Title 22 of the Diamond Bar Municipal Code is and may be cited as the Diamond Bar Development Code, hereafter referred to as "this Development Code."

(Ord. No. 02(1998), § 2, 11-3-98)

The purpose of this Development Code is to implement the policies of the Diamond Bar general plan by classifying and regulating the uses of land and structures within the City of Diamond Bar. In addition, this Development Code is adopted to protect and to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the city. To fulfill these purposes, it is the intent of this Development Code to:

(1)

Provide standards for the orderly growth and development of the city, and promote a stable pattern of land uses;

(2)

Implement the uses of land designated by the Diamond Bar general plan and avoid conflicts between land uses;

(3)

Maintain and protect the value of property;

(4)

Conserve and protect the natural resources of the city;

(5)

Protect the character, and social and economic stability of residential, commercial, and industrial areas;

(6)

Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design; and

(7)

Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, title 7, section 4, division 2 of the California Government Code (Government Code § 66410 et seq.).

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

This Development Code is enacted based on the authority vested in the City of Diamond Bar by the State of California, including but not limited to: the state constitution; the planning and zoning law (Government Code § 65000 et seq.); the Subdivision Map Act (Government Code § 66410 et seq.); and the California Health and Safety Code.

(b)

This Development Code and the zoning map (section 22.06.030) are the primary tools used by the City of Diamond Bar to implement the goals, objectives, and strategies of the Diamond Bar general plan, which is the overall policy document of the city, hereafter referred to as the "general plan."

(Ord. No. 02(1998), § 2, 11-3-98)

This Development Code applies to all land uses, structures, subdivisions, and development within the City of Diamond Bar, as provided by this section.

(1)

New land uses or structures, changes to land uses or structures. Compliance with the requirements of section 22.02.020 (Requirements for development and new land uses) or, where applicable, chapter 22.68 (Nonconforming Uses, Structures, and Parcels), is necessary for any person to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure;

(2)

Issuance of building or grading permits. The building official or city engineer, as applicable, may issue building, grading, or other construction permits only when:

a.

The proposed land use and/or structure satisfy the requirements of subsection (1) above, and all other applicable statutes, ordinances and regulations; and

b.

The director and city engineer determine that the site was subdivided in compliance with title 21, (Subdivisions).

(3)

Subdivision of land. Any subdivision of land proposed within the city after the effective date of this Development Code shall be consistent with: the minimum lot size requirements of article II (Zoning Districts and Allowable Land Uses); title 21 (Subdivisions); and all other applicable requirements of this Development Code.

(4)

Continuation of an existing land use. An existing land use is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Development Code, including chapter 22.68 (Nonconforming Uses, Structures and Parcels).

Existing land uses that were in violation of city zoning regulations applicable before the effective date of this Development Code, or in violation of the prior Los Angeles County Zoning Ordinance, are in violation of this Development Code. These uses shall continue to be in violation unless they conform to the current provisions of this Development Code.

(5)

Effect of Development Code changes on projects in progress. A land use permit application that has been accepted by the department as complete prior to the effective date of this Development Code or any amendment shall be processed according to the requirements in effect when the application was accepted as complete.

(6)

Minimum requirements. The provisions of this Development Code shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Whenever in this Development Code discretion is vested in a city official or body, that discretion may be exercised so as to impose more stringent requirements as may be necessary to promote orderly land use development and the purposes of this Development Code.

(7)

Other requirements may still apply. Nothing in this Development Code eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Municipal Code or complying with the regulations of any city department, or any county, regional, state, or federal agency.

(8)

Conflicting requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with section 22.04.020(f) (Conflicting requirements).

(Ord. No. 02(1998), § 2, 11-3-98)

This Development Code shall be administered by the Diamond Bar City Council, planning commission, hearing officer, director, and the community and development services department, in compliance with chapter 2.00 of the Municipal Code and chapter 22.64 (Administrative Responsibility).

(Ord. No. 02(1998), § 2, 11-3-98)

This chapter sets forth the general requirements for the approval of proposed development and new land uses in the city. Land use permit requirements for specific land uses are set forth in articles II and III.

(Ord. No. 02(1998), § 2, 11-3-98)

All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:

(1)

Allowable uses. The use of land shall be identified by chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts), as being allowable in the zoning district applied to the site. The director may determine whether a particular land use is allowable, in compliance with section 22.04.020(h) (Rules of interpretation—Allowable uses of land).

(2)

Permit/approval requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in section 22.02.030 (Exemptions from development and land use approval requirements). The land use permit requirements of this Development Code are established by chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts).

(3)

Development standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, including the zoning district standards of article II (Zoning Districts and Allowable Land Uses), and the provisions of article III (Site Planning and General Development Standards).

(4)

Conditions of approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

(5)

Legal parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the subdivision map act and title 21 (Subdivisions), as applicable at the time the parcel was created.

(6)

Development agreements/unilateral contracts. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with chapter 22.62 (Development Agreements), or unilateral contract previously approved by the city and recorded with the County of Los Angeles.

(Ord. No. 02(1998), § 2, 11-3-98)

The land use permit requirements of this Development Code do not apply to the activities, uses of land and/or structures identified by this section.

(1)

Governmental facilities. Facilities of the city, state, or the federal government on land owned or leased by a governmental agency, for governmental operations.

(2)

Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.

(3)

Reconstruction of destroyed uses and structures. A use of land and/or structure destroyed by fire or natural disaster may be reestablished as it existed, provided that it was legally established and in compliance with this Development Code before destruction. See section 22.68.030(e) (Maintenance and repair) regarding repairs to nonconforming structures.

(4)

Repairs and maintenance. Ordinary repairs and maintenance, if:

a.

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

b.

The exterior repairs employ the same materials and design as the original construction.

(Ord. No. 02(1998), § 2, 11-3-98)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in chapter 22.50 (temporary use permits).

(Ord. No. 02(1998), § 2, 11-3-98)

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:

(1)

Other Municipal Code provisions, including: Building, grading or other construction permits if they are required by chapter 15.00; or a business license if required by chapter 5.00; or

(2)

Any applicable county, or any regional, state or federal agency regulations.

All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the city's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the city.

(b)

Process for requesting reasonable accommodation.

(1)

A completed application form and the required fee provided by the community development department.

a.

A description of how the property will be used by the disabled individual(s);

b.

The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence;

c.

A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

d.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

(c)

Decision on application.

(1)

The director shall consider an application for a minor reasonable accommodation. The director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to the planning commission, which shall render a decision on the application in the same manner as it considers a major reasonable accommodation. The director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

(2)

The planning commission shall consider an application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the director. The planning commission shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the planning commission meeting shall be made in writing, ten days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property. The commission may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

(3)

If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

a.

The director, planning commission or city council shall approve the request for a reasonable accommodation subject to the following findings:

1.

The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

2.

The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

3.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

4.

The requested accommodation will not result in a fundamental alteration of the nature of the city's zoning or building laws, and policies and procedures, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

b.

Factors. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

2.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.

In the case of a residential care facility or sober living home or similar group home for the disabled, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

4.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

5.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

6.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan;

7.

In the case of a residential care facility or sober living home or similar group home for the disabled, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

4.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter.

5.

That the reasonable accommodation shall only be applicable to the particular individual(s) or property.

(d)

Appeals.

(1)

The director's decision on a minor reasonable accommodation may be appealed to the planning commission within ten days of the date the city issues the written determination.

a.

The appellant shall pay an appeal fee as established by resolution of the city council.

b.

The planning commission shall conduct a duly noticed public hearing as described within this title prior to taking action on the appeal.

c.

The appeal shall be filed with a written statement of the basis for the appeal, and shall state all facts and arguments known to support the claim.

(2)

The decision of the planning commission may be appealed to the city council pursuant to the provisions in chapter 22.74.

(e)

Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.

(Ord. No. 03(2010), § 6, 5-18-10)

This chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the general plan.

(Ord. No. 02(1998), § 2, 11-3-98)

(a)

Authority. The director or designee of the director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Development Code.

(b)

Language.

(1)

Terminology. When used in this Development Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to …"

(2)

Number of days. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice issued or given as provided in this Development Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the map act.

(3)

State law requirements. Where this Development Code references applicable provisions of state law (e.g., the California Government Code, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

(c)

Calculations—Rounding. Where provisions of this Development Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this subsection. For example, the provision of RM zoning district which allows a parcel to be developed with 12 dwellings for each gross acre of site area, requires determining the number of acres in the site, and multiplying the site area by 12 to determine the number of dwellings allowed.

(1)

Minimum lot area and number of lots. The fractional/decimal results of calculations of the number of parcels allowed through subdivision based on a minimum lot area requirement shall be rounded down to the next lowest whole number. For example, the RM zoning district minimum lot area requirement of 5,000 square feet would allow division of a 21,000 square foot lot into four lots (21,000/5,000 = 4.2, rounded down to four).

(2)

Residential density. When the number of housing units allowed on a site are calculated based on density limits established by a zoning district, any fraction of a unit of 0.9 or greater shall be counted as a whole unit; any fraction of a unit less than 0.9 shall be rounded down to the next lowest whole number. For example, the RM zoning district allows 12 dwelling units per gross acre of site area; a site of 8,500 square feet would be allowed two dwelling units (8,500/43,560 = 0.195 acres; 0.195 x 12 = 2.34, rounded down to two). A site of 10,600 square feet would be allowed three housing units (10,600/43,560 = 0.243 acres; 0.243 x 12 = 2.92, rounded up to three).

(3)

Floor area ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum floor area ratio of 0.25 applied to a site of 25,853 square feet results in a maximum allowable floor area of 6,463 square feet (25,853 × 0.25 = 6,463.25, rounded down to 6,463). The maximum FAR itself (0.09, 0.25, etc.) is never rounded.

(4)

All other calculations. For all calculations required by this Development Code other than those described in subsections (c)(1) and (c)(2) above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

(d)

Separation between land uses. The distances required by this Development Code separating specified land uses shall be measured from the exterior property boundary of the subject site to the exterior property boundary of the site from which such separation is required.

(e)

Surrounding property for public notice. When public notice is required by this Development Code, "surrounding property" shall be defined as all properties within the radius encompassing the required distance from the exterior property boundary of the subject property.

(f)

Conflicting requirements. Any conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved as follows:

(1)

Development code provisions. In the event of any conflict between the provisions of this Development Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of article II (Zoning Districts and Allowable Land Uses) and the provisions of article III (Site Planning and General Development Standards), the provisions of article III shall control.

(2)

Development agreements or specific plans. In the event of any conflict between the requirements of this Development Code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

(3)

Municipal Code provisions. In the event of any conflict between requirements of this Development Code and other regulations of the city, the most restrictive shall control.

(4)

Private agreements. The requirements of this Development Code shall not be interpreted as repealing, abrogating, or annulling any easement, covenant, or deed restriction imposed on private property. All land use and development shall comply with the requirements of this Development Code, regardless of the provisions of any private covenant or deed restriction. The city shall not enforce any private covenant, restriction, or agreement unless it is a party thereto.

(g)

Zoning map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty. (See also section 22.06.040, Zoning district regulations.)

(1)

Where the zoning map shows any lot or area within a particular zoning district, the zoning district shall extend to the centerline of any adjacent road, street, parkway, or highway.

(2)

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the director shall determine the location of the boundary by using the scale appearing on the zoning map.

(3)

Where a public street, alley, railroad, or other public right-of-way is officially vacated or abandoned, property that was within the former right-of-way shall be deemed to be included within the zoning district applicable to the property to which the abandoned right-of-way is being attached.

(h)

Allowable uses of land. If a proposed use of land is not specifically listed in article II (Zoning Districts and Allowable Land Uses), the use shall not be allowed, except as follows:

(1)

Similar uses allowed. The director may determine that a proposed use not listed in article II may be allowed as a permitted or conditional use, or is not allowed. In making such a determination, the director shall first find that:

a.

The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise or intensity than the uses listed in the district;

b.

The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c.

The proposed use will be consistent with the goals, objectives and policies of the general plan and any applicable specific plan.

(2)

Applicable standards and permit requirements. When the director determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required and what other standards and requirements of this Development Code apply.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 1, 7-16-24)

Whenever the director determines that the meaning or applicability of any of the requirements of this Development Code are subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation or refer the question to the planning commission for determination.

(1)

Request for interpretation. The request for an interpretation or determination shall be made to the department and shall include all information described in the Instructions for Interpretation Requests, available from the department.

(2)

Findings, basis for interpretation. The issuance of an interpretation by the director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the general plan.

(3)

Record of interpretations. Official interpretations shall be:

a.

Written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

b.

Distributed to the council, commission, city attorney, city clerk, and department staff.

Any provision of this Development Code that is determined by the director to need refinement or revision will be corrected by amending this Development Code in compliance with the provisions in article V, chapter 22.70 as soon as is practical. Until an amendment can occur, the director will maintain a complete record of all official interpretations as an appendix to this Development Code, and indexed by the number of the chapter or section that is the subject of the interpretation.

(4)

Referral of interpretation. The director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Development Code directly to the commission for consideration.

(5)

Appeals. Any interpretation of this Development Code by the director may be appealed to the commission as provided by chapter 22.74 (Appeals). The commission's decision shall be final.

(Ord. No. 02(1998), § 2, 11-3-98)