HomeMy WebLinkAbout09/13/2016 PC AgendaCITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, September 13, 2016
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PLEDGE OF ALLEGIANCE:
Next Resolution No. 2016-23
1. ROLL CALL: COMMISSIONERS: Naila Barlas, Frank Farago, Ken Mok,
Vice Chairperson Raymond Wolfe, Chairperson Jennifer "Fred" Mahlke
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 j u risd iction, 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. APPROVAL OF AGENDA: Chairperson
4. 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:
4.1 Minutes of the City Of Diamond Bar Special General Plan Update Kickoff Joint
Meeting of the City Council and Planning Commission: August 10, 2016
4.2 Minutes of Regular Meeting: July 26, 2016
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1 Development Code Amendment No. PL2015-205 - Under the authority of Diamond
Bar Municipal Code Section 22.70, the City of Diamond Bar proposes to amend
certain sections of the Development Code in order to establish massage regulations
and requirements consistent with Assembly Bill 1147, as well as revise the land use
provisions for tattoo parlors to be consistent with recent case law. The project
includes a request to amend the following sections of Title 22 of the Diamond Bar
Municipal Code ("Development Code"): 22.10.030, 22.30.040, 22.42,020, and
22.80.020.
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Project Address: Citywide
Applicant: City of Diamond Bar
Environmental Determination: The City has determined that the proposed
Development Code Amendment is not subject to the California Environmental
Quality Act ("CEQA") because it can be seen with certainty that the proposed
Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of
the CEQA Guidelines) and this Ordinance is covered by the general rule that
CEQA applies only to projects that have the potential for causing a significant
effect on the environment (Section 15061(b)(3) of the CEQA Guidelines) and
does not apply to organizational or administrative activities of governments that
will not result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines). The proposed Development
Code Amendment merely limits the zoning districts in the City in which massage
establishments and tattoo parlors may be located and establishes permitting
requirements for these uses, but does not expand the areas in the City in which
such uses may be established. The changes provide the City with the authority
to better regulate these businesses, and the regulatory changes will not create
any environmental impact. Therefore, no further environmental review is
required.
Recommendation: Staff recommends
Resolution recommending approval
No. PL2015-205 to the City Council.
that the Planning Commission adopt a
of Development Code Amendment
PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects
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CITY COUNCIL MEETING:
PARK AND RECREATION
COMMISSION MEETING:
Tuesday, September 20, 2016 — 6:30 p.m.
South Coast Air Quality Management
District Auditorium, 21825 Copley Drive
Thursday, September 22, 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
SEPTEMBER 13, 2016 PAGE 3 PLANNING COMMISSION AGENDA
PLANNING COMMISSION
MEETING:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
11. ADJOURNMENT:
Tuesday, September 27, 2016, 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
Thursday, October 13, 2016, 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
SPECIAL GENERAL PLAN UPDATE KICKOFF
JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
AUGUST 10, 2016
CALL TO ORDER: Mayor Lyons called the Special Joint Meeting of the City
Council and Planning Commission to order at 6:06 p.m. in the City Hall Windmill
Community Room, 21810 Copley Drive, Diamond Bar, CA 91765
ROLL CALL: Council Members: Carol Herrera, Steve Tye,
Mayor Pro Tern Jimmy Lin and Mayor Nancy Lyons.
Absent: Council Member Ruth Low was excused.
Commissioners Naila Barlas, Frank Farago, Ken Mok, Vice Chair Raymond
Wolfe, and Chair Jennifer "Fred" Mahlke
Also present: James DeStefano, City Manager; Greg Gubman, Community
Development Director; David DeBerry, City Attorney; Grace Lee, Senior Planner;
David Liu, Public Works Director; Anthony Santos, Asst. to City Manager; Marsha
Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator;
Alfredo Estevez, Help Desk Support Technician; and Tommye Cribbins, City Clerk.
Consultants present: Sophie Martin, Project Manager and Eric Simundza,
Dyett & Bhatia, Urban and Regional Planners
2. GENERAL PLAN KICKOFF MEETING —
CDD/Gubman thanked everyone for attending tonight's meeting and for their
support as the City embarks on this once -in -a -generation opportunity to help shape
the community moving forward. The General Plan Update is something that the
City must do at some point with the rule of thumb being 20-25 years for embarking
on an update of the General Plan. To kick off the process, staff is bringing together
the two most important advisory and decision-making bodies of the City to provide a
roadmap I for the process and get into some depth about the tasks that will be
undertaken, what can be expected, and what the roles will be for the City Council
and Planning Commission directly and indirectly as this matter moves forward.
CDD/Gubman turned the meeting over to Sophie Martin and her consulting team
from Dyett & Bhatia, Urban and Regional Planners, San Francisco, to lead the
discussion.
AUGUST 10, 2016
PAGE 2 GENERAL PLAN JOINT MEETING
Sophie Martin, Project Manager, said she was pleased to be at tonight's meeting
and excited to get this project underway. She introduced Eric Simundza, an
associate who will be working on this project with her.
Ms. Martin explained that her purpose in being present this evening and kicking this
project off with both the Planning Commission and City Council this evening is two-
fold: 1) she wants to make sure that everyone present has a solid understanding of
what the General Plan is, what the process is, and why it is being done; and 2) to
hear directly from the Commissioners and Council Members about their ideas,
priorities, what staff and consultants' focus should be and what they believe is
important for someone coming to Diamond Bar for the first time to know and how
the effort should be focused to begin this very important process of updating the
General Plan.
Ms. Martin stated that tonight's agenda will focus on an overview of the Project
Purpose and Process, the Roles of the Planning Commission and the City Council
as well as, the role of the General Plan Advisory Committee (GPAC) which the City
Council will be appointing. In addition, there will be a discussion that will include
questions from the Commission and Council and sharing of ideas and thoughts.
A General Plan is something she believes is fun and something participants get to
do. It is a long-range plan that is often referred to as a city's "Constitution for local
development" and charts a course for growth and change. This document is
creating a policy framework and a vision with policies that support that vision of what
Diamond Bar will be over the next 20 years or so — how will it grow, how will it
develop, how will it sustain and maintain itself. It is important that the document
reflect the vision of the community and outlines a set of goals, objectives and
policies in order to get there.
It is true that the state requires that cities do this and every city in California has to
maintain !a general plan and there are certain requirements that go along with
maintaining a general plan. It must be comprehensive — it needs to address the
entire city, sphere of influence, and any additional surrounding area that "bears
relation" to its planning. The general plan also needs to address a full range of
issues affecting Diamond Bar's physical development from land use to
transportation, to provision of services, conservation, etc. Another important
requirement is that the document is internally consistent. Since the document is
touching so many different areas it needs to be consistent between those different
subject areas as well. All of the policies, the analysis, diagrams, etc., need to be
integrated and not conflict with one another.
The General Plan is implemented vertically, meaning one can think about the
General Plan as being a sort of "umbrella" document under which many other
actions the City takes will follow such as specific plans; master plans for certain
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PAGE 3 GENERAL PLAN JOINT MEETING
areas that come under the general plan umbrella and lend more specificity to those
areas and the zoning ordinance which is one of the primary regulatory tools for
implementing the general plan. The general plan sets forth a vision and general
designations for land throughout the City but what that actually means on the
ground for development projects is determined by the zoning ordinance. The
zoning ordinance needs to be, by law, consistent with the general plan. What the
City may end up doing after this General Plan Update is complete is update the
City's Zoning Ordinance to match what has been done in the General Plan.
Similarly, any additional Design Standards and Guidelines that might accompany
the Zoning Ordinance, to provide an additional level of detail or guidance to achieve
that vision and make sure that the development that is coming into the City is of a
quality the City desires, ultimately needs to be consistent with the documents
immediately above it, but also with that vision of the general plan.
Ultimately, this process will produce both a General Plan, as well as an
accompanying Environment Impact Report (EIR) pursuant to California
Environmental Quality Act (CEQA). The team will be preparing what is called a
"program level” EIR that accompanies the General Plan meaning that rather than
having an EIR that covers the environmental impacts of one particular development
project, the EIR for the General Plan takes a slightly broader view and considers
everything within the Plan to be one big package of potential actions and projects
and evaluates their impacts collectively. While it will not go into quite as much detail
as an EIR would on a specific project, it will allow for some streamlined
environmental review of subsequent projects that come in later. Development
projects that are consistent with the General Plan, which they should be, will have
the opportunity to "tier" off of the program level Environmental Impact Report,
lessening the burden on some development products and allowing them to move
forward more quickly. The EIR will also be "self -mitigating" which means that as the
General Plan is prepared, and as impacts that may arise as a result of implementing
the General Plan area identified, those can be addressed directly in "Plan Policies."
The idea is not to leave the City with a huge Mitigation Monitoring Reporting
Program associated with the policy document that oversees all development.
In defining an area (Planning Area) that the plan will cover, the area will include
everything within the City limits, the Sphere of Influence and may also consider
other land outside of the Sphere of Influence that could be studied and considered
under some circumstances. This is often the case when there are certain
environmental impacts that may cover areas broader than city limits or spheres of
influence lines. There may be certain topic areas where the view is expanded
beyond those limits but generally speaking the area will be confined to the areas
under consideration.
Another set of requirements the plan needs to cover are called Elements of a
General Plan. There are seven state -required topics (elements) to be addressed in
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the General Plan. These include Land Use, Circulation, Housing, Open Space,
Conservation, Noise and Safety. These are subjects that must be touched upon in
the General Plan but do not necessarily need to be called by these specific names.
They canbe mixed and matched and/or combined but all of the seven topics must
be addressed. The current 1995 version of the Diamond Bar General Plan
addresses these topics slightly different under the following headings: Land Use,
Circulation, Housing Resource Management (Open Space and Conservation
combined), Public Health & Safety (Noise and Safety combined) and Public
Services and Facilities. Cities are at liberty to include other elements in their
General Plan beyond those required by state law. For example, Public Services &
Facilities is quite common. Other common elements that are seen might be Historic
Preservation, Economic Development, Public Health, etc.
Preliminarily, the following Elements have been proposed for the new updated
General Plan. This is subject to change and may very well change based on what
the community says and what the Council's priorities are. It has been found to be
particularly effective to combine a discussion of Land Use with Economic
Development. Generally speaking, these are topics that are very important to a lot
of California cities and it is also difficult to divorce economic development from land
use decisions. Some cities have separate standalone Economic Development
Elements. She finds that they tend to work better when they are paired together
with Land Use. Circulation and Housing Elements will remain separate. The
Housing Element is a little bit different than the other General Plan Elements
because it is subject to an additional set of state requirements and it must be
updated on a different schedule. Whereas cities are at liberty to update their entire
General Plan whenever they see fit, the Housing Element must be updated at a
certain time. It used to be on a five-year cycle and is currently on an eight-year
cycle. Because housing is such an important statewide issue it is important that
every jurisdiction do what it can to address the state's housing needs. Diamond Bar
has already updated its Housing Element to be consistent with state requirements
and this update will not deal with that Element as part of this scope of work. That
being said, the remainder of the General Plan must be consistent with the current
Housing Element. Even though they are sometimes treated as two separate items,
they continue to be a part of the same document. If it turns out that in the course of
updating the rest of the General Plan, changes to the Land Use map etc., that might
impact the Housing Element, that issue will be revisited to make sure that the two
components are consistent.
Resource Management/Resource Conservation includes the recommendation that
Open Space and Conservation are kept together. Noise and Safety work well
paired together. Many cities do that and it is likely that the update will continue to
take the approach that Diamond Bar has taken with Public Health & Safety covering
both Safety & Noise. Another idea is thinking about health somewhat more broadly.
Typically, the Safety Element and Public Health have been treated in General Plans
AUGUST 10, 2016
of
of the past as more about protecting the community from hazards rather than Public
Health or Wellness which is the way communities tend to think of it these days.
There has been a recent movement to make the connection between Land Use
planning, city planning in general and its connection to Public Health. It connects in
many different ways from provision of healthy food to parks and recreation
opportunities to transportation options, etc., and she believes there is potential for
treating some of those concepts separately. Finally, another topic that is proposed
to be introduced is an element focusing on Community Character and Placemaking.
Much of what her firm has heard as they have spent time learning about Diamond
Bar to date is that there is an interest in creating more of a "there there" by defining
the City's identity and figuring out from a planning, urban design, placemaking
perspective, how that identity can be strengthened and fostered over time. This
would be an element that would focus more on the role that physical design, urban
design and public realm improvements could make in creating a real identity for the
City.
Public Participation will be critical. This plan will be worth something only if it is
something that reflects what people who live and work here want to see and it will
be important that the City offer opportunities for the community to get involved, to
learn about the process and to offer their ideas and opinions at multiple stages.
There will be a few things up and running from the beginning of the process. The
team is working on a standalone project website which will serve not only as a way
for people to read documents (project library) but also as a way to advertise
upcoming meetings, ways to participate, etc. There will be a series of stakeholder
meetings during which interviews are done on an individual and small group basis
which is a good way to reach out to people who have some more unique
perspectives on planning, growth and development in the City. This is also a good
way to get in touch with agencies that may be interested in what is going on in
Diamond Bar such as transit providers, other jurisdictions, as well as making sure
that the City hears from representatives of different community groups,
neighborhood organizations, members of other commissions, etc. There will be a
series of community workshops at different stages in the process both early on as
the team' is working on issue identification and visioning as well as later, when
different land use alternatives have been developed — choices and options that the
City would want people to consider and weigh in on before the team hones in on the
final General Plan. This will be supplemented by providing information about the
plan and about the process at a number of community events — places that people
are already going to. Over the years she has found that when workshops are held
some people will come but there will not necessarily be a good cross section of the
community and the City wants to make sure it is doing a good job reaching out to
everyone who either does not have the time or the interest to come to a separate
event at City Hall. So because Diamond Bar already has so many community
events and is active in schools and community, the team will try to go to places
where people are already gathering, publicize information and give them the
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PAGE 6 GENERAL PLAN JOINT MEETING
opportunity to weigh in on their own time. To help spread the word the team will be
working on newsletters in cooperation with the City's Public Information Division to
spread the word and make sure that people are aware that this process is taking
place and help explain why it is something they might want to pay attention to.
Throughout the process the team will be coming back to the Planning Commission
and the City Council at certain stages, as well as the General Plan Advisory
Committee. She wants to hear from the Commission and Council today and at
each key point to make sure that they are aware of the point of progress and that
they are providing the team with direction at key stages. By the time this gets to the
adoption hearings there should be nothing in the plan that surprises the
Commission and Council Members. At that point she will be giving the final
presentation and the Commissioners and Council Members will be confirming that it
looks great and it is what they have anticipated. The team wants Commissioners
and Council Members to stay in the loop and Commissioners and Council Members
can help the team by talking about the process with their friends and neighbors and
encouraging them to come to and participate in events. Ultimately, the City Council
is the approving authority for adopting the new General Plan by Resolution. The
Planning Commission will be providing a recommendation to that effect. The
Council will also certify the Final EIR.
This process will take time to get through because it covers a lot of ground. Her
team has been working with staff on initiating this process getting the contract
underway, kicking off with staff, touring around the City with other members of the
consultant team, reading up on all of the City's background materials over the
course of the summer and will move into a first -phase of Community Outreach and
Issue Identification, as well as technical background research over the course of the
fall and into early winter. Early in 2017, this process will move into defining several
Land Use alternatives that her team will come back and share with the community
which will provide the City an opportunity to weigh in and tell her team in which
direction the plan should head. From there the team will implement a preferred plan
and a set of key goals and this can be thought of similar to an Executive Summary
for the General Plan which will be comprised of the basic map, basic idea and
general goals that will be built on with a set of policies and implementation
programs.
In late 2017 and early 2018, the team will be working on writing the Draft General
Plan itself, moving on to the Environmental Impact Report which has a required
public review period of 45 days. There will be times when it seems that things are
going silent; however, the team will continue to work hard during that time and there
may be times when the Commission and Council will not be hearing much from the
team. There will also be times when some of the documents that have been
produced are sitting for a time to make sure that people have time to review those
documents and comment on them.
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PAGE 7 GENERAL PLAN JOINT MEETING
Ultimately, this process will extend for about three years which is fairly typical for
cities that are doing a really comprehensive update. If this were a technical cleanup
it could take less time but if the objective is to make sure that the community has a
chance to weigh in, that the City has a chance to carefully consider all of the
ingredients and considering that a lot of this might be written from scratch/whole
cloth, it will take time. Again, it is very likely that the City will end up updating its
Zoning Ordinance after this is all said and done. This is not part of her firm's scope
of work. It is something that her firm could do but it is not within the scope of work
for this update process.
0- General Plan Advisory Committee (GPAC)
The General Plan Advisory Committee is going to be another level of people who
will be participating in this process in a slightly greater capacity than the average
citizen, who will be providing advice and input into the plan, making
recommendations to the Planning Commission and ultimately the City Council. The
consultant team will be meeting with the GPAC periodically over the course of the
next three years, taking to them research and analysis to review to get their
feedback, sharing with them what the community has said and bouncing ideas off of
them to help form some of the goals and ideas that will be carried forward for further
analysis. They will help the consultant team refine issues and key policies. It is
also important that this group provides a really broad community -oriented
perspective. While everyone certainly brings their own experience, opinions and
backgrounds to these processes, Commissioners and Council Members know that
as elected and appointed officials they need to take on not just their own
perspectives but also need to listen to the community at -large. And it will be
important that those appointed to the GPAC can do the same thing.
The role of GPAC members is to also act as ambassadors for the plan, to engage
community members, to reach out to groups of which they are members, to
advertise the plan, to try to drum -up interest, to get people to fill out the online
survey and do the leg work that the consultants and staff can do only to a certain
extent.
The City Council will appoint members to the GPAC and each Council Member will
appoint a total of three members for a total of 15 GPAC members. As the Council
Member is thinking about who to appoint there are a few things to keep in mind.
The group as a whole needs to represent a broad -range of community perspectives
and interests. That also means that the membership should also include a mix of
both people who have lived here for a long time, as well as people who may be
relative newcomers. Often she has worked in cities where the whole committee is
filled with people where every single person begins a sentence with "I am so and so
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PAGE 8 GENERAL PLAN JOINT MEETING
and I have lived here for 45 years" and the next person tries to outdo them and their
legitimacy is rooted in how long they have resided in the community. The sense
that she gets in Diamond Bar is that it is a more dynamic community in which new
residents reside and different types of people are represented, those with young
kids, people who have lived here for a long time, people of all different ethnicities
and she believes that such a mix and perspective is really important. She
encourages the Council Members to look for people notjust who can bring a longer
term perspective of having been in Diamond Bar for a while but people who maybe
have just moved here because they are really excited about the schools and the
community and they are bringing a fresh perspective which is also important.
People come with particular areas of interest, certain areas of focus or expertise. It
can be great to have people who have some professional experience that might be
relevant to the plan and the City can definitely benefit from that experience. But at
the same time, being able to take a broad perspective and stepping back and
seeing things from the perspective of the community is still important. So even if
they do have or do represent a certain interest, that is fine, but their purpose should
not be solely to advance their own personal agenda.
She also recommended that the Council consider not only residents, but also
consider inviting members of the business community or local employers who many
not necessarily be residents of the City.
C/Tye asked if this would include business owners who may not live in the City.
CDD/Gubman responded that if they are rooted in the community because they own
a business in the City or they own property such as a shopping center and truly
have a significant stake in the community, he would say it would be appropriate to
consider them.
The team will be coming back to the Planning Commission and City Council
numerous times as the process moves forward to review interim products and
various options that have been presented. The team hopesthat Commissioners
and Council Members will attend community meetings and reviewing public
feedback and providing feedback, recommendation and direction of their own to the
team at key stages. Ultimately, the City Council will take action to certify the EIR
and Adopt the General Plan.
FEM
C/Herrera asked who would chair the meetings.
Ms. Martin said that it would depend on the type of meeting. It is the team's hope
that the GPAC will appoint a chair and vice chair. The team will be present to
facilitate but generally, it is better if the committee has a chair. For the public
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PAGE 9 GENERAL PLAN JOINT MEETING
meetings and workshops she will be doing the bulk of the presentation. In addition,
there is a large team of sub -consultants that consist of specialists in transportation,
urban design, environmental science, civil engineering and community outreach.
There is a firm that will be assisting the team specifically with community outreach
and be involved in all of the meetings.
C/Herrera said that when the Council was given the consultant's proposal all of that
information was contained in the booklet.
C/Herrera asked if the meetings that will be updating the City Council would be in
this type of setting or at a regularly scheduled Council meeting.
Ms. Martin said it would depend on the timing and the topic. If it is a brief check-in
and the team is providing the Council with an update on where things are, typically,
if there' is time those can be worked in as regular agenda items at a regularly
scheduled meeting. She does not anticipate that there will be many joint sessions
because they are very difficult to schedule. It may be that if there is a big topic that
merits a lot of discussion and it is something that might overtake an entire agenda, it
may be prudent to find a special time to meet.
C/Herrera assumed that some of the items in the old General Plan will be deleted if
they have been accomplished and are no longer relevant.
Ms. Martin said that C/Herrera's assumption was correct.
MPT/Lin said that based on the drawings the Sphere of Influence seems to be south
of Diamond Bar and why not in the other directions.
Ms. Martin said that the Sphere of Influence is determined by the Los Angeles
County Local Agency Formation Commission (LAFCO). LAFCO is a commission of
the county that is responsible for approving annexations and LAFCO will also
determine and approve what is called the city's Sphere of Influence and that is
supposed to represent the ultimate area into which a city may expand. There are
certain other criteria and it may vary county by county but ultimately, that is what the
county considers to be the area into which a city may expand in the future. If the
city wishes to change its Sphere of Influence it must apply to do so from LAFCO.
But as stated, Diamond Bar is not restricted to planning for the area that is just
within its Sphere of Influence. Diamond Bar may plan for areas that are beyond
your Sphere of Influence.
MTP/Lin felt that the area northeast of Diamond Bar that connected to Chino Hills
would be a very critical area of influence for Diamond Bar. From what Ms. Martin
has said that would not be included in this definition.
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AUGUST 10, 2016 PAGE 10 GENERAL PLAN JOINT MEETING
Ms. Martin said that she believed that some of that land was either owned by or
within other incorporated jurisdictions and in those instances, no, the Diamond Bar
General Plan would not plan for areas that are within other incorporated
jurisdictions. However, the City can, through policy, express the direction in which it
would like those areas to take and work with those jurisdictions accordingly.
CM/DeStefano explained that when discussing the boundaries surrounding the City,
to the east it abuts San Bernardino County and the incorporated City of Chino Hills.
To change a city limit line through the two LAFCOs that are involved would be
difficult. To change a county line is almost impossible. So while logically it likely
makes sense that Tres Hermanos ought to be Master Planned, the likelihood is that
the two cities are going to wind up doing so independent of each other. There is the
possibility, given time and interest, that the two cities could work together on a Tres
Hermanos plan and in some jurisdictions throughout the state of California, cities
and even counties have gotten together to do that. But it is very rare, very difficult
and there are often very competing interests about who gets what land uses — who
gets the commercial on the corner, who gets the open space in the back. South of
Diamond Bar our Sphere of Influence is in the County of Los Angeles's jurisdiction
which is commonly known as the Tonner Canyon area and that property
immediately abuts the County of Orange and the City of Brea. And that line is right
about where the Tonner Canyon on/off ramps are at the SR57. As one travels back
up the SR57, the vacant land to the west of the SR57 is unincorporated Los
Angeles County, was previously designated as part of the future anticipated City of
Rowland Heights. For a variety of reasons, the City of Rowland Heights is not likely
to ever take place. And so, if there was interest, there could be a discussion if not
planning for, the use of that property. It may make sense as an extension of the
City of Diamond Bar and it may not. It may make sense to look at it from an
offensive standpoint and it may make sense to look at policies to protect Diamond
Bar from future development in the County of Los Angeles from a defensive
strategy standpoint. As one travels even further north on the SR57 one reaches
clearly incorporated Diamond Bar but right about where the Royal Vista Golf Course
lies is the Diamond Bar border with the unincorporated area of Rowland Heights.
Once again, there could be an opportunity to look west down Golden
Springs/Colima by example which generates other kinds of thought processes, not
likely to have any great impacts on Diamond Bar because it is already fully
developed; not likely to benefit Diamond Bar if Diamond Bar were to seek and be
successful at incorporating that area because it is principally 60-70 year old housing
with 60-70 year old infrastructure and minimal parks, etc. Traveling farther north on
the SR57 at the northern part of the City roughly at Sunset Crossing/Temple
Avenue the City is smack up against the incorporated City of Pomona in the same
boundary. And the largest piece of land that Diamond Bar should be thinking about
offensively or defensively is Cal Poly South, the Lanterman property which is
acreage that will be developed by the campus coordinators over the next 20 years.
AUGUST 10, 2016
PAGE 11 GENERAL PLAN JOINT MEETING
This can create opportunities for Diamond Bar and create issues the City might
want to consider and try to work with or around. Walking around the City brings up
those kinds of thoughts and some opportunity but clearly, those areas have a
potential impact on Diamond Bar. There are influencers that are 10-15 miles from
Diamond Bar, most principally the areas in Chino and in Ontario. Diamond Bar has
18,000 dwelling units. There are new areas in Ontario that are talking about 45,000
dwelling units and those folks will go someplace for work, much of which will be
close to home but much of which will come Diamond Bar's way. So no matter
whether Diamond Bar was to ever build another square foot of office or another
single family home, the City will be impacted by regional traffic. So while that is way
beyond the boundaries one might typically look at during this process it is an area
that will have an impact on Diamond Bar as those remaining vacant areas to the
east are developed out and to a lesser extent to the west of the City in the City of
Industry. Those are things that are part of the realm of thought as this process
moves forward over the next couple of years.
M/Lyons referred to the light pink portion of the map and asked CM/DeStefano if he
was saying that area could be within the City's Sphere of Influence and that it would
also be possible for Rowland Heights to develop it so Diamond Bar would want to
make sure to do everything possible to influence that development.
CM/DeStefano said he was referring to two different things — the property M/Lyons
was pointing to just south of the City and between Diamond Bar and the
incorporated City of Brea is within Diamond Bar's Sphere of Influence. It is already
part of the LAFCO designated Sphere of Influence. So, Diamond Bar has ultimate
responsibility for land use planning for that area through this General Plan process.
It doesn't really kick in unless Diamond Bar was to consider incorporation of that
land. It is much more rugged and distant from the City and there is no connection to
the City so there are issues/opportunities/environmental constraints, etc. The land
he was referring to that Diamond Bar might want to look at offensively or defensively
was the area just west of the SR57 which is basically the vacant land from about
Brea Canyon Cutoff down to the first group of homes on top of the hill in Brea.
Much of that vacant land is within the County of Los Angeles and meant to be the
future City of Rowland Heights which may be something Diamond Bar may have an
interest in and would have to be very, very careful about the thought process and
planning efforts to make sure that it would be of long-term benefit to the City.
Diamond Bar may choose not to from a land use planning standpoint. But knowing
that LA County then would, Diamond Bar may want to look at that property and
protect itself in whatever way was deemed to be appropriate, most likely from a
traffic standpoint. That is an example of a surrounding area that Diamond Bar may
want to look toward in the next couple of years as the GP process moves forward.
MPT/Lin asked how the consultant quantifies the Community Character and
Placemaking.
AUGUST 10, 2016 PAGE 12 GENERAL PLAN JOINT MEETING
Ms. Martin said that these are two separate questions - "what is Placemaking" and
how is it quantified which is a very tricky question. She cannot say that everything in
the General Plan is quantified per se. There will be characteristics or components
of everything that can be quantified to some extent. For instance, if the City were to
take a closer look at Urban Design Standards & Guidelines for new development
projects it could think of quantification in terms of more attention to things like
building massing and design, building heights, streetscape design, ways in which
buildings approach and interact with the street, and how the public right-of-way is
designed and allocated. But when talking about Placemaking this is something that
is open for debate and explored further or tossed or, it can be incorporated into the
Land Use Element instead. For example, Diamond Bar does not have a real
downtown. It does not have an identifiable center per se. Maybe that is okay. A lot
of people might be quite fine with that concept and people commute elsewhere to
hang out with people to eat, pick up their kids or wherever. There are many other
jurisdictions in this area that have things like that that people really like and that
satisfy those needs. She believes a fundamental question is, is that sort of "town
center/community center" identity type of place something that the City of Diamond
Bar is interested in pursuing. If the thinking is long-term and this is not the type of
thing that happens overnight or maybe even in five years but as land uses and
parcels change over time, the question is, does Diamond Bar want to try to create
circumstances in which a "town center" type of environment could arise in Diamond
Bar. A city that has a more traditional downtown often pays very close attention to
what happens in the "downtown" and Diamond Bar would also want to take that
same type of approach to a new place like that in this City. And that could be one
particular place, it could be a higher set of standards and objectives for certain
properties in the area that are believed to have a higher likelihood of redeveloping
or changing overtime and there are certain aspects of that that could be quantified.
A lot of it is also a matter of establishing a vision and a set of goals to get there to
achieve what the community wants to see.
MPT/Lin asked who Ms. Martin would consider to be included in the stakeholder
group. Is AQMD a stakeholder?
CDD/Gubman said he had not considered AQMD to be one of the stakeholders.
They are a regional agency and they have a wide reach but to some extent, since
they are headquartered here it may be a possibility. Right now their campus has a
lot of surface parking and land values in Diamond Bar are very high, so surface
parking is really a policy decision that the City may want to pursue when that site
could be intensified. In that sense he supposes they could be stakeholders with
respect to the long term vision for their site and perhaps in the Gateway Corporate
Center overall. As land values increase, surface parking becomes an inefficient use
of land. In this context, AQMD or perhaps the Gateway Corporate Center
Association as a whole is a stakeholder. When he thinks of stakeholders he thinks
AUGUST 10, 2016
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PAGE 13 GENERAL PLAN JOINT MEETING
more of the community groups that touch all of the demographics in the spectrum of
the community (age, ethnicity, etc.) including the senior groups, youth groups,
sports organizations, school districts, and developers who have a record of building
homes or commercial projects in the community who plan to remain a part of the
community going forward.
CM/DeStefano said that another way to look at it is the stakeholders may be
equivalent to shareholders and to look at this municipal corporation with its 58,000
shareholders. Every one of them owns a piece of it. Every one of them plays a role
in shaping the future. It can be children, it can be adults, it can be Caucasian
communities, it can be the Italian community, it can be anybody and everybody with
a variety of different ideas and opinions and as Ms. Martin pointed out, those that
have been here since the first stop sign was installed and those that arrived last
week. Part of the process the Commission and Council will engage in is to not only
incorporate all of the community's thoughts and ideas going forward but their own
thoughts and ideas for the community — for those that exist here today and for those
that are not yet here. And incorporating changing values. This community is getting
older. For now and for the foreseeable future this community has far fewer children
per household. The City is at about 41 years of age on average. Many
communities are more like 35-36-37. 41 is getting old. The ethnic and social
economic breakdown and profile may lead Diamond Bar to move into different types
of recreational programming, amenities and land use needs. Diamond Bar may end
up doing a lot of things differently over the next 10-15-20 years and much will be
learned about that by going out and trying to touch or at least invite all of those
58,000 shareholders through a lot of different community opportunities whether it is
popup City Halls or special events, publications, website, ambassadors, etc.
MPT/Lin asked what other state agencies would be involved in the EIR process.
Ms. Martin said that any agency that choses to make a comment either during the
scoping period when the team is soliciting input on what the scope of the El R should
be or during the public review period. Typically, it is common to get letters from
Caltrans, Air Quality District, Regional Water Quality Control Board and other
agencies where issues are particularly pertinent.
MPT/Lin said that since Diamond Bar is the approving agency it can accept or
ignore their comments, right?
Ms. Martin said that at the very least the City must acknowledge receipt of the
letters.
MPT/Lin asked if the final product would be a tiered plan (short-term, mid-term and
long-range) or will it be a target year plan.
AUGUST 10, 2016 PAGE 14 GENERAL
Ms. Martin explained that the General Plan will have a horizon year it plans for so
that a number can be picked in the spirit of quantification to say that by 2035 or
2040 it is anticipated that the City will have X number of people and X number of
jobs; however, the actions that the City may take between now and that horizon
year may occur in the short term or the long term. Often, an implementation
program is put together that is sort of a summary of the types of actions that the City
may take over time and give a general indication of when those are likely to occur.
So, updating the Zoning Code for example, would be something that the City would
want to do in the first five years or less. Longer term capital improvements, public
infrastructure projects may take longer or they may be tied to when certain
development thresholds occur.
MPT/Lin asked if it was typical to have one or two City Council Members as liaisons
to the GPAC.
Ms. Martin said she has worked with cities that have a liaison from the Council and
sometimes from the Commission and she has worked with other cities that preferred
to keep it entirely separate which is not her decision. It can work either way.
M/Lyons asked if "Circulation" meant traffic.
Ms. Martin responded "yes."
M/Lyons said that he had heard from the school district that they are expecting more
children in Diamond Bar. Will there be a demographic study and if so, how will it be
done and what will happen.
Ms. Martin responded that a sub -consultant is an economist and will do some
upfront work on understanding the City's demographic trends, as well as market
trends for various land uses. She does not believe that they will be developing their
very own demographic forecast, she believes it will be looking at a variety of third -
party sources to definitely get a handle on the pure number of people that will be in
Diamond Bar over time and the very important age -breakdown. If there is a
discrepancy between what the Department of Finance or the Census thinks and the
school district thinks that will be a topic of concern to be understood.
Chair/Mahlke said that in researching General Plans for other cities she found that
the Office of Planning and Research recommend that the General Plan should start
with a community vision. She asked if the City would be rewriting the City's Vision
Statement and if so, who would be the lead on doing so.
Ms. Martin said that this was a great question. The first phase of community
outreach that is done will mostly focus on trying to establish what that vision is.
Typically, at the end somebody has to put pen to paper and try to articulate that
AUGUST 10, 2016
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PAGE 15 GENERAL PLAN JOINT MEETING
based on all of the input received which will come from a combination of all of these
different means that the team intends to use to hear from people online, through
workshops, meetings like this meeting and many other ways. The team will do its
best to take the broad range of perspectives that she is sure will be expressed and
tease out the points of common ground. One thing she often finds is that even in
incredibly diverse communities, people still have a lot of consensus points and they
tend to jump out at you. So the team will try to articulate that and bring that vision
back to the Commission and the Council and ask if that vision sounds right to them
and did the team capture what they collectively heard from the community. And, the
team will try to establish that "vision" very early on in the process.
Chair/Mahlke asked if Commissioners and Council Members were allowed to
participate as someone who wishes to participate without people perceiving them as
being too' influential in ways that might not be beneficial.
Ms. Martin said that sometimes there can be a bit of a fine line. She has had
instances in which doing a workshop with small groups around a table a Council
Member is at one of those tables and in an attempt to listen and facilitate it seems
that everybody is kind of deferring to what that Council Member is saying. So to
some extent, there needs to be discretion and good judgment used about how best
to participate and impart that information because the team wants to hear from the
Commissioners and Council people as well because everyone's opinion matters
which is another reason there are meetings such as this meeting tonight, so that the
team can make sure it hears those perspectives in a forum that is open to the public
but where those in positions of authority are not putting someone else in a position
of even unintentionally making them feel like their opinion is less important.
Chair/Mahlke said that Diamond Bar contracts out its Public Safety — Fire and Law
Enforcement. She asked how the City's General Plan would account for the fact
that the City does not control those aspects. For example, LA County recently
acquired some property within the City limits that they might be using for training
facilities. Are they invited to participate in the City's General Plan?
Ms. Martin responded that the team will definitely be talking with those entities. It is
fairly common for cities to have a number of different service providers. The school
district is a great example because they are intimately involved in the City and yet
they are not part of the City. Many cities contract out for fire, police, and waste
water treatment but the impact that the City has on the waste water system and its
ability to handle that is really important. One of the first things the team does is to
figure out who all of the different players are and reach out to them to understand
how the needs of the City of Diamond Bar figure into their overall planning and
begin a dialogue with them and communicate with them about how much Diamond
Bar thinks it is going to grow, this is the type of development the City is interested in
in the future, this is the intensity of development and is this something that you, the
AUGUST 10, 2016
PAGE 16 GENERAL PLAN JOINT MEETING
service provider can serve in the future and help us to understand what the City
would need to provide and vice versa to make sure that those services are provided
adequately.
CM/DeStefano explained that public safety services through the sheriff's
department, the City's police agency, is a subscription service. There are core
service levels that are advised and recommended for the City to pay for and utilize.
There is a lot the City pays for each year that is purely discretionary which has
worked very well for Diamond Bar for the last 27 years and is likely to be the format
going forward. So as the community grows, intensifies, develops areas that might
presently be vacant and so forth, the City will continue to work with the Sheriff's
Department in determining what type of law enforcement service levels might be
needed. If the City were to have more retail commercial for example, the City would
typically need a greater level of law enforcement than it would for offices. The fire
safety provider is through a district so property owners are paying a dollar amount
per parcel for that service. In that particular situation, the fire department provides a
certain level of service that again reflects the City's land uses. If the City wants
additional services they can be purchased, but over the course of the last 27 years
that has been very, very rare that it would do so. The only extra service that was
paid was a small wildland fire fee for the vacant Tres Hermanos land. And that is
because the county is paying for those service levels through the district that the
City's residents are supporting through their taxes. As a vacant area, Tres
Hermanos will be a part of the discussion and thought over the next 20 years. If
there were to be development in Tres Hermanos, there is likely to be an additional
school or two, a fire station, etc., and those would all come as part of the
development and would likely be paid for by the developers through assessment
districts or whatever the vehicle might be at that point in time. Ultimately, the
service levels for sewers, storm drains, fire, police, and library are decisions the City
Council make but only after very careful thought looking at a wide variety of input
including input from those that provide the services.
VC/Wolfe commented on a couple of items he felt important. He felt it was
important for this City to develop a long-range "downtown" area which he believes
adds to the character and provides that community "place" that people identify with.
He believes there are great examples in LA County such as Claremont and
Monrovia that are really close. Of course those are old preserved downtown areas
which would be much more difficult in the context of the development Diamond Bar
has within its City limits to accomplish something like that but he felt it was important
to at least have that conversation. The City Manager mentioned future development
on the Lanterman site and he believed this process should look at the proximity to
Cal Poly Pomona and opportunities to try to build upon the fact that there is a very
large student population that does not really have a place to gather. Third, Majestic
Realty announced a year or so ago that they had significant plans to develop on the
west side of the SR57 and south of Grand Avenue and he believed this process
AUGUST 10, 2016
should look carefully at what they are doing and try to leverage something within the
City limits. There has been discussion about the vacant parcel on the south side of
Grand west of the SR57 as a potential hotel and such, but when Majestic Realty is
looking to take advantage and put in a lot of businesses and retail outlets and
because there is a lot of that same type of development to the east along Grand
Avenue in Chino Hills, Diamond Bar should be thinking about what it can do to take
advantage, if possible, because the City is certainly suffering from the traffic that
follows along with those types of land uses. The potential sale of the Tres
Hermanos Ranch is another thing that the City needs to be very careful in looking
at. One of the things the City of Chino Hills has been pushing for is the extension of
Tonner Canyon Road and obviously that impacts the Sphere of Influence on the
south side between Diamond Bar and Brea and what that ultimately would mean to
that area and also what it means to the Tres Hermanos land use in the long run.
C/Farago asked who will be collecting information about things going on in other
cities including Chino, Tonner Canyon, City of Industry, etc., to inform GPAC about
what is happening to help make the right decisions about how these changes might
affect the City for many years to come.
Ms. Martin said it was very difficult in such a large and dynamic a region wherein
Diamond Bar lies, not just within LA County but other counties as well. There are so
many different jurisdictions with many different plans and ideas. It is difficult to keep
track and everyone needs to do the best possible job to collectively keep their
fingers on the pulse as the background research is being done to look beyond
Diamond Bar's borders to attempt to understand the regional transit influences.
Certain aspects of that to get back to MPT/tin's comment about quantification,
some of that can be quantified and some of that will be worked into the assessment
the team does of impacts on Diamond Bar from external forces. Transportation and
traffic is a really good example of that which is an area that there is the ability to
model not just what is happening within Diamond Bar but in the future, what is
happening in other jurisdictions as well. The transportation firm that the team works
with will ensure that all of that information is taken into account accordingly.
Whether the City of Chino Hills or LA County and others change their minds about
something five years from now, Diamond Bar can control only so much. But to the
extent this process can stay on top of forces and movement that is known and take
it into account, the team will do its best.
CM/DeStefano spoke about other avenues of collecting information in response to
C/Farago's concerns. The Southern California Association of Governments (SCAG)
and the localized San Bernardino Associated Governments (SANBAG) San Gabriel
Valley COG, Gateway Cities and South Bay Cities and others are all good
resources because SCAG puts out massive documents with regional forecasting for
population, housing growth, goods movement, etc. The ports of LA in Long Beach
have plans for how they think their ports are going to grow and that cargo is going
77N 77
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AUGUST 10, 2016
somewhere and in many cases it is traveling down the SR60 which may have some
impact on Diamond Bar, not necessarily in terms of land use but maybe surrounding
cities in terms of warehousing, etc. all of which would affect Diamond Bar in terms of
traffic. CDD/Gubman and Ms. Martin's team will be collecting all of this data to help
the City determine what is influencing Diamond Bar and what Diamond Bar wants to
be welcoming and attracting such as a university that will grow or other things the
City might want to do to protect itself. Perhaps the City does not widen arterials to
allow more traffic for transients to drive through. There are many things that will be
up for consideration as the team brings information forward.
C/Mok asked about GPAC and how through their past experiences the consultant
team has seen how City Council Members selects GPAC members. Are there any
parameters or is it strictly up to the Council Members to determine how members
are selected.
CM/DeStefano responded that Ms. Martin outlined the teams' thoughts regarding
the types of individuals that might be appropriate for the GPAC. Staff will be
recommending to the City Council that they engage in a selection process
somewhat akin to the selection appointment of a Commission and further, that while
they can pick anybody they choose staff will offer the Council an application form
similar to the recent commission application form which gives the decision -maker
background information. Individual Council Members may wish to interview folks or
not, they may have contacts in other arenas in the community, and staff will help
them toward that end, and if all goes according to the plan, the Council would be
making their decision on September 20. Staff will advertise the availability of the
openings in the same basic manner that opportunities are offered for a community
member to become part of a commission.
C/Mok asked if possible candidates would be interviewed as part of the process and
can those being interviewed be related to Council Members or Commission
members.
C/Tye said his feeling is that they should not be related.
CM/DeStefano reiterated that the number can be whatever the Council feels
appropriate and comfortable with. In the past there were about 20-25 GPAC
members and on a regular basis about 15 participated. There was a drop-off in the
number of attendees and there were those who came and went over the course of
the years the GPAC was engaged in the process. Probably more than 5 and 10
would be the absolute bare minimum and perhaps 15 would be a good number but
if the Council wishes a larger number that is Council's call.
C/Mok explained that the reason for his questions is because he believes the GPAC
should be made up of a group of people that will have pertinent input into this
U U U'l i, 11 J
AUGUST 10, 2016 PAGE 19 GENERAL PLAN JOINT MEETING
process and not just someone who can answer questions on the spot — someone
who really has a stake in the community young and old. He would not want to be in
Council's position for this most important task.
C/Herrera suggested that if any of the Commissioners have recommendations of
people in the community that would really like to serve on the GPAC and would do a
good job and be conscientious about doing the job, please forward their names to
your respective Council Member for consideration. At this point she has received a
couple of requests from residents who would like to serve on the GPAC and as
stated, the Council wants good thinking people who are not out to serve their own
interests.
C/Mok said that C/Tye suggested that it not be relatives of Commission or Council
Members but is that chiseled in stone?
C/Herrera said it would depend on who they are. She would not select her
husband, for example.
M/Lyons asked CM/DeStefano if she heard him say that the Council should be in a
position to offer their selections at the September 20 City Council meeting.
CM/DeStefano responded "yes."
M/Lyons felt that was too soon because there will not be a Council Meeting on
September 6 and there needs to be time to talk about this publicly and advertise the
positions. She felt the decision should be pushed off to October.
CM/DeStefano said that was Council's decision but this is something that needs to
get moving so at this point staff would want to encourage the application process,
get the word out that there is the availability and target the second meeting of
September for the announcement but if the Council is not ready so be it. To reflect
back, this year when the Council was looking at Commission appointments and
reappointments there might have been a Council Member that needed a couple of
extra weeks which happens from time to time.
M/Lyons'said she wanted to make sure it was out to the public in all vehicles
possible including The Windmill, The DB Connection, social media, etc. in order to
get the best people.
MPT/Lin said that based on the schedule presented this evening the first GPAC
meeting is scheduled to take place in July 2016 and the second meeting in October
2016 so if the appointments are delayed will the schedule be pushed out?
AUGUST 10, 2016
Ms. Martin said it may have some impact but not huge.
MPT/Lin said he did not believe Council Members should preclude themselves from
picking Commissioners as one of the GPAC members.
CM/DeStefano responded that as has been stated, it sounds like that could be done
but his recommendation would be not to do that and to allow Commissioners
independently as their body to receive the recommendations of the GPAC and to
make their own decision on the particular issues before them because it starts to
cloud the issues. In fact, he is not sure it is really appropriate to have a
Commissioner or Council Member as a part of GPAC. If one were to be present for
the meetings, most of the other members of the Advisory Committee will defer to
the elected official or member of the Planning Commission. From staff's
perspective an independent body might better serve the process.
CA/DeBerry said that typically, one does not see the type of structure where a
person is sitting on a lower body when they would be receiving recommendations
from that lower body. The only thing that would be similar or equivalent would be if
the Council appointed its own subcommittee of two Council Members who would
then make recommendations to the full City Council, a body they are sitting on. He
would recommend against having a Commission or City Council Member as part of
GPAC.
MPT/Lin said that the City Council could be an ex -officio member of the GPAC
because the idea is that there is a liaison so that the Council knows what is going
on.
Chair/Mahlke said she believed that what would happen during the process is that
the consultant will be the liaison and by not including Commissioners and Council
Members* as part of the GPAC it provides for a wider scope of people from the
community and the Commissioners and Council Members are already going to be
represented on several different levels as a result.
CDD/Gubman said that a possible compromise or balance would be to consider
members of other City Commissions for seats on the GPAC so that there are
representatives of the community who are engaged in important issues but they are
not in an advisory (i.e., planning commission) role that would make
recommendations regarding adoption of the General Plan.
C/Barlas said she was looking forward to the General Plan Update. When reading
the version of the current General Plan her children said they did not want to live in
Diamond Bar because they see much more happening in Chino Hills and Walnut
and other areas so she is looking forward to a final product that will make her kids
feel like they can find something for themselves in Diamond Bar. She is also
M D FR� A 7 -11
AUGUST 10, 2016
involved with the school district and she confirmed to M/Lyons that more children
were enrolling in the school but it is happening mainly because WVUSD is the
district of choice. Four of the seven board members live in Phillips Ranch.
M/Lyons suggested adding the development of the pad at the top of Summitridge
Park close to the Diamond Bar Center. A resident suggested to her that there could
be consideration of a high density housing transit village around the Metrolink
station. She asked if there would be discussion of what kind of employers the City
would like to attract (affirmative nod) and anything within the Sphere of Influence
and Tres Hermanos should be included in the discussion.
Discussion Topics:
What is your overall vision for Diamond Bar's future?
C/Herrera said that her overall vision for Diamond Bar's future would include
economic development as an important focus of attention. She would like to see
Diamond Bar become economically self-sufficient and while there has been a lot of
development in Walnut, Chino Hills, Chino and Brea, Diamond Bar has been
squeezed out and there are certain properties within the City that might be
considered for repurposing, one of which would be the Diamond Bar Golf Course.
C/Tye agreed with C/Herrera. Shortly after he was elected to the City Council there
was a discussion about a "downtown" area and his vision was to incorporate this
into the General Plan Update. If the area on Diamond Bar Boulevard from Golden
Springs Drive north to the SR57 and from the back of the Mandarin Taste (west
about % mile) and flatten the area (Kmart Center) to make that one property, it
would be about the size of The Shoppes in Chino Hills and it would be something
very dynamic and a terrific financial/revenue engine for the City. If that could be
incorporated to include the shopping center across the street (Diamond Bar
Boulevard) and somehow go under the street to provide immediate access to both
areas there would now be 35-40 acres to repurpose for exciting retail elements that
would attract people on their way to Chino Hills to think about stopping in Diamond
Bar. This concept would be exciting and would give C/Barlas's kids a reason to stay
in and want to be in Diamond Bar and it would give Diamond, Bar a sense of a
"downtown" and a sense of community. Council Members and Commissioners
often hear from the constituents that Diamond Bar does not have a downtown.
There is a center of town but there is no "downtown" and he believes residents
would all like to have a downtown and planning for an opportunity such as this
would be'outstanding.
AUGUST 10, 2016
PAGE 22 GENERAL PLAN JOINT MEETING
M/Lyons said she heard nothing about "country living" so she is thinking that that
part of Diamond Bar no longer exists. With respect to overall vision she believes
economic development is important and safety and education continue to be very
important as well.
MPT/Lin agreed with C/Barlas's comment that kids want to move out of Diamond
Bar. Real Estate folks consider Diamond Bar to be a very expensive residential
community and not too many people can afford to live in this City. Is this the
direction this City wants to go in or does the City want a "downtown" because this
City is very restricted in areas that would be suitable for a "downtown" area. On the
other hand, the golf course might be the place for a Planned Community including
residential areas, offices and other amenities that would create a town center which
is a topic he believes needs to be addressed. That vision may be controlled by the
county so he is not sure it is a vision for Diamond Bar to consider but it is a very
important topic to be addressed by this community.
Chair/Mahlke said when she thought about a vision she was thinking less about
economic development because the City Council has always done a great job
taking care of the residents although she agrees with everything Council Members
have said in terms of making sure Diamond Bar has a place for people to go. She
thinks about multi -generational families and teens who even if they wanted to live in
Diamond Bar would be unlikely they would be able to do so because they would not
likely be able to afford it. When she thinks about an overall vision she thinks about
how Diamond Bar puts "community first" and ways in which the City shows that
vision, some of which is making sound economic decisions and some of which is
embracing education and recreation and culture in ways that are meaningful. She is
not sure what that looks like or how that translates but she thinks it needs to be
within layers of the ways in which the City does a lot of its land uses. When she
thinks of overall vision she thinks of "community priority" and she does not know
what the community wants to have as its priority yet. She believes this City
struggles with "country living" and "access" — residents want their wide open spaces
and we want our Starbucks and want to be able to shop in town and are irritated
that we can't; but, on the other hand, we don't want the traffic that goes along with
that. She believes that sometimes when the City plans it plans for the traffic going
through and not the people who live here and she believes we have to figure out the
balance of what that might look like and hoping that can be done in the General
Plan Update.
VC/Wolfe said he believed that Diamond Bar should be cognizant of its heritage as
a "country" type living place and believes the City should try to look at building
elements that encourage that and encourage more outdoor activity throughout the
entire City. He also believes there are properties like the Lanterman property that
CM/DeStefano mentioned earlier and the Metrolink station are areas where the City
can take advantage of the morphing of society — the demands that the Millennials
AUGUST 10, 2016
!t i,
.1411
PAGE 23 GENERAL PLAN JOINT MEETING
are bringing forward, and build that into the fabric of the community while not
ignoring the City's heritage.
C/Farago said he agrees with VC/Wolfe. He has been thinking about a "downtown"
area because the identity of a community is not just their downtown area, it is all of
the elements. If Diamond Bar built a downtown area now, unless the traffic issue
can be addressed, no one can get to a downtown area. His kids go to The Shoppes
because they can't go anywhere in Diamond Bar, especially when they get out of
school and it is rush hour. So even if there was a downtown area, how would
people get there when one of the most important issues is traffic? Another area of
concern is when certain types of "downtown" elements are brought in they can
attract crime, and as a result, safety becomes an even bigger issue. There are a
number of different areas in Diamond Bar and not one of those areas gives him the
feeling of "country." These areas have changed and when C/Tye talked about the
Kmart he agreed that it needs to be bulldozed. It does not give him the feeling that
he has entered a nice "country/bed room" community. He believes the GPAC will be
very important to see what everybody else feels because while officials tend to look
at things on an economic level other residents tend to look at things on a "lifestyle"
basis. It will be a tough balance and he believes the City has a tough job ahead of
it.
C/Mok said he is an old timer who has been in Diamond Bar since the mid -70's"
and so many times when people have asked him where he lives and he tells them
they look at him quizzically and the only way he can explain it as a sleepy bedroom
community at the junction of the SR57/60 which is all he can say because he
cannot point to any other kind of landmark. He wants to be able to say that and
something else. As earlier mentioned, there was discussion of the Metrolink and
possibly making that a hub for entertainment which made him think about the
ARTIC Commerce Center off of the SR57 in Anaheim maybe on a smaller scale
with restaurants, etc. The phrase "having a downtown" makes him feel
uncomfortable because his definition of a downtown would be multiple streets
forming some sort of urban area with multiple uses. He prefers the phrase Town
Center better which makes him feel more comfortable. He would like to see some
sort of entertainment facility at the Town Center such as a La Habra or Brea type
playhouse. In short, he would like for Diamond Bar to be a destination and not just
a place to sleep.
C/Barlas agrees with C/Mok that Diamond Bar should be more than just a bedroom
community but since she has talked with a lot of different groups she is really
looking forward to the GPAC because they are the ones that will be defining the
City's vision.
U I
AUGUST 10, 2016
What are the greatest opportunities and challenges you see in achieving that
vision?
C/Herrera felt the greatest opportunities toward achieving the vision were within the
City limits such as open space areas like Tres Hermanos. The greatest challenges
she sees are a lot of what the City would like to see is being controlled by
somebody else — another government entity or another city. The City of Industry
owns all of Tres Hermanos but some of it is within Diamond Bar's City limits. The
Golf Course is owned by Los Angeles County but it is within Diamond Bar's City
limits. Diamond Bar would like to repurpose the old Diamond Bar Honda site which
is owned by a developer who would like to see other things provided by the City of
Diamond Bar. And so reaching agreements with these other individuals and entities
will be a challenge. Once Diamond Bar gains control and access, getting
community support is probably going to be a challenge so it will be important to
"sell" the new vision that is being formulated and sell the reasons why it is wanted
and needed for Diamond Bar's future.
C/Tye felt the opportunity was with the GPAC looking at the opportunities to
repurpose properties like Diamond Bar Boulevard, Golden Springs Drive, Gentle
Springs Lane to the freeway including the Smart & Final and CVS area. Areas like
the pad by the Diamond Bar Center as identified by the Mayor and different areas
that there is an opportunity to add amenities and be able to afford them. He
believes the biggest impacts result from regional traffic. If he could take the Mayor
and City Manager and go to the headquarters of Lazy Dog Caf6 and Wood Ranch
and Trader Joe's and others that would make great amenities to the community that
everyone is clamoring for and get them to come here they would say they already
have one in Brea and in Chino Hills. When the City Council campaigned for a
Trader Joe's three cities were considered, two of which got a Trader Joe's and
Diamond Bar did not. The biggest challenge is that the window is closing as other
nearby communities add those amenities and Diamond Bar will remain a bedroom
community if it does not pay closer attention to the opportunities which is a huge
challenge.
M/Lyons agreed with C/Herrera and C/Tye and said she had nothing further to add.
MPT/Lin said that one of the opportunities is that Diamond Bar has a lot of buying
power and to have a high quality commercial development should not be an issue
for the City. The challenge is, where can the high quality commercial developments
be built when there is no space. In looking at the Sphere of Influence area, those
are incorporated areas and maybe there is an opportunity to annex that entire area
and create a town center like the one Chino Hills built around its City Hall. It has
rT-1
L�J
AUGUST 10, 2016 PAGE 25 GENERAL PLAN JOINT MEETING
become a destination for people who live there. He envisions a well-planned town
center which he feels would be ideal. Also, any successful economic development
will require a private and public partnership. Diamond Bar will have to put some
money toward attracting those people to come into the area.
Chair/Mahlke felt that one of the City's greatest opportunities, because it is limited
on land, is to be innovative and because we strive to find the balance for our
community and for the idea that we want to sort of view it as country living and at
the same time be a hub of activity gives Diamond Bar the opportunity to not be like
Chino Hills or Anaheim Packing House but decide what we want Diamond Bar to be
and make them want to be like Diamond Bar. If the City Council picks a great
GPAC that can look at being innovative and not just sit around and say "we want
another Shoppes" because if that is the decision it will not look good on Diamond
Bar and will not serve Diamond Bar well. The traffic is here, the people are here
and the community support is here. We just have to figure out an innovative way to
make the opportunities available and we will stand on our own. The challenge is
"we have, to figure it out."
VC/Wolfe said that with respect to opportunity Diamond Bar has had solid
leadership since incorporation and the City has a great staff and he believes there is
great opportunity that can be derived from that. On the challenge side of the
equation is "traffic." This community suffers because of the confluence of the
SR57/60 with four counties coming to this City. People come from one county to
the other to work and recreate which is a problem for Diamond Bar because the
SR57/60 cannot handle the capacity. It really doesn't matter what Caltrans or LA
Metro do to try and improve that, or what OCTA does to the south of Diamond Bar
to improve that, there will be continued growing demand in this region. SCAG has
forecasted huge growth in this region by 2050 and so Diamond Bar has to recognize
that and there are probably other things that need to be looked at such as
CM/DeStefano's suggestion that Diamond Bar not widen its own arterials so as not
to attract some of that demand onto the City streets. Unfortunately, the demand will
continue because of where Diamond Bar is situated which is a real challenge for the
City, which includes the increased port activity in the next few years, most of which
will hit Diamond Bar hard because most of that port traffic traverses the SR60.
SCAG wants an arterial route that parallels the SR60 or converting lanes on the
SR60 to be dedicated truck lanes which will impact Diamond Bar. Traffic is a huge
problem for this community that will be a detractor long-term if a solution cannot be
determined.
C/Farago said that where he comes from, the greater the challenge, the greater the
creativity and the greater the opportunities. Between staff, Council and Commission
this City has some very creative people and it will all come down to the people who
are chosen to serve on the GPAC. We need some very creative and dynamic
people that are going to come up with some of these ideas. For him, the challenge
AUGUST 10, 2016
PAGE 26 GENERAL PLAN JOINT MEETING
is time and Diamond Bar is running out of time to do a lot of things it wants to do
because of everything that is going on around this City which is largely beyond the
control of Diamond Bar. What he does not want to see is folks who are indecisive,
procrastinating and not being clear thinkers who get out and move forward because
if everything comes to a standstill opportunities will pass by and the opportunities
will be limited as a result.
C/Mok said he echoes everyone's comments, especially those about traffic because
Diamond Bar is at this confluence and there does not appear to be any Big Fix right
now. He is surprised about not hearing from PWD/Liu but he gives the Public
Works Division accolades because of their work in DC to let them know that
Diamond Bar needs the money to get this immense issue fixed. He believes that
officials need to be cognizant of the public response when discussing all of these
issues. Just listening to certain comments from the podium during City Council
meetings and public comments, people are really concerned about the General
Fund. They are happy the City has this extra money but they want to know where
every dollar is spent. The City needs to be very careful about its plans and how it
keeps the public in the loop. While it is important to continue to be fiscally
responsible and prudent, it is also important to have a vision to help the City grow
and prosper.
C/Barlas said the greatest opportunity she sees is that the City has a very active
community. Everybody has strong opinions. In a way that presents a good
opportunity but the challenge will be how to balance that with what is in the best
interest of the entire community.
What specific issues (topic or area) would you like to see the General Plan
address?
C/Herrera said that some of the things that she would like to see addressed in the
General Plan have been covered.
C/Tye agreed. Most everyone will likely reiterate the traffic issue
M/Lyons said that her issues have been addressed.
MPT/Lin said that he was looking at the elements of the General Plan one other
item he believes is critical to the City is the Open Space and Parks and the General
Plan should address the City's needs and demands of the City with regard to those
issues.
Chair/Mahlke said that Ms. Martin alluded to Chair/Mahlke's specific issue when she
commented that other cities had included historical preservation which she believes
is essential to the consideration of finding the balance of city living and current
AUGUST 10, 2016
PAGE 27 GENERAL PLAN JOINT MEETING
millennial needs and because this community has such an active Historical Society
she feels it would be worthwhile to determine if the GPAC found it worthy of
inclusion in the General Plan.
VC/Wolfe said that if there is town center or community place he believes it is
important that the discussion carefully consider where such a location would be
located. There has been discussion about the Kmart area but the transit
connectivity exists to the south and west of that location. And the only way there will
be success in building something that attracts people from outside the community
as well as from within the community has to have a robust transit connectivity and it
will have to be linked to the Metrolink facility, even with their limited slots, although
that is expected to change. Transit has got to be an important component of what is
proposed moving forward.
C/Farago — No comment.
C/Mok asked staff to be sure to get input from the schools in the area.
CM/DeStefano mentioned that property values in Diamond Bar are very high and
one of the main reasons, he believes, is because of the schools. Many residents
buy in Diamond Bar because of its schools.
C/Barlas — Nothing to add.
C/Tye asked if as a matter of this process the document would be sent to schools
and surrounding communities.
Ms. Martin emphasized that the community input begins now. This is community
input now and this process will seek input not just from the Council, Commission,
other Commissions, community members on the plan after it is written, input will be
sought before the plan is written so that it is written on the basis of that input. With
respect to the formal public comment period, the only formal comment public period
that is actually required by law is on the Environmental document which demands a
45 -day circulation period in which the document will sit out in public view so that
people like Caltrans, community members and anyone else can write a letter on the
content and findings of the environmental document and the City is obligated to
respond to them. But for how long and by what means the City Council chooses to
circulate the Draft General Plan or any other interim documents that arrive before
that is complete, is up to the Council. She and her colleagues will do their best to
seek input on all of those ideas, get people's opinions on different options and
develop the details of those different options and opinions.
Ms. Martin thanked the City Council. She believes this has been a really great
meeting and she definitely benefited from hearing from everyone and hoped that
Yr
AUGUST 10, 2016 PAGE 28 GENERAL PLAN JOINT MEETING
they had benefited from hearing from each, other as well. She looks forward to
working with everyone and she is excited to move forward.
M/Lyons thanked Ms. Martin.
CM/DeStefano said that staff really appreciates Ms. Martin and her team and look
forward to working with them. Staff is very excited about moving forward with this
update. This is not the sexiest topic the Council will ever have. This is a three-year
project but it is probably the most important project that the 10 people involved will
engage in. The Planning Commission will be working through the recommendations
from the GPAC, having their Public Hearings and making their decisions and
recommendations to the City Council is a critical part of the Planning Commission's
role. Everything that this City is and does feeds off of the General Plan. It will be
the most important policy document the Commission is involved in that the City
Council weighs in on and makes a decision about and it is going to be extremely
challenging. The Commission will have to weigh differing opinions and determine
what is in the best interest of the City 20 years from now. There will be interest in
parks, traffic mitigation and dealing with things not mentioned like aging
infrastructure, how it will be replaced and where will the money come from to do so.
Diamond Bar is a great place as a result and the effectiveness of the proven value
of incorporation and this City is blessed with great schools and a great physical
environment. This City remains a very, very good and popular place to be which is
why the property values are so high. The Commission and Council will want to
maintain all of that and balancing all of these interests overtime is going to be really
challenging and how the City captures the opportunities. While Diamond Bar will be
bombarded by traffic maybe it wants some of those folks to stop and buy something
in Diamond Bar. And if this City gets those businesses that are not easily
accessible online, it will be better than what is available today. As the discussion
has begun about potential opportunities to create potential town centers and own
towns and projects that provide the City with that fiscal reward the golf course
screams as that location. All opportunities must be carefully considered but that is
one that screams to be something other than a golf course. As work continues that
may become the focus or other alternatives may be found which goes back to the
opportunities and issues that have to be balanced. It is not going to be easy but it
will be some of the most rewarding moments and whether in 10 or 15 years you are
still in Diamond Bar or not you will know you played a role in what did occur over
that course of time. Welcome to the next couple of years in your life and become
fully engaged in the process because it will be rewarding.
3. PUBLIC COMMENTS: None Offered.
AUGUST 10, 2016 PAGE 29 GENERAL PLAN JOINT MEETING
ADJOURNMENT: With no further business before the joint session, M/Lyons
adjourned the Special Joint Meeting at 8:12 p.m.
The foregoing minutes are hereby approved this day of
Nancy A. Lyons, Mayor
Jennifer Mahlke,
Planning Commission Chair
,2016.
Tommye Cribbins, City Clerk
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
MINUTES OF THE CITY OF DIAMOND BAR nf':- i
MEETING OF THE PLANNING COMMISSION
71AF7
AUGUST 23, 2016
Acting Chair/Wolfe called the meeting to order at 7:02 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Farrago led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Naila Barlas, Frank Farago, Ken Mok and Vice
Chairperson Raymond Wolfe
Absent: Chairperson Jennifer Mahlke was excused.
Also present: Greg Gubman, Community Development Director; James Eggart,
Assistant City Attorney; Grace Lee, Senior Planner; Mayuko Nakajima, Associate
Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Cindy Smith asked what the designation of Low Medium Residential (RLM) with an
underlying General Plan land use designation of Low Density Residential (RL) means.
She believes that in accordance with the current General Plan (1995) it means that the
neighborhood or residence is currently at the RL zoning but that a project such as the
one being considered this evening would change the zoning to RLM.
CDD/Gubman responded to the speaker that the General Plan has a land use map that
is a broad depiction of where various land uses will be arranged. There are residential
land use designations and within the residential land use designations there are the
RL/RR and other sub -designations that would specify the density ranges. The Zoning
provides more specific development standards within those General Plan categories. In
the case of tonight's public hearing the General Plan designation is RL and the Zoning
is RLM which means that in this situation the Zoning designation is not consistent with
the underlying General Plan designation but the subdivision is developed and the
density is what it is and it will not change. So the Zoning is what is looked at to determine
what this specific development's standards would be, such as what the setback is, how
far from property lines the structure can be, what percentage of the lot can be covered
within that Zoning District, which will establish the development parameters for
construction or modifications to existing developments. As Ms. Smith pointed out, the
General Plan designation is inconsistent with the zoning which occasionally happens.
Fortunately, the City is in the process of doing a General Plan Update which will tune-
up these inconsistencies. In the meantime, for the purpose of looking at existing
development within an existing subdivision the Commission is focused on the Zoning
Development Standards.
AUGUST 23, 2016
3.
CSI
PLANNING COMMISSION
Ms. Smith said it sounds like what is happening in neighborhoods such as the one she
lives in were zoned RL and over the years there have been many projects occurring in
the neighborhood and as these projects continue it increases the density of the
neighborhood and after a time, the City is out of consistency with the General Plan. Will
the General Plan be updated to match the incremental density the City has been adding
all of these years?
AC/Wolfe said that for the most part the City is already built out and the density is what
it is. In some communities such as "The Country Estates" for example, there were
zoning requirements for what the land use was going to be and what Ms. Smith is
experiencing is parcels being built on that that had not previously been built on.
Ms. Smith said it would be better to call it a "densification" — a fattening of all of the
existing houses and that is what she is seeing in different neighborhoods. She has
looked at the zoning map and she has noticed in her property that it is RL but now it has
an RLM designation. Her concern is how to intervene and stop "mansionization"
because she believes good planning is supposed to be a proper engagement of that
question and guidance of that project to something consistent with the General Plan.
CDD/Gubman clarified that density as it is defined within the lexicon of planning
terminology is the number of dwelling units per acre. Adding onto a house, tearing down
and rebuilding a house does not change the density. If an applicant proposed to
subdivide land, in that situation there would be a potential conflict between the zoning
and the General Plan and either the Zoning would have to be amended to conform to
the General Plan designation or vice versa. But it should not be misunderstood that
anybody adding onto an existing house is increasing the density because that is not the
case.
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of July 26, 2016.
C/Farago moved, C/Barlas seconded to approve the Minutes of the Regular
Meeting of July 26, 2016, as presented. Motion carried by the following R611 Call
vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
5. OLD BUSINESS: None
Barlas, Farago, VC/Wolfe,
None
Mok
Chair/Mahlke
AUGUST 23, 2016
PAGE 3
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
PLANNING COMMISSION
7.1 DeveloDment Review and Minor Conditional Use Permit No. PL2016-76 —
Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56,
the applicants requested Development Review approval to construct an
894 square -foot second story addition to an existing 2,316 square foot, one-story,
single-family residence on a 0.27 (11,900 gross square foot) lot. A Minor
Conditional Use Permit was requested to allow a second story addition to an
existing nonconforming structure with an existing west side setback of 9 feet 2
inches (9' 2") where 10 feet is required. The subject property is zoned Low
Medium Residential (RLM) with an underlying General Plan land use designation
of Low Density Residential (RL).
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
1456 Indian Well Drive
Diamond Bar, CA 91765
Ayubur and Dil R. Rahman
1456 Indian Well Drive
Diamond Bar, CA 91765
AP/Nakajima presented staff's report and recommended Planning Commission
approval of Development Review and Minor Conditional Use Permit No. PL2016-
76, based on the Findings of Fact, and subject to the conditions of approval as
listed within the Resolution.
AC/Wolfe opened the public hearing.
Mr. Rahman, property owner and applicant, stated that he and his family have
been living in Diamond Bar for the past 20 years and based upon their knowledge
of the community and the City and his knowledge and experience as a Civil
Structural Engineer teaching at Cal Poly and USC for many years he and his wife
developed this plan. Over the past couple of months they have worked with the
Planning staff and especially AP/Nakajima in an effort to meet the City's
requirements and they very much appreciate the help and cooperation from staff.
Throughout this process several changes have been made. However, they forgot
to include one item which was a window in the bathroom and asked for
consideration of a standard horizontal small glazed window toward the ceiling.
AC/Wolfe asked the applicant to come to the screen to show the location of the
proposed window on the plan.
AUGUST 23, 2016 PAGE 4 PLANNING COMMISSION
C/Mok pointed out that Exhibit A3 calls out the new bathroom window (item 5).
The applicant said he inadvertently left it off of the plan drawing.
Mr. Rahman further stated that in the package he received in the mail there is
one Condition of Approval that requests him to sign an agreement with the City
indicating that none of the rooms in the house will be rented out which they would
never do and which is clearly stated in the Conditions of Approval. However, this
home is in a residential area and zoned as Single -Family Residential and the
zoning prohibits all citizens living in that area from renting any portion of the
house. In addition, there are several houses in his community which have the
similar development. He requested the City to remove that Condition of Approval
but if,other residents have signed the same kind of agreement, they will do so as
well because there is no issue. As far as he knows, there is no kind of regulation
or rule that requires this kind of agreement for this type of development. And they
were wondering why the City would be imposing this kind of condition on them.
AC/Wolfe asked Mr. Rahman if it helped him to know that when he added on to
his house eight or nine years ago, he too had to sign that very same agreement.
Mr. Rahman said, oh, perfect. C/Barlas also added that she too had to sign such
an agreement regarding her property. Mr. Rahman said they are so happy that
they are not being singled out. He agreed to the Condition saying it was so easy
for them to sign the agreement. He again said he appreciated all of the help they
had received from the City.
AC/Wolfe thanked the Rahman's for being long-time residents of the City.
AC/Wolfe asked staff if the Minor Conditional Use Permit was addressed in 2010
when there was an addition to this house. AP/ Nakajima pointed out that the
2010 MCUP was limited to the ground floor and there is an exception in the Code
that states that whenever there is an addition limited to the ground floor and it
continues the same building line they do not need a new MCUP. However, in
this case, they are building up.
VC/Wolfe closed the public hearing.
VC/Wolfe moved, C/Mok seconded, to approve Development Review and Minor
Conditional Use Permit No. PL2016-76, based on the Findings of Fact, and
subject to the conditions of approval as listed within the Resolution with the
requested change to add a frosted window on the second floor in the bathroom.
Motion carried by the following Roll Call vote:
AYES: Barlas, Farago, VC/Wolfe, Mok
None
Chair/Mahlke
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
AUGUST 23, 2016 PAGE 5 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMM ENTS/INFORMATIONAL ITEMS:
C/Mok said that during the joint City Council and Planning Commission General Plan
Kickoff meeting, he was extremely impressed by the professionalism of everyone on the
General Plan Update committee and he looks forward to working with the City Council
and staff in pursuing this three year project.
AC/Wolfe offered that he too was impressed with the consultant team and that he was
also looking forward to working with the City Council and staff on the three year General
Plan Update.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearinq dates for future projects.
CDD/Gubman noted that at this time there was one item scheduled for the
September 13 Planning Commission agenda, which was the Massage Ordinance
requiring massage businesses to apply for a Conditional Use Permit.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
AC/Wolfe adjourned the regular meeting at 7:30 p.m.
The foregoing minutes are hereby approved this 13th day of September, 2016.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Raymond Wolfe, Acting Chairperson
SPIN
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
MEETING DATE: September 13, 2016
Development Code Amendment Planning Case
CASE/FILE NUMBER: No. PL 2015-205
PROJECT LOCATION: Citywide
To amend the following in the Diamond Bar Municipal
APPLICATION REQUEST: Code ("Development Code") regarding regulations on
massage establishments, as well as revise the land
use provisions for tattoo parlors to be consistent with
recent case law: Title 22 — Sections 22.10.030,
22.30.040, 22.42.020, and 22.80.020.
APPLICANT: City of Diamond Bar Community Development
Department
STAFF RECOMMENDATION: Adopt the attached Resolution recommending the City
Council approve Development Code Amendment
Planning Case No. PL 2015-205
This proposed amendment to the Development Code would restore Diamond Bar's
authority to require approval of a conditional use permit (CUP) prior to the licensing of any
new massage establishment proposed within the City.
In addition, this proposed Development Code Amendment would amend the City's
regulations pertaining to tattoo parlors in order to conform to current case law.
As a separate, but related matter, staff has also drafted new business licensing regulations
pertaining to massage establishments and their operations. Business licensing regulations
(Title 5 of the Diamond Bar Municipal Code) are not subject to Planning Commission
1188991.1
review prior to City Council consideration; nonetheless, the draft revisions to Title 5 are
attached to this report (Attachment 2) for the sake of context.
Prior to January 1, 2009, cities and counties were able to regulate all massage
establishments by imposing land use and business licensing controls to address local
concerns associated with these businesses. Regulations focused largely on efforts to
prevent the establishment of fronts for prostitution and other illicit activities. Diamond Bar
required each proposed massage establishment to obtain approval of a CUP from the
Planning Commission, and all owners and technicians to undergo background
investigations prior to obtaining business licenses. Moreover, the City required adherence
to strict attire, sanitary and business hour requirements.
In recent years, legitimate, and often upscale, franchise massage businesses have risen in
prominence and have sought to improve the public's perception of the massage industry by
lobbying for the creation of a certification process which demands that massage
practitioners are held to high professional standards. Their lobbying efforts led to the
Governor's signing of SB 731, which went into effect on January 1, 2009. The League of
California Cities described SB 731 as an effort "to professionalize the (massage) industry
by creating uniform standards for massage practitioners and therapists, with the idea that
the massage industry should be treated 'no better and no worse' than any other
professional service provider."' In 2010, the Governor signed AB 619, which clarified the
scope and applicability of specified provisions of SB 731.
SB 731 and AB 619 established a voluntary certification process for massage
professionals, and provided for the creation of a new non-profit corporation, the California
Massage Therapy Council ("CAMTC"), to administer the certification process. Under
specified circumstances, these laws also preempted cities and counties from imposing
many of their land use controls pertaining to the regulation of massage establishments.
Specifically, these laws mandated that a local agency's regulation of massage
establishments "shall be no different than the requirements that are uniformly applied to all
other individuals and businesses providing professional services," provided that such
massage establishments are either owned by CAMTC-certified massage professionals, or
employ only CAMTC-certified massage professionals. In doing so, these laws prohibited
Diamond Bar and all other California jurisdictions from imposing regulations on CAMTC-
certified massage establishments which were more restrictive than the regulations imposed
on medical practitioners, attorneys, insurance agents, real estate agents, financial
planners, or any other type of professional service provider.
Since the enactment of SB 731 and AB 619, jurisdictions have seen an increase in the
number of massage establishments as a whole, as well as an increase in illicit massage
establishments which engage in prostitution and human trafficking. The increase in such
illicit activity is, in staff's opinion, largely due to lack of local control in the permitting of such
uses, as well as fundamental flaws in CAMTCs organizational structure, certification
I Western City, March 2014, pp. 10-11 (westemcity.com)
2
1188991.1
criteria and enforcement practices. San Gabriel, Huntington Beach and many other cities
have experienced an alarming increase in massage establishments, which in turn have
placed increased burdens on their law enforcement agencies.2 Diamond Bar saw its
number of massage establishments increase from four to 15. Moreover, the City was
compelled to permit at least seven massage establishments to open simply on the basis
that the owners and/or massage technicians were CAMTC certified. Assemblywoman
Susan Bonilla described SB 731 and AB 619 as laws "that had serious unintended
consequences, with bad actors masquerading as legitimate massage professionals
exploiting loopholes in current law to insulate themselves against the ability of local
governments and law enforcement to shut them down."
In response to the rapid proliferation of massage establishments and the impacts directly
associated with them, cities, counties, elected representatives, law enforcement agencies
and the League successfully advocated for more carefully crafted legislation. On
September 18, 2014, the Governor signed into law AB 1147 (Bonilla), which, upon its
effective date of January 1, 2015, replaced SB 731 and AB 619 in their entirety. The new
law restores significant local land use authority over massage establishments by removing
SB 731's broad state preemption of local massage ordinances and gives local
governments greater authority to enact reasonable regulations to manage massage
establishments in the best interests of the individual community, including restoring the
authority to impose regulations on massage establishments that do not apply to other
professional service providers. While the CAMTC and the voluntary certification provisions
remain intact, there were a number of important changes, including the restoration of local
land use authority to regulate massage establishments separately from the manner in
which they regulate other professional service providers.
AB 1147 further mandates significant reforms to the organization and composition of the
CAMTC Board to include representatives from the League, the California State Association
of Counties, and the California Police Chiefs Association.
Interim Urgency Ordinances/Moratorium
On January 6, 2015, immediately following the passage of AB 1147, the City Council
adopted Interim Urgency Ordinance No. 02 (2015), placing a temporary ban on the
establishment, expansion or relocation of massage establishments Citywide. The interim
urgency ordinance was adopted to allow staff to study AB 1147, and draft amendments to
the Diamond Bar Municipal Code pertaining to the regulation of massage establishments
that are consistent with the new law. The ordinance was subsequently extended to provide
staff with additional time to study the matter. The moratorium is set to expire on January 4,
2017.
City staff, in cooperation with the Sheriffs Department and the City Attorney's Office, used
this time period to research and develop an ordinance that administers reasonable
regulations to manage massage establishments in the best interests of the community.
2 Ibid, p. 11
3
1188991.1
Obiectives
AB 1147 went into effect on January 1, 2015. Generally, by dividing responsibility for
massage regulation between the State (regulating the certification of massage
Professionals through CAMTC) and local governments (regulating massage businesses
through their land -use authority and business licensing regulations), AB 1147 closed the
gap in existing law.
Pursuant to state law, CAMTC can regulate massage technicians in order to protect the
public. Local governments can regulate businesses through their land -use authority. A
discretionary permit, such as a CUP, enables local governments to place conditions on the
business to ensure that the massage establishment will be operated in its intended
[HPINWIM
Adoption Process
Before the City Council may adopt an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
As noted earlier, the proposed amendments to the Municipal Code also include changes to
Title 5 (Business Licensing). Although changes to business licensing provisions contained
in Title 5 of the Municipal Code are not subject to review by the Planning Commission, a
copy of the proposed revisions to Title 5 is included as Attachment 2 for
reference/informational purposes only. The following information describes the proposed
amendments to Title 22 of the Municipal Code.
Proposed Development Code Amendments
Section 22.10.030 — Commercial/industrial district land uses and permit
requirements (Tables 2-5 and 2-6).
o Massage Establishments
As stated above, when SB 731 became effective, the City was forced to exempt CAMTC-
certified massage establishments from its CUP requirements. The proposed changes to
Title 22 reinstate the CUP requirements, and massage establishments will be limited to the
C-2 (Community Commercial) and C-3 (Regional Commercial) zones with the approval of a
CUP. Attachment 4 identifies properties within the City that are zoned C-2 and C-3.
Massage establishments are proposed to be limited to the C-2 and C-3 zones because
these zoning districts provide for a wider range of personal service-oriented commercial
businesses and are usually located along major activity corridors. It is proposed that new
4
1188991.1
massage establishments not be permitted in the C-1 (Neighborhood Commercial) zone
because many C-1 areas are limited in service uses and are often near residential
neighborhoods.
o Tattoo Parlors
Staff recommends that the process of amending the City's massage regulations be used
as an opportunity to concurrently revise the land use provisions for tattoo parlors so that
they are consistent with recent case law.
Presently, there are no tattoo parlors located in the City. However, tattoo parlors are
currently listed as a subcategory of "personal services" and as a use permitted with a
Conditional Use Permit in the OP (Office, Professional), OB (Office, Business), CO
(Commercial Office), C-1, C-2 and C-3 zones. Conditional Use Permit requirements have
been applied to tattoo parlors in recognition of their potential to result in secondary
negative impacts, such as an increase in crime and the sale of illegal drugs immediately
surrounding tattoo parlors and the impairment of the market values and aesthetic and
visual qualities of the properties adjacent to tattoo parlors.
In 2010, the 9th Circuit Court of Appeal rule, in Anderson v. City of Hermosa Beach, that
the City of Hermosa Beach's total prohibition on the establishment and operation of tattoo
parlors within the city was unconstitutional, and that cities may only impose reasonable
"time, place, and manner" regulations on such activities. The Ninth Circuit held, as a
matter of first impression, that a tattoo itself, the process of tattooing, and the business of
tattooing are pure forms of expression fully protected by the First Amendment to the United
States Constitution, and that the City of Hermosa Beach's total ban on tattoo parlors was
not a reasonable "time, place, or manner" restriction. The 11th Circuit recently reached a
similar conclusion in Buehrle v. City of Key Wes. The City's current zoning regulations,
which apply a conditional use permit requirement to all tattoo parlors seeking to locate in
the City, could be called into question in light of these recent decisions. Therefore, staff is
proposing that tattoo parlors be permitted by. right in the C-3 zone, but be prohibited in all
other zoning districts in the City. The C-3 zone was chosen because properties under this
designation are located on major intersections within the City and are near other service-
oriented uses. Staff believes that the C-3 zoning district affords sufficient opportunities
should a tattoo parlor seek to locate in the City in the future.
Section 22.30.040 — Number of parking spaces required
A minor terminology clarification in Table 3-10 is proposed. No substantive changes to the
parking requirements for personal services are proposed.
Section 22.42.020 — Adult-oriented businesses.
The term "massage parlor" is proposed to be removed from the minimum
location/separation requirements for adult-oriented businesses. AB 1147 prohibits
jurisdictions from defining a massage establishment as adult entertainment, or otherwise
regulating a massage establishment as adult entertainment.
R
1188991.1
Section 22.80.020 — Definitions of specialized terms and phrases.
A definition for the term "massage establishment" is proposed to be added. The proposed
new definition would simply refer the reader back to the definition of "massage
establishment" in Title 5. The term "acupressure" is proposed to be removed from the
"personal services" definition, as this type of service is proposed to now be subsumed
within the definition of "massage establishment." Finally, the term "massage therapy" is
proposed to be changed to "massage" for consistency purposes.
Existing Massage Establishments:
There are currently 10 permitted massage establishments operating in the City. Nine of
these 10 massage establishments are located in either a C-2 or C-3 zone (the massage
establishment at 2707 S. Diamond Bar #101 is located in the Office Park (OP) zone), but
only two currently possess a CUP. Thus, upon adoption of the proposed Development
Code amendments, eight of the existing massage establishments will be considered "legal
nonconforming" uses pursuant to Chapter 22.68 (Nonconforming Uses, Structures, and
Parcels) of the Diamond Bar Municipal Code and will be entitled to continue to operate at
their existing locations without a CUP so long as the massage establishment use is not
enlarged or intensified. Attachment 3 lists the existing 10 massage establishments in
operation.
AlklITJ I ;T-011,11, I ITi I =1 Lit r-11 RAWTA I
The City has determined that the proposed Development Code Amendment is not subject
to the California Environmental Quality Act ("CEQA") because it can be seen with certainty
that the proposed Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA
Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment
(Section 15061(b)(3) of the CEQA Guidelines) and does not apply to organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). The proposed
Development Code Amendment merely limits the zoning districts in the City in which
massage establishments and tattoo parlors may be located and establishes permitting
requirements for these uses, but does not expand the areas in the City in which such uses
may be established. The changes provide the City with the authority to better regulate
these businesses, and the regulatory changes will not create any environmental impact.
Therefore, no further environmental review is required.
Notice for this hearing was published in the Inland Valley Daily Tribune and San Gabriel
Valley Tribune newspapers on September 2, 2016, in a 1/8 page display, and mailed to all
existing massage establishments. Pursuant to Planning and Zoning Law Government
Code Section 65091(a)(4), if the number of property owners to whom a public hearing
6
1188991.1
notice would be mailed is greater than 1,000, a local agency may provide notice by placing
a display advertisement of at least 1/8 page in one newspaper of general circulation. A
copy of the public notice was also posted at the City's three designated community posting
sites.
N A A IOTI 9, TZ FAN-ATTIN Ke -I Z, P
Staff recommends that the Planning Commission adopt a Resolution recommending
approval of Development Code Amendment No. PL2015-205 to the City Council.
Prepared by:
Mayuko Nakajima
Associate Planner
Reviewed by:
Greg Gubman, AICP
Community Development Director
UrIPM17#717",
Prepared by:
Grace 97"Tee
Senior Planner
1. Draft Resolution of Approval No. 2016 -XX
2. Redline of Proposed Changes to Title 5: Business Licensing (For information
only)
3. List of Existing Massage Establishments
4. Map of C-2 and C-3 Zoning District
5. Redline of Proposed Changes to Title 22: Development Code
7
1188991.1
Attachment 1
1. There is substantial research that indicates that skillful practice of
massage can provide many health benefits, including relief of pain from
disease, injury and other sources, and that massage can be a valuable
component of a wellness program.
2. In 2008, the California Legislature passed SB 731 which added a new
Chapter 10.5 to the California Business and Professions Code which
provided for the formation of a nonprofit Massage Therapy Organization to
oversee a state -sanctioned program of voluntary certification for massage
practitioners so that such persons could avoid being required to obtain
local massage permits.
3. In compliance with SB 731, the City of Diamond Bar amended Chapter 22
of the Diamond Bar Municipal Code.
4. The changes that the City was required to make in compliance with
SB 731 and the subsequent amendments thereto severely limited the
manner in which the City could regulate massage establishment
businesses.
5. Prior to SB 731, the City required conditional use permits for massage
establishments and at the time of SB 731's effective date, the City had
four massage establishments.
6. Since the passage of SB 731 the number of massage establishments in
Diamond Bar has grown from four to fifteen, and currently ten massage
establishments are in operation in the City.
7. The proliferation of massage establishments without adequate regulations
has had many negative impacts in the City, including, but not limited to,
the proliferation of illicit businesses and impacts on City services.
8. SB 731 had a sunset date of January 2, 2015.
9. In September 2014, the Legislature adopted AB 1147, amending the laws
enacted by SB 731 and the various amendments thereto.
10. The purpose of AB 1147 was to restore much of the local control and land
use authority to local governments which had been usurped by SB 731
and the various amendments thereto.
11. On January 6, 2015, the City Council adopted Interim Urgency Ordinance
No. 02 (2015), prohibiting the establishment, expansion or relocation of
massage establishments Citywide for a period of 45 days. The urgency
ordinance was subsequently extended 10 months and 15 days on
February 3, 2015, and again for one year on December 1, 2015.
12. The City is presently developing proposed amendments to Title 5 of the
Diamond Bar Municipal Code in order to make changes in its regulation of
massage establishment businesses and the practice of massage
consistent with AB 1147 in order to protect the public.
13. In conjunction with the proposed amendments to Title 5 pertaining to the
regulation of massage establishments, the City desires to amend Title 22
of the Diamond Bar Municipal Code in order to revise the City's
regulations pertaining to the permissible locations and permit
requirements for massage establishments.
14. There are no tattoo parlors currently located in the City; however, it is
recognized that the establishment of tattoo parlors in the City has the
potential to result in secondary negative impacts, such as an increase in
crime and the sale of illegal drugs immediately surrounding tattoo parlors
and the impairment of the market values and aesthetic and visual qualities
of the properties adjacent to tattoo parlors. Accordingly, the City also
desires to amend Title 22 of the Diamond Bar Municipal Code to provide
that tattoo parlors shall be a permitted use in the C-3 zoning district. The
C-3 zoning district will afford sufficient opportunities should a tattoo parlor
seek to locate in the City in the future and is an appropriate zoning district
for tattoo parlors to be established in because properties within this zoning
designation are located on major intersections within the City and are near
other service-oriented uses.
15. Pursuant to Government Code Section 65090 and 65353, a notice of at
least 1/8 page display was published in the Inland Valley Daily Tribune
and San Gabriel Valley Tribune newspapers on September 2, 2016, a
copy of the public notice was posted at the City's three designated
community posting sites, and notified the existing establishments by mail.
16. The City has determined that the proposed Development Code
Amendment is not subject to the California Environmental Quality Act
("CEQK) because it can be seen with certainty that the proposed
2 Planning Commission No. 2016-xx
1188992.1
Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment
(Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is
covered by the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment
(Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to
organizational or administrative activities of governments that will not
result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines). The proposed
Development Code Amendment merely limits the zoning districts in the
City in which massage establishments and tattoo parlors may be located
and establishes permitting requirements for these uses, but does not
expand the areas in the City in which such uses may be established. The
changes provide the City with the authority to better regulate these
businesses and the regulatory changes will not create any environmental
impact. Therefore no further environmental review is required.
17. On September 13, 2016, the Planning Commission held a duly noticed
public hearing regarding the proposed Development Code Amendment
reflected in the draft ordinance attached hereto as Exhibit "A" and
incorporated by reference into this Resolution, and duly considered all
public testimony, evidence, and staff analysis.
18. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
19. All legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
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. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. PL 2015-205 by adopting the
amendments to Title 22 of the Diamond Bar Municipal Code described in
the draft ordinance attached hereto as Exhibit "A" and incorporated herein
by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
3 Planning Commission No. 2016-xx
1188992.1
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2016 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
0
Jennifer Mahlke, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 13th day of September, 2016, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Greg Gubman, Secretary
1188992.1
4 Planning Commission No. 2016-xx
Exhibit "A"
WHEREAS, on September 13, 2016, the Planning Commission held a duly
noticed public hearing regarding proposed amendments to the Development Code
pertaining to massage establishments and tattoo parlors, Planning Case No. PL 2015-
205, and adopted Resolution No. 2016 -XX recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on 1 2016, the City Council held a duly noticed
public hearing regarding the proposed Development Code Amendments; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") because it can be seen with certainty
that the proposed Development Code Amendments will not result in a direct or
reasonably foreseeable indirect physical change in the environment (Section
15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule
that CEQA applies only to projects that have the potential for causing a significant effect
on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply
to organizational or administrative activities of governments that will not result in direct
or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA
Guidelines); and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2016 -XX, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses in the office professional (OP), office business park (OB), and commercial
office (CO) zoning districts and to clarify that all other types of "personal services" land
uses are permitted uses in such zoning districts (deletions in strikethFowo text;
additions in bold/underline text):
1188993.2
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE
ZONING DISTRICTS
IIIIIIIIIIIIIFTIM1111
R•0 nzm�
----
Personal services excluding
C-3
I
See
Sw
massagge establishments and
OEM
tattoo Darlors
Standards in
wal 1 Rv M -
Section:
Notes:
SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses in the in the neighborhood commercial (C-1), community commercial (C-2),
and regional commercial (C-3) zoning districts; that "massage establishments" are a
conditionally permitted "personal services" land use in the community commercial (C-2)
and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a
permitted "personal services" land use in the regional commercial (C-3) zoning district
(deletions in stFikethFou text; additions in bold/underline text):
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
LAND USE
C-1
C-2
C-3
I
See
Sw
Standards in
Section:
SERVICE USES
Personal, services
5.08.070,
- AGUPres suFe-,
22.42.077
massage th--11
tattee paFl-.
UP (6)
CUP ¢6)
CUP {6}
Massage
establishments
Personal
services -
P
—Tattoo parlors
1188993.2
Notes:
SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces
required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as
follows (deletions in stFikethmu text; additions in bold/underline text):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type I Vehicle Spaces Required
Service Uses:
Barber4beauty shops (and ethe 1 space for each 250 sq. ft. of gross
personal seFViGes T- floor area
studies, massage therapy)
Personal services
SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented
businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended
as follows (deletions in stFikethrGu text; additions in bold/underline text:
(6) Location/separation requirements. It is unlawful to cause or allow the
establishment of an adult arcade, adult bookstore, adult cabaret, adult motel,
adult motion picture theater; or adult theater, massage paF!GF within 500 feet of
any other similar adult business, religious institution, school, public park or any
property designated for residential use or used for residential purposes.
SECTION 5. Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for "massage establishment" and to revise the definition
of "personal services" (deletions in strikethrou text; additions in bold/underline text):
(m) Definitions, W." The following definitions are in alphabetical order:
Massage establishment A business engaging in massage
services pursuant to the provisions set forth in section 5.08.070.
(p) Definitions, "P." The following definitions are in alphabetical order:
Personal services. Establishments providing nonmedical services to
individuals as a primary use, including:
AGUpress pro
Clothing rental
Dry cleaning pick-up stores
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
Tailors
Tanning salons
Tattoo parlors
These uses may also include accessory retail sales of products related to
the services provided.
SECTION 6. Any land use constituting a "massage establishment" as
defined in Section 5 of this Ordinance that was legally established and operating with a
valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar
Municipal Code, and all other required City permits or approvals prior to the effective
date of this Ordinance, and that is made nonconforming by this Ordinance because no
approved Conditional Use Permit for the use exists and/or the use is not located in a
zoning district in which such a use is permitted pursuant to the provisions adopted or
amended by this Ordinance, shall be considered a nonconforming use subject to the
provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22
of the Diamond Bar Municipal Code; provided, however, that all such nonconforming
uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code,
as amended.
SECTION 7. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had
been declared invalid or unconstitutional.
1188993.2
SECTION 8. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published once
within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of
general circulation, published and circulated in the City of Diamond Bar and shall post a
certified copy of this Ordinance, together with the vote for and against the same, in the
Office of the City Clerk.
SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02
(2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use
permits or business licenses for establishment, expansion, or relocation of massage
establishments Citywide, shall be deemed repealed and of no further force and effect.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Nancy A. Lyons, Mayor
1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of
October 2016, by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
Attachment 2
Title 5 - BUSINESS LICENSINGM
Footnotes:
--- (1) ---
Editor's note—Ord. No. 09(2007), § 1, adopted December 4, 2007, repealed the
former Title 5, §§ 5.00.010-5.200.150, and enacted a new Title 5 as set out herein.
The former Title 5 pertained to business licenses and regulations. See Code
Comparative Table for history.
Cross reference— Revenue and finance, tit. 3; dog licensing, § 6.08.210 et seq.;
licenses for animals other than dogs, § 6.16.010 et seq.; permits for collection of solid
waste, recyclable and compostable materials, § 8.16.410 et seq.; highway permits, §
12.04.110 et seq.; permits relating to sewers and sewage disposal, § 13.00.310 et seq
industrial waste permits, § 13.00.2010 et seq.; utility franchising regulations, §
13.08.010 et seq.
CHAPTER 5.00. - BUSINESS LICENSES GENERALLY
Sec. 5.00.010. - Definitions.
The following words, terms and phrases, when used in this title, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Applicant means a person who has applied for, but not obtained, a business license
or renewal required by this title.
Application means a written request made to the city by the applicant for a business
license or renewal required by this title.
Business means any employment, avocation, occupation, profession, trade, calling,
lawful game, show, exhibition, event, venture, fund-raising activity, commercial
enterprise, company, corporation, joint enterprise, place of business, partnership or other
activity or enterprise engaged in for gain, profit, benefit, advantage, or livelihood, whether
or not a gain, profit, benefit, advantage or livelihood is earned by such business.
Branch establishment means a location where a business is conducted in addition to
its main or fixed place of business.
Business license means a license issued pursuant to this title by which each business
owner having a business or is doing business in the city is required to provide general
information to the city and obtains a license prior to conducting business in the city.
City means the City of Diamond Bar.
Director means the director of community development.
Page 1
Home based business means a business conducted within a residential dwelling unit
or structure, employing occupants of the dwelling unit, with the business activity being
subordinate to the residential use of the property.
Person means and includes any business owner, individual, firm, co -partnership, joint
venture, association, corporation, estate, business trust, or any other group or
combination acting as a unit.
Premises means all lands, structures, places and also the personal property,
equipment and appurtenances connected with or used in any business.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.020. - Purpose.
The purpose of this title is to establish a regulatory mechanism whereby the city may
review the management and ownership of specific types of businesses, maintain an
accurate record of businesses conducting business in the city for statistical purposes and
to assist in zoning compliance. The business license program is not designed to raise
revenue, nor is it a substitute for land use regulations.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.030. - Business license and fee required.
(a) Business license.
(1) No person shall conduct any business in the city without first having obtained a
business license, paid the applicable business license fee and complied with any
and all applicable provisions of this Code.
(2) A separate business license shall be obtained for each business location and for
each separate type of business at the same location.
(3) A home based business shall be required to obtain a business license prior to
conducting business within a residential dwelling unit or on residential property.
(4) Except as otherwise provided in this title, an employee of a business that has
obtained a valid Diamond Bar Business License is not required to obtain a
separate business license.
(5) A business license shall not be issued to a business that requires training or state
licensing for the business owner, or for each technician or employee, until
satisfactory proof of training or licensing is provided to the city. These businesses
include without limitation, barbers, cosmetologists, estheticians and manicurists.
(6) A business license shall not be issued to a business that requires Workers'
Compensation Insurance until satisfactory proof of having Workers'
Compensation Insurance is provided to the city.
(b) Fee required.
Page 2
(1) Every person engaging in business in the city shall pay a business license fee as
prescribed by resolution adopted by the city council.
(2) When a business license fee is imposed upon any business pursuant to this title
and such business is conducted at one or more fixed places of business and one
or more branch establishments, the fee shall be computed as if each fixed place
of business and branch establishment are separate and independent.
(3) The business license fee is not a revenue raising device, but shall bear a
reasonable relationship to the costs incurred by the city in reviewing, processing
and action upon the application.
(4) The city council shall, from time to time, review the resolution fixing the business
license fee and shall adjust the business license fee to reflect the city's costs.
(c) The following businesses are exempt from paying the business license fee upon
satisfactory proof that the business meets the requirements for the exemption:
(1) Non-profit and charitable organizations;
(2) Businesses exempt from paying fees under the Constitution of the United States
or the State of California, or under the laws of the State of California.
(d) Evidence of doing business. When a person by use of signs, circulars, cards,
telephone book, or newspapers, advertises, holds out, or represents that such person
is conducting business in the city, or when a person holds an active license or permit
issued by a government agency indicating that such person is in business in the city,
then these facts shall be considered prima facie evidence that such person is
conducting a business in the city for purposes of this title.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.040. - General application procedures.
(a) Applications for a business license shall be filed with the city and shall comply with
the following requirements:
(1) Completion of an application on the form designated by the city and signed by
the applicant under penalty of perjury;
(2) Applications shall be filed a minimum of 30 days prior to the date requested for
issuance of the permit;
(3) Payment of the applicable filing fee; and
(4) Such other information as may be required by the city.
(b) Except as otherwise provided in chapters 5.04 and 5.08 of this title, the city shall
process the application and issue a business license upon receipt of a completed
application and the required fee. The application may be reviewed by the department
of finance, community development and other city departments or governmental
agencies to determine if the business operations and premises to be occupied meet
the requirements of federal, state, and/or local laws.
Page 3
(c) Contents of general business license application.
(1) Each business license application shall contain the following:
a. Business name;
b. Business address;
c. Permanent mailing address of the applicant;
d. Phone number;
e. Fax number;
f. Employer I.D. number (or Social Security number);
g. State resale permit;
h. State employer I.D. number;
i. State contractors/business and profession license number (if applicable);
j. Description of the business being conducted;
k. Days and hours of operation:
I. Start date;
m. Type of ownership;
n. Owners or principal officers;
o. Description of all vehicles and mechanical equipment owned by or under the
control of the business;
p. Business license number (in the case of a renewal application);
q. Business license fee paid;
r. Health permit number (if applicable);
s. Workers' Compensation Insurance Policy number, date and date of
expiration (if applicable);
t. Proof of any other required county, state or federal training and/or license or
permit; and
u. Such other information as may be required by the application form or
requested by the city for enforcement and administration of this title.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.050. - Contents of a business license.
Upon the payment for a business license and pursuant to any applicable provisions
of chapters 5.04 and 5.08 of this Code, the city shall issue a business license to the
applicant which shall contain the following:
(a) Type of business;
Page 4
(b) Name of business;
(c) Business location;
(d) Business owner;
(e) Expiration date;
(f) Business license number;
(g) Amount of fee paid for business license; and
(h) Such other information as deemed necessary by the city.
(Ord. No. 09(2007), § 1, 12-4-07) '
Sec. 5.00.060. - Annual renewal of a business license.
(a) Except as otherwise provided in this title, when an applicant submits a timely business
license renewal application and pays the renewal processing fee as set by resolution
of the city council, the city shall renew the license, to be effective upon the expiration
of the old license. In the case of a business activity having a fixed location, application
for a license for a different location is not a renewal and shall be deemed a new
license application.
(b) Renewal application deadlines. Every person desiring to continue in business after
the expiration of the license period shall file a renewal application and pay the
required renewal fee not less than thirty days prior to the expiration of the license
period.
(c) Late applications. Renewal applications submitted after the application deadline are
subject to the delinquent business license fees set forth in section 5.00.070. Late
renewal applications will not be processed until the applicant has paid all required
fees.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.070. - Delinquent business license fee and action to collect.
(a) Delinquency fees. Any person engaging in business in the city who fails to pay the
appropriate business license fee shall be subject to the following:
1. Applications for a business license that are not accompanied by the required
business license fee or any delinquency fees that have accrued will not be
processed until such fees have been paid in full.
2. For person's conducting business without having obtained a business license,
the required fee shall be doubled for each consecutive 30 -day interval that the
business was conducted without a license calculated from the first day the person
engaged in the business provided that the total amount of fee and the late fee
combined shall not exceed $500.
Page 5
3. For failure to pay the annual renewal fee when due, the required fee shall be
doubled on the day following the last day of each consecutive 30 -day interval
following the due date while the fee remains unpaid provided that the total amount
of fee and the late fee combined shall not exceed $500.
(b) Action to collect Should legal action be required to collect any delinquent fee, an
additional amount shall be charged equal to the cost incurred by the city in collection
of the fee, including reasonable attorneys fees.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.090. - Business license—Operative date.
(a) Generally. The operative date for a new business license shall be the date of approval
of the application.
(b) Renewals. The operative date for a business license renewal shall be the date
following the date of expiration of the previous year's license.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.100. - Refunds.
No business license fees or delinquent fees collected shall be refundable.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.110. - Duplicate business license.
Upon filing a statement indicating that a business license has been lost or destroyed,
and after paying a replacement fee, a duplicate business license shall be issued by the
city.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.120. - License transfers and changes.
Page 6
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Sec. 5.00.090. - Business license—Operative date.
(a) Generally. The operative date for a new business license shall be the date of approval
of the application.
(b) Renewals. The operative date for a business license renewal shall be the date
following the date of expiration of the previous year's license.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.100. - Refunds.
No business license fees or delinquent fees collected shall be refundable.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.110. - Duplicate business license.
Upon filing a statement indicating that a business license has been lost or destroyed,
and after paying a replacement fee, a duplicate business license shall be issued by the
city.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.120. - License transfers and changes.
Page 6
(a) Transfers of ownership. A new business license is required whenever there is a
transfer in ownership of a business. The following transactions shall be considered
transfers:
(1) The addition or withdrawal of a new partner or partners; or
(2) The transfer of a business from one partnership to another; or
(3) The transfer of a business from a partnership to a corporation; or
(4) The transfer of a business from one corporation to another; or
(5) The transfer of a business from a corporation to a partnership; or
(6) The transfer of a business from a corporation to an individual, or vice versa,
unless the corporation and the individual are the same person; or
(7) The transfer of a business from a partnership to an individual, or vice versa; or
(8) The transfer of a majority share of stock in a corporation from one shareholder to
another.
(b) Change of name. A new business license is required whenever there is a change of
name of a business. If there is no transfer of ownership or change in the nature or
scope of business or in the business location and if the licensee operating under the
previous name had a valid business license at the time of the change of name, the
new license shall be issued upon filing of a complete application and payment of all
required fees.
(c) Change of location. A new business license is required whenever there is a change
in location of a business.
(d) Change in business. A new business license is required whenever there is a change
in the nature or scope of the business.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.130. - Assignment of license prohibited.
The assignment of or attempt to assign any license issued pursuant to this title is
unlawful and any such assignment or attempt to assign a license shall render the license
null and void.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.140. - Business license fee received by mail.
Whenever any payment, statement, report or other communication is received after
a deadline prescribed by this title, but is received in a sealed envelope with a postmark
dated on or before such deadline, the city may regard such payment, report or other
communication as having been received timely.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 7
Sec. 5.00.150. - Posting and keeping of business license.
(a) Any person engaging in business at a fixed location or branch establishment in the
city shall keep a business license posted in a conspicuous place upon the premises
where the business is carried on.
(b) Any person engaging in business, but not operating at a fixed location or branch
establishment in the city, shall be in possession of a business license at all times
while engaged in such business in the city.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.160. - Authority to enforce/entry to inspect.
(a) Authority to enforce. The city shall have authority to enforce each of the provisions of
this title. The Los Angeles County Sheriffs Department and other city departments
shall render assistance in the enforcement of this title as may be necessary. The city
attorney is authorized to file a complaint against any persons found in violation of this
title.
(b) Entry to inspect The city, deputy sheriff, fire inspector, and other city officers
empowered to enforce the provision of this title, shall have the power and authority to
enter into a business, free of charge and at any reasonable time, and required to see
the business license posted in a conspicuous place upon the premises.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.170. - Insurance and bond requirements.
(a) License validity and grounds for suspension. Whenever the provisions of this title
require an applicant for any business license to procure, post or maintain in effect any
surety or policy of insurance, any business license so issued is good only while such
surety or policy of insurance is in full force and effect. The license shall automatically
be suspended without notice if at any time such surety or policy of insurance is not in
full force and effect. The director of community development shall notify the licensee
in writing of any suspension, pursuant to this section and within ten days thereafter,
the licensee may request in writing a hearing before the city council. The city council
shall hold a public hearing in a manner consistent with chapter 5.04, and as indicated
by the evidence received at the hearing, may revoke the license or terminate the
suspension and restore the license. If the licensee does not request a hearing, the
license is automatically revoked at the end of ten days following the notification of
suspension.
(b) Cancellation of insurance. Except as otherwise provided, a policy of insurance
required under this title shall not be accepted unless it is not subject to cancellation
or unless it provides that it shall not be canceled until 30 days after the insurer or
surety gives notice thereof to the director. If a licensee learns that such a policy of
insurance will be or has been canceled, such licensee shall notify the director within
Page 8
three days of such notice. If a new policy of insurance acceptable to the director is
filed before the old one is canceled or expires, then the license will continue in full
force. Any employee, officer or department informed of any change or cancellation of
any insurance policy required under this title shall immediately notify the director of
such change or cancellation.
(c) Contents of insurance policy. In every instance where an insurance policy is required
for the licensing of a particular business, such insurance shall fulfill the following
requirements unless the director directs otherwise:
(1) It shall be primary and not contributing to any other insurance maintained by the
city;
(2) It shall name the City of Diamond Bar, its city council, and its officers, agents and
employees as additional insureds;
(3) Its liability limit shall be a minimum of $1,000,000.00;
(4) It shall bear a deductible in an amount satisfactory to the director;
(5) It shall be provided by an insurer satisfactory to the City of Diamond Bar; and
(6) It shall provide the director with 30 days prior notice of any cancellation or
modification of the policy.
(d) Indemnification. Whenever this title requires that a business license applicant or
licensee indemnify the city, the applicant or licensee shall be required to sign an
indemnification statement that reads substantially as follows:
It shall be a condition of each license issued under this section that the licensee
agrees to indemnify, hold harmless, and defend the city and its council and each
member thereof, and every officer and employee of the city, from any and all liability
or financial loss resulting from any suits, claims, losses, or actions brought by any
person and from costs and expenses of litigation, including attorney fees, by reason
of injury to any person, including, but not limited to, officers and employees of the
licensee, performed under and pursuant to such license or any and all activities,
operations, and conditions in any manner connected therewith or pertaining thereto.
Such indemnity shall include, but not be limited to, any and all liabilities, demands,
claims, damages, losses, costs and expenses caused or alleged to have been caused
by any negligent or other act of any such licensee.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.180. - Violations.
Any person violating this title shall be guilty of a misdemeanor as provided in section
1.04.010(a). The commencing or conducting of any such business without having first
procured such license, or without having complied with any and all such requirements or
provisions shall constitute a separate violation of this Code for each and every day that
such business is so commenced or conducted. It is a violation of this title to knowingly
Page 9
make a false statement in any application for a license or permit or in any report required
under this title.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.190. - Withholding a business license.
The city shall withhold a business license to engage in business from any person
when there are pending violations of any City Code against such person and/or business
applying for a business license, or when a debt is owed to the city as a result of a violation
of this Code.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.200. - Remedies cumulative.
All remedies prescribed in this chapter shall be cumulative and the use of one or more
remedies by the city shall not prohibit the use of any other remedy for the purpose of
enforcing the provisions of this chapter.
(Ord. No. 09(2007), § 1, 12-4-07)
CHAPTER 5.04. - SUPPLEMENTAL PROCEDURES REQUIRED FOR SPECIFIC
BUSINESSES
Sec. 5.04.010. - Investigation of specific businesses.
(a) Upon receipt of an application for one of the following businesses, the director or his
or her designee shall conduct an investigation and criminal background check on the
applicant(s), and managerial staff as deemed necessary by the director, and may
obtain reports from the sheriffs department, building and safety, fire department,
county health department, and any such other information as he or she deems
necessary to determine if the criteria for issuance of a business license have been
met:
(1) AGUpressure and aGUpresSLIFe teGhRiGiaRS.
(21)Adult oriented businesses (as defined in section 22.80.020 of this Code)
(32)Alarm systems.
(43)Alcoholic beverage sales (off-site consumption).
(54)Bars, cocktail lounges and taverns.
(65)Computer services/network gaming center (as defined in section 22.80.020).
(76)Firearm dealers.
Page 10
(97)Indoor amusement/entertainment facilities (as defined in section 22.80.020).
1 Z
(98)Massage establishments and massage teGhniGi
(4-0�9) Pawnbrokers and secondhand dealers.
(44-10) Peddling -solicitation.
(42J 1) Psychic reading (as defined in section 22.80.020 of this Code).
(4-31 2) Tow trucks and towing companies.
(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01 (2010), § 5, 1-19-10; Ord. No. 02(2010), §
5,2-2-10)
Sec. 5.04.020. - Application.
(a) In addition to the application requirements.listed in section 5.00.040(c), applications
for a business license for the businesses listed in this chapter shall include, as
applicable:
(1) The name and permanent address of all persons having a financial interest in the
operation of the business or premises where the business is to be located;
(2) A detailed description of the proposed business and services provided, including
whether food, beverages or alcohol will be served on the premises, and any
further information about the business, as the director may deem necessary;
(3) The name or names of the person or persons responsible for the management
or supervision of applicant's business;
(4) Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been within the
previous five years, convicted of a crime, the nature of such offense, and the
sentence received therefore including conditions of parole or probation, if any;
(5) Whether or not the applicant has ever had any permit or license issued in
conjunction with the operation of a business revoked, including the date thereof
and name of the revoking agency;
(6) Documentation showing that the premises is in full compliance with Title 22,
Development Code; and
(7) Such other reasonable information as the director may deem necessary.
(b) Where the applicant is a corporation, association, partnership, or other legal entity,
applicant shall mean each partner, officer, director and each shareholder owning or
controlling more than 10% of such entity.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.030. - Investigation.
Page 11
Once a completed application for one of the businesses listed in section 5.04.010 is
received and the applicant pays the prescribed application fee, the director or his or her
designee shall initiate an investigation and criminal background check of the applicant(s),
and managerial staff as deemed necessary by the director, which may require the
individuals to be fingerprinted and to provide a copy of a valid photo identification. The
purpose of this investigation is to assist the director in determining if the business license
should be granted.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.040. - Review and approval.
Business license applications for businesses listed in section 5.04.010 shall be
subject to the approval of the director or his or her designee.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.050. - Grounds for denial of business license.
(a) Except as otherwise provided in this title, the director may deny an application for a
business license or renewal license for any of the following causes arising from the
acts or omissions of the applicant or licensee:
(1) Fraud, misrepresentation, or false statement in applying for a new or renewed
license or in any report or record filed with the city;
(2) Any relevant violation of this Code;
(3) A violation of the conditions or restrictions of the previous business license in the,
case of a renewal;
(4) Conviction of any crime within the past five ten years where the trait shown is
inconsistent with carrying on the business, occupation, or activity for the benefit
of the public;
(5) Conducting the business, occupation, or activity for which the license is issued in
a manner determined to constitute an immediate threat or menace to the health
or safety of the public. Failure to correct objectionable conditions constituting a
public nuisance within a reasonable time after lawful notice from a governmental
entity shall be prima facie proof thereof;
(6) Failure to abide by the disciplinary action imposed by the appropriate city officer.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.060. - Effect of business license denial.
(a) Limitation on new applications. If an applicant's business license application for a
particular business activity has been denied, the city shall not process a new
application by that applicant for that business activity for a 12 -month period after the
Page 12
date of the decision to deny unless the director determines that the reason for the
denial has been cured and no longer exists.
(b) Appealability. Any person dissatisfied by the city's decision to grant, deny or condition
a business license may appeal that decision to the city -if city manage in a
manner provided section 5.04.080.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.070. - Conditions of approval.
(a) Right to condition new license. The director, or his or her designee, may condition
any new business license if he or she finds that the conditions relate to the anticipated
impacts of the business and are reasonably necessary to mitigate those impacts.
(b) Application to change conditions. The Gity GGUnGil director may change, modify or
eliminate any conditions previously placed on a license upon written request if it finds
that the reasons for the original imposition of such conditions have been cured or no
longer exist. AppliGations tG GhaRge GOnditiens shall be RGtiGed and set fGF pi
hearing in a rAaRReF GGnsistent with this Ghapte-r--.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.080. - Appeal.
(a) Any person dissatisfied with a decision of the city to approve, deny or condition a
business license application may appeal the decision to the Gity GGURGil City manager
by filing with the city clerk a notice of appeal within 15 days of the date of mailing of
the decision.
(b) A notice of appeal shall be signed by the appellant or the legal representative of the
appellant and shall state that the appellant appeals from a specified decision or a
particular part thereof. The notice of appeals shall be accompanied with the required
appeal fee, as set by resolution of the city council.
(c) If a timely appeal is filed, the effect of the decision shall be stayed pending the
GOURGil'S city manager's resolution of the matter unless the director specifically finds
that the public health and safety is endangered, in which case the decision shall take
effect immediately.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.090. - Appeals—Notice of hearing.
Upon receipt by the city clerk of a timely notice of appeal, a public appeal hearing
shall be noticed and set for public hearing in a manner consistent with section 5.04.120.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 13
Sec. 5.04.100. - Appeals—Hearing procedure.
(a) The city GE)URGil city manager shall conduct the appeal hearing de novo and shall
hear and consider evidence, argument and points and authorities of law, and may
require parties before it to submit such argument and points and authorities of law
prior to rendering any decision. The hearing will be held as provided in section
5.04.130.
(b) The decision of the city manager shall be final.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.110. - Modification, suspension or revocation.
Any license issued by the city may be conditioned, modified, suspended or revoked
for cause by the Gity GGunGil director in accordance with section 5.04.140.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.120. - Notice to licensee.
Notice of the time and place of the public hearing shall be served at least ten days
prior to the hearing on the applicant and upon all owners and tenants of the properties
within 500 feet of the exterior boundaries of the business premises in the manner
specified in section 1.00.120 of this Code.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.130. - Procedure for hearing.
(a) The licensee or legal representative of the licensee shall have the right to bring
witnesses to testify on his or her behalf.
(b) Hearings need not be conducted according to technical rules relating to evidence and
witnesses.
(c) The Gity GOunGil director shall issue its deGiSiGR by Witten deGiSiGR a decision in
writing. The decision shall contain a determination of the issues presented.
(d) The deGisien of the Gity GGunGil shall be finaL. Appeals of the director's decision shall
follow the appeal procedures set forth in section 5.04.080.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.140. - Grounds for revocation of business license.
The Gity GgunGil director may condition, suspend or revoke a business license if the
GOURGil director finds any of the following:
Page 14
(a) The applicant for the business license made a false statement in any application
for a license or permit or in any report required under this title;
(b) That any grounds or circumstances exist that would have wustified denial of a
business license application;
(ac)The licensee, manager or employees have failed to maintain the premises in a
neat and clean condition and have allowed the business premises to deteriorate
and become blighted;
(b,d)That the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, or building and
safety laws of the State of California or the Diamond Bar Municipal Code;
(ee)That the licensee, manager or employees have violated any statute or any
ordinance of the Diamond Bar Municipal Code resulting from any act performed
in the exercise of any rights permitted by the issuance of the license;
(dD That the licensee, manager or employees have violated any provision of federal
or state law or any provision of the City of Diamond Bar Business License
Ordinance, the City of Diamond Bar Municipal Code or any other statute, rule,
permit or regulation on the business premises or relating to the licensed activity;
(eg)That the licensee has failed or refused to notify the city of any change in facts as
required by this title within ten days after such change;
(fh) That the licensee, manager or employees have permitted, allowed or failed to
prevent the use of the business as a base or magnet for unlawful or criminal
activity, including, but not limited to, solicitation, prostitution and drug trafficking;
(g)i The licensee, manager or employees have allowed or failed to discourage
criminal or otherwise unlawful activity to occur on or immediately adjacent to the
business premises;
(hi) The licensee, manager or employees have failed to control the actions of the
businesses' patrons in and immediately adjacent to the business premises; or
(Lk) That the licensee has conducted the licensed business in a manner contrary to
the peace, health, safety and the general welfare of the public.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.150. - Effect of revocation or suspension.
(a) No business license fee refunds shall be issued to any licensee upon revocation or
suspension of a business license.
(b) Upon revocation of any business license for cause under this chapter, no business
license to operate the same business activity shall be granted to the same person,
corporation, association, partnership, or other legal entity within one year after such
revocation.
Page 15
(c) Whenever a license is suspended or revoked, the sheriff shall take into possession
the business license for the subject business activity. The licensee shall surrender
the business license, license stickers, or similar evidence of a license to the director
or sheriff.
(d) Upon revocation or suspension of a business license, the licensee shall cease
operation of the business activity immediately. Except as otherwise provided, in the
event that the license is suspended, the licensee may resume operation once the
suspension period has expired.
(Ord. No. 09(2007), § 1, 12-4-07)
CHAPTER 5.08. - OPERATING REQUIREMENTS FOR SPECIFIC BUSINESSES
REGULATED
Sec. 5.08.010. - AGUpressu Reserved.
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Sec. 5.08.020. - Adult oriented businesses.
(a) Adult oriented business shall be as defined in section 22.80.020 of this Code.
(b) In addition to the information required in section 5.04.020, an application for an adult
oriented business license shall include the following information:
(1) In the event the applicant is not the owner of record of the real property upon
which the adult business is, or is to be located, the application must be
accompanied by a notarized statement from the owner of the property
acknowledging that an adult business is or will be located on the property. In
addition to furnishing such notarized statement, the applicant shall furnish the
name and address of the owner of record of the property, as well as a copy of the
lease or rental agreement pertaining to the premises in which the adult business
is or will be located.
(2) Proof that the applicant has complied with the requirements of section 22.42.020
of this Code.
(c) Notwithstanding the provisions of this title, the director shall approve an application
for an adult oriented business unless he or she finds that one of the grounds for denial
set forth in section 5.04.050 exist. The director shall approve or deny an application
for an adult business license within 30 days of the filing of a complete application.
(d) The director's decision may be appealed to the city council as provided in section
5.04.080. The hearing on the appeal shall be held at the next regularly scheduled city
Page 16
council meeting following the timely filing of a complete appeal unless the applicant
requests an extension; in no event shall the hearing on appeal take place more than
30 days after the date on which a timely and complete notice of appeal is received
unless the applicant requests a further extension.
(e) In the case of an appeal by a person other than the applicant or permit holder, the
permit holder may continue to conduct the business during the pendency of any
appeal.
(f) Notice of the public hearing on the appeal shall be given as provided in section 5.04.
090.
(g) The city council shall announce its decision within a reasonable time, but not to
exceed 30 days, following the close of the public hearing, unless good cause is shown
for the extension of time and the applicant or opponent or both are notified of this
extension and the reasons therefore. The city council's final action shall be taken by
resolution and notice thereof shall be given by mail to the applicant/permit holder or
appellant, or to both if they be different parties.
(h) Operating requirements:
(1) The licensee shall not permit any doors on the licensed premises to be locked
during business hours and, in addition, the licensee shall be responsible for
ensuring that any room, area or booth on the licensed premises shall be readily
accessible at all times and shall be open to view in its entirety for inspection by
any law enforcement officer.
(2) The business shall employ a person on the premises to act as manager at all
times during which the adult business is open.
(3) The business shall comply with all requirements for an adult-oriented business
set forth in chapter 22.42 of this Code.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.08.030. - Alarm systems.
(a) [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:
(1) Alarm owner means the person that owns, operates, leases, rents, uses or makes
available for use by his agents, employees, representatives or family, any alarm
system.
(2) Alarm system means any mechanical or electrical device, whether known as a
burglary, robbery or intrusion alarm, medical assistance alarm, direct dial
telephone device, audible or silent alarm or by any other name, an alarm that is
used for the detection of a fire, intrusion into a building, structure or facility, or to
signal the commission of an unlawful act, or the existence of any other emergency
situation. It shall include those devices which emit a signal within the protected
Page 17
premises only, are supervised by the proprietor of the premises where located,
and are otherwise known as "proprietary alarm systems." Auxiliary devices
installed by a telephone company to protect telephone company systems which
might be damaged or disrupted by the use of an alarm system are not included
in this definition.
(3) Audible alarm means an alarm system which, when activated, emits an audible
sound in the vicinity of the protected premises.
(4) Direct dial device means a device which is connected to a telephone line and
upon activation of an alarm system, automatically dials a predetermined
telephone number and transmits a message or signal.
(5) False alarm means an alarm signal activated by causes other than the existence
of an emergency situation or commission or attempted commission of an unlawful
act, which the alarm system is designed to detect, and results in a response by
the sheriff to the alarm location. An alarm signal activated by violent conditions
of nature or other extraordinary circumstances not subject to the control of the
alarm owner shall not constitute a false alarm.
(b) Direct dial telephone devices. No person shall use any alarm system which is
equipped with a direct dial device, and which when activated, automatically dials any
telephone number in any office of the sheriff.
(c) Audible alarms—General requirements. The alarm owner of each audible alarm shall
post in a conspicuous location outside the premises where the alarm is located the
names and telephone numbers of persons to be notified to render repairs or service
during any hour of the day or night during which the audible alarm is operated. An
audible alarm shall terminate its sound, or shall automatically reset, within 30 minutes
of activation.
(d) Prohibited sounds. No alarm system shall be installed or used which emits a sound
which is similar to that of an emergency vehicle siren or a civil defense warning
system.
(e) False alarm. A person shall not knowingly turn in a report of a false alarm. This section
does not prohibit a test of an alarm system as permitted in advance by the sheriff.
(f) Repair. After any false alarm, the alarm owner shall, upon request by the sheriff,
submit a written report to the sheriff, describing actions taken or to be taken to
eliminate the cause of the false alarm. This report shall be submitted within ten days
of the date of request by the sheriff.
(g) Notification of test. An alarm owner shall notify the sheriff prior to any service, test,
repair, maintenance, alteration, or installation of an alarm system which might
produce a false alarm.
(h) Maintaining a public nuisance alarm.
(1) Any alarm system that generates three or more false alarms in any 12 -month
period shall be deemed to be a public nuisance alarm. A service charge in an
Page 18
amount prescribed by resolution of the city council shall be charged to an alarm
owner of a public nuisance alarm system for each subsequent false alarm.
(2) After each false alarm, the city shall notify the alarm owner in writing of the date
and time that the sheriff responded to the false alarm. The alarm owner shall also
be notified in writing in each instance of the number of false alarms of record
attributed to that alarm system within the previous 12 -month period. The alarm
owner shall further be informed in writing of the provisions of this section and of
any service charge or other penalties to be imposed.
(3) Within ten days from the date of such notice, the alarm owner may present written
evidence to the sheriff that the alarm response in question was not in fact a false
alarm as defined herein, or that there was a justifiable reason for the activation
of the alarm. If no such response is made by the alarm owner within the ten-day
period, the sheriffs determination that the alarm was false shall be final. Within
ten days of receipt of written evidence from an alarm owner, the sheriff shall
render a decision which decision shall be final.
(i) Exemptions. The provisions of this section are not applicable to audible alarms affixed
to motor vehicles or to a public telephone utility whose only duty is to furnish
telephone service pursuant to tariffs on file with the state public utilities commission.
No false alarms shall be counted against an alarm owner that were the result of an
act of God, natural disaster, or interruptions of electrical service not due to the alarm
owner.
Penalties. Any person violating subsections (b) through (e) shall be deemed to have
committed a misdemeanor as provided in section 1.04.010(a).
(k) Civil remedies available. Violation of any of the provisions of this section shall
constitute a nuisance and may be abated in the name of the city in any court of
competent jurisdiction through civil process by means of restraining order, preliminary
or permanent injunction or in any other manner provided by law for the abatement of
such nuisances.
(1) Enforcement
(1) The amount of any service charge shall be deemed a debt to the city. All service
charges shall be deemed delinquent 15 days after they are due and payable.
(2) Pursuant to Government Code § 38773, the city may recover any and all costs
incurred in abating a violation of this section including the imposition of a lien
against the property on which the nuisance is maintained.
(3) Prior to the recordation of a lien against property for the recovery of abatement
and other related administrative costs, the city, in accordance with Government
Code § 38773.1 or 38773.5, shall provide written notification, by registered or
certified mail, to the property owner that a lien will be assessed against their
property and such costs will constitute a lien upon the land until paid.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 19
Sec. 5.08.040. - Bars, cocktail lounges and taverns.
(a) For purposes of this chapter, bars, cocktail lounges and taverns shall mean
businesses as defined in section 22.80.020 of this Code.
(b) In addition to the information prescribed by section 5.04.020, the application for a
license for a bar, cocktail lounge or tavern shall include:
(1) The complete standard regulatory business license application including the
names and addresses of all responsible operators, managers, and property
owner;
(2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and
conditions of operation;
(3) Security plan requirements. Applicants for businesses that serve alcohol with an
occupancy load of 50 or greater are required to submit a security plan. All
submitted security plans shall be reviewed and are subject to the approval of the
director or his or her designee; and
(4) A set of plans stamped "approved" by the Los Angeles County Fire Department
which identifies the use and the square footage of the establishment.
(c) Operating requirements.
(1) Manager required. Any bar, cocktail lounge or tavern shall have a responsible
person on the premises to act as manager and supervise employees and
independent contractors at all times during which the business is operating.
(2) Facility operators. Licensees shall maintain their operations pursuant to the
security plan approved by the community development director and within the
standards required by the department of alcoholic beverage control.
(3) Display of licenses. The business owner shall display the business license in a
prominent and visible location.
(4) Complaints. An employee of each business owner licensee shall be appointed to
address, during hours of operation, all complaints. The name and phone number
of the employee shall be posted adjacent to the business license. The business
owner licensee shall make reasonable efforts to address each complaint. The
licensee shall keep a log of all complaints and follow-up and shall make the
information available to city staff upon request.
(5) Alcoholic beverages. All new employees of business owner licensees serving
alcohol to patrons shall enroll in a certified training program for the responsible
service of alcohol. The training shall be offered to new employees on no less than
a quarterly basis.
(6) Merchandise sales. No business owner licensee shall sell merchandise except
inside the establishment.
(7) Open doors. No door of any business may be propped open after 6:00 p.m.,
except for the period during which goods are being delivered to the
Page 20
establishment, and then only if continuously attended by an employee of the
business owner.
(8) Designated driver signs. Signs recommending the use of a "designated driver"
shall be posted at all bar areas and at the entrance and exits to the establishment.
The signs shall measure at least six inches by six inches.
(9) Joint responsibility for violations and noise control. Violations of this subsection
(c) and violations of the noise control ordinance set forth in chapter 8.12 of the
Diamond Bar Municipal Code by either the business owner promote, shall be
grounds for revocation of the business license.
(1 O)AII security personnel must have a California Guard Card and/or must possess a
certificate of completion from a Penal Code 832 course instruction within six
months of employment.
(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01 (2010), § 6, 1-19-10; Ord. No. 02(2010), §
6,2-2-10)
Sec. 5.08.050. - Reserved.
Editor's note— Ord. No. 01 (2010), § 7, adopted January 19, 2010, repealed §
5.08.050, which pertained to entertainment license and derived from Ord. No. 09(2007),
§ 1, 12-4-07. Subsequently, Ord. No. 02(2010), § 7, adopted February 2, 2010,
repealed § 5.08.050.
Sec. 5.08.060. - Firearm dealers.
(a) [Definitions.] For purposes of this chapter, the following terms shall have the following
meanings:
(1) Engages in the business means the conducting of a business by selling, leasing,
or otherwise transferring, for a consideration, any firearm, firearm munition or
firearm ammunition component; or the holding of one's self out as engaged in the
business of selling, leasing or otherwise transferring for a consideration any
firearm, firearm munition, or firearm ammunition component in quantity, in series,
or in individual transactions, or in any other manner indicative of trade.
(2) Firearm shall include, without limitation, any revolver, pistol or any other device
designed to be used as a weapon or modified to be used as a weapon, that expels
a projectile by the force of an explosion or other form of combustion.
(3) Firearm ammunition means any cartridge or encasement containing a bullet or
projectile, propellant or explosive charge, and a primer which is used in the
operation of a firearm.
(4) Firearm ammunition component means any cartridge or encasement, bullet or
projectile, primer or propellant or explosive material used to manufacture
ammunition.
Page 21
(5) Firearm dea/ermeans any person who engages in the business of selling, leasing
or otherwise transferring for a consideration to members of the public any new or
used firearm, as well as any firearm ammunition or any firearm munition
component.
(b) Application information.
(1) License form. Any license issued to operate as a gun dealer shall be on a form
approved by the city.
(2) Application form. Notwithstanding any other provision of this chapter, every
applicant for a gun dealer license shall fill out the application form prescribed by
the California State Attorney General in addition to the city's application for a
business license.
(c) Minimum criteria for issuance of a license. In addition to the applicant's compliance
with all other requirements of this title, a background check and recommendation
pertaining to the applicant, and the applicant's existing and prospective manager(s)
and employee(s) will be referred to and conducted by the director and the sheriffs
department. In addition to compliance with all the requirements of this title and
obtaining a favorable background recommendation from the Los Angeles County
Sheriff's Department, the applicant must meet the following criteria:
(1) The applicant, and any existing or prospective manager and employee, must be
at least 21 years of age.
(2) The applicant must be properly licensed as required by all applicable federal and
California laws.
(3) The applicant, or any existing or prospective manager or employee, must not
have had a similar type of license previously revoked or denied for good cause
within the immediately preceding two years prior to the license application.
(4) The applicant, and any existing or prospective manager and employee, must not
have been convicted of:
a. Any offense so as to disqualify the applicant, manager or employee from
owning or possessing a firearm under applicable federal and California laws;
b. Any offense relating to the manufacturing, sale, possession, use or
registration of any firearm or other dangerous or deadly weapon;
c. Any offense involving the use of force or violence upon the person of another;
d. Any offense involving theft, fraud, dishonesty or deceit;
e. Any offense involving the manufacture, sale, possession or use of any drug
or controlled substance itemized on any schedule pertaining to drugs and
other controlled substances of the California Health and Safety Code.
(5) The applicant, or any existing or prospective manager or employee, must not
have been adjudicated to be mentally incompetent, or have been committed to a
mental institution.
(6) The applicant must demonstrate that:
Page 22
a. The location for which the license is sought is not located within 500 feet of
a public or private day care center or school, or a public park.
b. The location for which the license is sought is not located within 500 feet from
any other premises operated by a gun dealer licensee.
(7) The applicant must provide a copy of each of the following:
a. Valid federal firearms license;
b. Valid seller's permit issued by the state board of equalization; and
c. Valid certificate of eligibility issued by the department of justice.
(d) Issuance of license subject to conditions. Any and all licenses granted pursuant to
this chapter are subject to the following conditions, in addition to any conditions
imposed by the director, breach of any of which subjects the license to revocation:
(1) The business activity shall be carried on only in the building designated in the
license, which shall be located in a properly zoned commercial district, unless the
gun dealer qualifies as a home occupation under federal and state law and is in
full compliance with the home occupation provisions contained in the Diamond
Bar Zoning Ordinance. In no event shall a licensee, operating as a home
occupation, store or maintain firearms, ammunition, or any firearms ammunition
component within the residential dwelling in which the business is being
conducted. Notwithstanding any other provision of this title, a license under this
chapter shall be required for gun dealers operating as a home occupation.
(2) If the applicant is not the owner of record of the building within which, and the
real property upon which, the gun dealer business is to be located and conducted,
then he or she shall obtain prior written consent from the owner of record of such
building and real property to operate a firearm dealer business, and such written
consent from the owner of record shall be attached to the city's business license
application.
(3) All federal, California and city -issued licenses, permits or copies thereof, certified
by the issuing authority, shall be posted in a conspicuous manner on the premises
in which the business is being conducted.
(4) No firearm, firearm ammunition or reproduction of either advertising the sale,
lease or transfer, for a consideration of either, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall maintain on the licensed premises accurate records of all
firearm and ammunition sales, as well as a complete inventory of all firearms in
stock, by classification and serial number, for a period of not less than three
years.
(e) The records required by this section pertaining to the recordation of firearm and
ammunition sales shall indicate:
(1) The date that the purchaser purchased the firearm(s) and/or ammunition;
(2) The purchaser's name, address and date of birth;
Page 23
(3) The purchaser's driver's license number or other identification number and state
where issued;
(4) The make, brand, model and/or type of firearm(s) purchased;
(5) The brand of ammunition purchased;
(6) The type and amount of ammunition purchased;
(7) The purchaser's thumbprint, from both the right hand and left hand; and
(8) The purchaser's signature.
(f) This information required by this section shall be recorded at the time of purchase
and shall be maintained in a log book in a form substantially as follows:
Ammunition/Firearm Sales Records Log
Store:
Date Name Address Date of Birth Driver's License/ID Number and State Firearm
Make/Brand/Model/Type Purchased Ammunition Brand and Amount Purchaser's
Signature
(g) The licensee's firearm and ammunition sales records and firearm and ammunition
inventory records shall be open to inspection at the request of the city or the Los
Angeles County Sheriffs Department.
(h) The licensee shall also provide the city with an annual report of the gross revenue
received during the previous year itemized by the quantity and classification of
firearms and ammunition sold on a form provided by the city signed under penalty of
perjury.
(i) The licensee shall not sell, lease or otherwise transfer for any consideration any
firearm:
(1) Within 15 days of the application for the purchase, or, after notice by the
department of justice ("department") pursuant to Penal Code § 12076, within 15
days of the submission to the department of corrected copies of the register, or,
within fifteen days of the submission to the department of any fee required
pursuant to Penal Code § 12076, whichever is later.
(2) To any person who is forbidden by city, state or federal law from buying or
possessing a firearm.
(3) Whenever the dealer is notified by the department of justice that a purchaser is
in a prohibited class described in Penal Code § 12021 or 12021.1 or Welfare and
Institutions Code § 8100 or 8103.
The licensee shall provide all firearm purchasers comprehensive instructions,
prepared by the licensee and approved by the city, pertaining to the use,
maintenance, storage and safety precautions relating to the firearm purchased.
Page 24
(k) The licensee shall comply with all security measures imposed by the license issued
pursuant to this chapter upon recommendation of the Los Angeles .County Sheriff,
including but not limited to locks, lighting, alarms, storage and access to firearms.
(1) The licensee shall comply with all applicable sections of the California Penal Code,
including but not limited to Sections 12071, 12072, 12073, 12076, 12077 and 12316.
(m) The licensee shall conduct a criminal background check on prospective manager(s)
or employee(s).
(Ord. No. 09(2007), § 1, 12-4-07)
See. 5.08.070. - Massage establishments and massage technicians.
\ W107-
teGhRiG*aR praGti ill,, ill th- GAY FRUSt Obtaim a- h-usiness- lir--ense pursuant te this title.
(a) Findings and Pmose. The city council finds and declares as follows:
(1) The permit requirements and restrictions imposed by this section are reasonably
necessary to protect the health, safety, and welfare of the citizens of the city,
while recognizing massage as a legitimate business interest that provides
benefits to its patrons in a therapeutic setting.
(2) The city is authorized to regulate massage establishments pursuant to the State
Constitution, Cal. Gov't Code §§ 37100, 51030 et seg., California Business and
Professions Code §§ 460, 4600 through 4620 and § 16000, § 13 of the
Chiropractic Act (initiative measure approved by the electors November 7, 1922,
and amended) and Section 7 of Article X1 of the California Constitution.
(3) There is a significant risk of injury to massage clients by improperly trained and/or
educated massage practitioners and this chapter provides reasonable
safeguards against injury and economic loss.
(4) There is opportunity for acts of prostitution, lewdness, and other unlawful sexual
activity to occur in massage establishments, as well as for the use of massage
establishments as venues to facilitate human trafficking. Courts have long
recognized massage as a pervasively regulated activity and that massage
establishments are often brothels in disguise. The establishment of reasonable
standards for issuance of permits and restrictions on operations would serve to
reduce the risk of illegal activity and would thereby benefit the public health.
(5) The provisions of this section are intended to enhance the efficient processing of
permits for massage establishments, owners and managers and the ongoing
regulation of those permittees and certificate holders by the City of Diamond Bar.
The provisions of this chapter in no way limit the authority of the city to inspect
Page 25
massage establishments or conduct investigations to ensure permittees are
complying with applicable rules and regulations.
(6) The restrictions and requirements contained in this section are intended to stop
the practice of businesses quickly changing ownership in name upon the
discovery of criminal activity by the city.
(7) The restrictions and requirements contained in this section are intended to be in
addition to the requirement of a valid business license issued pursuant to this
title.
(8) The regulations and restrictions contained in this section are intended to
discourage massage establishments from degenerating into. houses of
prostitution, and the means utilized in this section bear a reasonable and rational
relationship to the goals sought to be achieved within the confines allowed by
state law.
(9) The provisions of this section are not intended to be exclusive, and compliance
therewith shall not excuse noncompliance with any state or local laws or
regulations that are uniformly applied to other professional or personal service
businesses.
(10) Pursuant to State law, the California Massage Therapy Council ("CAMTC")
regulates massage technicians in order to protect the public, and it is in the public
interest to require that all persons providing massage in the city have a certificate
from CAMTC.
(b) Exceptions. Except as otherwise expressly provided, the requirements of this section
shall have no application and no effect upon and shall not be construed as applying
to:
(1) Treatment of services administered or provided in good faith by a Physician,
surgeon, chiropractor, acupuncturist, osteopath, physical therapist, nurse, or any
other person licensed to practice any healing art under the provisions of Cal. Bus.
& Prof. Code Div. 2 (commencing with § 500) while in the course of engaging in
practices within the scope of his or her professional license.
(2) State -licensed hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the State of California, or activities engaged in by the
employees of such facilities in the course of their employment while working on
the premises of such state -licensed facilities.
(3) The activities of coaches or trainers employed by accredited junior high schools,
high schools, 'unior colleges, colleges or universities while acting within the
scope of their employment.
Page 26
(4) Barbers, beauticians, or manicurists who are duly licensed by the State of
California pursuant to the Barbering and Cosmetology Act set forth in Cal. Bus.
& Prof. Code W300 et seg., as the same may be amended from time to time,
while engaging in practices within the scope of such license, except that this
exemption applies solely for the massaging of the neck, face, and/or scalp of the
customer or client of said barber or beautician or, in the case of a licensed
manicurist, the massaging . q of the forearms, hands, calves, and/or feet at a state -
licensed facility. Any business employing state -licensed barbers, beauticians, or
manicurists at which massage services not otherwise exempted pursuant to this
section are also provided shall be considered a massage establishment and
must comply with all provisions of this section.
(5) Schools of cosmetology or barbering which comply with the requirements of Cal.
Bus. & Prof. Code W362 et seg. when instructors are acting within the scope
of their employment or when students are working as unpaid externs pursuant to
the requirements of Cal. Bus. & Prof. Code §7395.1.
(6) Activities of any other business or professions to the extent exempted by state
law.
(b�c) [Definitions.] For purposes of this Ghapter section, the following terms shall have the
following meanings:
(1) Ge4ftate shall mean a GeFtifiGate, issued by a liGensed GGheel, Gertifying
GGmpletien of the Fequired GUFFiGUIUFn on massage training-.
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Page 27
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(1) Acupressure means the practice of placing physical pressure by hand, elbow,
or with the aid of various devices on the same points on the surface of the body
targeted in acupuncture with the intention of treating illness and/or disease or
relieving pain.
(2) California Massage Therapy Council or CAMTC means the nonprofit
organization created to regulate and issue massage practitioner and therapist
certificates pursuant to California Business & Professions Code §WOO et. seg.
(3) CAMTC Certificate shall mean a certificate, issued by CAMTC, certifying
completion of the required curriculum in massage training.
(4) Employee includes every owner, partner, operator, manager, supervisor,
person and worker, whether paid or not, full-time or part-time, who renders
personal services of any nature or is otherwise employed in support of the
operation of a massage establishment. For purposes of this chapter, the terms
employee shall also include certified massage technicians who provide
massage services, whether as independent contractors or otherwise, in or for
a massage establishment.
(5) Manager means any individual designated or permitted by the owner of a
massage establishment to act as the representative and/or agent of the owner
in managing day-to-day operations of the massage establishment, with
corresponding responsibilities. Evidence of management includes, but is not
limited to, the ability of the individual to direct or hire and dismiss employees,
control hours of operation, create Policy or rules or purchase supplies, and
ensuring that the massage establishment complies with the requirements of
this code and of other laws. An owner or operator may also be a manager, and
a massage establishment may have more than one manager.
(6) Massage and Massage Services means any method of treating the external
parts of the body for remedial, health, hygienic, or relaxation purposes for
compensation and includes, but is not limited to, treatment by means of manual
pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding,
vibrating, with or without the aid of or by means of any mechanical, electronic,
or other apparatus, and with or without rubbing alcohol, liniments, aromatics,
antiseptics, oils, powders, creams, lotions, ointments, or other similar
preparations. Massage specifically includes the application of any of these
methods to the scalp, neck, or feet of any individual.
Page 28
(7) Massage Establishment shall mean any business or establishment having a
fixed location where any individual, firm association, partnership, limited liability
company, corporation, or combination of individuals, offers, engages in,
conducts, carries on or permits to be offered, engaged in, conducted or carried
on, massage services or out -call massage within the city, including the
residence or business office of a sole provider who provides massage services
at such premises. Any type of business or establishment at which massage
services are provided shall be considered a massage establishment for
purposes of this chapter, regardless if the business holds itself out as
something other than a massage establishment and/or offers or provides other
types of products or services. Notwithstanding the foregoing, the residence or
business office of a sole provider who only en -gages in out -call massage and
does not provide massage services at such residence or business office shall
not be considered a massage establishment.
(8) Massage Practitioner means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(9) Massage Technician shall mean a massage practitioner or massage therapist
certified by CAMTC.
(10) Massage Therapist means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(11) Massage Therapy Act means chapter 406 of the 2013-2014 Legislative
Session, as the same may be amended from time to time.
(12) Operator means any individual with direct responsibility, in whole or part, for
the ongoing operations of a massage establishment. An operator may, but
need not, also be an owner or a manager.
(13) Out -Call Massage means the provision of massage services at a location other
than at a massage establishment.
(14) Owner means any individual or entity that has a direct or indirect ownership
interest of more than ten percent (10%) in a massage establishment or that is
an officer, director, or limited liability company manager of such an owner. The
term owner may include, without limitation, the sole proprietor of a sole
proprietorship, any general or limited partner of a -general or limited
partnership, any member or manager of a limited liability company, any
shareholder, officer, or director of a corporation, or any other person that has
an ownership interest of more than ten percent (10%) in a massage
establishment, whether as an individual, corporation, limited liability company,
Page 29
general partner, limited partner, shareholder, member, officer, director, or
otherwise. .
(15) Patron means an individual on the premises of a massage establishment for
the purpose of receiving a massage.
(16) Sole Provider means any legal form of business organization owned entirely
by an individual massage technician, where such owner is the only individual
who provides massage services for the business and that has no other
employees or independent contractors that provide massage services for or
on behalf of the business.
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Page 32
Is. ManageF FequiFed. All establishments kensed under thiS GhapteF shall h
a manager on duty at all times dwing whiGh the establishment is open.
(d) CAMTC Certificate and business license requirements for massage services.
(1) Except as otherwise provided in subsection (b), no individual shall engage in,
conduct, carry on, practice or perform massage services within the city without
first obtaining and thereafter maintaining a CAMTC Certificate and presenting
proof of such CAMTC Certificate to the city in accordance with the provisions of
this section.
(2) Except as otherwise provided in subsection (b), no person shall engage in,
conduct or carry on, or permit to be engaged in, conducted, or carried on, in or
upon any premises within the cily, the operation of a massage establishment
without first obtaining and thereafter maintaining a massage establishment
business license pursuant to this section.
(3) No owner, operator, or manager of a massage establishment shall employ, retain,
or allow any individual to perform massage services in the city unless such
individual possesses a current and valid CAMTC Certificate. For purposes of this
section, an owner, operator, or manager employs, retains, or allows an individual
to perform massage services if (i) that individual is an employee of the massage
Page 33
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Is. ManageF FequiFed. All establishments kensed under thiS GhapteF shall h
a manager on duty at all times dwing whiGh the establishment is open.
(d) CAMTC Certificate and business license requirements for massage services.
(1) Except as otherwise provided in subsection (b), no individual shall engage in,
conduct, carry on, practice or perform massage services within the city without
first obtaining and thereafter maintaining a CAMTC Certificate and presenting
proof of such CAMTC Certificate to the city in accordance with the provisions of
this section.
(2) Except as otherwise provided in subsection (b), no person shall engage in,
conduct or carry on, or permit to be engaged in, conducted, or carried on, in or
upon any premises within the cily, the operation of a massage establishment
without first obtaining and thereafter maintaining a massage establishment
business license pursuant to this section.
(3) No owner, operator, or manager of a massage establishment shall employ, retain,
or allow any individual to perform massage services in the city unless such
individual possesses a current and valid CAMTC Certificate. For purposes of this
section, an owner, operator, or manager employs, retains, or allows an individual
to perform massage services if (i) that individual is an employee of the massage
Page 33
establishment, (ii) that individual's association with the massage establishment is
that of an independent contractor who receives compensation for massage
services provided to patrons of the massage establishment, or (iii) that individual
receives a patron referral or referrals from the massage establishment for
massage services and arranges in any way for compensation relating to such
services to flow to such owner, operator, manager or massage establishment.
(e) Massage establishment business licenses .generally.
(1) Where a conditional use permit is required pursuant to title 22, a business license
application for a massage establishment shall be filed concurrently with the
conditional use permit application. The business license for the massage
establishment shall not be issued until the conditional use permit has been
approved.
(2) Massage establishment business licenses issued pursuant to this chapter may
not be assigned or transferred.
(3) The owner or operator of a massage establishment shall notify the director or his
or her designee whenever there is a change in information which was required to
be submitted in the initial or a renewal application for the massage
establishment's business license. Such notification shall be in writing and made
within ten business days of the change on a form provided by the city. If such
change involves the addition of a new operator, manager, or employee who will
be providing massage services, a true and correct copy of the individual's current
CAMTC certificate and CAMTC-issued identification card shall be provided with
the written notification form. If such change involves the addition of a new owner,
operator, or manager, such individual shall not commence working at or for the
massage establishment in such capacity until all background information required
for such individuals pursuant to subsection 5.08.070(f) has been provided to the
city, the city has completed a background investigation of the individual, and the
director has determined that such individual has not engaged in prior conduct that
would serve as the basis for denial of a business license for the massage
establishment in accordance with this chapter.
(4) Each owner, operator, and manager of a massage establishment shall be
responsible for the conduct of all employees and independent contractors
working for or on behalf of the massage establishment. Failure of the employees
or independent contractors to comply with the provisions of this chapter or the
Massage Therapy Act may result in the issuance of criminal and/or administrative
citations and shall be grounds for revocation of the massage establishment
business license.
(5) Any requirement of this section applying to an owner or operator shall apply to
each and every owner and operator of a massage establishment.
Uf Application information—Massage establishment businesses. In addition to the
information prescribed by sections 5.00.040(c) and 5.04.020, unless waived by the
director for good cause, all applications for a business license for a massage
establishment must contain the following information and documents.
Page 34
(1) The full name, home and business addresses, home and business telephone
numbers, and email address of the responsible individual designated by the
applicant to be the City's primary point of contact for the massage establishment
and the business license. This individual shall be an owner or operator and shall
complete and sign all application forms and provide all required information and
documents on behalf of the applicant. By signing the application, this individual
shall certify under penalty of perjury that all information contained in, and/or
submitted as part of the application, including the personal background
information pertaining. to each individual owner, operator, manager, and
employee, is true and correct. This individual shall also acknowledge that he or
she, along with each other owner, operator, and manager, shall be responsible
for the conduct of all employees (including independent contractors) on the
premises of the massage establishment or while working on its behalf, and that
violations of the provisions of this chapter shall be grounds for revocation of the
business license.
(2) The legal name(s) of, and each fictitious business name used by, each owner
and operator of the proposed massage establishment and what type of legal
entity each is, i.e., whether a sole proprietorship, general partnership, limited
partnership, limited liability company, corporation, or otherwise. Proof in the form
of certified copies of an entities articles of incorporation, charter, articles of
formation, certificate of limited partnership, dba filings, or other documents may
be required by the director in his or her discretion. For corporations, the name of
the corporation shall be set forth exactly as shown in its articles of incorporation
or charter together with the state and date of incorporation and the names and
residence addresses of each of its current officers and directors, and of each
shareholder or other person who has an ownership interest in the corporation.
For limited liability companies, the name of the limited liability company shall be
set forth exactly as shown in its articles or organization or other organizational
document together with the state and date of organization and the names and
residence addresses of each of its current officers, directors, and managers, and
of each member or other person who has an ownership interest in the limited
liability company. For partnerships, the application shall set forth the name and
residence addresses of each of the partners, including limited partners. If one or
more of the partners of a partnership is a corporation or limited liability company,
the provisions of this subsection pertaining to corporations and limited liability
companies shall apply.
(3) The precise name under which the massage establishment is to be conducted,
along with the complete address and all telephone numbers of the massage
establishment. No massage establishment shall operate under any business
name or conduct business under any designation not specified in the business
license.
(4) A scaled and dimensioned floor plan showing entrances, exits, windows, interior
doors, restrooms, all other separately enclosed rooms (including, but not limited
to, closets, storerooms, break rooms, and changing rooms), and the location of
massage tables and chairs.
Page 35
(5) A complete
lete current list of the names and residence addresses of all current or
proposed employees of the massage establishment and their respective Mobs or
positions.
(6) True and correct copies of the current CAMTC certificate and CAMTC-issued
identification card for each employee/massage technician who will be providing
massage services for or at the massage establishment (including independent
contractors).
(7) The following personal information for each individual owner, operator, and
manager of the massage establishment. The director may waive this
requirement, in whole or in part, for any individual where it is shown to the
satisfaction of the director that such individual will not be directly involved in the
operation of the proposed massage establishment.
a. Full complete name and all aliases or fictitious names used within the last
ten years;
b. The individual's current residential and business addresses, and a list of all
previous residential and business addresses for a minimum of the last eight
years;
C. Written proof of the individual's age, date of birth, height, weight, color of
hair and eyes, and sex;
d. Two identification photographs and fingerprints;
e. The individual's complete business, occupation and employment history for
the ten years immediately preceding the filing of the application, including,
but not limited to, the names and addresses of any other massage
establishments or similar businesses the individual has owned, operated.,
managed, provided massage services at, or worked at;
f. The complete massage permit history for the individual; whether the
individual has had a permit or license to operate, manage, provide massage
services at, or work at a massage establishment denied, revoked, or
suspended in any iurisdiction; the reasons for any such denial, revocation,
or suspension; and the business, activity, or occupation the applicant
engaged in subsequent to such denial, revocation, or suspension;
q. A description of all criminal convictions, including pleas of nolo contendere,
within the last ten years, including those dismissed or expunged pursuant
to California Penal Code section 1203.4, but excluding traffic or infraction
violations, and the date and place of each such conviction and reason
therefor;
h. Such other information and identification deemed necessary by the sheriffs
department.
(8) The name and address of the owner and lessor of the real property upon or in
which the massage establishment is to be conducted. In the event the owner of
the massage establishment is not the legal owner of the property, the application
Page 36
must be accompanied by a notarized acknowledgment from the owner of the
property that a massage establishment will be located on his/her/its property, and
that the massage establishment shall be subject to the provisions of this chapter,
along with a copy of the lease, if applicable.
Issuance or denial of a massage establishment business license. Upon receipt of a
complete application for a massage establishment business license, the director shall
conduct a background investigation, review the application and determine whether to
issue, deny, and/or condition a business license in accordance with this title. In
addition to the grounds for denial set forth in section 5.04.050, the director may deny
an application for an initial or a renewal massage establishment business license if
he or she makes any of the following findings:
(1) A massage establishment is not a permitted use in the proposed location or no
conditional use permit for the massage establishment has been issued, if
applicable, and the massage establishment does not possess legal
nonconforming use status, pursuant to the provisions of title 22, Development
Code.
(2) Within twelve months prior to the submittal of the application, the location of the
proposed massage establishment has been the site of a massage establishment
that was closed, either voluntarily or in response to action by the city, due to
arrests for criminal activity, violations of this section, and/or notices pertaining to
criminal activity, code violations, or business license suspension or revocation
proceedings.
(3) Anyone who provides or will provide massage services for or at the massage
establishment, does not possess a current and valid CAMTC Certificate.
(4) Any owner, operator, manager, or employee of the massage establishment has
engaged in disgualifVing conduct. Disgualifying conduct includes the following:
a. Within ten years preceding the date of filing of the application, the individual
has been convicted in a court of competent iurisdiction of any of the
following:
(i) A violation of any provision of law pursuant to which a person is
.required to register under the provisions of California Penal Code
section 290;
(ii) Conduct in violation of California Penal Code sections 266h, 266i,
315, 316, 318, 653.22, 653.23, or 647 (b);
(iii) An attempt to commit or conspiracy to commit any of the above
mentioned offenses;
(iv) When the prosecution accepted a plea of guilty or nolo contendere
to a charge of a violation of California Penal Code sections 415, 602,
or any lesser included or related offense, in satisfaction of, or as a
substitute for, any of the previously listed crimes;
Page 37
(v) Any crime committed while engaged in the management or
ownership of a massage establishment or the practice of massage;
NO A violation of any offense involving the illegal sale, distribution or
possession of a controlled substance specified in California Health &
Safety Code section 11054, 11055, 11056, 11057 or 11058; o
(vii) Any offense under a statute of any state or ordinance of any city or
county, which is the equivalent of any of the aforementioned
offenses, including California Business & Professions Code section
4609(a).
b. Within ten years preceding the date of the filing of the application, the
individual has had any massage establishment, operator, technician,
practitioner, therapist, or trainee certificate, license, or permit issued by any
state, local agency, or other licensing authority, including the CAMTC,
denied, revoked, or suspended for any reason other than lack of sufficient
education; or has had to surrender such a certificate, license, or permit as
a result of pending criminal charges or administrative proceedings for
suspension or revocation of any such certificate, license, or permit;
C. Within five vears preceding the date of filing of the application, the individual
has been convicted in a court of competent jurisdiction of any of the
following:
(i) Any crime, other than an infraction or those listed above, involving
dishonesty, fraud, or deceit with the intent to substantially benefit
himself or another, or substantially injure another;
(ii) Any crime, other than an infraction or crimes relating to those
offenses listed above, where the crime or act is substantially related
to the management or ownership of a massage establishment or the
,Practice of massage, including a violation of the Massage Therapy
Act,
NO Has been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Penal Code
sections 11225 through 11235, as the same may be amended from
time to time, or anv similar provisions of law in a iurisdiction outside
the State of California; o
(iv) Has been found to be maintaining a nuisance in connection with the
same or similar type of business, or
d. Within five vears preceding the date of filinq of the application, the individual
has engaged in the exposing of specified anatomical areas of oneself or of
another person to view, or in touching the specified anatomical areas of
oneself or of another person, while providing massage services or while
within view of a customer or patron of the massage establishment, or has
been the owner, operator, or manner of an establishment where such
conduct occurred.
Page 38
h) Renewal of massaae establishment business licenses.
(1) Business licenses for massage establishments shall be renewed annually in
accordance with this title.
(2) Each applicant for renewal of a massage establishment business license shall
provide such information and documents as may be reasonably required by the
director to determine that the massage establishment is operating in compliance
with the provisions of this title and/or any conditions imposed on the business
license. The director may refuse to renew a business license for a massage
establishment upon finding the existence of any facts or circumstances that
would constitute grounds for the denial or revocation of a business license.
(i) Requirements of operation formassage establishments. The following requirements
of operation shall apply to all massage establishments located in the city. Each
owner, operator, and manager of a massage establishment shall be responsible for
ensuring that the requirements of operation are complied with at all times.
(1) Building and facility requirements.
a. All massage rooms and dressing rooms shall be screened off by hinged
doors, draw drapes, curtain enclosures, or accordion -pleated closures.
Except for bathroom doors, interior doors shall not have locks on them.
b. In addition to the minimum lighting required by Chapter 15.00 Division 6 of
the Municipal Code, all rooms in which massages are being provided shall
be lit with a minimum of one light fixture emitting at least 210 lumens for
every 150 square feet of space during the administration of such services,
with lighting levels spread evenly throughout the space. No dimmer
switches, strobe lights, flashing lights, colored light, or any coverings or
other apparatus, other than a lampshade, which changes or darkens the
color of the primary light source shall be used in any room in which massage
services are being provided.
C. Any locker facilities provided for the use of patrons shall be fully secured for
the protection of the patrons' valuables, and the patron shall be given
control of the key or other means of access.
d. The walls in all rooms where water or steam baths are given shall have a
washable mold -resistant surface.
e. One main entry that enters into the reception area shall be provided for
patron use. Where feasible, this main entry shall be located on the storefront
side of the building or tenant space. All patrons, and any persons other
than those providing services at the massage establishment, shall be
required to enter and exit solely through the main entry.
f. All exterior doors (except rear exterior doors used only for employee access
to and from the massage establishment) shall remain unlocked during
business hours, and the establishment shall comply with the provisions of
the Diamond Bar Municipal Code pertaining to the posting of signs stating
that doors shall remain unlocked during business hours. Exits for
Page 39
emergency purposes shall be provided where deemed necessary by the
building official. Notwithstanding the above, all exterior doors may be
locked, provided that the massage establishment is a business entity owned
by one individual with one or no employees or independent contractors.
q. There shall be no audio or visual internal communication devices within the
establishment, such as, but not limited to, buzzers, alarms, or intercom
systems.
(2) Maintenance of premises and equipment
a. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other
physical facilities of the establishment shall be in good repair and maintained
in a clean and sanitary condition.
b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
shower compartments and toilet rooms shall be thoroughly cleaned each da
the business is in operation.
c. Adequate equipment for disinfection and sterilization of instruments used in
performing the massages shall be provided.
d. Hot and cold running water shall be provided at all times.
e. Clean and sanitary towels and linens shall be provided for each patron of the
establishment or each patron receiving massage services. No common use
of towels or linens shall be permitted.
f. Standard or portable massage tables or chairs shall be used with a durable,
washable plastic or other waterproof material as a covering. Beds,
mattresses, water beds, futons, sofa beds, any type of portable or convertible
beds, and foam pads more than four inches thick or with a width of more than
four feet shall not be permitted in the establishment.
(3) Personnel lists.
a. Copies of the CAMTC certificate and identification card for each employee
required to possess a CAMTC certificate pursuant to this chapter shall be
maintained on file on the premises of the massage establishment at all times,
and for a minimum period of two years following the date that the person ceases
Providing services/employment to the massage establishment. Copies shall be
made available to any individual upon request, including but not limited to
employees of the city. In addition, within ten days of a massage establishment
hiring or contracting with a new employee, written notice of the name,
residential address, and position of the new employee and true and correct
copies of his or her CAMTC certificate and identification card (if required) shall
be filed with the director.
b. Within five days of the expiration, revocation, suspension, or surrender of an
employee's CAMTC Certificate, the owner or operator shall provide written
notice of such expiration, revocation, suspension, or surrender to the director,
and such employee shall not be permitted to operate, manage or provide
Page 40
massage services at the massage establishment until and unless a he or she
receives a valid new or renewed CAMTC Certificate and a copy of such new
CAMTC Certificate and identification card for the employee has been provided
to the director.
c. A register of all persons who are currently, or who within the last two years
were, employed, working or providing services at or for the massage
establishment shall be maintained on the premises of the massage
establishment at all times. The owner shall make the register immediately
available for inspection upon demand of a representative of the sheriff's
department, any health officer, or any other official charged with enforcement
of this title. The register shall include at least the following information:
1) Name, nicknames, and/or aliases•
2) Home address and relevant phone number, including but not
limited to home, cellular, and pager numbers;
3) Age, date of birth, gender, height, weight, color of hair and eyes;
4) The date of employment, and termination, if any;
5) The duties of each person.
(4) Hours of operation.
a. No massage establishment shall be open for business or operated
between the hours of 10:00 p.m. and 7:00 a.m. of any day, and all
customers, patrons and visitors shall be excluded from the massage
establishment between those hours. A massage begun any time before
10:00 p.m. shall nevertheless terminate at 10:00 p.m. The hours of
operation shall be displayed in a conspicuous public place in the lobby
within the massage establishment and in any front window outside of the
massage establishment.
b. During hours of operation, only employees of the massage establishment
or a patron shall be allowed beyond the reception area of the massage
establishment, with the exception of representatives of the sheriff's
department, any health officer, any other official charged with enforcement
of this title, or a CAMTC official.
c. Patrons and visitors shall only be permitted in the massage establishment
during the hours of operation.
(1) Visitors who are not patrons shall only be permitted in the reception
area of the massage establishment.
(2) Patrons shall only be permitted in massage treatment areas if at least
one massage technician is on the premises.
d. The massage establishment shall be supervised during all hours of
operation by a manager specified in the permit application. The name and
photograph (minimum size of four inches by six inches) of the on -duty
manager shall be posted in a conspicuous public place in the lobby of the
Page 41
massage establishment at all times that the business in open. This
provision shall not apply to sole providers.
e. No massage establishment shall be used for residential purposes.
(5) Posting requirements. In addition to any other requirements for posting set forth in
this title, the following requirements shall apply:
a. A recognizable and legible sign complying with the requirements of this
code shall be posted at the main entrance identifying the establishment
as a massage establishment.
b. Each service offered, the price thereof, and the minimum length of time
such service shall be performed shall be posted in a conspicuous public
location in each massage establishment. No services shall be performed
and no sums shall be changed for such services other than those posted.
Nothing herein prohibits a voluntary tip from being paid by the patron.
c. Any posted signs which are in a language other than English shall also be
posted in English.
6) Prohibited conduct Each owner. operator. and manaaer shall be responsible for
the conduct of all employees while such employees are performing services at or
for the massage establishment. Any act or omission of any employee constituting
a violation of this chapter shall be deemed an act or omission of each of the
owners, operators, and managers for purposes of determining compliance with this
chapter and whether the business license or any other permit required by the city
shall be revoked, suspended, denied, or renewed. In addition to conduct
Prohibited by any other provision of law or this code, the following conduct at or by
employees of massage establishments is expressly prohibited:
a. No alcoholic beverages
shall be sold, served,
or furnished on the
premises of any massage
establishment unless
expressly
authorized
under a conditional use
permit and licensed by
the Department
of
Alcoholic Beverage Control.
b. No storage or sale of
condoms, spermicides
or other
makeshift
Prophylactic materials (e.g.
plastic wrap) shall be
permitted
within the
massage establishment.
c. No person shall use or possess, nor shall there be any storage of, any
sexually -oriented implements or paraphernalia which are designed or
marketed primarily for the stimulation of human genital organs or
sadomasochistic activity.
d. No electrical, mechanical, or artificial device shall be used by an
massage establishment employee for non -security audio and/or video
recording or for monitoring the performance of a massage, of the
conversation or other sounds in the massage rooms, without the prior
written consent of the patron.
Page 42
No employee of a massage establishment shall, while engaged in the
practice of massage, or while visible to patrons in the massage
establishment, dress: (i) in attire that is transparent, see-through, or
substantially exposes the employee's undergarments; (ii) in a manner that
exposes the massage technician's breasts, buttocks, or genitals• NO in a
manner which has been deemed by CAMTC to constitute unprofessional
attire based on the custom and practice of the profession in California; or
(iv) in swim attire unless such person is providing a water-based massage
modality which has been approved by CAMTC.
No owner, operator, manager or employee of a massage establishment
shall engage in, or Permit any other employee to engage in, any form of
unprofessional conduct as defined in California Business and Professions
Code section 4609(a)(1), including, without limitation, engaging in any
form of sexual activity on the premises of a massage establishment or
while providing massage services, providing massage of the genitals or
anal regions, or providing massage of the breasts of a female patron
without the written consent of the person receiving the massage and a
referral from a licensed California health care provider.
(0) Inspections.
(1) Representatives of the sheriff's department, fire department, community
development department, and agents for the city or from the County Public
Health Department, and representatives of any state or local agencies with
regulatory authority over massage establishments shall have the right to enter
massage establishments, from time to time, during regular business hours, or at
any time that the massage establishment is occupied or open for business, to
verify the massage establishment is in compliance with all applicable laws
without the need for an inspection or abatement warrant. No person shall refuse
to permit, cause delay of, or interfere with, a lawful inspection or compliance
check of the premises by such officials at any time.
(2) The operator shall cause to be conspicuously posted so that the same may be
readily visible to persons in the reception area of the massage establishment, in
letters that are a minimum of one inch in height, a notice in English and such
other languages as may be convenient to communicate such notice, which
provides substantially as follows:
THIS MASSAGE ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY
AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE
In addition, operators are encouraged to post this notice in languages) that are
best understood by the customers of the massage establishment.
rmT.m,3.- 4! lk a zmmwwm
Sec. 5.08.080. - Pawnbrokers and second hand dealers.
Page 43
(a) [Definitions.] The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1) Pawnbroker means any person engaged in the business of receiving goods in
pledge as security for a loan.
(2) Pawnshop means any room, store, building or other place in which the business
of pawnbroker is engaged in, carried on or conducted.
(3) Secondhand dealer is a person, other than a used -car dealer or dealer in
secondhand books or magazines, engaged in conducting, managing or carrying
on the business of buying, selling or otherwise dealing in secondhand goods,
wares or merchandise, including gold, silver, platinum and mercury, but does not
include a person who does not sell, or offer to sell, secondhand goods, wares or
merchandise except such as is received by such person as payment or part
payment for a new article sold by him.
(b) Hours of operation. A pawnbroker and second hand dealer shall not, and an agent or
employee of a pawnbroker shall not, accept any pledge, or loan any money on
personal property, or purchase or receive any goods or merchandise, or any article
or thing whatsoever, or in any manner whatsoever engage in or conduct the business
of pawnbroker between 7:00 p.m. of any day and 7:00 a.m. of the following day.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.08.090. - Peddling—Solicitation.
(a) Definitions:
(1) Commercial shall mean and include the sale of goods, wares or merchandise for
profit, whether or not a profit is made, and not for any charitable purpose.
(2) Hawking shall mean advertising, promoting or soliciting customers for the sale of
any goods, wares or merchandise, whether or not a sale takes place.
(3) Peddle and peddling shall mean: (a) hawking or selling any goods, wares or
merchandise, including liquids or edibles for human consumption, by traveling or
going by any means of locomotion whatsoever from place to place, from house
to house or business to business, or (b) hawking or selling any goods, wares or
merchandise, including liquids or edibles for human consumption, from or on the
street, on any public property or on any private property without the permission
of the owner or other person in possession and control of the property.
(4) Solicitation shall mean the request, directly or indirectly, of money, credit,
property, financial assistance or other things of value for the commercial or retail
sale of goods, wares or merchandise by taking an order for delivery and
promising later delivery of such goods, wares or merchandise. Individuals
engaged in commercial solicitation for future delivery solely as an incident to
engaging in a business otherwise licensed under this chapter and for which the
Page 44
employer has a current, valid license shall not be deemed to be engaged in the
business of commercial solicitation.
(b) License fee waivers. Veterans, as defined by Business and Professions Code §§
16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell
goods, wares or merchandise owned by them, except alcoholic beverages.
(c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to
this chapter shall carry an original business license, along with picture identification,
at all times when peddling.
(d) Operating requirements.
(1) Generally.
a. No person shall peddle or solicit for commercial purposes in any area of the
city which is zoned for residential use under this Code, from 8:00 p.m. until
9:00 a.m. of the following day.
b. No peddler or commercial solicitor shall touch, come into physical contact
with, or affix any object to another person or any member of the public,
without first receiving express permission therefor from such member of the
public.
c. No peddler or commercial solicitor shall persistently and importunately solicit
any member of the public after such member of the public expresses his or
her desire not to be solicited.
d. No peddler or commercial solicitor shall intentionally and deliberately obstruct
the free movement of any member of the public on any street, sidewalk or
other place or in any place open to the public generally.
Nas 111111,01 M Ke R" U&IM W a M M =1
Sec. 5.08.100. - Tow trucks and towing companies.
(a) [Definitions.] For purposes of this chapter, the following term shall have the following
meaning:
(1) Tow truck shall mean a motor vehicle which has been altered or designed and
equipped to tow another motor vehicle by means of a crane, hoist, tow bar, tow
line or dolly.
(b) Exemptions. The provisions of this chapter shall not apply to tow trucks or vehicles
licensed pursuant to Vehicle Code § 11500 et seq. and Business and Professions
Code § 7500 et seq.
(c) Application information. In addition to the information prescribed by the director of
community development, an application for a tow truck service operator's license
shall include the following information:
(1) A map of the district, area or territory to be served by the tow truck service;
Page 45
(2) A schedule of rates proposed to be charged in the areas of the city where the
applicant proposes to operate the service; and
(3) The description and location of the operational facilities of the applicant.
(d) Operating requirements.
(1) Service records to be kept A tow truck service operator shall maintain the
following records for each order of service:
Location where tow service requested;
Date and time request made;
Description of vehicle towed;
Location to where vehicle towed;
Identification of dispatcher;
Identification of driver; and
Time of dispatch.
(2) Inspection. Such records shall be available for inspection by the director of
community development and the sheriff for a period of at least six months.
(3) Drivers—License preconditions. A tow truck service operator shall not permit any
person to operate a tow truck authorized under his or her license unless such
driver has, in his or her possession, a valid driver's license issued by the State of
California Department of Motor Vehicles.
(4) Insurance requirements. The director shall not issue a tow truck service
operator's license until the applicant has filed a copy of the policy of liability
insurance pursuant to section 5.00.170 that covers every tow truck to be operated
pursuant to the operator's license.
(5) Indemnification. Every operator licensed pursuant to this title shall sign an
indemnification agreement as provided in section 5.00.170 in a form approved by
the city attorney.
(6) Tow truck facility security. If the tow truck service provides storage of towed
vehicles, the operator shall provide security for such vehicles during all business
hours.
(7) Locking of vehicles. If the tow truck service provides storage of towed vehicles,
the operator shall lock each ignition, remove the key, and place the key in a safe
place.
(8) Sign requirements. The operator shall install and maintain a sign on the business
premises, plainly visible from the street, showing the operator's name, the
address of the business, the time when the premises are closed and the towing
and storage fees, if any.
Page 46
No signs shall be posted, pursuant to this section, which would be in violation of
the Diamond Bar Municipal Code.
(9) Rates charged. A copy of the rates charged for utilizing a tow truck's services
shall be posted in each tow truck.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE - PLANNING CASE NO. PL 2015-205.
A. RECITALS
1 There is substantial research that indicates that skillful practice of
massage can provide many health benefits, including relief of pain from
disease, injury and other sources, and that massage can be a valuable
component of a wellness program.
2. In 2008, the California Legislature passed SB 731 which added a new
Chapter 10.5 to the California Business and Professions Code which
provided for the formation of a nonprofit Massage Therapy Organization to
oversee a state -sanctioned program of voluntary certification for massage
practitioners so that such persons could avoid being required to obtain
local massage permits.
3. In compliance with SB 731, the City of Diamond Bar amended Chapter 22
of the Diamond Bar Municipal Code.
4. The changes that the City was required to make in compliance with
SB 731 and the subsequent amendments thereto severely limited the
manner in which the City could regulate - massage establishment
businesses.
5. Prior to SB 731, the City required conditional use permits for massage
establishments and at the time of SB 731's effective date, the City had
four massage establishments.
6. Since the passage of SB 731 the number of massage establishments in
Diamond Bar has grown from four to fifteen, and currently ten massage
establishments are in operation in the City.
7. The proliferation of massage establishments without adequate regulations
has had many negative impacts in the City, including, but not limited to,
the proliferation of illicit businesses and impacts on City services.
8. SB 731 had a sunset date of January 2, 2015.
9. In September 2014, the Legislature adopted AB 1147, amending the laws
enacted by SB 731 and the various amendments thereto.
10. The purpose of AB 1147 was to restore much of the local control and land
use authority to local governments which had been usurped by SB 731
and the various amendments thereto.
11. On January 6, 2015, the City Council adopted Interim Urgency Ordinance
No. 02 (2015), prohibiting the establishment, expansion or relocation of
massage establishments Citywide for a period of 45 days. The urgency
ordinance was subsequently extended 10 months and 15 days on
February 3, 2015, and again for one year on December 1, 2015.
12. The City is presently developing proposed amendments to Title 5 of the
Diamond Bar Municipal Code in order to make changes in its regulation of
massage establishment businesses and the practice of massage
consistent with AB 1147 in order to protect the public.
13. In conjunction with. the proposed amendments to Title 5 pertaining to the
regulation of massage establishments, the City desires to amend Title 22
of the Diamond Bar Municipal Code in order to revise the City's
regulations pertaining to the permissible locations and permit
requirements for massage establishments.
14. There are no tattoo parlors currently located in the City; however, it is
recognized that the establishment of tattoo parlors in the City has the
potential to result in secondary negative impacts, such as an increase in
crime and the sale of illegal drugs immediately surrounding tattoo parlors
and the impairment of the market values and aesthetic and visual qualities
of the properties adjacent to tattoo parlors. Accordingly, the City also
desires to amend Title 22 of the Diamond Bar Municipal Code to provide
that tattoo parlors shall be a permitted use in the C-3 zoning district. The
C-3 zoning district will afford sufficient opportunities should a tattoo parlor
seek to locate in the City in the future and is an appropriate zoning district
for tattoo parlors to be established in because properties within this zoning
designation are located on major intersections within the City and are near
other service-oriented uses.
15. Pursuant to Government Code Section 65090 and 65353, a notice of at
least 1/8 page display was published in the Inland Valley Daily Tribune
and San Gabriel Valley Tribune newspapers on September 2, 2016, a
copy of the public notice was posted at the City's three designated
community posting sites, and notified the existing establishments by mail.
16. The City has determined that the proposed Development Code
Amendment is not subject to the California Environmental Quality Act
("CEQA") because it can be seen with certainty that the proposed
Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment
2 PC Resolution No. 2016-23
(Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is
covered by the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment
(Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to
organizational or administrative activities of governments that will not
result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines). The proposed
Development Code Amendment merely limits the zoning districts in the
City in which massage establishments and tattoo parlors may be located
and establishes permitting requirements for these uses, but does not
expand the areas in the City in which such uses may be established. The
changes provide the City with the authority to better regulate these
businesses and the regulatory changes will not create any environmental
impact. Therefore no further environmental review is required.
17. On September 13, 2016, the Planning Commission held a duly noticed
public hearing regarding the proposed Development Code Amendment
reflected in the draft ordinance attached hereto as Exhibit "A" and
incorporated by reference into this Resolution, and duly considered all
public testimony, evidence, and staff analysis.
18. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
19. All legal prerequisites to the adoption of this Resolution have occurred.
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. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. PL 2015-205 by adopting the
amendments to Title 22 of the Diamond Bar Municipal Code described in
the draft ordinance attached hereto as Exhibit "A" and incorporated herein
by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
3 PC Resolution No. 2016-23
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2016 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
nifer'qaqI e, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 13th day of September, 2016, by the following vote:
AYES: Commissioners: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
4 DCA PL2015-205
1188992.1
Exhibit "A"
ORDINANCE NO. XX (2016)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE
22 OF THE MUNICIPAL CODE -PERTAINING THE PERMISSIBLE
LOCATIONS AND PERMIT REQUIREMENTO TS FOR MASSAGE
ESTABLISHMENTS AND TATTOO PARLORS.
WHEREAS, on September 13, 2016, the. Planning Commission held a duly
noticed public hearing regarding proposed amendments to the Development Code
pertaining to massage establishments and tattoo parlors, Planning Case No. PL 2015-
205, and adopted Resolution No. 2016 -XX recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on 1 2016, the City Council held a duly noticed
public hearing regarding the proposed Development Code Amendments; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQX) because it can be seen with eect
ntat the proposed Development Code Amendments will not result in a dor
reasonably foreseeable indirect physical change in the environment (Section
15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule
that CEQA applies only to projects that have the potential for causing a significant effect
on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply
to organizatio'nal or administrative activities of governments that will not result in direct
or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA
Guidelines); and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2016 -XX, a copy of which is on file with the City if
Clerk and which is incorporated herein by reference with the same force and effect as
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial
district land use . s and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses in the office professional (OP), office business park (OB), and commercial
office (CO) zoning districts and to clarify that all other types of "personal services" land
uses are permitted uses in such zoning districts (deletions in stFikethFeugh text;
additions in bold/underline text):
1189993.2
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE
7nNiNr, n1.qTR1('.T.q
LAND USE I OeOB(3) CO
SERVICE USES
Personal services excluding
massage establishments and
tattoo arlors
P
P
P
PeFsenal seFViGes AGUpFessure7
massa
(;Ijp /a\
(6)
Cup (6)
Notes:
SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses +R -thein the neighborhood commercial (C-1), community commercial (C-2),
and regional commercial (C-3) zoning districts; that "massage establishments" are a
conditionally permitted "personal services" land use in the community commercial (C-2)
and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a
permitted, "personal services" land use in the regional commercial (C-3) zoning district
(deletions in stF;kethFeug-h text; additions in bold/underline text). -
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
CO1411F12('JA1 /11111 J.qTQ1W 7*11111r,' Y1r1-qTP1r'TQ —
LAND USE
C-1
mill,
52-1�2 -Mair-r-M.
IM
ml
SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses +R -thein the neighborhood commercial (C-1), community commercial (C-2),
and regional commercial (C-3) zoning districts; that "massage establishments" are a
conditionally permitted "personal services" land use in the community commercial (C-2)
and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a
permitted, "personal services" land use in the regional commercial (C-3) zoning district
(deletions in stF;kethFeug-h text; additions in bold/underline text). -
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
CO1411F12('JA1 /11111 J.qTQ1W 7*11111r,' Y1r1-qTP1r'TQ —
LAND USE
C-1
C-2
C-3
See
Standards in
Section:
SERVICE USES
Personal services
5.08.070,
- AGUPFessur,--,
thera
22.42.077
massage F -3-i
tattee paFlefs.
G U P-( 6)
C U p kp&)
C U p kC4
Massage
establishments
Personal
services -
P
Tattoo parlors
I
Notes:
SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces
required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as
follows (deletions in &tpk_e� text; additions in bold/underline text):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
Service uses-.
BaFb-e-.r/-b - auty sheps (aPA-et4eF 1 space for each 250 sq. ft. of gross
peFSGRal_s_ePAGe&fFatteo floor area
studies, massage tierapy)
Personal services
SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented
businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended
as follows (deletions instril�ethmwgh text; additions in bold/underline text:
(6) Location/separation requirements. it is I unlawful . to cause or allow the
establishment of an adult arcade, adult bookstore, adultcabaret, adult motel,
adult motion picture theater-, or adult theater-,p4ass_ag-e-� within 500 feet of
any other similar adult business, religious institution, school, public park or any
property designated for residential use or used for residential purposes.
SECTION 5. Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for "massage establishment" and to revise the definition
of "personal services" (deletions in &4*,ethfc� text; additions in bold/underline text):
(m) Definitions, W." The following definitions are in alphabetical order:
Massage establishment. A_ business. engaging in..._massa _qe
services pursuant to the provisions set forth in section 5.08.070.
(p) Definitions, "P." The following definitions are in alphabetical order:
Personal services. Establishments providing nonmedical services to
individuals as a primary use, including:
AGupFessu4:e
Clothing rental
Dry cleaning pick-up stores
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
Tailors
Tanning salons
Tattoo parlors
These uses may also include accessory retail sales of products related to
the services provided.
SECTION 6. Any land use constituting a "massage establishment" as
defined in Section 5 of this Ordinance that was legally established and operating with a
valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar
Municipal Code, and all other required City permits or approvals prior to the effective
date of this Ordinance, and that is made nonconforming by this Ordinance because no
approved Conditional Use Permit for the use exists and/or the use is not located in a
zoning district in which such a use is permitted pursuant to the provisions adopted or
amended by this Ordinance, shall be considered a nonconforming use subject to the
provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22
of the Diamond Bar Municipal Code; provided, however, that all such nonconforming
uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code,
as amended.
SECTION 7. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had
been declared invalid or unconstitutional.
mll[-*�1111161
SECTION 8. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published once
within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of
general circulation, published and circulated in the City of Diamond Bar and shall post a
certified copy of this Ordinance, together with the vote for and against the same, in the
Office of the City Clerk.
SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02
(2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use
permits or business licenses for establishment, expansion, or relocation of massage
establishments Citywide, shall be deemed repealed and of no further force and effect.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Nancy A. Lyons, Mayor
1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of
October 2016, by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
Attachment 2
Title 5 - BUSINESS LICENSINGM
Footnotes:
--- (1) ---
Editor's note—Ord. No. 09(2007), § 1, adopted December 4, 2007, repealed the
former Title 5, §§ 5.00.010-5.200.150, and enacted a new Title 5 as set out herein.
The former Title 5 pertained to business licenses and regulations. See Code
Comparative Table for history.
Cross reference— Revenue and finance, tit. 3; dog licensing, § 6.08.210 et seq.;
licenses for animals other than dogs, § 6.16.010 et seq.; permits for collection of solid
waste, recyclable and compostable materials, § 8.16.410 et seq.; highway permits, §
12.04.110 et seq.; permits relating to sewers and sewage disposal, § 13.00.310 et seq
industrial waste permits, § 13.00.2010 et seq.; utility franchising regulations, §
13.08. 010 et seq.
CHAPTER 5.00. - BUSINESS LICENSES GENERALLY
Sec. 5.00.010. - Definitions.
The following words, terms and phrases, when used in this title, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Applicant means a person who has applied for, but not obtained, a business license
or renewal required by this title.
Application means a written request made to the city by the applicant for a business
license or renewal required by this title.
Business means any employment, avocation, occupation, profession, trade, calling,
lawful game, show, exhibition, event, venture, fund-raising activity, commercial
enterprise, company, corporation, joint enterprise, place of business, partnership or other
activity or enterprise engaged in for gain, profit, benefit, advantage, or livelihood, whether
or not a gain, profit, benefit, advantage or livelihood is earned by such business.
Branch establishment means a location where a business is conducted in addition to
its main or fixed place of business.
Business license means a license issued pursuant to this title by which each business
owner having a business or is doing business in the city is required to provide general
information to the city and obtains a license prior to conducting business in the city.
City means the City of Diamond Bar.
Director means the director of community development.
Page 1
Home based business means a business conducted within a residential dwelling unit
or structure, employing occupants of the dwelling unit, with the business activity being
subordinate to the residential use of the property.
Person means and includes any business owner, individual, firm, co -partnership, joint
venture, association, corporation, estate, business trust, or any other group or
combination acting as a unit.
Premises means all lands, structures, places and also the personal property,
equipment and appurtenances connected with or used in any business.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.020. - Purpose.
The purpose of this title is to establish a regulatory mechanism whereby the city may
review the management and ownership of specific types of businesses, maintain an
accurate record of businesses conducting business in the city for statistical purposes and
to assist in zoning compliance. The business license program is not designed to raise
revenue, nor is it a substitute for land use regulations.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.030. - Business license and fee required.
(a) Business license.
(1) No person shall conduct any business in the city without first having obtained a
business license, paid the applicable business license fee and complied with any
and all applicable provisions of this Code.
(2) A separate business license shall be obtained for each business location and for
each separate type of business at the same location.
(3) A home based business shall be required to obtain a business license prior to
conducting business within a residential dwelling unit or on residential property.
(4) Except as otherwise provided in this title, an employee of a business that has
obtained a valid Diamond Bar Business License is not required to obtain a
separate business license.
(5) A business license shall not be issued to a business that requires training or state
licensing for the business owner, or for each technician or employee, until
satisfactory proof of training or licensing is provided to the city. These businesses
include without limitation, barbers, cosmetologists, estheticians and manicurists.
(6) A business license shall not be issued to a business that requires Workers'
Compensation Insurance until satisfactory proof of having Workers'
Compensation Insurance is provided to the city.
(b) Fee required.
Page 2
(1) Every person engaging in business in the city shall pay a business license fee as
prescribed by resolution adopted by the city council.
(2) When a business license fee is imposed upon any business pursuant to this title
and such business is conducted at one or more fixed places of business and one
or more branch establishments, the fee shall be computed as if each fixed place
of business and branch establishment are separate and independent.
(3) The business license fee is not a revenue raising device, but shall bear a
reasonable relationship to the costs incurred by the city in reviewing, processing
and action upon the application.
(4) The city council shall, from time to time, review the resolution fixing the business
license fee and shall adjust the business license fee to reflect the city's costs.
(c) The following businesses are exempt from paying the business license fee upon
satisfactory proof that the business meets the requirements for the exemption:
(1) Non-profit and charitable organizations;
(2) Businesses exempt from paying fees under the Constitution of the United States
or the State of California, or under the laws of the State of California.
(d) Evidence of doing business. When a person by use of signs, circulars, cards,
telephone book, or newspapers, advertises, holds out, or represents that such person
is conducting business in the city, or when a person holds an active license or permit
issued by a government agency indicating that such person is in business in the city,
then these facts shall be considered prima facie evidence that such person is
conducting a business in the city for purposes of this title.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.040. - General application procedures.
(a) Applications for a business license shall be filed with the city and shall comply with
the following requirements:
(1) Completion of an application on the form designated by the city and signed by
the applicant under penalty of perjury;
(2) Applications shall be filed a minimum of 30 days prior to the date requested for
issuance of the permit;
(3) Payment of the applicable filing fee; and
(4) Such other information as may be required by the city.
(b) Except as otherwise provided in chapters 5.04 and 5.08 of this title, the city shall
process the application and issue a business license upon receipt of a completed
application and the required fee. The application may be reviewed by the department
of finance, community development and other city departments or governmental
agencies to determine if the business operations and premises to be occupied meet
the requirements of federal, state, and/or local laws.
Page 3
(c) Contents of general business license application.
(1) Each business license application shall contain the following:
a. Business name;
b. Business address;
c. Permanent mailing address of the applicant;
d. Phone number;
e. Fax number;
f. Employer I.D. number (or Social Security number);
g. State resale permit;
h. State employer I.D. number;
i. State contractors/business and profession license number (if applicable);
j. Description of the business being conducted;
k. Days and hours of operation:
I. Start date;
m. Type of ownership;
n. Owners or principal officers;
o. Description of all vehicles and mechanical equipment owned by or under the
control of the business;
p. Business license number (in the case of a renewal application);
q. Business license fee paid;
r. Health permit number (if applicable);
s. Workers' Compensation Insurance Policy number, date and date of
expiration (if applicable);
t. Proof of any other required county, state or federal training and/or license or
permit; and
u. Such other information as may be required by the application form or
requested by the city for enforcement and administration of this title.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.050. - Contents of a business license.
Upon the payment for a business license and pursuant to any applicable provisions
of chapters 5.04 and 5.08 of this Code, the city shall issue a business license to the
applicant which shall contain the following:
(a) Type of business;
Page 4
(b) Name of business;
(c) Business location;
(d) Business owner;
(e) Expiration date;
(f) Business license number;
(g) Amount of fee paid for business license; and
(h) Such other information as deemed necessary by the city.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.060. - Annual renewal of a business license.
(a) Except as otherwise provided in this title, when an applicant submits a timely business
license renewal application and pays the renewal processing fee as set by resolution
of the city council, the city shall renew the license, to be effective upon the expiration
of the old license. In the case of a business activity having a fixed location, application
for a license for a different location is not a renewal and shall be deemed a new
license application.
(b) Renewal application deadlines. Every person desiring to continue in business after
the expiration of the license period shall file a renewal application and pay the
required renewal fee not less than thirty days prior to the expiration of the license
period.
(c) Late applications. Renewal applications submitted after the application deadline are
subject to the delinquent business license fees set forth in section 5.00.070. Late
renewal applications will not be processed until the applicant has paid all required
fees.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.070. - Delinquent business license fee and action to collect.
(a) Delinquency fees. Any person engaging in business in the city who fails to pay the
appropriate business license fee shall be subject to the following:
1. Applications for a business license that are not accompanied by the required
business license fee or any delinquency fees that have accrued will not be
processed until such fees have been paid in full.
2. For person's conducting business without having obtained a business license,
the required fee shall be doubled for each consecutive 30 -day interval that the
business was conducted without a license calculated from the first day the person
engaged in the business provided that the total amount of fee and the late fee
combined shall not exceed $500.
Page 5
3. For failure to pay the annual renewal fee when due, the required fee shall be
doubled on the day following the last day of each consecutive 30 -day interval
following the due date while the fee remains unpaid provided that the total amount
of fee and the late fee combined shall not exceed $500.
(b) Action to collect. Should legal action be required to collect any delinquent fee, an
additional amount shall be charged equal to the cost incurred by the city in collection
of the fee, including reasonable attorneys fees.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.080. - Temporary lime: Reserved
Sec. 5.00.090. - Business license—Operative date.
(a) Generally. The operative date for a new business license shall be the date of approval
of the application.
(b) Renewals. The operative date for a business license renewal shall be the date
following the date of expiration of the previous year's license.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.100. - Refunds.
No business license fees or delinquent fees collected shall be refundable.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.110. - Duplicate business license.
Upon filing a statement indicating that a business license has been lost or destroyed,
and after paying a replacement fee, a duplicate business license shall be issued by the
city.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.120. - License transfers and changes.
Page 6
(a) Transfers of ownership. A new business license is required whenever there is a
transfer in ownership of a business. The following transactions shall be considered
transfers:
(1) The addition or withdrawal of a new partner or partners; or
(2) The transfer of a business from one partnership to another; or
(3) The transfer of a business from a partnership to a corporation; or
(4) The transfer of a business from one corporation to another; or
(5) The transfer of a business from a corporation to a partnership; or
(6) The transfer of a business from a corporation to an individual, or vice versa,
unless the corporation and the individual are the same person; or
(7) The transfer of a business from a partnership to an individual, or vice versa; or
(8) The transfer of a majority share of stock in a corporation from one shareholder to
another.
(b) Change of name. A new business license is required whenever there is a change of
name of a business. If there is no transfer of ownership or change in the nature or
scope of business or in the business location and if the licensee operating under the
previous name had a valid business license at the time of the change of name, the
new license shall be issued upon filing of a complete application and payment of all
required fees.
(c) Change of location. A new business license is required whenever there is a change
in location of a business.
(d) Change in business. A new business license is required whenever there is a change
in the nature or scope of the business.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.130. - Assignment of license prohibited.
The assignment of or attempt to assign any license issued pursuant to this title is
unlawful and any such assignment or attempt to assign a license shall render the license
null and void.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.140. - Business license fee received by mail
Whenever any payment, statement, report or other communication is received after
a deadline prescribed by this title, but is received in a sealed envelope with a postmark
dated on or before such deadline, the city may regard such payment, report or other
communication as having been received timely.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 7
Sec. 5.00.150. - Posting and keeping of business license.
(a) Any person engaging in business at a fixed location or branch establishment in the
city shall keep a business license posted in a conspicuous place upon the premises
where the business is carried on.
(b) Any person engaging in business, but not operating at a fixed location or branch
establishment in the city, shall be in possession of a business license at all times
while engaged in such business in the city.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.160. - Authority to enforce/entry to inspect.
(a) Authority to enforce. The city shall have authority to enforce each of the provisions of
this title. The Los Angeles County Sheriff's Department and other city departments
shall render assistance in the enforcement of this title as may be necessary. The city
attorney is authorized to file a complaint against any persons found in violation of this
title.
(b) Entry to inspect. The city, deputy sheriff, fire inspector, and other city officers
empowered to enforce the provision of this title, shall have the power and authority to
enter into a business, free of charge and at any reasonable time, and required to see
the business license posted in a conspicuous place upon the premises.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.170. - Insurance and bond requirements.
(a) License validity and grounds for suspension. Whenever the provisions of this title
require an applicant for any business license to procure, post or maintain in effect any
surety or policy of insurance, any business license so issued is good only while such
surety or policy of insurance is in full force and effect. The license shall automatically
be suspended without notice if at any time such surety or policy of insurance is not in
full force and effect. The director of community development shall notify the licensee
in writing of any suspension, pursuant to this section and within ten days thereafter,
the licensee may request in writing a hearing before the city council. The city council
shall hold a public hearing in a manner consistent with chapter 5.04, and as indicated
by the evidence received at the hearing, may revoke the license or terminate the
suspension and restore the license. If the licensee does not request a hearing, the
license is automatically revoked at the end of ten days following the notification of
suspension.
(b) Cancellation of insurance. Except as otherwise provided, a policy of insurance
required under this title shall not be accepted unless it is not subject to cancellation
or unless it provides that it shall not be canceled until 30 days after the insurer or
surety gives notice thereof to the director. If a licensee learns that such a policy of
insurance will be or has been canceled, such licensee shall notify the director within
Page 8
three days of such notice. If a new policy of insurance acceptable to the director is
filed before the old one is canceled or expires, then the license will continue in full
force. Any employee, officer or department informed of any change or cancellation of
any insurance policy required under this title shall immediately notify the director of
such change or cancellation.
(c) Contents of insurance policy. In every instance where an insurance policy is required
for the licensing of a particular business, such insurance shall fulfill the following
requirements unless the director directs otherwise:
(1) It shall be primary and not contributing to any other insurance maintained by the
city;
(2) It shall name the City of Diamond Bar, its city council, and its officers, agents and
employees as additional insureds;
(3) Its liability limit shall be a minimum of $1,000,000.00;
(4) It shall bear a deductible in an amount satisfactory to the director;
(5) It shall be provided by an insurer satisfactory to the City of Diamond Bar; and
(6) It shall provide the director with 30 days prior notice of any cancellation or
modification of the policy.
(d) Indemnification. Whenever this title requires that a business license applicant or
licensee indemnify the city, the applicant or licensee shall be required to sign an
indemnification statement that reads substantially as follows:
It shall be a condition of each license issued under this section that the licensee
agrees to indemnify, hold harmless, and defend the city and its council and each
member thereof, and every officer and employee of the city, from any and all liability
or financial loss resulting from any suits, claims, losses, or actions brought by any
person and from costs and expenses of litigation, including attorney fees, by reason
of injury to any person, including, but not limited to, officers and employees of the
licensee, performed under and pursuant to such license or any and all activities,
operations, and conditions in any manner connected therewith or pertaining thereto.
Such indemnity shall include, but not be limited to, any and all liabilities, demands,
claims, damages, losses, costs and expenses caused or alleged to have been caused
by any negligent or other act of any such licensee.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.180. - Violations.
Any person violating this title shall be guilty of a misdemeanor as provided in section
1.04.010(a). The commencing or conducting of any such business without having first
procured such license, or without having complied with any and all such requirements or
provisions shall constitute a separate violation of this Code for each and every day that
such business is so commenced or conducted. It is a violation of this title to knowingly
Page 9
make a false statement in any application for a license or permit or in any report required
under this title.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.190. -Withholding a business license.
The city shall withhold a business license to engage in business from any person
when there are pending violations of any City Code against such person and/or business
applying for a business license, or when a debt is owed to the city as a result of a violation
of this Code.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.00.200. - Remedies cumulative.
All remedies prescribed in this chapter shall be cumulative and the use of one or more
remedies by the city shall not prohibit the use of any other remedy for the purpose of
enforcing the provisions of this chapter.
(Ord. No. 09(2007), § 1, 12-4-07)
CHAPTER 5.04. - SUPPLEMENTAL PROCEDURES REQUIRED FOR SPECIFIC
BUSINESSES
Sec. 5.04.010. - Investigation of specific businesses.
(a) Upon receipt of an application for one of the following businesses, the director or his
or her designee shall conduct an investigation and criminal background check on the
applicant(s), and managerial staff as deemed necessary by the director, and may
obtain reports from the sheriffs department, building and safety, fire department,
county health department, and any such other information as he or she deems
necessary to determine if the criteria for issuance of a business license have been
met:
(1) AGUpressure and a e te- AhniAlans
(21)Adult oriented businesses (as defined in section 22.80.020 of this Code)
(32)Alarm systems.
(43)Alcoholic beverage sales (off-site consumption).
(54)Bars, cocktail lounges and taverns.
(65)Computer services/network gaming center (as defined in section 22.80.020).
(76)Firearm dealers.
Page 10
(97)lndoor amusement/entertainment facilities (as defined in section 22.80.020).
(38)Massage establishments ^^' ^R^^e Fen.........„
(4-09) Pawnbrokers and secondhand dealers.
(4-10) Peddling-solicitation.
(411) Psychic reading (as defined in section 22.80.020 of this Code).
(4-12) Tow trucks and towing companies.
(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2010), § 5, 1-19-10; Ord. No. 02(2010), §
5,2-2-10)
Sec. 5.04.020. - Application.
(a) In addition to the application requirements listed in section 5.00.040(c), applications
for a business license for the businesses listed in this chapter shall include, as
applicable:
(1) The name and permanent address of all persons having a financial interest in the
operation of the business or premises where the business is to be located;
(2) A detailed description of the proposed business and services provided, including
whether food, beverages or alcohol will be served on the premises, and any
further information about the business, as the director may deem necessary;
(3) The name or names of the person or persons responsible for the management
or supervision of applicant's business;
(4) Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been within the
previous five years, convicted of a crime, the nature of such offense, and the
sentence received therefore including conditions of parole or probation, if any;
(5) Whether or not the applicant has ever had any permit or license issued in
conjunction with the operation of a business revoked, including the date thereof
and name of the revoking agency;
(6) Documentation showing that the premises is in full compliance with Title 22,
Development Code; and
(7) Such other reasonable information as the director may deem necessary.
(b) Where the applicant is a corporation, association, partnership, or other legal entity,
applicant shall mean each partner, officer, director and each shareholder owning or
controlling more than 10% of such entity.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.030. - Investigation.
Page 11
Once a completed application for one of the businesses listed in section 5.04.010 is
received and the applicant pays the prescribed application fee, the director or his or her
designee shall initiate an investigation and criminal background check of the applicant(s),
and managerial staff as deemed necessary by the director, which may require the
individuals to be fingerprinted and to provide a copy of a valid photo identification. The
purpose of this investigation is to assist the director in determining if the business license
should be granted.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.040. - Review and approval.
Business license applications for businesses listed in section 5.04.010 shall be
subject to the approval of the director or his or her designee.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.050. - Grounds for denial of business license.
(a) Except as otherwise provided in this title, the director may deny an application for a
business license or renewal license for any of the following causes arising from the
acts or omissions of the applicant or licensee:
(1) Fraud, misrepresentation, or false statement in applying for a new or renewed
license or in any report or record filed with the city;
(2) Any relevant violation of this Code;
(3) A violation of the conditions or restrictions of the previous business license in the,
case of a renewal;
(4) Conviction of any crime within the past five ten years where the trait shown is
inconsistent with carrying on the business, occupation, or activity for the benefit
of the public;
(5) Conducting the business, occupation, or activity for which the license is issued in
a manner determined to constitute an immediate threat or menace to the health
or safety of the public. Failure to correct objectionable conditions constituting a
public nuisance within a reasonable time after lawful notice from a governmental
entity shall be prima facie proof thereof;
(6) Failure to abide by the disciplinary action imposed by the appropriate city officer.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.060. - Effect of business license denial.
(a) Limitation on new applications. If an applicant's business license application for a
particular business activity has been denied, the city shall not process a new
application by that applicant for that business activity for a 12 -month period after the
Page 12
date of the decision to deny unless the director determines that the reason for the
denial has been cured and no longer exists.
(b) Appealability. Any person dissatisfied by the city's decision to grant, deny or condition
a business license may appeal that decision to the city-seuncil city manager in a
manner provided section 5.04.080.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.070. - Conditions of approval.
(a) Right to condition new license. The director, or his or her designee, may condition
any new business license if he or she finds that the conditions relate to the anticipated
impacts of the business and are reasonably necessary to mitigate those impacts.
(b) Application to change conditions. The ^t ccunc: director may change, modify or
eliminate any conditions previously placed on a license upon written request if it finds
that the reasons for the original imposition of such conditions have been cured or no
longer exist. ppI!..etiens to ..hn ee _ndit,_ - _hell he RGtiGed d t f hl'
hearing R;aRneFGGRG'stent with this ..hapten
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.080. - Appeal.
(a) Any person dissatisfied with a decision of the city to approve, deny or condition a
business license application may appeal the decision to the cityseuncil city manager
by filing with the city clerk a notice of appeal within 15 days of the date of mailing of
the decision.
(b) A notice of appeal shall be signed by the appellant or the legal representative of the
appellant and shall state that the appellant appeals from a specified decision or a
particular part thereof. The notice of appeals shall be accompanied with the required
appeal fee, as set by resolution of the city council.
(c) If a timely appeal is filed, the effect of the decision shall be stayed pending the
ceuncil s city manager's resolution of the matter unless the director specifically finds
that the public health and safety is endangered, in which case the decision shall take
effect immediately.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.090. - Appeals—Notice of hearing.
Upon receipt by the city clerk of a timely notice of appeal, a public appeal hearing
shall be noticed and set for public hearing in a manner consistent with section 5.04.120.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 13
Sec. 5.04. 100. - Appeals—Hearing procedure.
(a) The Gity mei: city manager shall conduct the appeal hearing de novo and shall
hear and consider evidence, argument and points and authorities of law, and may
require parties before it to submit such argument and points and authorities of law
prior to rendering any decision. The hearing will be held as provided in section
5.04.130.
The decision of the city manager shall be final.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.110. - Modification, suspension or revocation.
Any license issued by the city may be conditioned, modified, suspended or revoked
for cause by the sity-eeUnsil director in accordance with section 5.04.140.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.120. - Notice to licensee.
Notice of the time and place of the public hearing shall be served at least ten days
prior to the hearing on the applicant and upon all owners and tenants of the properties
within 500 feet of the exterior boundaries of the business premises in the manner
specified in section 1.00.120 of this Code.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.130. - Procedure for hearing.
(a) The licensee or legal representative of the licensee shall have the right to bring
witnesses to testify on his or her behalf.
(b) Hearings need not be conducted according to technical rules relating to evidence and
witnesses.
(c) The GityGeu.;Gil director shall issue its a decision in
writing. The decision shall contain a determination of the issues presented.
(d) The denisien of the n'ty ne Unnil shell he final Appeals of the director's decision shall
follow the appeal procedures set forth in section 5.04.080.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.140. - Grounds for revocation of business license.
The sityeeUncil director may condition, suspend or revoke a business license if the
mil director finds any of the following:
Page 14
(a) The applicant for the business license made a false statement in any application
for a license or permit or in anv report required under this title:
(b) That any grounds or circumstances exist that would have justified denial of a
business license application;
(ac)The licensee, manager or employees have failed to maintain the premises in a
neat and clean condition and have allowed the business premises to deteriorate
and become blighted;
(bd)That the building, structure, or equipment used in the conduct of the business
does not comply with or fails to meet any health, zoning, fire, or building and
safety laws of the State of California or the Diamond Bar Municipal Code;
(se)That the licensee, manager or employees have violated any statute or any
ordinance of the Diamond Bar Municipal Code resulting from any act performed
in the exercise of any rights permitted by the issuance of the license;
(df) That the licensee, manager or employees have violated any provision of federal
or state law or any provision of the City of Diamond Bar Business License
Ordinance, the City of Diamond Bar Municipal Code or any other statute, rule,
permit or regulation on the business premises or relating to the licensed activity;
(eg)That the licensee has failed or refused to notify the city of any change in facts as
required by this title within ten days after such change;
(fh) That the licensee, manager or employees have permitted, allowed or failed to
prevent the use of the business as a base or magnet for unlawful or criminal
activity, including, but not limited to, solicitation, prostitution and drug trafficking;
(gi) The licensee, manager or employees have allowed or failed to discourage
criminal or otherwise unlawful activity to occur on or immediately adjacent to the
business premises;
(41) The licensee, manager or employees have failed to control the actions of the
businesses' patrons in and immediately adjacent to the business premises; or
(Lk) That the licensee has conducted the licensed business in a manner contrary to
the peace, health, safety and the general welfare of the public.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.04.150. - Effect of revocation or suspension.
(a) No business license fee refunds shall be issued to any licensee upon revocation or
suspension of a business license.
(b) Upon revocation of any business license for cause under this chapter, no business
license to operate the same business activity shall be granted to the same person,
corporation, association, partnership, or other legal entity within one year after such
revocation.
Page 15
(c) Whenever a license is suspended or revoked, the sheriff shall take into possession
the business license for the subject business activity. The licensee shall surrender
the business license, license stickers, or similar evidence of a license to the director
or sheriff.
(d) Upon revocation or suspension of a business license, the licensee shall cease
operation of the business activity immediately. Except as otherwise provided, in the
event that the license is suspended, the licensee may resume operation once the
suspension period has expired.
(Ord. No. 09(2007), § 1, 12-4-07)
CHAPTER 5.08. - OPERATING REQUIREMENTS FOR SPECIFIC BUSINESSES
REGULATED
Sec. 5.08.010. - Vie. Reserved.
AG61pressure means the praGtiGe of plaGiR9 physiGal pressure by hand, elbew, er with
(Ord Ne. no(onm) § 1, 12 n m)
Sec. 5.08.020. - Adult oriented businesses.
(a) Adult oriented business shall be as defined in section 22.80.020 of this Code
(b) In addition to the information required in section 5.04.020, an application for an adult
oriented business license shall include the following information:
(1) In the event the applicant is not the owner of record of the real property upon
which the adult business is, or is to be located, the application must be
accompanied by a notarized statement from the owner of the property
acknowledging that an adult business is or will be located on the property. In
addition to furnishing such notarized statement, the applicant shall furnish the
name and address of the owner of record of the property, as well as a copy of the
lease or rental agreement pertaining to the premises in which the adult business
is or will be located.
(2) Proof that the applicant has complied with the requirements of section 22.42.020
of this Code.
(c) Notwithstanding the provisions of this title, the director shall approve an application
for an adult oriented business unless he or she finds that one of the grounds for denial
set forth in section 5.04.050 exist. The director shall approve or deny an application
for an adult business license within 30 days of the filing of a complete application.
(d) The director's decision may be appealed to the city council as provided in section
5.04.080. The hearing on the appeal shall be held at the next regularly scheduled city
Page 16
council meeting following the timely filing of a complete appeal unless the applicant
requests an extension; in no event shall the hearing on appeal take place more than
30 days after the date on which a timely and complete notice of appeal is received
unless the applicant requests a further extension.
(e) In the case of an appeal by a person other than the applicant or permit holder, the
permit holder may continue to conduct the business during the pendency of any
appeal.
(f) Notice of the public hearing on the appeal shall be given as provided in section 5.04.
090.
(g) The city council shall announce its decision within a reasonable time, but not to
exceed 30 days, following the close of the public hearing, unless good cause is shown
for the extension of time and the applicant or opponent or both are notified of this
extension and the reasons therefore. The city council's final action shall be taken by
resolution and notice thereof shall be given by mail to the applicant/permit holder or
appellant, or to both if they be different parties.
(h) Operating requirements:
(1) The licensee shall not permit any doors on the licensed premises to be locked
during business hours and, in addition, the licensee shall be responsible for
ensuring that any room, area or booth on the licensed premises shall be readily
accessible at all times and shall be open to view in its entirety for inspection by
any law enforcement officer.
(2) The business shall employ a person on the premises to act as manager at all
times during which the adult business is open.
(3) The business shall comply with all requirements for an adult-oriented business
set forth in chapter 22.42 of this Code.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.08.030. - Alarm systems.
(a) [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:
(1) Alarm ownermeans the person that owns, operates, leases, rents, uses or makes
available for use by his agents, employees, representatives or family, any alarm
system.
(2) Alarm system means any mechanical or electrical device, whether known as a
burglary, robbery or intrusion alarm, medical assistance alarm, direct dial
telephone device, audible or silent alarm or by any other name, an alarm that is
used for the detection of a fire, intrusion into a building, structure or facility, or to
signal the commission of an unlawful act, or the existence of any other emergency
situation. It shall include those devices which emit a signal within the protected
Page 17
premises only, are supervised by the proprietor of the premises where located,
and are otherwise known as "proprietary alarm systems." Auxiliary devices
installed by a telephone company to protect telephone company systems which
might be damaged or disrupted by the use of an alarm system are not included
in this definition.
(3) Audible alarm means an alarm system which, when activated, emits an audible
sound in the vicinity of the protected premises.
(4) Direct dial device means a device which is connected to a telephone line and
upon activation of an alarm system, automatically dials a predetermined
telephone number and transmits a message or signal.
(5) False alarm means an alarm signal activated by causes other than the existence
of an emergency situation or commission or attempted commission of an unlawful
act, which the alarm system is designed to detect, and results in a response by
the sheriff to the alarm location. An alarm signal activated by violent conditions
of nature or other extraordinary circumstances not subject to the control of the
alarm owner shall not constitute a false alarm.
(b) Direct dial telephone devices. No person shall use any alarm system which is
equipped with a direct dial device, and which when activated, automatically dials any
telephone number in any office of the sheriff.
(c) Audible alarms—General requirements. The alarm owner of each audible alarm shall
post in a conspicuous location outside the premises where the alarm is located the
names and telephone numbers of persons to be notified to render repairs or service
during any hour of the day or night during which the audible alarm is operated. An
audible alarm shall terminate its sound, or shall automatically reset, within 30 minutes
of activation.
(d) Prohibited sounds. No alarm system shall be installed or used which emits a sound
which is similar to that of an emergency vehicle siren or a civil defense warning
system.
(e) False alarm. A person shall not knowingly turn in a report of a false alarm. This section
does not prohibit a test of an alarm system as permitted in advance by the sheriff.
(f) Repair. After any false alarm, the alarm owner shall, upon request by the sheriff,
submit a written report to the sheriff, describing actions taken or to be taken to
eliminate the cause of the false alarm. This report shall be submitted within ten days
of the date of request by the sheriff.
(g) Notification of test. An alarm owner shall notify the sheriff prior to any service, test,
repair, maintenance, alteration, or installation of an alarm system which might
produce a false alarm.
(h) Maintaining a public nuisance alarm.
(1) Any alarm system that generates three or more false alarms in any 12 -month
period shall be deemed to be a public nuisance alarm. A service charge in an
Page 18
amount prescribed by resolution of the city council shall be charged to an alarm
owner of a public nuisance alarm system for each subsequent false alarm.
(2) After each false alarm, the city shall notify the alarm owner in writing of the date
and time that the sheriff responded to the false alarm. The alarm owner shall also
be notified in writing in each instance of the number of false alarms of record
attributed to that alarm system within the previous 12 -month period. The alarm
owner shall further be informed in writing of the provisions of this section and of
any service charge or other penalties to be imposed.
(3) Within ten days from the date of such notice, the alarm owner may present written
evidence to the sheriff that the alarm response in question was not in fact a false
alarm as defined herein, or that there was a justifiable reason for the activation
of the alarm. If no such response is made by the alarm owner within the ten-day
period, the sheriffs determination that the alarm was false shall be final. Within
ten days of receipt of written evidence from an alarm owner, the sheriff shall
render a decision which decision shall be final.
(i) Exemptions. The provisions of this section are not applicable to audible alarms affixed
to motor vehicles or to a public telephone utility whose only duty is to furnish
telephone service pursuant to tariffs on file with the state public utilities commission.
No false alarms shall be counted against an alarm owner that were the result of an
act of God, natural disaster, or interruptions of electrical service not due to the alarm
owner.
(j) Penalties. Any person violating subsections (b) through (e) shall be deemed to have
committed a misdemeanor as provided in section 1.04.010(a).
(k) Civil remedies available. Violation of any of the provisions of this section shall
constitute a nuisance and may be abated in the name of the city in any court of
competent jurisdiction through civil process by means of restraining order, preliminary
or permanent injunction or in any other manner provided by law for the abatement of
such nuisances.
(1) Enforcement.
(1) The amount of any service charge shall be deemed a debt to the city. All service
charges shall be deemed delinquent 15 days after they are due and payable.
(2) Pursuant to Government Code § 38773, the city may recover any and all costs
incurred in abating a violation of this section including the imposition of a lien
against the property on which the nuisance is maintained.
(3) Prior to the recordation of a lien against property for the recovery of abatement
and other related administrative costs, the city, in accordance with Government
Code § 38773.1 or 38773.5, shall provide written notification, by registered or
certified mail, to the property owner that a lien will be assessed against their
property and such costs will constitute a lien upon the land until paid.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 19
Sec. 5.08.040. - Bars, cocktail lounges and taverns.
(a) For purposes of this chapter, bars, cocktail lounges and taverns shall mean
businesses as defined in section 22.80.020 of this Code.
(b) In addition to the information prescribed by section 5.04.020, the application for a
license for a bar, cocktail lounge or tavern shall include:
(1) The complete standard regulatory business license application including the
names and addresses of all responsible operators, managers, and property
owner;
(2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and
conditions of operation;
(3) Security plan requirements. Applicants for businesses that serve alcohol with an
occupancy load of 50 or greater are required to submit a security plan. All
submitted security plans shall be reviewed and are subject to the approval of the
director or his or her designee; and
(4) A set of plans stamped "approved" by the Los Angeles County Fire Department
which identifies the use and the square footage of the establishment.
(c) Operating requirements.
(1) Manager required. Any bar, cocktail lounge or tavern shall have a responsible
person on the premises to act as manager and supervise employees and
independent contractors at all times during which the business is operating.
(2) Facility operators. Licensees shall maintain their operations pursuant to the
security plan approved by the community development director and within the
standards required by the department of alcoholic beverage control.
(3) Display of licenses. The business owner shall display the business license in a
prominent and visible location.
(4) Complaints. An employee of each business owner licensee shall be appointed to
address, during hours of operation, all complaints. The name and phone number
of the employee shall be posted adjacent to the business license. The business
owner licensee shall make reasonable efforts to address each complaint. The
licensee shall keep a log of all complaints and follow-up and shall make the
information available to city staff upon request.
(5) Alcoholic beverages. All new employees of business owner licensees serving
alcohol to patrons shall enroll in a certified training program for the responsible
service of alcohol. The training shall be offered to new employees on no less than
a quarterly basis.
(6) Merchandise sales. No business owner licensee shall sell merchandise except
inside the establishment.
(7) Open doors. No door of any business may be propped open after 6:00 p.m.,
except for the period during which goods are being delivered to the
Page 20
establishment, and then only if continuously attended by an employee of the
business owner.
(8) Designated driver signs. Signs recommending the use of a "designated driver"
shall be posted at all bar areas and at the entrance and exits to the establishment.
The signs shall measure at least six inches by six inches.
(9) Joint responsibility for violations and noise control. Violations of this subsection
(c) and violations of the noise control ordinance set forth in chapter 8.12 of the
Diamond Bar Municipal Code by either the business owner promote, shall be
grounds for revocation of the business license.
(10)AII security personnel must have a California Guard Card and/or must possess a
certificate of completion from a Penal Code 832 course instruction within six
months of employment.
(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01(2010), § 6, 1-19-10; Ord. No. 02(2010), §
6,2-2-10)
Sec. 5.08.050. - Reserved.
Editor's note— Ord. No. 01(2010), § 7, adopted January 19, 2010, repealed §
5.08.050, which pertained to entertainment license and derived from Ord. No. 09(2007),
§ 1, 12-4-07. Subsequently, Ord. No. 02(2010), § 7, adopted February 2, 2010,
repealed § 5.08.050.
Sec. 5.08.060. - Firearm dealers.
(a) [Definitions.] For purposes of this chapter, the following terms shall have the following
meanings:
(1) Engages in the business means the conducting of a business by selling, leasing,
or otherwise transferring, for a consideration, any firearm, firearm munition or
firearm ammunition component; or the holding of one's self out as engaged in the
business of selling, leasing or otherwise transferring for a consideration any
firearm, firearm munition, or firearm ammunition component in quantity, in series,
or in individual transactions, or in any other manner indicative of trade.
(2) Firearm shall include, without limitation, any revolver, pistol or any other device
designed to be used as a weapon or modified to be used as a weapon, that expels
a projectile by the force of an explosion or other form of combustion.
(3) Firearm ammunition means any cartridge or encasement containing a bullet or
projectile, propellant or explosive charge, and a primer which is used in the
operation of a firearm.
(4) Firearm ammunition component means any cartridge or encasement, bullet or
projectile, primer or propellant or explosive material used to manufacture
ammunition.
Page 21
(5) Firearm dealermeans any person who engages in the business of selling, leasing
or otherwise transferring for a consideration to members of the public any new or
used firearm, as well as any firearm ammunition or any firearm munition
component.
(b) Application information.
(1) License form. Any license issued to operate as a gun dealer shall be on a form
approved by the city.
(2) Application form. Notwithstanding any other provision of this chapter, every
applicant for a gun dealer license shall fill out the application form prescribed by
the California State Attorney General in addition to the city's application for a
business license.
(c) Minimum criteria for issuance of a license. In addition to the applicant's compliance
with all other requirements of this title, a background check and recommendation
pertaining to the applicant, and the applicant's existing and prospective manager(s)
and employee(s) will be referred to and conducted by the director and the sheriff's
department. In addition to compliance with all the requirements of this title and
obtaining a favorable background recommendation from the Los Angeles County
Sheriff's Department, the applicant must meet the following criteria:
(1) The applicant, and any existing or prospective manager and employee, must be
at least 21 years of age.
(2) The applicant must be properly licensed as required by all applicable federal and
California laws.
(3) The applicant, or any existing or prospective manager or employee, must not
have had a similar type of license previously revoked or denied for good cause
within the immediately preceding two years prior to the license application.
(4) The applicant, and any existing or prospective manager and employee, must not
have been convicted of:
a. Any offense so as to disqualify the applicant, manager or employee from
owning or possessing a firearm under applicable federal and California laws;
b. Any offense relating to the manufacturing, sale, possession, use or
registration of any firearm or other dangerous or deadly weapon;
c. Any offense involving the use of force or violence upon the person of another;
d. Any offense involving theft, fraud, dishonesty or deceit;
e. Any offense involving the manufacture, sale, possession or use of any drug
or controlled substance itemized on any schedule pertaining to drugs and
other controlled substances of the California Health and Safety Code.
(5) The applicant, or any existing or prospective manager or employee, must not
have been adjudicated to be mentally incompetent, or have been committed to a
mental institution.
(6) The applicant must demonstrate that:
Page 22
a. The location for which the license is sought is not located within 500 feet of
a public or private day care center or school, or a public park.
b. The location for which the license is sought is not located within 500 feet from
any other premises operated by a gun dealer licensee.
(7) The applicant must provide a copy of each of the following:
a. Valid federal firearms license;
b. Valid seller's permit issued by the state board of equalization; and
c. Valid certificate of eligibility issued by the department of justice.
(d) Issuance of license subject to conditions. Any and all licenses granted pursuant to
this chapter are subject to the following conditions, in addition to any conditions
imposed by the director, breach of any of which subjects the license to revocation:
(1) The business activity shall be carried on only in the building designated in the
license, which shall be located in a properly zoned commercial district, unless the
gun dealer qualifies as a home occupation under federal and state law and is in
full compliance with the home occupation provisions contained in the Diamond
Bar Zoning Ordinance. In no event shall a licensee, operating as a home
occupation, store or maintain firearms, ammunition, or any firearms ammunition
component within the residential dwelling in which the business is being
conducted. Notwithstanding any other provision of this title, a license under this
chapter shall be required for gun dealers operating as a home occupation.
(2) If the applicant is not the owner of record of the building within which, and the
real property upon which, the gun dealer business is to be located and conducted,
then he or she shall obtain prior written consent from the owner of record of such
building and real property to operate a firearm dealer business, and such written
consent from the owner of record shall be attached to the city's business license
application.
(3) All federal, California and city -issued licenses, permits or copies thereof, certified
by the issuing authority, shall be posted in a conspicuous manner on the premises
in which the business is being conducted.
(4) No firearm, firearm ammunition or reproduction of either advertising the sale,
lease or transfer, for a consideration of either, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall maintain on the licensed premises accurate records of all
firearm and ammunition sales, as well as a complete inventory of all firearms in
stock, by classification and serial number, for a period of not less than three
years.
(e) The records required by this section pertaining to the recordation of firearm and
ammunition sales shall indicate:
(1) The date that the purchaser purchased the firearm(s) and/or ammunition;
(2) The purchaser's name, address and date of birth;
Page 23
(3) The purchaser's driver's license number or other identification number and state
where issued;
(4) The make, brand, model and/or type of firearm(s) purchased;
(5) The brand of ammunition purchased;
(6) The type and amount of ammunition purchased;
(7) The purchaser's thumbprint, from both the right hand and left hand; and
(8) The purchaser's signature.
(f) This information required by this section shall be recorded at the time of purchase
and shall be maintained in a log book in a form substantially as follows:
Ammunition/Firearm Sales Records Log
Store:
Date Name Address Date of Birth Driver's License/ID Number and State Firearm
Make/Brand/Model/Type Purchased Ammunition Brand and Amount Purchaser's
Signature
(g) The licensee's firearm and ammunition sales records and firearm and ammunition
inventory records shall be open to inspection at the request of the city or the Los
Angeles County Sheriffs Department.
(h) The licensee shall also provide the city with an annual report of the gross revenue
received during the previous year itemized by the quantity and classification of
firearms and ammunition sold on a form provided by the city signed under penalty of
perjury.
(i) The licensee shall not sell, lease or otherwise transfer for any consideration any
firearm:
(1) Within 15 days of the application for the purchase, or, after notice by the
department of justice ("department") pursuant to Penal Code § 12076, within 15
days of the submission to the department of corrected copies of the register, or,
within fifteen days of the submission to the department of any fee required
pursuant to Penal Code § 12076, whichever is later.
(2) To any person who is forbidden by city, state or federal law from buying or
possessing a firearm.
(3) Whenever the dealer is notified by the department of justice that a purchaser is
in a prohibited class described in Penal Code § 12021 or 12021.1 or Welfare and
Institutions Code § 8100 or 8103.
Q) The licensee shall provide all firearm purchasers comprehensive instructions,
prepared by the licensee and approved by the city, pertaining to the use,
maintenance, storage and safety precautions relating to the firearm purchased.
Page 24
(k) The licensee shall comply with all security measures imposed by the license issued
pursuant to this chapter upon recommendation of the Los Angeles County Sheriff,
including but not limited to locks, lighting, alarms, storage and access to firearms.
(1) The licensee shall comply with all applicable sections of the California Penal Code,
including but not limited to Sections 12071, 12072, 12073, 12076, 12077 and 12316.
(m) The licensee shall conduct a criminal background check on prospective manager(s)
or employee(s).
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.08.070. - Massage establishments and massage technicians.
(aa) Findings and Purpose. The city council finds and declares as follows:
(1) The permit requirements and restrictions imposed by this section are reasonably
necessary to protect the health, safety, and welfare of the citizens of the city,
(2) The city is authorized to regulate massage establishments pursuant to the State
Constitution, Cal. Gov't Code §§ 37100, 51030 et seg., California Business and
Professions Code §§ 460, 4600 through 4620 and § 16000, § 13 of the
Chiropractic Act (initiative measure approved by the electors November 7, 1922,
and amended) and Section 7 of Article XI of the California Constitution.
(3) There is a significant risk of injury to massage clients by improperly trained and/or
educated massage practitioners and this chapter provides reasonable
safequards against injury and economic loss.
(4) There is opportunity for acts of prostitution, lewdness, and other unlawful sexual
activity to occur in massage establishments, as well as for the use of massage
establishments as venues to facilitate human trafficking. Courts have long
recognized massage as a pervasively regulated activity and that massage
establishments are often brothels in disguise. The establishment of reasonable
standards for issuance of permits and restrictions on operations would serve to
reduce the risk of illegal activity and would thereby benefit the public health.
(5) The provisions of this section are intended to enhance the efficient processing of
permits for massage establishments, owners and managers and the ongoing
regulation of those permittees and certificate holders by the City of Diamond Bar.
The provisions of this chapter in no way limit the authority of the city to inspect
Page 25
massage establishments or conduct investigations to ensure permittees are
complying with applicable rules and regulations.
(6) The restrictions and requirements contained in this section are intended to stop
the practice of businesses quickly changing ownership in name upon the
discovery of criminal activity by the city.
(7) The restrictions and requirements contained in this section are intended to be in
addition to the requirement of a valid business license issued pursuant to this
title.
(8) The regulations and restrictions contained in this section are intended to
discourage massage establishments from degenerating into houses of
prostitution, and the means utilized in this section bear a reasonable and rational
relationship to the goals sought to be achieved within the confines allowed by
state law.
(9) The provisions of this section are not intended to be exclusive and compliance
therewith shall not excuse noncompliance with any state or local laws or
regulations that are uniformly applied to other professional or personal service
businesses.
(10) Pursuant to State law, the California Massage Therapy Council ("CAMTC")
regulates massage technicians in order to protect the public, and it is in the public
interest to require that all persons providing massage in the city have a certificate
from CAMTC.
(b) Exceptions. Except as otherwise expressly provided, the requirements of this section
shall have no application and no effect upon and shall not be construed as applying
to:
(1) Treatment of services administered or provided in good faith by a physician
surgeon, chiropractor, acupuncturist, osteopath, physical therapist, nurse, or any
other person licensed to practice any healing art under the provisions of Cal. Bus.
& Prof. Code Div. 2 (commencing with S 500) while in the course of engaging in
practices within the scope of his or her professional license.
(2) State -licensed hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the State of California. or activities engaged in by the
employees of such facilities in the course of their employment while working on
the premises of such state -licensed facilities.
(3) The activities of coaches or trainers employed by accredited junior high schools,
high schools, junior colleges, colleges or universities while acting within the
scope of their employment.
Page 26
(4) Barbers, beauticians, or manicurists who are duly licensed by the State of
California pursuant to the Barbering and Cosmetology Act set forth in Cal. Bus.
& Prof. Code 557300 et seg., as the same may be amended from time to time
while engaging in practices within the scope of such license, except that this
exemption applies solely for the massaging of the neck face and/or scalp of the
customer or client of said barber or beautician or, in the case of a licensed
manicurist, the massaging of the forearms, hands, calves, and/or feet at a state -
licensed facility. Any business emplovinq state -licensed barbers beauticians or
manicurists at which massage services not otherwise exempted pursuant to this
section are also provided shall be considered a massage establishment and
must comply with all provisions of this section.
(5) Schools of cosmetology or barbering which comply with the requirements of Cal.
Bus. & Prof. Code 657362 et seg. when instructors are acting within the scope
of their employment or when students are working as unpaid externs pursuant to
the requirements of Cal. Bus. & Prof. Code 57395.1.
(6) Activities of any other business or professions to the extent exempted by state
law.
•• - • - - • IN-
followingmeanings:
GOMpletiOR of the required G61FFiGUl61M in massage training.
(2) Massage and n9assage therapy meaRs and shall iRdude any methed of pressure
on. er frip-tienagaiRst, 9F stroking,kneading, --- - --- - --- - - -
stimulating the e)deFnal parts ef the body with the hands or other parts of the
bedy, with eF without the aid of any rneGhaniGal OF eIGGtFiGal apparatus oF
liniments, aRtiseptiGS, oils, powdeF, Grearns, 'OtOGRG, GiRtrReRtS, er other similar
(3) Massage estabhi-shmpnt shall meaR aRy establishment - -
business whiGh provides or attempts to pFevide massage6, er health treatments
massage table OR the premises and the massage business is 6eGOndary e
has an staff at least as many state IpGensed health Gape pFefessiena's as it does
for any form Of Gonsideration or gratuity, a massage as heFein defiRed, iRGludiRg
to the student or to the c;rhpAl A
Page 27
(1) Acupressure means the practice of placing physical pressure by hand, elbow,
or with the aid of various devices on the same points on the surface of the body
targeted in acupuncture with the intention of treating illness and/or disease or
relieving pain.
(2) California Massage Therapy Council or CAMTC means the nonprofit
organization created to regulate and issue massage practitioner and therapist
certificates pursuant to California Business & Professions Code $64600 et. sea
(3) CAMTC Certificate shall mean a certificate, issued by CAMTC certifying
completion of the required curriculum in massage training.
(4) Employee includes every owner, partner, operator, manager, supervisor,
person and worker, whether paid or not, full-time or part-time, who renders
personal services of any nature or is otherwise employed in support of the
operation of a massage establishment. For purposes of this chapter, the terms
employee shall also include certified massage technicians who provide
massage services, whether as independent contractors or otherwise, in or for
a massage establishment.
(5) Manager means any individual designated or permitted by the owner of a
massage establishment to act as the representative and/or agent of the owner
in managing day-to-day operations of the massage establishment with
corresponding responsibilities. Evidence of management includes but is not
limited to, the ability of the individual to direct or hire and dismiss employees
control hours of operation, create policy or rules or purchase supplies and
ensuring that the massage establishment complies with the requirements of
this code and of other laws. An owner or operator may also be a manager, and
a massage establishment may have more than one manager.
(6) Massage and Massage Services means any method of treating the external
parts of the body for remedial, health, hygienic, or relaxation purposes for
compensation and includes, but is not limited to, treatment by means of manual
pressure, acupressure, friction, stroking, kneading, rubbing, tapping pounding
vibrating, with or without the aid of or by means of any mechanical, electronic
or other apparatus, and with or without rubbing alcohol liniments, aromatics
antiseptics, oils, powders, creams, lotions, ointments, or other similar
preparations. Massage specifically includes the application of any of these
methods to the scalp, neck, or feet of any individual.
Page 28
(7) Massage Establishment shall mean any business or establishment having a
fixed location where any individual, firm association, partnership limited liability
company, corporation, or combination of individuals, offers engages in
conducts, carries on or permits to be offered, engaged in conducted or carried
on, massage services or out -call massage within the city, including the
residence or business office of a sole provider who provides massage services
at such premises. Any type of business or establishment at which massage
services are provided shall be considered a massage establishment for
purposes of this chapter, regardless if the business holds itself out as
something other than a massage establishment and/or offers or provides other
types of products or services. Notwithstanding the foregoing, the residence or
business office of a sole provider who only engages in out -call massage and
does not provide massage services at such residence or business office shall
not be considered a massage establishment.
(8) Massage Practitioner means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(9) Massage Technician shall mean a massage practitioner or massage therapist
certified by CAMTC.
(10)Massage Therapist means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(11) Massage Therapy Act means chapter 406 of the 2013-2014 Legislative
Session, as the same may be amended from time to time.
(12) Operator means any individual with direct responsibility, in whole or partfor
the ongoing operations of a massage establishment. An operator may but
need not, also be an owner or a manager.
(13) Out -Call Massage means the provision of massage services at a location other
than at a massage establishment.
(14)Owner means any individual or entity that has a direct or indirect ownership
interest of more than ten percent (10%) in a massage establishment or that is
an officer, director, or limited liability company manager of such an owner. The
term owner may include, without limitation, the sole proprietor of a sole
Proprietorship, any general or limited partner of a general or limited
partnership, any member or manager of a limited liability company, any
shareholder, officer, or director of a corporation, or any other person that has
an ownership interest of more than ten percent (10%) in a massage
establishment, whether as an individual, corporation, limited liability company,
Page 29
general partner, limited partner, shareholder, member, officer, director, or
otherwise. .
(15)Patron means an individual on the premises of a massage establishment for
the purpose of receiving a massage.
(16) Sole Provider means any legal form of business organization owned entirely
by an individual massage technician, where such owner is the only individual
who provides massage services for the business and that has no other
employees or independent contractors that provide massage services for or
on behalf of the business.
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(d) CAMTC Certificate and business license requirements for massage services.
(1) Except as otherwise provided in subsection (b), no individual shall engage in,
conduct, carry on, practice or perform massage services within the city without
first obtaining and thereafter maintaining a CAMTC Certificate and presenting
proof of such CAMTC Certificate to the city in accordance with the provisions of
this section.
2) Except as otherwise provided in subsection (b), no person shall engage in
conduct or carry on, or permit to be engaged in, conducted, or carried on in or
upon any premises within the city, the operation of a massage establishment
without first obtaining and thereafter maintaining a massaae establishment
business license pursuant to this section
3) No owner, operator, or manager of a massage establishment shall emplov. retain
or allow any individual to perform massage services in the city unless such
individual possesses a current and valid CAMTC Certificate. For purposes of this
section, an owner, operator, or manager employs, retains, or allows an individual
to perform massage services if (i) that individual is an employee of the massage
Page 33
establishment. (ii) that individual's association with the massage establishment is
that of an independent contractor who receives compensation for massage
services provided to patrons of the massage establishment or (iii) that individual
receives a patron referral or referrals from the massage establishment for
massage services and arranges in any way for compensation relating to such
services to flow to such owner, operator, manager or massage establishment
(e) Massage establishment business licenses generally.
(1) Where a conditional use permit is required pursuant to title 22 a business license
application for a massage establishment shall be filed concurrently with the
conditional use permit application. The business license for the massage
establishment shall not be issued until the conditional use permit has been
approved.
(2) Massage establishment business licenses issued pursuant to this chapter may
not be assigned or transferred.
(3) The owner or operator of a massage establishment shall notify the director or his
or her designee whenever there is a change in information which was required to
be submitted in the initial or a renewal application for the massage
establishment's business license. Such notification shall be in writing and made
within ten business days of the change on a form provided by the city. If such
change involves the addition of a new operator, manager, or employee who will
be providing massage services, a true and correct copy of the individual's current
CAMTC certificate and CAMTC-issued identification card shall be provided with
the written notification form. If such change involves the addition of a new owner,
operator, or manager, such individual shall not commence working at or for the
massage establishment in such capacity until all background information required
for such individuals pursuant to subsection 5.08.070(f) has been provided to the
city, the city has completed a background investigation of the individual and the
director has determined that such individual has not engaged in prior conduct that
would serve as the basis for denial of a business license for the massage
establishment in accordance with this chapter.
(4) Each owner, operator, and manager of a massage establishment shall be
responsible for the conduct of all employees and independent contractors
working for or on behalf of the massage establishment. Failure of the employees
or independent contractors to comply with the provisions of this chapter or the
Massage Therapy Act may result in the issuance of criminal and/or administrative
citations and shall be grounds for revocation of the massage establishment
business license.
(5) Any requirement of this section applying to an owner or operator shall apply to
each and every owner and operator of a massage establishment.
(fl Application information—Massage establishment businesses. In addition to the
information prescribed by sections 5.00.040(c) and 5.04.020 unless waived by the
director for good cause, all applications for a business license for a massage
establishment must contain the following information and documents.
Page 34
(1) The full name, home and business addresses home and business telephone
numbers, and email address of the responsible individual designated by the
applicant to be the City's primary point of contact for the massage establishment
and the business license This individual shall be an owner or operator and shall
complete and sign all application forms and provide all required information and
documents on behalf of the applicant. By signing the application this individual
shall certify under penalty of perjury that all information contained in and/or
submitted as part of the application including the personal background
information pertaining to each individual owner, operator, manager, and
employee, is true and correct. This individual shall also acknowledge that he or
she, along with each other owner, operator, and manager, shall be responsible
for the conduct of all employees (including independent contractors) on the
premises of the massage establishment or while working on its behalf, and that
violations of the provisions of this chapter shall be grounds for revocation of the
business license.
(2) The legal name(s) of and each fictitious business name used by, each owner
and operator of the proposed massage establishment and what type of legal
entity each is i.e., whether a sole proprietorship general partnership limited
partnership, limited liability company, corporation or otherwise Proof in the form
of certified copies of an entities articles of incorporation charter, articles of
the corporation shall be set forth exactly as shown in its articles of incorporation
or charter together with the state and date of incorporation and the names and
residence addresses of each of its current officers and directors and of each
shareholder or other person who has an ownership interest in the corporation
For limited liability companies, the name of the limited liability company shall be
set forth exactly as shown in its articles or organization or other nroanizatinnal
residence addresses of each of its current officers, directors, and managers and
of each member or other person who has an ownership interest in the limited
liability company. For partnerships the application shall set forth the name and
residence addresses of each of the partners including limited partners If one or
more of the partners of a partnership is a corporation or limited liability company,
the provisions of this subsection pertaining to corporations and limited liability
companies shall apply.
(3) The precise name under which the massage establishment is to be conducted
along with the complete address and all telephone numbers of the massage
establishment. No massage establishment shall operate under any business
name or conduct business under any designation not specified in the business
license.
(4) A scaled and dimensioned floor plan showing entrances exits windows interior
doors, restrooms, all other separately enclosed rooms (including but not limited
to, closets, storerooms, break rooms, and changing rooms), and the location of
massage tables and chairs.
Page 35
(5) A complete current list of the names and residence addresses of all current or
proposed employees of the massage establishment and their respective mobs or
positions.
(6) True and correct copies of the current CAMTC certificate and CAMTC-issued
identification card for each employee/massage technician who will be providing
massage services for or at the massage establishment (including independent
contractors).
(7) The following personal information for each individual owner, operator, and
manager of the massage establishment. The director may waive this
requirement, in whole or in partfor any individual where it is shown to the
satisfaction of the director that such individual will not be directly involved in the
operation of the proposed massage establishment.
a. Full complete name and all aliases or fictitious names used within the last
ten years;
b. The individual's current residential and business addresses, and a list of all
previous residential and business addresses for a minimum of the last eight
years:
C. Written proof of the individual's age date of birth, height weight, color of
hair and eves, and sex;
d. Two identification photographs and fingerprints;
but not limited to, the names and addresses of any other massage
establishments or similar businesses the individual has owned, operated
managed, provided massage services at, or worked at
f. The complete massage permit history for the individual; whether the
individual has had a permit or license to operate manage, provide massage
services at, or work at a massage establishment denied revoked or
suspended in any jurisdiction; the reasons for any such denial, revocation
or suspension; and the business, activity, or occupation the applicant
imaged in subsequent to such denial, revocation or suspension;
g. A description of all criminal convictions, including pleas of nolo contendere
within the last ten years, including those dismissed or expunged pursuant
to California Penal Code section 1203.4, but excluding traffic or infraction
violations, and the date and place of each such conviction and reason
therefor;
h. Such other information and identification deemed necessary by the sheriffs
department.
(8) The name and address of the owner and lessor of the real property upon or in
which the massage establishment is to be conducted. In the event the owner of
the massage establishment is not the legal owner of the property, the application
Page 36
must be accompanied by a notarized acknowledgment from the owner of the
Property that a massage establishment will be located on his/her/its property, and
that the massage establishment shall be subject to the provisions of this chapter,
along with a copy of the lease, if applicable.
(q) Issuance or denial of a massage establishment business license. Upon receipt of a
complete application for a massage establishment business license the director shall
conduct a background investigation, review the application and determine whether to
issue deny, and/or condition a business license in accordance with this title. In
addition to the grounds for denial set forth in section 5.04.050, the director may deny
an application for an initial or a renewal massage establishment business license if
he or she makes any of the following findings:
(1) A massage establishment is not a permitted use in the proposed location or no
conditional use permit for the massage establishment has been issued, if
applicable, and the massage establishment does not possess legal
nonconforming use status, pursuant to the provisions of title 22, Development
Code.
(2) Within twelve months prior to the submittal of the application the location of the
proposed massage establishment has been the site of a massage establishment
that was closed, either voluntarily or in response to action by the city, due to
arrests for criminal activity, violations of this section, and/or notices pertaining to
criminal activity, code violations, or business license suspension or revocation
proceedings.
(3) Anyone who provides or will provide massage services for or at the massage
establishment, does not possess a current and valid CAMTC Certificate.
(4) Any owner, operator, manager, or employee of the massage establishment has
engaged in disqualifying conduct. Disqualifying conduct includes the following:
a. Within ten years preceding the date of filing of the application, the individual
has been convicted in a court of competent jurisdiction of any of the
following:
(i) A violation of any provision of law pursuant to which a person is
required to register under the provisions of California Penal Code
section 290;
(ii) Conduct in violation of California Penal Code sections 266h, 2661
315, 316, 318, 653.22, 653.23, or 647 (b);
(iii) An attempt to commit or conspiracy to commit any of the above
mentioned offenses;
(iv) When the prosecution accepted a plea of guilty or nolo contendere
to a charge of a violation of California Penal Code sections 415. 602,
or any lesser included or related offense, in satisfaction of, or as a
substitute for, any of the previously listed crimes;
Page 37
(v) Any crime committed while engaged in the management or
ownership of a massage establishment or the practice of massage:
(vi) A violation of any offense involving the illegal sale distribution or
possession of a controlled substance specified in California Health &
Safety Code section 11054. 11055, 11056 11057 or 11058' or
NO Any offense under a statute of any state or ordinance of any city or
county, which is the equivalent of any of the aforementioned
offenses, including California Business & Professions Code section
4609(a).
b Within ten years preceding the date of the filing of the application the
individual has had any massage establishment operator, technician
practitioner, therapist, or trainee certificate, license or permit issued by any
state, local agency, or other licensing authority, including the CAMTC
denied, revoked, or suspended for any reason other than lack of sufficient
education; or has had to surrender such a certificate license or permit as
a result of pending criminal charges or administrative proceedings for
suspension or revocation of any such certificate license or permit
C. Within five years preceding the date of filing of the application the individual
has been convicted in a court of competent jurisdiction of any of the
following:
(i) Any crime, other than an infraction or those listed above involvinq
dishonesty, fraud or deceit with the intent to substantially benefit
himself or another, or substantially injure another:
(ii) Any crime other than an infraction or crimes relating to those
offenses listed above, where the crime or act is substantially related
to the management or ownership of a massage establishment or the
practice of massage, including a violation of the Massage Therapy
(iii) Has been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to California Penal Code
sections 11225 through 11235 as the same may be amended from
time to time, or any similar provisions of law in a jurisdiction outside
the State of California; or
(iv) Has been found to be maintaining a nuisance in connection with the
same or similar type of business; or
d. Within five years preceding the date of filing of the application the individual
has engaged in the exposing of specified anatomical areas of oneself or of
another person to view, or in touching the specified anatomical areas of
oneself or of another person while providing massage services or while
within view of a customer or patron of the massage establishment, or has
been the owner, operator, or manager of an establishment where such
conduct occurred.
Page 38
(h) Renewal of massage establishment business licenses.
(1) Business licenses for massage establishments shall be renewed annually in
accordance with this title.
(2) Each applicant for renewal of a massage establishment business license shall
provide such information and documents as may be reasonably required by the
director to determine that the massage establishment is operating in compliance
with the provisions of this title and/or any conditions imposed on the business
license. The director may refuse to renew a business license for a massage
establishment upon finding the existence of any facts or circumstances that
would constitute grounds for the denial or revocation of a business license
(i) Requirements of operation formassage establishments The following requirements
of operation shall apply to all massage establishments located in the city. Each
owner, operator, and manager of a massage establishment shall be responsible for
ensuring that the requirements of operation are complied with at all times.
(1) Building and facility requirements.
a. All massage rooms and dressing rooms shall be screened off by hinged
doors draw drapes, curtain enclosures, or accordion -pleated closures.
Except for bathroom doors, interior doors shall not have locks on them.
b. In addition to the minimum lighting required by Chapter 15.00 Division 6 of
the Municipal Code, all rooms in which massages are being provided shall
be lit with a minimum of one light fixture emittino at least 210 lumens fnr
with lighting levels spread evenly throughout the space. No dimmer
switches, strobe lights flashing lights colored light, or any coverings or
other apparatus, other than a lampshade, which changes or darkens the
color of the primary light source shall be used in any room in which massage
services are being provided.
C. Any locker facilities provided for the use of patrons shall be fully secured for
the protection of the patrons' valuables, and the patron shall be given
control of the key or other means of access.
d. The walls in all rooms where water or steam baths are given shall have a
washable mold -resistant surface.
e. One main entry that enters into the reception area shall be provided for
patron use. Where feasible, this main entry shall be located on the storefront
side of the building or tenant space. All patrons, and any persons other
than those providing services at the massage establishment shall be
required to enter and exit solely through the main entry.
business hours, and the establishment shall comply with the provisions of
the Diamond Bar Municipal Code pertaining to the posting of signs stating
that doors shall remain unlocked durinq business hours. Exits for
Page 39
emergency purposes shall be provided where deemed necessary by the
building official. Notwithstanding the above all exterior doors may be
locked, provided that the massage establishment is a business entity owned
by one individual with one or no employees or independent contractors.
g. There shall be no audio or visual internal communication devices within the
establishment, such as but not limited to, buzzers alarms or intercom
systems.
(2) Maintenance of premises and equipment.
a. All walls, ceilings, floors, pools showers, bathtubs steam rooms and all other
physical facilities of the establishment shall be in good repair and maintained
in a clean and sanitary condition.
b. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets
shower compartments and toilet rooms shall be thoroughly cleaned each day
the business is in operation.
c. Adequate equipment for disinfection and sterilization of instruments used in
performing the massages shall be provided.
d. Hot and cold running water shall be provided at all times.
e. Clean and sanitary towels and linens shall be provided for each patron of the
establishment or each patron receiving massage services No common use
of towels or linens shall be permitted.
f. Standard or portable massage tables or chairs shall be used with a durable
washable plastic or other waterproof material as a covering. Beds
mattresses, water beds, futons sofa beds any type of portable or convertible
beds, and foam pads more than four inches thick or with a width of more than
four feet shall not be permitted in the establishment.
(3) Personnel lists.
a. Copies of the CAMTC certificate and identification card for each employee
required to possess a CAMTC certificate pursuant to this chapter shall be
maintained on file on the premises of the massage establishment at all times
and for a minimum period of two years following the date that the person ceases
Providing services/employment to the massage establishment. Copies shall be
made available to any individual upon request including but not limited to
employees of the city. In addition, within ten days of a massage establishment
hiring or contracting with a new employee, written notice of the name,
residential address, and position of the new employee and true and correct
copies of his or her CAMTC certificate and identification card (if required) shall
be filed with the director.
b. Within five days of the expiration revocation, suspension or surrender of an
employee's CAMTC Certificate, the owner or operator shall provide written
notice of such expiration, revocation suspension, or surrender to the director,
and such employee shall not be permitted to operate manage or provide
Page 40
massage services at the massage establishment until and unless a he or she
receives a valid new or renewed CAMTC Certificate and a copy of such new
CAMTC Certificate and identification card for the employee has been provided
to the director.
A register of all persons who are currently, or who within the last two years
were, employed working or providing services at or for the massage
establishment shall be maintained on the premises of the massage
establishment at all times. The owner shall make the register immediately
available for inspection upon demand of a representative of the sheriff's
department, any health officer, or any other official charged with enforcement
of this title. The register shall include at least the following information:
1) Name, nicknames, and/or aliases:
2) Home address and relevant phone number, including but not
limited to home, cellular, and pager numbers;
3) Age, date of birth, -gender, height weight color of hair and eves;
4) The date of employment and termination if any
5) The duties of each person.
(4) Hours of operation.
a. No massage establishment shall be open for business or operated
between the hours of 10:00 p.m. and 7:00 a.m. of any day, and all
customers, patrons and visitors shall be excluded from the massage
establishment between those hours. A massage begun any time before
10:00 p.m. shall nevertheless terminate at 10:00 p.m. The hours of
operation shall be displayed in a conspicuous public place in the lobby
within the massage establishment and in any front window outside of the
massage establishment.
b. During hours of operation, only employees of the massage establishment
or a patron shall be allowed beyond the reception area of the massage
establishment, with the exception of representatives of the sheriff's
department, any health officer, any other official charged with enforcement
of this title, or a CAMTC official.
c. Patrons and visitors shall only be permitted in the massaqe establishment
during the hours of operation.
(1) Visitors who are not patrons shall only be permitted in the reception
area of the massage establishment.
(2) Patrons shall only be permitted in massage treatment areas if at least
one massage technician is on the premises.
d. The massage establishment shall be supervised during all hours of
operation by a manager specified in the permit application. The name and
photograph (minimum size of four inches by six inches) of the on -duty
manager shall be posted in a conspicuous public place in the lobby of the
Page 41
massage establishment at all times that the business in open This
provision shall not apply to sole providers.
e. No massage establishment shall be used for residential purposes.
(5) Posting requirements. In addition to any other requirements for posting set forth in
this title, the following requirements shall apply:
a. A recognizable and legible siqn complying with the requirements of this
code shall be posted at the main entrance identifying the establishment
as a massage establishment.
b. Each service offered, the price thereof, and the minimum length of time
such service shall be performed shall be posted in a conspicuous public
location in each massage establishment. No services shall be performed
and no sums shall be charged for such services other than those posted
Nothing herein prohibits a voluntary tip from being paid by the patron.
c. Any posted signs which are in a language other than English shall also be
posted in English.
6) Prohibited conduct. Each owner, operator, and manaaer shall be responsible for
the conduct of all employees while such emplovees are oerformina services at or
for the massage establishment. Any act or omission of any employee constituting
a violation of this chapter shall be deemed an act or omission of each of the
owners, operators, and managers for purposes of determining compliance with this
chapter and whether the business license or any other permit required by the city
shall be revoked, suspended, denied, or renewed. In addition to conduct
prohibited by any other provision of law or this code, the following conduct at or by
employees of massage establishments is expressly prohibited:
a. No alcoholic beverages shall be sold, served or furnished on the
premises of any massage establishment unless expressly authorized
under a conditional use permit and licensed by the Department of
Alcoholic Beverage Control.
b. No storage or sale of condoms, spermicides or other makeshift
prophylactic materials (e.g. plastic wrap) shall be permitted within the
massage establishment.
c. No person shall use or possess, nor shall there be any storage of any
sexually -oriented implements or paraphernalia which are designed or
marketed primarily for the stimulation of human genital organs or
sadomasochistic activity.
d. No electrical, mechanical, or artificial device shall be used by any
massage establishment employee for non -security audio and/or video
recording or for monitoring the performance of a massage of the
conversation or other sounds in the massage rooms without the prior
written consent of the patron.
Page 42
e. No employee of a massage establishment shall while engaged in the
practice of massage or while visible to patrons in the massage
establishment dress: (i) in attire that is transparent see-through or
substantially exposes the employee's undergarments: (ii) in a manner that
exposes the massage technician's breasts buttocks or genitals: NO in a
manner which has been deemed by CAMTC to constitute unprofessional
attire based on the custom and practice of the profession in California: or
(iv) in swim attire unless such person is providing a water-based massage
modality which has been approved by CAMTC.
f. No owner, operator, manager or employee of a massage establishment
shall engage in or permit any other employee to engage in any form of
unprofessional conduct as defined in California Business and Professions
Code section 4609(a)(1) including without limitation engaging in anv
form of sexual activity on the premises of a massage establishment or
while providing massage services providing massage of the genitals or
anal regions, or providing massage of the breasts of a female patron
without the written consent of the person receiving the massage and a
referral from a licensed California health care provider.
(i) Inspections.
(1) Representatives of the sheriff's department fire department community
development department and agents for the city or from the County Public
Health Department, and representatives of any state or local agencies with
regulatory authority over massage establishments shall have the right to enter
massage establishments from time to time during regular business hours or at
any time that the massage establishment is occupied or open for business to
verify the massage establishment is in compliance with all applicable laws
without the need for an inspection or abatement warrant No person shall refuse
to permit, cause delay of, or interfere with a lawful inspection or compliance
check of the premises by such officials at any time
(2) The operator shall cause to be conspicuously posted so that the same may be
readily visible to persons in the reception area of the massage establishment in
letters that are a minimum of one inch in height a notice in English and such
other languages as may be convenient to communicate such notice which
provides substantially as follows:
THIS MASSAGE ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY
AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE
In addition operators are encouraged to post this notice in language(s) that are
best understood by the customers of the massage establishment
Sec. 5.08.080. - Pawnbrokers and second hand dealers.
Page 43
(a) [Definitions.] The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1) Pawnbroker means any person engaged in the business of receiving goods in
pledge as security for a loan.
(2) Pawnshop means any room, store, building or other place in which the business
of pawnbroker is engaged in, carried on or conducted.
(3) Secondhand dealer is a person, other than a used -car dealer or dealer in
secondhand books or magazines, engaged in conducting, managing or carrying
on the business of buying, selling or otherwise dealing in secondhand goods,
wares or merchandise, including gold, silver, platinum and mercury, but does not
include a person who does not sell, or offer to sell, secondhand goods, wares or
merchandise except such as is received by such person as payment or part
payment for a new article sold by him.
(b) Hours of operation. A pawnbroker and second hand dealer shall not, and an agent or
employee of a pawnbroker shall not, accept any pledge, or loan any money on
personal property, or purchase or receive any goods or merchandise, or any article
or thing whatsoever, or in any manner whatsoever engage in or conduct the business
of pawnbroker between 7:00 p.m. of any day and 7:00 a.m. of the following day.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.08.090. - Peddling—Solicitation.
(a) Definitions:
(1) Commercial shall mean and include the sale of goods, wares or merchandise for
profit, whether or not a profit is made, and not for any charitable purpose.
(2) Hawking shall mean advertising, promoting or soliciting customers for the sale of
any goods, wares or merchandise, whether or not a sale takes place.
(3) Peddle and peddling shall mean: (a) hawking or selling any goods, wares or
merchandise, including liquids or edibles for human consumption, by traveling or
going by any means of locomotion whatsoever from place to place, from house
to house or business to business, or (b) hawking or selling any goods, wares or
merchandise, including liquids or edibles for human consumption, from or on the
street, on any public property or on any private property without the permission
of the owner or other person in possession and control of the property.
(4) Solicitation shall mean the request, directly or indirectly, of money, credit,
property, financial assistance or other things of value for the commercial or retail
sale of goods, wares or merchandise by taking an order for delivery and
promising later delivery of such goods, wares or merchandise. Individuals
engaged in commercial solicitation for future delivery solely as an incident to
engaging in a business otherwise licensed under this chapter and for which the
Page 44
employer has a current, valid license shall not be deemed to be engaged in the
business of commercial solicitation.
(b) License fee waivers. Veterans, as defined by Business and Professions Code §§
16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell
goods, wares or merchandise owned by them, except alcoholic beverages.
(c) Identification requirements. All licensed peddlers and solicitors licensed pursuant to
this chapter shall carry an original business license, along with picture identification,
at all times when peddling.
(d) Operating requirements.
(1) Generally.
a. No person shall peddle or solicit for commercial purposes in any area of the
city which is zoned for residential use under this Code, from 8:00 p.m. until
9:00 a.m. of the following day.
b. No peddler or commercial solicitor shall touch, come into physical contact
with, or affix any object to another person or any member of the public,
without first receiving express permission therefor from such member of the
public.
c. No peddler or commercial solicitor shall persistently and importunately solicit
any member of the public after such member of the public expresses his or
her desire not to be solicited.
d. No peddler or commercial solicitor shall intentionally and deliberately obstruct
the free movement of any member of the public on any street, sidewalk or
other place or in any place open to the public generally.
(Ord. No. 09(2007), § 1, 12-4-07)
Sec. 5.08.100. - Tow trucks and towing companies.
(a) [Definitions.] For purposes of this chapter, the following term shall have the following
meaning:
(1) Tow truck shall mean a motor vehicle which has been altered or designed and
equipped to tow another motor vehicle by means of a crane, hoist, tow bar, tow
line or dolly.
(b) Exemptions. The provisions of this chapter shall not apply to tow trucks or vehicles
licensed pursuant to Vehicle Code § 11500 et seq. and Business and Professions
Code § 7500 et seq.
(c) Application information. In addition to the information prescribed by the director of
community development, an application for a tow truck service operator's license
shall include the following information:
(1) A map of the district, area or territory to be served by the tow truck service;
Page 45
(2) A schedule of rates proposed to be charged in the areas of the city where the
applicant proposes to operate the service; and
(3) The description and location of the operational facilities of the applicant.
(d) Operating requirements.
(1) Service records to be kept. A tow truck service operator shall maintain the
following records for each order of service:
Location where tow service requested;
Date and time request made;
Description of vehicle towed;
Location to where vehicle towed;
Identification of dispatcher;
Identification of driver; and
Time of dispatch.
(2) Inspection. Such records shall be available for inspection by the director of
community development and the sheriff for a period of at least six months.
(3) Drivers—License preconditions. A tow truck service operator shall not permit any
person to operate a tow truck authorized under his or her license unless such
driver has, in his or her possession, a valid driver's license issued by the State of
California Department of Motor Vehicles.
(4) Insurance requirements. The director shall not issue a tow truck service
operator's license until the applicant has filed a copy of the policy of liability
insurance pursuant to section 5.00.170 that covers every tow truck to be operated
pursuant to the operator's license.
(5) Indemnification. Every operator licensed pursuant to this title shall sign an
indemnification agreement as provided in section 5.00.170 in a form approved by
the city attorney.
(6) Tow truck facility security. If the tow truck service provides storage of towed
vehicles, the operator shall provide security for such vehicles during all business
hours.
(7) Locking of vehicles. If the tow truck service provides storage of towed vehicles,
the operator shall lock each ignition, remove the key, and place the key in a safe
place.
(8) Sign requirements. The operator shall install and maintain a sign on the business
premises, plainly visible from the street, showing the operator's name, the
address of the business, the time when the premises are closed and the towing
and storage fees, if any.
Page 46
No signs shall be posted, pursuant to this section, which would be in violation of
the Diamond Bar Municipal Code.
(9) Rates charged. A copy of the rates charged for utilizing a tow truck's services
shall be posted in each tow truck.
(Ord. No. 09(2007), § 1, 12-4-07)
Page 47
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Attachment 3
City Bar
ofDiamond
Massage Establishment Locations Aftachment 3
In Operation as of '•' • •
Attachment 5
Sec. 22.10.030. - Commercial/industrial district land uses and permit requirements.
Tables 2-5 and 2-6 identify the uses of land allowed by this Development Code in the
commercial and industrial zoning districts, and the land use permit required to establish each use,
in compliance with section 22.06.040 (Zoning district regulations).
Note: Where the last column in the tables ("See Standards in Section") includes a section
number, the regulations in the referenced section apply to the use; however, provisions in other
sections of this Development Code may also apply.
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
Page 1
Permit Requirement by
District
LAND USE (1)
OP
OB (3)
CO
See Standards
in Section:
MANUFACTURING & PROCESSING
Electronics, appliance, and equipment
manufacturing
CUP(4)
Handcraft industries
CUP(4)
Media production
P
Paper product manufacturing
CUP(4)
Research and development
cup
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, lodges, and private meeting halls
CUP
CUP
CUP
22.42.075
Community/cultural centers
CUP
CUP
CUP
22.42.075
Computer services/network gaming centers
CUP
22.42.035
Cultural facilities, libraries and museums
P
P
P
Indoor amusement/entertainment facilities
CUP
Page 1
Health/fitness facilities
CUP
CUP
Outdoor recreation
CUP
Parks and playgrounds
P
P
P
Religious places of worship
CUP
CUP
CUP
Schools, public and private
P
P
P
Studios, art, dance, music, photography, etc.
CUP
Theaters and auditoriums
CUP
CUP
CUP
22.42.075
RETAIL TRADE USES
Alcoholic beverage sales, off-site (5)
P
P
P
Alcoholic beverage sales, off-site, in conjunction
with the sale of motor fuel (5)
CUP
CUP
CUP
Alcoholic beverage sales, on-site
MCUP
MCUP
MCUP
Art, antique, collectable, and gift sales
P
Bars, cocktail lounges and taverns
CUP
22.42.075
Convenience stores
P
General retail stores
P
Pet shops
P
Restaurants
P
P
P
22.42.075
Restaurant with outdoor dining
MCUP
MCUP
MCUP
22.16.070,
22.42.080
Service stations
P
P
P
SERVICE USES
Page 2
Automated teller machines (ATMs)
P
P
P
Banks and financial services
P
P
P
Business support services
P
P
P
Carwash, fully automated and accessory to
service station only
CUP
CUP
CUP
Child day care centers
CUP
CUP
CUP
22.42.040
Hotels and motels
CUP
CUP
22.42.075
Medical services—Clinics and laboratories
CUP
P
P
Medical services—Hospitals
cup
cup
cup
Offices—Administrative/business
P
P
P
Offices—Production
P
P
P
Offices—Professional
P
P
P
Personal services excluding massage
establishments
P
P
P
Personal se, AGUPFeGGUFe, massage
therapy, tattee parlors
0111
�67
01 P
�C4
(6)
Psychic reader
P
P
P
Public utility or safety facilities
P
P
P
Service stations
P
P
Veterinary clinics and animal hospitals
CUP
CUP
CUP
TRANSPORTATION AND COMMUNICATIONS USES
F_ Heliports
�
CUP
�
Page 3
Radio and television antennas and wireless
telecommunications antenna facilities (3)
Utility lines I P I P I P
KEY TO PERMIT REQUIREMENTS
22.42.130
Symbol
Permit Requirement
Procedure is in
Chapter
P
Permitted use, zoning clearance required (2)
22.46
MUP
Conditional use, minor conditional use permit required (2)
22.56
CUP
Conditional use, conditional use permit required (2)
22.58
Use not allowed (see section 22.04.020(h) regarding uses not
listed)
Notes:
(1) See article VI for definitions of each of the land uses listed.
(2) See chapter 22.48 for development review requirements for all uses.
(3) Radio and television antennas and wireless telecommunications antenna facilities shall
be permitted pursuant to the standards contained within Ordinance No. 04(1999).
(4) Use allowed only when accessory to an office use.
(5) Shall be a minimum of 150 feet, measured from the nearest property lines, from any
public or private elementary, middle or high school as defined by Education Code
Section 49430 or any equivalent private school performing the function of such schools.
(6) Massage businesses er establishmeRtS that aFe sole prepFieteFships, wheFe the sole
proprietor is GeFtified by the Galif9FRia Massage Therapy—Get-, ------ 9), and
massage b- -i - - establishrneRtS that empley or use Gn4y-,-. — tified by the
GAMTG aFe permitted uses that de net require appFeval ef a GgRditiGRal use peFFnit.
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Page 4
Page 5
Permit Requirement by District
LAND USE (1)
C-1
C-2
C-3
I
See Standards
in Section:
MANUFACTURING & PROCESSING
Chemical product manufacturing
�CUP
Electronics, appliance, and equipment
manufacturing
P
Fabric product manufacturing
P
Food and beverage manufacturing
P
Furniture and fixtures manufacturing, cabinet
shops
P
Glass product manufacturing
P
Handcraft industries
P
Laundries and dry cleaning plants
�CUP
Lumber and wood product manufacturing
P
Metal products fabrication, machine/welding
shops
P
Paper product manufacturing
P
Plastics and rubber product manufacturing
P
Printing and publishing
P
Recycling—Reverse vending machines
P
P
P
P
22.42.100
Recycling—Small collection facility
P
P
P
22.42.100
Recycling—Large collection
CUP
22. 42.100
Page 5
Recycling—Light and heavy processing (scrap
and dismantling yards)
CUP
22.42.100
Research and development (R&D)
P
Small scale manufacturing
P
Warehousing, wholesaling and distribution
P
MISCELLANEOUS
Emergency shelters
P
22.42.150
Single -room occupancy housing
C
22.42.160
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Adult oriented businesses
P
22.42.020
Clubs, lodges, and private meeting halls
CUP
CUP
22.42.075
Community/cultural centers
CUP
22.42.075
Computer services/network gaming centers
CUP
CUP
22.42.35
Cultural facilities, libraries and museums
P
P
P
Health/fitness facilities
CUP
CUP
Indoor amusement/entertainment facilities
CUP
CUP
Outdoor recreation
I cup
Religious places of worship
CUP
CUP
CUP
�CUP
Schools—Private
CUP
CUP
Schools—Public
P
P
Schools—Specialized education and training
and non -degree
CUP
CUP
See
(5)
CUP
Page 6
Studios—Photograph, portrait, martial arts,
dance, aerobics, etc.
CUPC
UP
CUP
Theaters and auditoriums
CUP
CUP
22.42.075
RETAIL TRADE USES
Alcoholic beverage sales, off-site (3)
P
P
P
Alcoholic beverage sales, off-site, in conjunction
with the sale of motor fuel (3)
CUP
CUP
CUP
Alcoholic beverage sales, on-site
MUP
MUP
MUP
Art, antique, collectable, and gift sales
P
P
P
Auto and vehicle sales/rental
CUP
Auto parts sales
P
P
Auto sales, indoor only
P
Bakery, retail
P
P
P
Bars, cocktail lounges and taverns
CUP
CUP
CUP
22.42.075
Building material stores
P
Certified farmers market
P
Convenience stores
P
P
P
P
Drive-in and drive-through sales
CUP
CUP
CUP
Fueling stations, gasoline, diesel, and electric
only
o
P
P
P
P
Furniture, furnishings, and appliance stores
P
P
General retail stores
P
P
P
Page 7
Grocery stores
P
P
Mobile home and recreational vehicle sales
P
Outdoor retail sales and activities
P
P
22.42.080
Pet shops
P
P
P
Plant nurseries and garden supply stores
P
P
Restaurants
P
P
P
22.42.075
Restaurants with outdoor dining
MUP
MUP
MUP
22.16.070,
22.42.080
Retail sales
�CUP
Second hand stores
P
P
Service stations
P
P
P
Shopping center
CUP
CUP
Warehouse retail stores
CUP
SERVICE USES
Ambulance services T—]
P
P
P
Automated teller machines (ATMs)
P
P
P
Banks and financial services
P
P
P
Bed and breakfast inns
CUP
6P
I
Business support services
P
P
P
Car wash
CUP
�CUP
Child day care centers
CUP
CUP
CUP
22.42.040
Page 8
Drive-in and drive-through services
CUP
CUP
CUP
22.42.050
Equipment rental (construction equipment, etc.)
cup
cup
cup
Hotels and motels
P
P
P
22.42.075
Medical services—Clinics and labs
P
P
P
Medical services—Hospitals
CUP
CUP
CUP
Offices—Accessory to primary use
P
P
P
Offices—Business and professional
P
P
P
Personal services
P
P
P
Personal services AGUpress, Massage
therapy establishments–,ta#99-pa4Gm
GUR
(6)
CUP
(6)
CUP
{6)
5.08.070,
22.42.077
Personal services—Tattoo parlors
P
Psychic reader
P
P
P
P
Public safety facilities
P
P
P
P
Public utility facilities
P
P
P
P
Repair services
P
Service stations
P
P
P
P
Storage, outdoor
P
P
22.42.090
Storage, indoor
P
P
Vehicle services—Maintenance/minor repair
P
P
P
Vehicle services—Major repair/body work
CUP
P
Veterinary clinics and animal hospitals
CUP
CUP
CUP
P
Page 9
TRANSPORTATION & COMMUNICATIONS USES
Heliports
Procedure is in
Chapter
P
Permitted use, zoning clearance required (2)
�CUP
I
MUP
Parking facilities/vehicle storage
22.56
CUP
CUP
ICUP
Radio and television antennas and wireless
telecommunications antenna facilities(4)
22.42.130
Transit stations and terminals
P
IUtility lines
I P
P
P
P
I
Vehicle and freight terminals
cup
ICUP
�
KEY TO PERMIT REQUIREMENTS
Symbol
Permit Requirement
Procedure is in
Chapter
P
Permitted use, zoning clearance required (2)
22.46
MUP
Conditional use, minor conditional use permit required (2)
22.56
CUP
Conditional use, conditional use permit required (2)
22.58
Use not allowed (see section 22.04.020(h) regarding uses not
listed)
Notes:
(1) See article V1 for definitions of each of the land uses listed.
(2) See chapter 22.48 for development review requirements for all uses.
(3) Shall be a minimum of 150 feet, measured from the nearest property lines, from any
public or private elementary, middle or high school as defined by Education Code
Section 49430 or any equivalent private school performing the function of such schools.
Page 10
(4) Radio and television antennas and wireless telecommunications antenna facilities shall
be permitted pursuant to the standards contained within Ordinance No. 04(1999).
(5) Educational classes/training programs as the primary use shall be limited to the second
floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted
use shall require a CUP and be limited to 15 percent of a separately demised space
occupied by a single tenant or 750 square feet, whichever is less.
(6) Massage businesses or establishmeRts that aFe sole prepFieteFships, wheFe the sole
pFepFieter is GeFtified by the GalifeFRia Massage Therapy GGWRGil (GAMTG), a
massage establishmeRtS that empley eF use GRIY peFS9RS GeFtified by4he
GAMTG are peFrnitted uses that dG RGt Fequire appFeval of a GGRditiGRal use peRnit.
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2000), 4-4-00;
Ord. No. 02(2001), § 3, 11-6-01; Ord. No. 06(2002), §§ 1, 2, 5-7-02; Ord. No. 07(2003), 12-2-
03; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 06(2008), § B, 11-18-08; Ord. No. 01(2010), §§ 1,
2, 1-19-10; Ord. No. 02(2010), §§ 1, 2, 2-2-10; Ord. No. 04(2012), §§ 1-6, 4-17-12; Ord. No.
04(2013), § 2, 6-18-13; Ord. No. 05(2013), 7-16-13)
Page 11
Sec. 22.30.040. - 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.
(1) Parking requirements by land use. Each land use shall be provided the number
of off-street parking spaces required by Table 3-10. Additional spaces may be
required/approved through discretionary entitlement approval.
(2) 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 chapter 22.68 (Nonconforming Uses, Structures, and Parcels).
(3) Multitenant sites. A site with multitenants 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 3-10. When a
multitenant shopping center includes uses whose parking requirements are
greater than a typical shopping center (e.g., theaters, restaurants), additional
parking shall be required unless a specific parking reduction is approved in
compliance with section 22.30.050 (Reduction of off-street parking
requirements).
(4) Uses not listed. Land uses not specifically listed by subsection (1) (Parking
requirements by land use), above, shall provide parking as required by the
director. The director shall use the requirements of subsection (1) as a guide in
determining the minimum number of off-street parking spaces to be provided.
(5) Excessive parking. Off-street parking spaces in excess of the requirements in
Table 3-10 may be approved in conjunction with a discretionary entitlement, and
when additional landscaping and pedestrian improvements are also provided.
(6) 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.
(7) 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 as provided in Table 3-10.
TABLE 3-10
RA.R_Iflkk�3_�E--IENTS BY LAND USE AND USE TYPTH
Land Use Type Vehicle Spaces Required
Page 1
Manufacturing, processing and warehousing:
2 spaces for each 1,000 sq. ft. of gross floor
area 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
General manufacturing, industrial and
space comprising less than 20% of the total
processing uses
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.
1 space for each 250 sq. ft. of gross floor
Research and development, laboratories
area, plus 1 space for each company
vehicle.
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
Warehouses and storage facilities
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."
1 space for each 1,000 sq. ft. of gross floor
area 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
Wholesale and distribution operations
space comprising less than 20% of the total
not used exclusively for storage
gross floor area. The parking requirements
for additional office space shall be
calculated separately as provided by this
table for "Offices."
Recreation, education, public assembly:
Page 2
Page 3
1 space for each 10 children, plus one
space for each employee, plus one space
Child day care centers
for each vehicle used in conjunction with the
use, plus permanent drop-off area as
approved by the director.
Large family day care homes
1 space for each employee, in addition to
the required residential spaces.
Churches, other places of worship, and
1 space for each 3 seats or 1 space for
every 35 sq. ft. of gross assembly area,
mortuaries
classrooms, meeting rooms, etc.
1 space for each 3 seats, plus 1 space for
Cinemas
each employee on largest shift.
10 spaces for each hole; plus clubhouse
Golf courses
spaces as required for restaurants, bars,
indoor recreation/fitness centers, etc.
Golf driving ranges
2 spaces for each tee.
Indoor recreation/fitness centers:
1 space for each 200 sq. ft. of gross floor
Arcades
area.
5 spaces for each lane, plus required
Bowling centers
spaces for accessory uses.
1 space for each 150 sq. ft. of gross floor
Health/fitness clubs
area.
Pool and billiard rooms
2 spaces for each table, plus required space
for accessory uses.
1 space for each 400 sq. ft. of gross floor
Skating rinks
area for public use, plus required spaces for
accessory uses.
Page 3
Libraries, museums, art galleries
1 space for each 500 sq. ft. of gross floor
area, plus 1 space for each official vehicle.
Outdoor commercial recreation
Determined by conditional use permit.
Schools (public and private):
3 spaces for each classroom, plus 1 space
Elementary/junior high
for every 200 sq. ft. of assembly area in an
auditorium.
High school
3 spaces for each classroom, plus 1 space
for every 6 students.
College
Determined by conditional use permit.
Trade and business schools
1 space for every 50 sq. ft. of gross
classroom floor area.
Studios and non -degree schools
1 space for each 200 sq. ft. of gross floor
. area and 1 space for each employee.
1 space for each 150 sq. ft. of gross floor
Studios for art, dance and martial arts
area and 1 space for each employee.
2 spaces for each court, plus 1 space for
Tennis/racquetball/handball or other
each 300 sq. ft. of floor area for accessory
courts
uses.
Performance theaters, places of
1 space for each 3 seats, or 1 space for
assembly, meeting halls, and
every 50 sq. ft. of gross assembly or viewing
area, plus accessory uses (e.g., bar,
membership organizations
restaurant).
Residential Uses:
Duplex housing units
1 2 spaces for each unit in a garage.
Page 4
Page 5
2 spaces for each mobile home (tandem
Mobile homes (in M.H. parks)
parking allowed in an attached carport), plus
guest parking.*
Studio units, 1 space for each unit in a
Multifamily dwelling, condominiums and
garage, plus guest parking*
1 bedroom or more, 2 spaces in a garage for
other attached dwellings
each unit, plus 0.5 additional spaces for
each bedroom over 2, plus guest parking.*
Mixed-use developments
Determined by conditional use permit.
1 space in addition to that required for a
Secondary residential units
single-family unit.
1 space for each unit with half the spaces
Senior housing projects
covered, plus 1 guest parking space for
each 10 units.
0.5 space for each residential unit, plus 1
Senior congregate care facilities
space for each 4 units for guests and
employees.
2 spaces in a fully enclosed garage. In
Single-family housing
hillside areas, additional parking for guests
may be required by the director.
Retail trade:
1 space for each 400 sq. ft. of gross floor
area, plus 1 space for each 3,000 sq. ft. of
Automobile, mobile home, vehicle,
outdoor display, service area, plus 1 space
machinery and parts sale
for each 300 sq. ft. of gross floor area for a
parts department, plus 1 space for each 2
employees.
1 space for each 300 sq. ft. of gross floor
Banks and financial services
area.
Page 5
Building materials, hardware stores and
1 space for each 300 sq. ft. of indoor display
plant nurseries
area, plus 1 space for each 1,000 sq. ft. of
outdoor display area.
1 space for each 250 sq. ft. of gross floor
Convenience stores
area.
Restaurants (except fast food), cafes,
1 space for each 75 sq. ft. of gross floor
cafeterias, nightclubs, taverns, lounges
area for patrons, plus 1 space for each 300
or similar establishments for the
sq. ft. of service area, plus one space for
consumption of food and beverages on
each 100 sq. ft. of outdoor dining area.
the premises
1 space for each 100 sq. ft. of gross floor
Restaurants, fast food
area, plus 1 space for each 100 sq. ft. of
outdoor dining area.
Restaurants, delicatessens, take out
1 space for each 250 sq. ft. of gross floor
only, no customer seating
area.
Retail stores:
1 space for each 250 sq. ft. of gross floor
area, plus 1 space for each 600 sq. ft. of
General merchandise
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
Appliance, furniture and bulk goods
area and 1 space for each company vehicle,
stores
plus 1 space for each 1,000 sq. ft. of outdoor
display area.
1 space for each 200 sq. ft. of gross floor
area for centers of less than 20,000 sq. ft.
Shopping centers (shall use
and 1 space for each 250 sq. ft. of gross
unsegregated parking area)
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.,
Page 6
Page 7
plus 1 space for each 1,000 sq. ft. of outdoor
display area.
Service Uses:
1 space for each guest room, in addition to
Bed and breakfast inns
the required parking for the residential use.
1 space for each 400 sq. ft. of gross floor
Copy and reproduction centers
area.
Consumer products - repair and
1 space for each 250 sq. ft. of gross floor
maintenance
area.
Depots: Bus, freight, or rail
Determined by conditional use permit.
1 space for each 300 sq. ft. of floor area,
Equipment rental
plus 1 space for each 1,000 sq. ft. of outdoor
use area.
1 space for each guest room, plus 1 space
Hotels and motels
for each 2 employees on largest shift, plus
required spaces for accessory uses.
Medical services:
1 space for each 250 sq. ft. of gross floor
Clinics, medical/dental offices
area.
Extended care (elderly, skilled nursing
1 space for each 3 beds the facility is
facilities and residential care homes)
licensed to accommodate.
1 space for each patient bed the facility is
licensed to accommodate, plus 1 space for
Hospitals
each 400 sq. ft. of office area, plus required
spaces for accessory uses as determined by
the director.
Page 7
Page 8
1 space for each 300 sq. ft. of gross floor
Medical/dental labs
area.
I space for each 400 sq. ft. of gross floor
Offices, administrative, corporate
area.
1 space for each 400 sq. ft. of gross floor
Pet grooming
area
Personal services:
BaFbeF/beauty shops (and othe-F
Ta#oo
1 space for each 250 sq. ft. of gross floor
peFSGRal seNiGes- studies,
massage therapy) Personal services
area.
1 space for each 500 sq. ft. of gross floor
area, plus 1 space for each 800 sq. ft. of
Kennels and animal boarding
boarding area, plus I space for each
employee.
1 space for each 1,000 sq. ft. of gross floor
Laundries and dry cleaning plants
area.
1 space for each 400 sq. ft. of activity area,
Dry cleaning pickup facilities
plus 1 space for each 1,000 sq. ft. of storage
area.
1 space for each 250 sq. ft. of gross floor
Laundromats
area.
Laboratories and research/development
1 space for each 300 sq. ft. of gross floor
facilities
area.
1 space for each 250 sq. ft. of gross floor
Service stations
area; plus 3 spaces for each service bay.
Storage, personal storage facilities
4 spaces for manager office.
Vehicle repair and maintenance:
Page 8
* Guest parking shall be provided at the ratio of one space for each four required parking
spaces. Spaces shall be dispersed evenly throughout the project and clearly marked for
guest parking only.
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 17, 11-6-01; Ord. No. 04(2005),
§ B, 3-15-05)
Page 9
4 spaces for each service bay, plus
adequate queuing lanes for each bay, plus 1
Repair garage
space for each 2 employees on the largest
shift.
2.5 spaces for each washing stall, for
Self-service vehicle washing
queuing and drying.
10 spaces, plus 10 spaces for each wash
lane for drying area, plus queuing area for 5
Full-service vehicle washing
vehicles ahead of each lane exclusive of
fueling areas.
1 space for each 250 sq. ft. of gross floor
Veterinary clinics and hospitals
area, plus 1 space for each 800 sq. ft. of
boarding area.
* Guest parking shall be provided at the ratio of one space for each four required parking
spaces. Spaces shall be dispersed evenly throughout the project and clearly marked for
guest parking only.
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 17, 11-6-01; Ord. No. 04(2005),
§ B, 3-15-05)
Page 9
Sec. 22.42.020. - Adult-oriented businesses.
This section establishes standards for the location, development, and operation of
adult entertainment business.
(1) Purpose. It is the intent of this chapter to prevent community -wide adverse
economic impacts, increased crime, decreased property values, and the
deterioration of neighborhoods brought about by the concentration of adult-
oriented businesses in close proximity to each other or proximity to other
incompatible uses such as schools for minors, churches, and residentially zoned
districts or uses. The council finds that it has been demonstrated in various
communities that the concentration of adult-oriented businesses causes an
increase in the number of transients in the area, and an increase in crime, and in
addition to the effects described above can cause other businesses and residents
to move elsewhere. It is, therefore, the purpose of this chapter to establish
reasonable and uniform regulations to prevent the concentration of adult-oriented
businesses or their close proximity to incompatible uses, while permitting the
location of adult-oriented businesses in certain areas.
(2) Applicability. Adult-oriented businesses shall be allowed in the light industry
zoning district, subject to the approval of an adult-oriented business permit
subject to the supplemental provisions outlined in subsection (3) below.
(3) Adult-oriented business permit application. In order to operate an adult-oriented
business within this city, the applicant or proprietor of the business shall obtain
an adult-oriented business permit. All applicants for a permit, in addition to any
application or documents required to be filed in compliance with the provisions of
this chapter, shall file a written, signed, and verified application on a form provided
by the director evidencing the following:
a. The name and permanent address of the applicant;
b. The name and business address of the applicants. If the applicant is a
corporation, the applicant shall provide the name of and the state of
incorporation. The name shall be exactly as set forth in its articles of
incorporation, and the applicant shall show the name and address of each of
the officers, directors, and controlling stockholders owning no less that ten
percent of the stock of the corporation. If the applicant is a partnership, the
application shall show the name and address of each of the partners,
including limited partners;
c. Location and address of the proposed adult-oriented business;
d. Legal description of the subject property;
e. A detailed description of the manner of providing proposed entertainment,
including type of entertainment and the number of persons engaged in the
entertainment;
f. Proposed hours of operation;
Page 1
g. A floor plan showing where the specific entertainment uses are proposed to
be conducted within the building;
h. The name or names of the person or persons having responsibility for the
management or supervision of the applicant's business and of any
entertainment; and
i. Statement of the nature and character of the applicant's business, if any, to
be carried on in conjunction with the entertainment.
(4) Referral of application for investigation. The director shall refer the permit
application to the sheriffs department for an investigation to be made of the
information as contained on the application.
a. After the sheriff department's investigation, the director shall approve the
application within 20 days of the sheriffs completed investigation unless one
or more of the following findings is true:
1. That the applicant, his or her employee, agent, partner, director, officer,
controlling stockholder, or manager has knowingly made any false,
misleading, or fraudulent statement of material fact in the application for
a permit, or in any report or record required to be filed with any city or
county agency or department.
2. That on the date that the business for which a permit is required herein
commences, or thereafter, there will be no responsible person on the
premises to act as manager at all times during which the adult-oriented
business is open.
3. That an applicant is under 18 years of age.
4. That the proposed business is located outside the light industry zoning
district or is not in compliance with the separation requirements of
subsection (6) of this section.
b. In the event that the information requested is not immediately available, (i.e.
within ten working days), the sheriffs department shall—if the application
otherwise meets the requirements of this chapter and the investigation
conducted reveals none of the factors set forth in subsection a., above—
issue a report thereon and the permit shall issue therefrom. Whereupon, the
director, or designee thereof, shall issue the permit. Should the information
obtained materially vary from that on the application, the variance shall be
cause to revoke the permit.
c. The city's decision to grant or deny the permit shall not include information
authorized or required to be kept confidential in compliance with Welfare and
Institutions Code §§ 600 to 900.
(5) Transfer of adult-oriented business permits.
a. A permittee shall not operate an adult-oriented business under the authority
of an adult-oriented business permit at any place other than the address of
the adult-oriented business stated in the application for the permit.
Page 2
b. A permittee shall not transfer ownership or control of an adult-oriented
business to another person unless and until the transferee obtains a new
permit in compliance with subsection (3).
c. No permit issued in compliance with this chapter shall be transferable.
d. Any attempt to transfer a permit either directly or indirectly in violation of this
section is hereby declared void, and the permit shall be deemed revoked.
(6) Location/separation requirements. It is unlawful to cause or allow the
establishment of an adult arcade, adult bookstore, adult cabaret, adult motel,
adult motion picture theater-, or adult theater, massage par!E)F within 500 feet of
any other similar adult business, religious institution, school, GF public park-, or
any property designated for residential use or used for residential purposes.
(7) Design standards.
a. No adult-oriented business shall be located in any temporary or portable
structure.
b. Trash dumpsters shall be enclosed by a screening enclosure and locked at
all times so as not to be accessible to the public.
c. No landscaping shall exceed 30 inches in height, except trees with foliage
not less than six feet above the ground.
d. All off-street parking areas and premises entries of the adult-oriented
business shall be illuminated from dusk to closing hours of operation with a
lighting system which provides an average maintained horizontal illumination
of one footcandle of light on parking surfaces and walkways. The lighting
shall be shown on the site plan required by this chapter.
e. The premises within which the adult-oriented business is located shall
provide sufficient sound -absorbing insulation so that noise generated inside
said premises shall not be audible anywhere on adjacent property, public
rights-of-way or within any separate unit within the same building.
f. The building entrance to the adult-oriented business shall be clearly and
legibly posted with a notice indicating that persons under 18 years of age are
precluded from entering the premises.
g. All indoor areas of the adult-oriented business within which patrons are
permitted, except restrooms, shall be open to view by the management at all
times.
h. All areas of the adult-oriented business shall be illuminated at a minimum of
the following footcandles, minimally maintained and evenly distributed at
ground level:
Area Footcandles
Page 3
Bookstores, novelty stores,
20
video stores
Theaters and cabarets
5 (except during performances, at which times lighting
shall be at least 1.25 footcandles)
Arcades
10
Motels/hotels
20 (in public areas)
Modeling studios
20
i. The adult-oriented business shall provide and maintain separate restroom
facilities for male patrons and employees, and female patrons and
employees. Male patrons and employees shall be prohibited from using the
restroom(s) for females, and female patrons and employees shall be
prohibited from using the restroom(s) for males, except to carry out duties of
repair, maintenance and cleaning of the restroom facilities. The restrooms
shall be free from adult-oriented material and adult-oriented merchandise.
The foregoing provisions of this paragraph shall not apply to an adult-oriented
business which: (i) is not required to and does not provide restroom facilities
to patrons or the general public; and (ii) deals exclusively with sale or rental
of adult-oriented material or adult-oriented merchandise which is not used or
consumed on the premises. No restrooms shall contain television monitors
or other motion picture or video projection, recording, or reproduction
equipment.
Adult arcades shall comply with the following additional requirements:
1. The interior of the premises shall be configured in a manner that from a
managers station there is an unobstructed view of every area of the
premises to which any patron is permitted access for any purpose,
excluding restrooms. If the premises has two or more designated
manager's stations then the interior shall be configured in a manner that
from at least one of the manager's stations there is an unobstructed view
of each area of the premises to which any patron is permitted access for
any purpose, excluding restrooms. The view required in this
subparagraph shall be direct line of sight from the designated manager's
station.
2. The view specified in subparagraph 1. shall at all times remain
unobstructed by doors, walls, merchandise, display racks, or other
materials.
Page 4
3. The walls or partitions between viewing rooms or booths shall be
maintained in good repair at all times. The walls or partitions between
viewing rooms or booths shall not contain holes between any two rooms
or booths as would allow either:
(a) Viewing from one room or booth into another; or
(b) Physical contact of any kind between the occupants of any two
rooms or booths.
k. Adult cabarets and adult theaters, except for businesses regulated by the
Alcoholic Beverage Control Commission, shall comply with the following
additional requirements:
1. Separate dressing room facilities for male and female entertainers,
exclusively dedicated to the entertainers' use, shall be provided.
2. An entrance/exit for entertainers, separate from the entrance/exit used
by patrons, shall be provided.
3. Access between the stage and the entertainers' dressing room facilities,
completely separated from the patrons, shall be provided. If separate
access is not physically feasible, a minimum three -foot -wide walk aisle
between the entertainers' dressing room facilities and the stage shall be
provided. The walk aisle shall contain a railing, fence, or other barrier
separating the patrons and the entertainers. The railing, fence, or other
barrier shall be at least 30 inches in height and shall be sufficient to
prevent any physical contact between patrons and entertainers.
(8) Performance standards.
a. No adult-oriented business shall be operated in a manner that permits the
observation, from public rights-of-way or locations outside the establishment,
of either: (i) adult-oriented material; (ii) adult-oriented merchandise; (iii)
specified sexual activities; or (iv) any seminude person. This provision shall
apply to any display, decoration, sign, show window or other opening.
b. Exterior doors and windows of the adult-oriented business shall not be
propped or kept open at any time while the business is open.
c. Exterior windows of the adult-oriented business shall be covered with opaque
covering at all times.
d. Patrons shall not be permitted access to any area of the adult-oriented
business which has been designated as an area in which patrons will not be
permitted.
e. No person under the age of 18 years shall be permitted within the adult-
oriented business at any time.
f. The adult-oriented business shall maintain a security system that visually
monitors and records all off-street parking surfaces serving the business.
Page 5
g. Security guards shall be employed in order to maintain the public peace and
safety, based upon the following standards:
1. One security guard shall be on duty at all times while the business is
open; provided, however, that an additional security guard shall be on
duty if the occupancy limit of the premises is greater than 35 persons.
2. The security guard(s) shall be: (i) certified by the State Commission on
Peace Officer Standards and Training, (ii) currently employed, off-duty
peace officer(s); and (iii) uniformed in a manner so as to be readily
identifiable as a security guard by the public.
3. The security guard(s) shall be charged with preventing violations of law,
enforcing patron compliance with the requirements of this chapter, and
with notifying the Los Angeles County Sheriffs Department of any
violations of law observed.
4. No security guard shall act as a door person, ticket seller, ticket taker,
admittance person, or sole occupant of the manager's station while
acting as a security guard.
h. No owner or other person with managerial control over an adult-oriented
business shall permit any person on the premises of the adult-oriented
business to engage in a live showing of specified anatomical areas or
specified sexual activities.
Adult arcades shall comply with the following additional requirements:
1. No viewing room or video booth may be occupied by more than one
person at any one time.
2. At least one employee shall be on duty and stationed at each manager's
station at all times that a patron is present inside the premises.
3. Customers, patrons or visitors shall not be allowed to loiter in either: (i)
the vicinity of viewing rooms or booths; or (ii) the common area of the
business.
4. Signs prohibiting loitering shall be posted in prominent places in and near
viewing rooms and booths.
5. The floors, seats, walls and other interior portions of viewing rooms and
booths shall be maintained clean and free from waste and bodily
secretions. Presence of human excrement, urine, semen, or saliva in any
viewing rooms or booths shall be evidence of improper maintenance and
inadequate sanitary controls.
Adult cabarets and adult theaters, except for businesses regulated by the
Alcoholic Beverage Control Commission, shall comply with the following
additional requirements:
Page 6
1 . No entertainer shall perform except upon a stage which is both: (i) at
least 18 inches above the level of the floor; and (ii) separated by a
distance of at least ten feet from the nearest area occupied by patrons.
2. No patron shall be permitted within ten feet of the stage while the stage
is occupied by an entertainer.
3. No entertainer shall have physical contact with a patron before, during or
after performances. This subparagraph shall only apply to physical
contact on the premises of the business.
4. No patron shall have physical contact with an entertainer before, during
or after performances. This subparagraph shall only apply to physical
contact on the premises of the business.
5. No patron shall directly pay or give any gratuity to an entertainer.
6. No entertainer shall solicit any gratuity from a patron.
k. Gross receipts records.
Maintenance. The owner of an adult-oriented business shall maintain
complete records which can be segregated with regard to all transactions
involving products, merchandise, services or entertainment which is
characterized by an emphasis on specified sexual activities. Records
shall be sufficient to establish the percentage of gross receipts of the
business which is derived from these transactions. Records shall be
maintained for at least three years after the end of the calendar year for
which the records were created.
2. Exemption. This section shall not be applicable to a adult-oriented
business for which such transactions constitute less than 20 percent of
the gross receipts of the business.
I. Register and permit number of entertainers.
1. Maintenance. Every owner of an adult cabaret and every owner of an
adult theater shall maintain on the premises of the business a register of
all entertainers who perform at the business. The register shall list each
entertainer's legal name, stage name(s), and adult-oriented business
entertainer permit number.
2. Annual filing. Every owner of an adult cabaret and every owner of an
adult theater shall annually file with the director a copy of the register of
entertainers who perform at the business. The filing shall be
accompanied by a statement, signed by the owner, that all of the
information in the register is true and correct to the best of the owner's
information and belief.
(9) Employment of persons without permits. No permittee, owner, operator or other
person in charge of an adult-oriented business shall allow any person to perform
at the business unless the person is in possession of a valid adult-oriented
business entertainer permit.
Page 7
(1 O)Display of permit. Every adult-oriented business shall display at all times during
business hours the permit issued in compliance with the provisions of this chapter
for the business. The permit shall be displayed in a conspicuous place so that it
may be readily seen by all persons entering the adult-oriented business.
(1 1)lnspections. The owner, operator, or other person in charge of an adult-oriented
business shall allow city officers and their authorized representatives to conduct
unscheduled inspections of the premises of the adult-oriented business for the
purpose of ensuring compliance with the law at any time the adult-oriented
business is open for business or is occupied.
(12)Conditions. The requirements of this section shall be deemed conditions of adult-
oriented business entertainer permit approvals. Failure to comply with every
requirement shall be grounds for suspension or revocation of an adult-oriented
business entertainer permit.
(13)Adult-oriented business entertainer permit. It is unlawful for any person to perform
at an adult-oriented business unless that person first obtains from the director,
and continues to maintain in full force and effect, an adult-oriented business
entertainer permit. No person less than 18 years of age shall be eligible for an
adult-oriented business entertainer permit.
a. Application requirements. The following shall be submitted to the director at
the time of application for an adult-oriented business entertainer permit:
1. A completed application form signed by: (i) the applicant; and (ii) the
owner of the adult-oriented business in which the applicant intends to
perform.
2. The applicant's legal name and any other names (including stage names
and aliases) used by the applicant.
3. Age, date, and place of birth.
4. Height, weight, hair, and eye color.
5. Present residence address and telephone number.
6. Whether the applicant has ever been convicted of:
(a) Any of the offenses established in California Penal Code §§ 315,
316, 266a, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b) and
647(d) as those sections now exist or may hereafter be amended or
renumbered.
(b) The equivalent of any of the aforesaid offenses if committed outside
the State of California.
7. Whether a person is or has ever been licensed or registered as a
prostitute, or otherwise authorized by the laws of any other jurisdiction to
engage in prostitution in another jurisdiction. If any person mentioned in
this subsection has ever been licensed or registered as a prostitute, or
otherwise authorized by the laws of any other state to engage in
Page 8
prostitution, a statement shall be submitted giving the place of such
registration, licensing or legal authorization, and the inclusive dates
during which the person was so licensed, registered, or authorized to
engage in prostitution.
8. State driver's license or identification number.
9. Satisfactory written evidence that the applicant is at least 18 years of age.
10. The applicant's fingerprints on a form provided by the sheriffs
department, and a color photograph clearly showing the applicant's face.
Any fees for the photographs and fingerprints shall be paid by the
applicant.
b. Referral of application for investigation. The director shall refer the permit
application to the sheriffs department for an investigation to be made of such
information as is contained on the application.
1. After the sheriffs department's investigation is completed, the director,
within 20 days, shall approve the permit unless one or more of the
following findings is true;
(a) That the applicant, his or her employee, agent, partner, director,
officer, controlling stockholder, or manager has knowingly made any
false, misleading, or fraudulent statement of material fact in the
application for a permit, or in any report or record required to be filed
with any city or county agency or department.
(b) That an applicant is under 18 years of age.
2. In the event that the information requested in compliance with this
chapter is not immediately available, the sheriffs department shall—if the
application otherwise meets the requirements of this chapter and the
investigation conducted reveals none of the factors set forth in
subsection 1. above—issue a report thereon and the permit shall issue
therefrom. Whereupon, the director, or designee thereof, shall issue the
permit. Should the information obtained in compliance with this chapter
of this Code materially vary from that on the application, the variance
shall be cause to revoke the permit.
3. The city's decision to grant or deny the permit shall not include
information authorized or required to be kept confidential in compliance
with Welfare and Institutions Code §§ 600 to 900.
c. Nontransferable.
1. No adult-oriented business entertainer permit shall authorize the
permittee to perform at an adult-oriented business other than the
business stated in the application for the permit.
2. No adult-oriented business entertainer permit issued in compliance with
this chapter shall be transferable.
Page 9
3. Any attempt to transfer an adult-oriented business entertainer permit is
hereby declared invalid and the permit shall automatically become void
effective the date of such attempted transfer.
d. Display of permit. Every entertainer shall have his or her adult-oriented
business entertainer permit available for inspection at all times during which
the entertainer is on the premises of the adult-oriented business at which the
entertainer performs.
(14) Couch dancing/straddle dancing and other sexual activities prohibited.
a. No person shall operate or cause to be operated an adult-oriented business,
regardless of whether or not a permit has been issued under this
Development Code, knowingly, or with reason to know, permitting, suffering,
or allowing any employee:
1. To engage in a couch dance or straddle dance with a patron at the
business;
2. To contract or otherwise agree with a patron to engage in a couch dance
or straddle dance with a person at the business;
3. To intentionally touch any patron at an adult-oriented business while
engaged or simulating a "specified sexual activity"; or
4. To voluntarily be within six feet of any patron while engaged in the display
or exposure of any "specified anatomical area" or engaged in or
simulating a "specified sexual activity."
b. No employee of an adult-oriented business shall:
1. Engage in a couch dance or straddle dance with a patron at the business;
2. Contract or otherwise agree to engage in a couch dance or straddle
dance with a patron at the business;
3. Engage in the display or exposure of any "specified anatomical area" or
engage in or simulate a "specified sexual activity" closer than six feet
from any patron.
c. No person at any adult-oriented business, regardless of whether or not said
business is permitted under this Development Code, shall intentionally touch
an employee who is simulating a "specified sexual activity" at the adult-
oriented business.
d. No person at any adult-oriented business, regardless of whether or not said
business is permitted under this Development Code, shall engage in a couch
dance or straddle dance with an employee at the business who is simulating
a "specified sexual activity."
e. No employee of an adult-oriented business, regardless of whether or not a
permit has been issued for said business under this section, shall engage in
a performance, solicit a performance, make a sale, solicit a sale, provide a
Page 10
service, or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of
any particular day.
(15)Establishment of an adult-oriented business. The establishment of an adult-
oriented business shall include any of the following:
a. The opening or commencement of operation of any adult-oriented business
as a new business.
b. The conversion of any existing business (whether or not an adult-oriented
business) to any adult-oriented business.
c. The addition of any adult-oriented business to any existing adult-oriented
businesses if the addition results in enlargement of the place of business. For
the purposes of this paragraph, enlargement shall mean an increase in the
size of the building within which the business is conducted by either
construction or use of an adjacent building or any portion thereof, whether
located on the same or an adjacent lot or parcel of land.
(16) Suspension or revocation of permits; grounds for suspension or revocation.
a. The director shall suspend or revoke an adult-oriented business permit for
the following causes:
The permittee has knowingly made any false, misleading or fraudulent
statement of material fact in the application, or in any report or record
required to be filed with the city.
2. The permittee, or an employee, owner, agent, partner, director,
stockholder, or manager of the adult-oriented business has knowingly
failed to comply with any of the requirements of this section.
3. The permittee, or an employee, owner, agent, partner, director,
stockholder, or manager of the adult-oriented business has knowingly
allowed or permitted the occurrence of criminal activity on the premises
of the adult-oriented business.
4. The permittee, or an employee, owner, agent, partner, director,
stockholder, or manager of the adult-oriented business has committed a
misdemeanor or felony in the conduct of the business.
5. The permittee, or an employee, owner, agent, partner, director,
stockholder, or manager of the adult-oriented business has failed to
abide by any disciplinary action previously imposed by an authorized city
official.
6. The approved use has been substantially enlarged without city approval.
b. Procedures for revocation or modification of permits shall be as established
by article V, chapter 22.76, Revocation and Modification.
(Ord. No. 02(1998), § 2, 11-3-98)
Page 11
Sec. 22.80.020. - Definitions of specialized terms and phrases.
(m) Definitions, W." The following definitions are in alphabetical order:
Major reasonable accommodation means any deviation requested and/or granted
from the strict application of the city's laws, rules, policies, practices and/or procedures of
the city, including land use and zoning regulations of this title, resulting in a deviation from
the allowed uses and permit requirements of this title, or a physical modification to the
property which cannot be restored or terminated within 90 days or less after the need for
the reasonable accommodation ends.
Map Act. See "Subdivision Map Act."
Massage establishment. A business engaging in massage services pursuant to the
provisions set forth in section 5.08.070.
Medical services—Clinics and laboratories. Facilities primarily engaged in furnishing
outpatient medical, mental health, surgical and other personal health services, but which
are separate from hospitals, including:
Health management organizations (HMOs)
Medical and dental laboratories
Medical, dental and psychiatric offices
Out-patient care facilities
Other allied health services
Counseling services by other than medical doctors or psychiatrists are included under
"offices."
Medical services—Extended care. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds, including: Board and care homes;
convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term
personal care facilities that do not emphasize medical treatment are included under
"residential care homes."
(p) Definitions, "P." The following definitions are in alphabetical order:
Pad. A level area created by grading to accommodate development.
Paper product manufacturing. The manufacture of paper and paperboard, from both
raw and recycled materials, and their conversion into products including paper bags,
boxes, envelopes, wallpaper, etc.
Parcel. See "lot, or parcel."
Parking facilities/vehicle storage. Service establishments in the business of storing
operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients.
Includes both day use and long-term public and commercial garages, parking lots and
structures, except when accessory to a primary use. (All primary uses are considered to
include any customer or public use off-street parking required by the Development Code.)
Includes sites where vehicles are stored for rental or leasing. Does not include
dismantling yards (classified in "recycling facilities—scrap and dismantling yards").
Parks and playgrounds. Public parks, play lots, playgrounds, and athletic fields for
noncommercial neighborhood or community use, including tennis courts. If privately -
owned, the same facilities are included under the definition of "private residential
recreation facilities." See also "outdoor recreation."
Parolee -probationer home means any residential structure or unit, whether owned
and/or operated by an individual or a for-profit or nonprofit entity, which houses two or
more parolees -probationers unrelated by blood, marriage, or legal adoption, in exchange
for monetary or nonmonetary consideration given and/or paid by the parolee -probationer
and/or any public or private entity or person on behalf of the parolee -probationer. A
parolee -probationer includes: (1) any individual who has been convicted of a federal
crime, sentenced to a United States prison, and received conditional and revocable
release in the community under the supervision of a Federal Parole Officer; (2) any
individual who has served a term of imprisonment in a state prison and who is serving a
period of supervised community custody, as defined in Penal Code Section 3000, and is
under the jurisdiction of the California Department of Corrections, Parole and Community
Services Division; (3) an adult or juvenile sentenced to a term in the California Youth
Authority and who has received conditional and revocable release in the community under
the supervision of a youth authority parole officer; or (4) any individual who has been
convicted of a felony, sentenced to any correctional facility, including county correctional
facilities, and is under the jurisdiction of any federal, state, or county parole or probation
officer. For the purposes of this section, "felony" means a felony as defined by any
California or United States statute.
Patio. A typically paved outdoor area on the site of a dwelling that is used for lounging,
dining, etc.
Paving and roofing materials manufacturing. The manufacture of various common
paving and petroleum-based roofing materials, including bulk asphalt, paving blocks
made of asphalt, creosote wood and various compositions of asphalt and tar. The
manufacture of wood roofing materials (shingles, shakes, etc.) is included under "Lumber
and wood product manufacturing."
Permitted use. A use of land identified by article 11 (Zoning Districts and Allowable
Land Uses) as being allowed in a particular zoning district, subject to the approval of a
zoning clearance, in compliance with chapter 22.46 (Zoning Clearances).
Person. Any individual, firm, co -partnership, corporation, company, association, joint
stock association; city, county, state, or district; and includes any trustee, receiver,
assignee, or other similar representative thereof.
Personal services. Establishments providing nonmedical services to individuals as a
primary use, including:
AGUpress pro
Clothing rental
Dry cleaning pick-up stores
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
Tailors
Tanning salons
Tattoo parlors
These uses may also include accessory retail sales of products related to the services
provided.
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FA 011 DWI 2 2 1 MATJ I We] MMON1 I I I'Mci
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
1, Stella Marquez, declare as follows:
On September 13, 2016, the Diamond Bar Planning Commission will hold a
Regular Meeting at 7:00 p.m. at City, Windmill Community Room, 21810 Copley Drive,
Diamond Bar, California.
I am employed by the City of Diamond Bar. On September 9, 2016, a copy of the
Planning Commission Agenda was posted at the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
21800 Copley Drive
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 9, 2016, at Diamond Bar, California.
Stella Paraq kue z
CD:\zstell,,i\,qffidavitl)ostijig.doc