III-32 22.xx.xxx- Grading.............................................111-33 22.xx.xxx - Drainage .................................... 11I-36 22.xx.xxx - Access, Trails, and Roadways .......................... III-38 22.xx.xxx - Site Design ........................................ ............ III-39 22.xx.xxx - Architecture ............................................ III-40 22.xx.xxx - Fences and Landscaping ............................... 111-41 22.xx.xxx - Fire protection standards .............................. III-43 22.xx.xxx - Evaluation of Development Review Application ...................... JII-43 Chapter 22.xx - Landscaping Standards .......................................... III-45 22.xx.xxx-Purpose......................................................... 22.xx.xxx - Applicability ...................................... HI-45 22.xx.xxx - Landscape Plan Requirements 111-46 22.xx.xxx - Landscape Area Requirements ................................. III-46 22.xx.xxx - Landscape Standards..............................III-47 22.xx.xxx - Waiver of Requirements ........................................... III-50 Chapter 22.xx - Water Efficient Landscape Standards ............................ .. III-51 22.xx.xxx - Definitions .............. ...................................... III-51 22.xx.xxx - Applicability ................................... III-52 22.xx.xxx - Landscape Documentation III-53 22.xx.xxx - Elements of Landscape Documentation Package ....... III-53 22.xx.xxx - Water Efficient Landscape Criteria .................................. III-56 22.xx.xxx - Existing Landscapes.............................III-58 22.xx.xxx - Public Education ................................................. III-59 Chapter22.xx - Noise Control .................................................. III-60 22.xx.xxx-Purpose......................................... ................ III-60 22.xx.xxx - Declaration of Policy ............................. III-60 22.xx.xxx - Definitions ........................................ I11-60 22.xx.xxx - Enforcement of Regulations ........................................ III-62 22.xx.xxx - Initial Violations................................III-62 22.xx.xxx - Activities Exempt from Regulations ................................. III-62 22.xx.xxx - Decibel Measurement . HI-63 22.xx.xxx - Noise Zones Designated ............................ III-63 22.xx.xxx - Exterior Noise Standards ............................ III-63 22.xx.xxx - Interior Noise Standards for Residential Uses IH-65 22.xx.xxx - Correction for Certain Types of Sounds .............................. 111-66 22.xx.xxx - Measurement Methods............................III-66 22.xx.xxx - Acts Deemed Violations of Chapter ................................. III-67 22.xx.xxx - Delay in Compliance ............................................. III-71 Chapter 22.xx - Off -Street Parking and Loading Standards ........................ III-72 22.xx.xxx-Purpose . ...................................................... III-72 22.xx.xxx - Applicability ....................................... III-72 22.xx.xxx - General Parking Regulations ....................... III-72 22.xx.xxx - Number of Parking Spaces Required ................................ I11-73 22.xx.xxx - Reduction of Off -Street Parking Requirements for Shared Use .......... III-81 22.xx.xxx - Disabled/Handicapped Parking Requirements ....................... III-81 22.xx.xxx - Development Standards for Off -Street Parking ....................... 1II-82 Diamond Bar Development Code Article III -Site Planning Administrative Draft - July 1997 III2 22.xx.xxx - Driveways and Site Access ........................................ III-88 22.xx.xxx - Bicycle Parking .................................................. III-89 22.xx.xxx - Off -Street Loading Space Requirements ............................. III-90 Chapter 22.xx - Planned Development Standards ................................. III-93 22.xx.xxx-Purpose......................................................... III-93 22.xx.xxx - Applicability.................................................... III-93 22.xx.xxx - Development Standards ........................................... III-93 Chapter 22.xx - Property Maintenance Standards ................................. III-95 22.xx.xxx-Purpose......................................................... III-95 22.xx.xxx - Applicability.................................................... III-95 22.xx.xxx- Definitions...................................................... III-95 22.xx.xxx - Single-family Standards ........................................... III-95 22.xx.xxx - Multi -family Standards ........................................... III-96 22.xx.xxx - Commercial Standards ............................................ III-98 22.xx.xxx- Industrial Standards .............................................. III-99 22.xx.xxx - Abatement Procedures ........................................... III-100 Chapter 22.xx - Sign Standards ................................................ III-106 22.xx.xxx-Purpose........................................................ III-106 22.xx.xxx - Applicability................................................... III-106 22.xx.xxx - Definitions..................................................... III-107 22.xx.xxx - General Provisions for All Signs ................................... III-111 22.xx.xxx - Sign Permits .................................................... III-113 22.xx.xxx - Exemptions From Sign Permits .................................... III-113 22.xx.xxx - Comprehensive Sign Program ..................................... III-116 22.xx.xxx - Sign Design Guidelines .......................................... III-117 22.xx.xxx - Prohibited Signs ................................................. III-117 22.xx.xxx - Nonconforming Signs ............................................ III-119 22.xx.xxx - Abandoned Signs ............................................... III-120 22.xx.xxx - Standards for Specific Types of Signs ............................... III-120 22.xx.xxx - Sign Standards by Zoning District ................................. III-124 Chapter 22.xx - Tree Preservation and Protection ................................. III-129 22.xx.xxx - Applicability ............................... I ................... III-129 22.xx.xxx- Definitions ..................................................... III-129 22.xx.xxx - Protected Trees ................................................. III-131 22.xx.xxx - Damaging Protected Trees Prohibited .............................. III-131 22.xx.xxx - Tree Removal Permit or Tree Pruning Permit Required ............... III-131 22.xx.xxx - Exemptions..................................................... III-131 22.xx.xxx - Tree Removal in Conjunction with a Discretionary Permit ............ III-132 22.xx.xxx - Application Submittal Requirements ...............................III-132 22.xx.xxx - Action on Application ........................................... III-132 22.xx.xxx - Conditions of Approval .......................................... III-132 22.xx.xxx - Findings for Approval ........................................... III-133 22.xx.xxx-Tagging........................................................ III-133 22.xx.xxx - Tree Replacement/Relocation Standards ........................... III-133 22.xx.xxx - Tree Protection Requirements ..................................... III-134 22.xx.xxx - Post Decision Procedures ......................................... III-135 22.xx.xxx - Tree Replacement Fund .......................................... III-136 Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-3 Chapter 22.xx - Transportation Demand Management ............................ III-137 22.xx.xxx-Purpose........................................................ III-137 22.xx.xxx- Definitions..................................................... III-137 22.xx.xxx - Applicability ................................. I ................. III-138 22.xx.xxx - Transportation Demand Management Program Requirements ......... III-139 22.xx.xxx - Miscellaneous Optional Measures ................................. III-141 22.xx.xxx- Monitoring..................................................... III-141 Chapter 22.xx - Standards for Specific Land Uses ................................ III-142 22.xx.xxx - Purpose and Applicability ........................................ III-142 22.xx.xxx - Adult Entertainment Businesses ................................... III-142 22.xx.xxx - Animals as Pets ................................................. III-146 22.xx.xxx - Child Day -Care Facilities ......................................... III-147 22.xx.xxx - Drive -In and Drive -Through Facilities .............................. III-149 22.xx.xxx- Guest Houses ................................................... III-150 22.xx.xxx - Home -Based Businesses .......................................... 11I-151 22.xx.xxx - Outdoor Display and Sales Standards .............................. III-153 22.xx.xxx - Outdoor Storage or Work Activities ................................ III-156 22.xx.xxx - Recycling Facilities .............................................. III-157 22.xx.xxx - Residential Accessory Uses and Structures .......................... III-161 22.xx.xxx - Secondary Housing Units ......................................... III-165 22.xx.xxx - Telecommunications Facilities .................................... III-166 Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-4 CHAPTER 22.xx - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS Sections: 22.xx.xxx - Purpose and Applicability 22.xx.xxx - Access 22.xx.xxx - Air Emissions 22.xx.xxx - Environmental Resources Protection 22.xx.xxx - Exterior Lighting 22.xx.xxx - Height Measurement and Height Limit Exceptions 22.xx.xxx - Pedestrian Open Space Incentives 22.xx.xxx - Screening and Buffering 22.xx.xxx - Setback Regulations and Exceptions 22.xx.xxx - Solid Waste/Recyclable Materials Storage 22.xx.xxx - Undergrounding of Utilities 22.xx.xxx - Vibrations 22.xx.xxx - Purpose and Applicability A. Purpose. The purpose of this Chapter is to ensure that new or modified uses and development produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. B. Applicability. The standards of this Chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this Chapter. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards. All new or modified structures and uses shall conform with the standards of this Chapter as determined applicable by the Director, except as specified in 22.xx (Nonconforming Uses, Structures and Parcels). 22.xx.xxx - Access Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road or a private street or road, conforming to adopted City standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Any parcel located on a private street or road which was legally established prior to the effective date of this Development Code, is exempt from the required compliance with the latest adopted City standards for private streets or roads. Access driveways shall be provided as required in compliance with 22.xx (Off -Street Parking and Loading Standards) and shall not be longer than necessary. Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-5 General Property Development and Use Standards 22.xx 22aoc.xoc - Air Emissions A. Dust and dirt emissions. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following: 1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading; 2. Operations during high winds. Clearing, earth -moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective; 3. Area of disturbance. The area disturbed by clearing, demolition, earth -moving, excavation operations, or grading shall be the minimum required to implement the allowed use; 4. Dust control. During clearing, demolition, earth -moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust -preventive measures (e.g., hydroseeding, etc.), subject to the approval of the Building Official and City Engineer; a. Material(s) excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage of the disturbed area, shall occur at least twice daily preferably in the late morning and after work is done for the day. Reclaimed water shall be used when available. b. Material(s) transported off -site shall not be loaded higher than six inches below the top of the trailer and either sufficiently watered with reclaimed water when available, or securely covered to prevent dust. 5. On -site roads. On -site roads shall be paved as soon as feasible, watered periodically with reclaimed water, or stabilized in an environmentally safe manner; 6. Revegetation. Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and 7. Fencing. Appropriate fences or other means may be required by the Director to contain dust and dirt within the parcel. B. Odor emissions. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, vapors, etc.) shall comply with SCAQMD's Rules and Regulations, including Rule 402 which prohibits the formation of an odor nuisance. C. Exhaust emissions. The South Coast Air Quality Management District (SCAQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality Handbook. If emissions on any individual day/quarter exceed threshold levels, project construction Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-6 22.xx General Property Development and Use Standards emissions should be considered significant, although the determination of significance rests with the local agency (City of San Bernardino). Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities (including fugitive dust) exceed daily or quarterly significance thresholds, the project applicant shall coordinate with the SCAQMD to determine the appropriate mitigation measures to minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD Rules and Regulations pertaining to construction emissions (i.e., Rule 403 as amended). 22.xx.xxx - Environmental Resource Protection Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code Section 21,000 et seq), City and General Plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards. 22.xx.xxx - Exterior Lighting A. Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Generally, pole -mounted fixtures shall be low in height to eliminate light spillage beyond the project's boundaries. B. Intensity. The level of parking lot light projected onto any ground or wall surface shall not be less than two footcandles nor more than five footcandles at the base of the light fixture. Pedestrian walkways, plazas, and courts shall have a light level at the ground surface of one footcandle. The electrical plan or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this Subsection. Building - mounted decorative lights shall not exceed five footcandles measured five feet from the light source. C. Security lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles at the ground level of the entrance. D. Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting. E. Recreational court lighting. The following standards shall apply to the lighting of outdoor recreational courts: 1. Light fixtures shall be located closer than 10 feet to the nearest property line. Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-7 General Property Development and Use Standards 22.xx 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3. Light fixtures shall be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one foot-candle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. 7. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. 8. In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark -colored coating. 9. Provisions of this Subsection may be waived or modified through the approval of a Minor Conditional Use Permit in compliance with 22.xx. 22.xx.xxx - Height Measurement and Height Limit Exceptions All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with 22.xx (Fences, Hedges, and Walls). A. Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in Article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured as the vertical distance from the average finished grade to an imaginary plane located the allowed number of feet above and parallel to the average finished grade. Structures in hillside areas shall comply with the height regulations provided in Section 22.xx.xxx (Architecture). B. Exceptions to height limits. Exceptions to the height limits for nonresidential structures shall apply in the following manner: 1. Elevator penthouses and lofts. Roof mounted structures for the housing of elevators, lofts, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the allowed height shall not exceed 25 percent of the total roof area of the main structure. Additional height or area may be allowed subject to the approval of a Minor Conditional Use Permit in compliance with 22.xx. 2. Chimneys, spires, towers, etc. Chimneys, cupolas, domes, flag poles, gables,' spires, towers, and similar structures may exceed the height limit established for the applicable Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-8 General Property Development and Use Standards 22.xx zoning district, up to a maximum of 20 feet. Additional height may be allowed subject to the approval of a Minor Conditional Use Permit in compliance with 22.xx. 22.xx.xxx - Open Space for Commercial Projects This Section provides requirements and incentives for the provision of pedestrian -oriented open spaces and amenities for newly developed or redeveloped commercial centers throughout the City. The intent is to make the pedestrian environment more pleasant through the provision of public open spaces, plazas, courtyards, outdoor dining and seating areas, and associated amenities, including public art where appropriate. A. Open space required. Multi -tenant commercial centers one acre in size and larger shall provide a minimum of 0.01 percent of the total land area of the center as useable pedestrian - oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels. Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The City may offer incentives in compliance with Subsection C., below. B. Standards for Open Space Development. To qualify as useable pedestrian -oriented open space, an area shall meet the following requirements: 1. Pedestrian open space areas shall be designed as an integral part of the overall project and shall specifically relate to the main circulation patterns) within the project. Leftover pieces of the site that are not related to the primary pedestrian circulation system shall not be counted as qualified open space areas; 2. The minimum area of a required open space area shall be 100 square feet of hardscape material. The minimum dimension of an open space area shall be 10 feet in any direction. Outdoor dining areas may have a minimum dimension of six feet. The Director may approve areas with less than the minimum dimension for projects less than three acres. 3. Areas shall be open to the sky except for shade trellises and roof overhangs. Glass - enclosed sun rooms or similar structures may qualify if located adjacent to a pedestrian sidewalk and the facility is readily available to the general public; 4. Open space areas shall be oriented to the main pedestrian circulation network and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also strongly encouraged; 5. Areas provided primarily for walkways or for the sole use of employees (e.g., lunch patios or entrance lobbies) shall not be counted as qualified open space areas; and 6. Qualified pedestrian open space areas shall be located at ground level to a maximum of three feet above finished grade. Open space areas shall be easily accessible to the Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-9 General Property Development and Use Standards 22.xx general public during normal business hours and shall be barrier free for handicapped access. - C. Open space bonuses. Development incentive bonuses to encourage pedestrian open spaces that exceed the above requirements and the provision of public art may be availableat the discretion of the City. The types of bonus incentives that may be available to eligible projects include; 1. Increase in maximum structure height; 2. Increase in maximum lot coverage; 3. Increase in floor area ratio; 4. Reduction in landscaping requirements; and/or 5. Reduction in front setback to accommodate pedestrian open space amenities. 22.xx.xxx - Screening and Buffering This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas. Multi -family and nonresidential land uses shall comply with the requirements of this Section A. Screening between different land uses. An opaque screen consisting of plant material and a masonry wall six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district. Pedestrian access gates may be provided between the commercial properties and abutting common open area within residential developments. The wall shall be architecturally treated on both sides, subject to the approval of the Director, or the Hearing Officer, if part of a project review. B. Mechanical equipment. Roof or ground mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights -of -way and abutting area(s) zoned for residential or open space uses. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the Director. The screening design/construction shall be subject to the approval of the Director, or the Hearing Officer, if part of a project review, and shall blend with the design of the structure(s) and include appropriately installed and maintained landscaping when on the ground; C. Outdoor storage and work yards. Uses with outdoor storage of materials, or operations shall comply with the following: 1. Outside uses shall have a solid sight -obscuring wall not less than six feet, or more than seven feet, in height, of a type and design approved in advance of construction by the Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-10 General Property Development and Use Standards 22.xx Director, or the Hearing Officer, if part of a project review. The wall shall include sight - obscuring gates. The wall and gate(s) shall be maintained to continuously conform to the conditions of the Director or Hearing Officer; 2. Site operations in conjunction with the outdoor uses, including but not limited to, the loading and unloading of materials and equipment, shall be conducted entirely within a walled area; D. Outdoor building and garden supply areas. Outdoor building and garden supply areas shall be screened with walls, fencing, landscaping, or similar material to minimize visibility of the storage area; and E. Parking areas abutting public streets and rights -of -way. An opaque screen shall be installed along parking areas abutting public streets and rights -of -way. The screening shall have a total height of not less than 30 inches and not more than 42 inches. However, where the finished elevation of the parking area is lower at the boundary line than the abutting property elevation, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this Subsection. The opaque screen shall consist of one, or a combination, of the following: 1. Landscaped berm. A berm constructed of earthen materials and landscaped to form an opaque screen; 2. Fences. A solid fence constructed of wood, or other materials to form an opaque screen; and/or 3. Walls, including retaining walls. A wall of concrete, block, stone, brick, tile or other similar type of solid masonry material. 22.xx.xxx - Setback Regulations and Exceptions This Section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation. A. Setback requirements. All structures shall conform with the setback requirements established for each zoning district by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this Section. B. Measurement of setbacks. Setbacks shall be measured as follows. 1. Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of.tle wall of the structure, except as follows: Diamond Bar Development Code Article III -Site Planning III-11 Administrative Draft - July 1997 General Property Development and Use Standards 22.xx a. Corner parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future right-of-way line is officially established, required yards shall be measured from the established line(s); b. Flag lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way. 2. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards. 3. Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street. 4. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except: a. The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street right-of-way. However, if an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of- way line; and b. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance form the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. 5. Nonparallel lot lines. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear yard along the line, may be averaged; provided that the resulting side yard shall not be less than three feet in width, and the rear yard shall not be less than 10 feet in depth, at any point. D. Allowed projections into setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side and rear yard setbacks, only as follows: 1. Chimneys/fireplaces. A chimney/fireplace, up to eight feet in width, may extend 30 inches into a required setback, but no closer than three feet to a side or rear property line. 2. Canopies, cornices, eaves and roof overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, Diamond Bar Development Code Administrative Draft - July 1997 Article III - Site Plat, III General Property Development and Use Standards 22.xx cornices, eaves and solar devices, which do not increase the floor area enclosed by the structure, may extend into required yards as follows: a. Front yard setback: Up to three feet into the required front yard; b. Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; and c. Rear yard setback: Up to five feet into the required rear yard. 3. Porches and stairways. The following standards shall apply to porches and stairways: a. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure; and b. Stairways. Outside stairways and landings, that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows: 1) Front yard setback: Up to six feet into a required front yard; 2) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; 3) Rear yard setback: Up to six feet into a required rear yard. 4. Setback requirements for specific structures: a. Dwelling groups. An inner court providing access to a dwelling group (constructed and located face-to-face) shall provide a minimum width of 15 feet between rows for single -story structures with an additional five feet of width for each additional floor above the first floor. b. Planters. Planter boxes and masonry planters shall be allowed in all required setbacks not to exceed a height of 42 inches. c. Swimming pools and spas. Swimming pools and spas are allowed in side and rear setbacks provided they are not closer than five feet to any property line. d. Guard railings. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided: 1) That an open-work railing or fence is used; and 2) That the height of the railing or fence does not exceed 42 inches. e. Drives, walkways, and decks. Driveways, walkways, patio slabs, and wooden decks shall be allowed in required setbacks provided they do not exceed one foot Diamond Bar Development Code Article III -Site Planning III-13 Administrative Draft - July 1997 General Property Development and Use Standards 22.xx above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property. f. Equipment. Ground -mounted equipment (e.g., air conditioners, swimming pool pumps, heaters, filters, and fans, etc.) Shall be allowed in required side or rear setbacks, provided: 1) The equipment is not located closer than 42 inches to a lot line; and 2) The equipment does not exceed a height of six feet measured from the finished grade at the base of the unit. g. Retaining walls. I. Walls up to 42 inches. Retaining walls up to 42 inches in height are exempt from setback requirements. 2. Up to six feet. Retaining walls up to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel; and 22.aa.xxx - Solid Waste/Recyclable Materials Storage This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). A. Multi -family projects. Multi -family residential projects with five or more dwelling units, shall provide solid waste and recyclable material storage areas in the following manner: 1. Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material; and 2. Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multi -family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet. Diamond Bar Development Code Administrative Draft - July 1997 Article III - Site Plat, III-� General Property Development and Use Standards TABLE 3-XX - MULTI -FAMILY DEVELOPMENT MINIMUM STORAGE AREAS REQUIRED (SQ.FT.) Number of Dwellings Solid Waste Rec clables Total Area -] 2-6 12 12 24 7-15 24 24 48 16-25 48 48 96 26-50 96 96 192 51-75 144 144 288 76-100 192 192 384 101-125 240 240 480 126-150 288 288 576 151-175 322 322 672 176-200 384 384 768 201+ Each additional 25 dwellings shall require an additional 100 sq.ft. for solid waste and 100 s .ft. for ecyclables. 22.xx B. Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas. The following are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet. TABLE 3-XX NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ.FT) Building Floor Area (sq.ft.) islid Waste Rec clables Total Area 0-5,000 12 12 24 5,001-10,000 24 24 48 10,001-25,000 48 48 96 25,001-50,000 96 96 192 50,001-75,000 144 1 144 288 75,001-100,000 192 1 192 384 100,001+ Every additional 25,000 sq.ft. shall require an additional 48 sq.ft. for solid waste and 48 sq.ft. for recyclables. C. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner: 1. Solid waste and recyclable material storage shall be adjacent/combined with one another. They shall be located inside a specially -designated structure, on the outside of Diamond Bar Development Code Article III - Site Planning Administrative Draft - July 1997 III-15 General Property Development and Use Standards 22.xx a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking area, landscaped or open space area or area(s) required by the Municipal Code to be maintained as unencumbered. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the Director. 2. Storage area(s) shall be accessible to residents and employees. Storage areas within multi -family residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve; and 3. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley. D. Design and construction. The design and construction of the storage area(s) shall: 1. Be compatible with the surrounding structures and land uses; 2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials; 3. Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers, 4. Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and 5. The storage area(s) shall be appropriately located and screened from view on at least three sides. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the Director. 22.xx.xxx - Undergrounding of Utilities All on -site electric and telephone facilities, fire alarm conduits, lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground at the time of development. Projects located within approved underground utility districts shall be subject to the requirements of chapter 13.04 of the Municipal Code. 22.xx.xxx - Vibrations The owner of a use that generates vibrations at levels that constitute a nuisance, in compliance with State law (Civil Code Sections 3479-3503), shall abate the nuisance. If the nuisance is not abated in a timely manner, the City will abate the nuisance in compliance with Section 15.00.2830 of the Municipal Code. Diamond Bar Development Code Article III - Site Plan Administrative Draft - July 1997 III-.k