Title 22 — DEVELOPMENT CODE[[1]]

Footnotes:

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Cross reference— Planning commission, ch. 2.36; general hazards, ch. 8.04; environmental protection, ch. 8.12; public health, ch. 8.24; parks and recreation, ch. 12.00; streets and sidewalks, ch. 12.04; plants and trees on public property, ch. 12.08; sewers and sewage disposal, ch. 13.00; undergrounding of utilities, ch. 13.04; Building and Construction Safety Codes, ch. 15.00; signs, ch. 15.04; Uniform Fire Code, ch. 16.00; subdivisions, title 21.

ARTICLE I. - PURPOSE AND APPLICABILITY OF DEVELOPMENT CODE CHAPTER 22.01. - ENACTMENT AND APPLICABILITY OF DEVELOPMENT CODE

Sec. 22.01.010. - Title.

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)

Sec. 22.01.020. - Purpose and intent of Development Code.

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)

Sec. 22.01.030. - Authority; relationship to general plan.

(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)

Sec. 22.01.040. - Applicability of Development Code.

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)

Sec. 22.01.050. - Responsibility for administration.

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)

CHAPTER 22.02. - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS