§ 22.04

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)

ARTICLE II. - ZONING DISTRICTS AND ALLOWABLE LAND USES CHAPTER 22.06. - ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP

Sec. 22.06.010. - Purpose of chapter.

This chapter establishes the zoning districts applied to property within the city, determines how the zoning districts are applied on the zoning map, and provides general permit requirements for development and new land uses.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.06.020. - Zoning districts established.

Diamond Bar shall be divided into zoning districts which implement the general plan. The zoning districts shown in Table 2-1 are established, and shall be shown on the official zoning map (section 22.06.030).

TABLE 2-1

ZONING DISTRICTS

Notes:

(1)

The general plan designations for public facilities, water, and school are implemented by all zoning districts.

(2)

See section 22.14.040 and chapter 22.32.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 06(2013), § 3(Exh. A), 9-3-13; Ord. No. 07(2013), § 3(Exh. A), 9- 17-13; Ord. No. 01(2014), § B.4, 2-4-14)

Sec. 22.06.030. - Zoning map adopted.

The council hereby adopts the City of Diamond Bar Zoning Map (hereafter referred to as the "zoning map"), which is on file with the department.

(1)

Inclusion by reference. The zoning map, together with all legends, symbols, notations, references, zoning district boundaries, and other information on the maps, has been adopted by the council in compliance with Government Code § 65800 et seq., and is hereby incorporated into this Development Code by reference as though it were fully included herein.

(2)

Zoning district boundaries. The boundaries of the zoning districts established by section 22.06.020 (Zoning districts established) shall be shown upon the zoning map.

(3)

Relationship to general plan. The zoning map shall implement the general plan, specifically including the land use map.

(4)

Map amendments. Amendments to the zoning map shall follow the process established in chapter 22.70 (General Plan, Development Code, and Zoning Map Amendments).

(5)

Zoning map interpretation. The zoning map shall be interpreted in compliance with section 22.04.020(g) (Rules of interpretation—Zoning map boundaries).

(Ord. No. 02(1998), § 2, 11-3-98)