Chapter 22.08 — RESIDENTIAL ZONING DISTRICTS

Sec. 22.08.010. - Purpose of chapter.

This chapter provides regulations for development and new land uses in the residential zoning districts established by section 22.06.020 (Zoning districts established).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.08.020. - Purposes of residential zoning districts.

The purposes of the individual residential zoning districts and the manner in which they are applied are as follows.

(1)

RR (rural residential) district. The RR zoning district identifies hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. The maximum allowed density for new residential subdivisions within this zoning district will be one dwelling unit per gross acre, or lower densities where required by chapter 22.22 (Hillside Management). The RR zoning district is consistent with the rural residential land use category of the general plan.

(2)

RL (low density residential) district. The RL zoning district is intended primarily for parcels developed with existing detached single-family dwellings. The maximum allowed density for new residential subdivisions within this zoning district will be three dwellings per gross acre. The RL zoning district is consistent with the low density residential land use category of the general plan.

(3)

RLM (low/medium density residential) district. The RLM zoning district is intended primarily for existing subdivided areas developed with detached single-family dwellings. The maximum allowed density for new residential subdivisions within this zoning district will be five dwellings per gross acre. The RLM zoning district is consistent with the low density residential land use category of the general plan.

(4)

RM (medium density residential) district.The RM zoning district is intended for areas developed with existing planned townhome, condominium, apartment, mobile home, and other multifamily residential projects. The maximum allowed density for new residential projects within this zoning district will be 12 dwellings per gross acre. The RM zoning district is consistent with the medium density residential land use category of the general plan.

(5)

RMH (medium/high density residential) district. The RMH zoning district is intended for areas of existing and planned townhome, condominium, apartment, other multifamily residential projects, and mobile home parks. The maximum allowed density for new residential projects within this zoning district will be 16

dwellings per gross acre. The RMH zoning district is consistent with the medium high density residential land use category of the general plan.

(6)

RH (high density residential) district. The RH zoning district is intended for areas of existing and proposed high density condominium and apartment projects, other high density residential projects, and mobile home parks. The maximum allowed density for new residential projects within this zoning district will be 20 dwellings per gross acre. The RH zoning district is consistent with the high density residential land use category of the general plan.

(7)

RH-30 (high density residential-30 dwelling units per acre) district. The RH-30 zoning district is intended for high-density condominium and apartment developments. The maximum allowed density for new residential projects within this zoning district will be 30 dwellings per net acre and the minimum density will be 20 dwelling units per net acre. The RH-30 zoning district is consistent with the high density-30 residential land use category of the general plan. When the RH-30 designation is applied to property pursuant to Government Code Section 65583.2(h), subsequent review of any complete development application

submitted in the same housing element planning period shall comply with the requirements of Government Code Sec. 65583.2(i).

(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)

Sec. 22.08.030. - Residential zoning district land uses and permit requirements.

Table 2-3 identifies the uses of land allowed by this Development Code in each residential zoning district, and the land use permit required to establish each use, in compliance with section 22.06.040(c) (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 2-3

ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS

KEY TO PERMIT REQUIREMENTS

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)

The land use category for a group home shall be determined based upon the predominant operating characteristics of the use. Only one land use category shall be applied to a use at a time.

(5)

Zoning clearance is not required for family day care homes.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 03(2010), § 3, 5-18-10; Ord. No. 06(2013), § 3(Exh. A), 9-3-13; Ord. No. 07(2013), § 3(Exh. A), 9-17-13; Ord. No. 03(2017), § 2, 5-2-17; Ord. No. 03(2021), § 1, 12-7-21; Ord. No. 03(2024), § 2, 7-16-24)

Sec. 22.08.040. - Residential zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-4, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards).

TABLE 2-4

RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area), and chapter 22.22 (Hillside Management). Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter.

(2)

Maximum number of dwellings allowed for each specified unit of land. The approval of a conditional use permit within areas subject to section 22.22.040 (Hillside management—Density) may result in fewer dwelling units being allowed than the maximum density shown. See also chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses.

(3)

Front setbacks listed are minimums. For single-family detached tract development, a minimum five-foot setback variation for adjacent residential units is required.

(4)

See section 22.68.030(b)(2) for nonconforming side setbacks and distance separations to dwelling units.

(5)

Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 04(2001), § 3, 11-20-01; Ord. No. 06(2013), § 3(Exh. A), 9-3-13; Ord. No. 07(2013), § 3(Exh. A), 9-17-13; Ord. No. 01(2021), § 1, 7-20-21; Ord. No. 03(2024), § 3, 7-16-24)

Sec. 22.08.050. - Minimum lot area.

The minimum area for each parcel proposed in a subdivision, and the maximum density of residential development, is determined by section 22.08.040 (Residential zoning district general development standards).

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.10. - COMMERCIAL/INDUSTRIAL ZONING DISTRICTS

Sec. 22.10.010. - Purpose of chapter.

This chapter provides regulations for development and new land uses in the commercial and industrial zoning districts established by section 22.06.020 (Zoning districts established).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.10.020. - Purposes of commercial/industrial zoning districts.

The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows.

(1)

OP (office, professional) district. The OP zoning district is intended for areas appropriate for office-based working environments for general, professional, and administrative offices, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OP zoning district is consistent with the professional office land use category of the general plan.

(2)

OB (office, business park) district. The OB zoning district is intended for areas appropriate for larger scale, headquarters-type office facilities and business park developments, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OB zoning district is consistent with the professional office land use category of the general plan.

(3)

CO (commercial office) district. The CO zoning district is intended for areas appropriate for a diverse mix of office, retail, and service-related uses, with office-type facilities being the primary uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The CO zoning district is consistent with the commercial office land use category of the general plan.

(4)

C-1 (neighborhood commercial) district. The C-1 zoning district is applied to areas appropriate for retail sales, offices, and services serving the daily needs of nearby residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-1 zoning district is consistent with the general commercial land use category of the general plan.

(5)

C-2 (community commercial) district. The C-2 zoning district is applied to areas appropriate for a wide range of retail shopping and service uses, primarily intended to serve the needs of Diamond Bar residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-2 zoning district is consistent with the general commercial land use category of the general plan.

(6)

C-3 (regional commercial) district. The C-3 zoning district is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-3 zoning district is consistent with the general commercial land use category of the general plan.

(7)

I (light industry) district. The I zoning district is applied to areas appropriate for light industrial/manufacturing uses including research and development, office-based industrial uses in an "industrial park" setting, business support services, and commercial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The I zoning district is consistent with the light industrial land use category of the

general plan and intended to accommodate the need for emergency shelter and single-room occupancy housing identified in the city's housing element.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2013), § 1, 6-18-13)

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

KEY TO PERMIT REQUIREMENTS

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.

TABLE 2-6

ALLOWED USES AND PERMIT REQUIREMENTS

FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS

KEY TO PERMIT REQUIREMENTS

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)

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.

(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)

Transitional or supportive housing developments located in the industrial zoning district shall be configured as, and are subject to the standards and restrictions that apply to, single-room occupancy housing. A supportive housing development as described in section 22.42.170(b) is a permitted use in the industrial zoning district subject to ministerial zoning clearance and/or plot plan review; other transitional or supportive housing developments located in the industrial zoning district require conditional use permit approval and are subject to the same permitting requirements as a single-room occupancy housing development.

(7)

A CUP shall be required for studios that offer instruction.

(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), 7-1613; Ord. No. 07(2016), §§ 1, 2, 11-1-16; Ord. No. 03(2024), §§ 4, 5, 7-16-24; Ord. No. 01(2026), § 1, 1-2026)

Sec. 22.10.040. - Commercial/industrial district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards).

TABLE 2-7

COMMERCIAL/INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area). Commercial condominium or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter.

(2)

A project may be granted FAR above the minimum, up to the maximum shown, at the discretion of the review authority based on amenities provided by the project as provided in section 22.16.070 (Open space for commercial projects).

(3)

Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions).

(4)

Projects located within the Gateway Corporation Center are subject to any additional development standards contained with the Gateway Corporate Center Design Guidelines.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.10.050. - Industrial district performance standards.

All land uses proposed in the I (light industry) zoning district shall be operated and maintained so as to not be injurious to public health, safety or welfare, and shall comply with the following standards:

(1)

Air contaminants. Every use shall comply with rules, regulations and standards of the South Coast Air Quality Management District (SCAQMD). An application for a use, activity or process requiring SCAQMD approval to construct or operate must file a copy of the permit with the director, prior permit issuance or commencing the activity.

(2)

Glare and heat. No direct or sky-reflected glare or heat, whether from floodlights or from high temperature processes (including combustion or welding or otherwise) shall be visible or felt at the property line.

(3)

Ground vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations.

(4)

Hazardous materials. All development shall meet the requirements of the county's urban stormwater discharge permit.

(5)

Noise. No approved land use shall generate noise levels that exceed the standards and regulations of the noise control ordinance.

(6)

Odor. No approved land use shall generate or emit any obnoxious odor or fumes perceptible at the property line.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.11. - MIXED-USE ZONING DISTRICTS

Sec. 22.11.010. - Purpose of chapter.

This chapter provides regulations for development and new land uses in the mixed-use zoning districts established by section 22.11.020.

(Ord. No. 03(2026), § 5, 3-17-26)

Sec. 22.11.020. - Purpose of mixed-use zoning districts.

The purposes of the individual mixed-use zoning districts and the manner in which they are applied are as follows:

(1)

TCSP (town center specific plan) district. The TCSP district implements the "town center specific plan" and is consistent with the town center mixed use land use category of the general plan.

(Ord. No. 03(2026), § 5, 3-17-26)

Sec. 22.11.030. - Mixed-use zoning district land uses, permit requirements, and development standards.

(1)

TCSP (town center specific plan) district. All development within the town center specific plan district shall be subject to the town center specific plan, as it may be amended from time to time. The town center specific plan is on file with the city clerk and is incorporated herein by reference.

(Ord. No. 03(2026), § 5, 3-17-26)

Sec. 22.11.040. - Special provisions applicable to lower-income sites within mixed-use zoning districts.

(1)

TCSP (town center specific plan) district. In accordance with subdivision (h) of Government Code Section 65583.2, the following additional regulations shall apply to each site within the town center specific plan district identified in Table B-3 of appendix B to the City of Diamond Bar 2021-2029 General Plan Housing Element to accommodate the city's low- or very low-income housing needs: (a) at least 16 dwelling units may be developed on the site; (b) 100 percent of the uses on the site may be residential; (c) residential uses shall occupy at least 50 percent of the total gross floor area of any new development on the site; and (d) for developments in which 20 percent or more of the units are affordable to lower income households, multifamily dwellings shall be considered a use by right and shall be reviewed ministerially pursuant to section 22.18.040(f).

(Ord. No. 03(2026), § 5, 3-17-26)

CHAPTER 22.12. - SPECIAL PURPOSE ZONING DISTRICTS

Sec. 22.12.010. - Purpose of chapter.

This chapter provides regulations for development and new land uses in the special purpose zoning districts established by section 22.06.020 (Zoning districts established).

(1)

AG (agricultural) district. The AG zoning district is intended for application to areas upon annexation to the city, where low density residential uses, agricultural and compatible open space uses, and public facility and recreation uses are desired. The maximum allowed density for new single-family residential development is one dwelling per five gross acres. The AG zoning district is consistent with the agricultural land use category of the general plan.

(2)

OS (open space/conservation) district. The OS zoning district is applied to areas of the city with open space resources, including scenic qualities, sensitive environmental features including wildlife habitat, and/or natural hazards. The district may also be applied to sites that have been restricted to open space by map restriction, deed (dedication, or condition, covenant and/or restriction), or by an open space easement in compliance with Government Code § 51070 et seq. and § 64499 et seq. The maximum allowed density for new residential development within this zoning district will be one dwelling unit per parcel, unless construction was previously restricted or prohibited by Los Angeles County. The OS zoning district is consistent with the open space land use category of the general plan.

(3)

REC (recreation) district. The REC zoning district is applied to areas appropriate for active and passive recreational uses including golf courses, public parks, and private, primarily outdoor, recreation facilities. The REC zoning district is consistent with the golf course, park, and private recreation land use categories of the general plan.

(4)

SP (specific plan) district. The SP zoning district is applied to specific subareas identified in the general plan as planning areas (PA), where site characteristics require careful and creative design to integrate proposed development with existing natural resources. The type, amount, and mixture of land uses allowed within the SP district shall be determined through the specific plan process. The SP zoning district is consistent with the planning areas and specific plan overlay land use categories of the general plan.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.12.020. - Purposes of special purpose zoning districts.

Reserved.

Sec. 22.12.030. - Special purpose district land use and permit requirements.

(a)

General requirements. Table 2-8 identifies the uses of land allowed by this Development Code in each special purpose zoning district, 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.

(b)

Requirements for the SP (specific plan) district. Allowable land uses and permit requirements for the SP zoning district shall be determined by the council through the approval of a specific plan, in compliance with chapter 22.60 (Specific Plans).

TABLE 2-8

ALLOWED USES AND PERMIT REQUIREMENTS

FOR SPECIAL PURPOSE ZONING DISTRICTS

KEY TO PERMIT REQUIREMENTS

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)

Telecommunications facilities shall be permitted pursuant to the standards contained within Ordinance No. 4-1(1997).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.12.040. - Special purpose district general development standards.

(a)

General development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-9, in addition to any other applicable requirements of this chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards).

(b)

SP (specific plan) district development standards. Standards for development and new land uses within the SP (specific plan) zoning district shall be determined by the applicable specific plan.

TABLE 2-9

SPECIAL PURPOSE DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area), and chapter 22.22 (Hillside Management). For open space/conservation district, no minimum lot area required, unless construction was previously restricted or prohibited on such properties by the County of Los Angeles.

(2)

Maximum number of dwellings allowed for each specified unit of land. The approval of a minor use permit or conditional use permit may result in fewer dwelling units being allowed than the maximum density shown. See also chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses.

(3)

Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions).

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.14. - OVERLAY ZONING DISTRICTS

Sec. 22.14.010. - Purpose of chapter.

This chapter provides regulations for development and new land uses in the overlay zoning districts established by section 22.06.020 (Zoning districts established).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.14.020. - Purpose and applicability of districts.

(a)

Purpose. The overlay zoning districts established by this chapter provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or compatibility issues require particular attention in project planning.

(b)

Applicability. The applicability of any overlay zoning district to specific sites is shown by the overlay zoning map symbol established by section 22.06.020 (Zoning districts established), being appended as a suffix to

the symbol for the primary zoning district on the zoning map (for example, RL-PD). The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this Development Code. In the event of any perceived conflict between the provisions of this chapter and any other provision of this Development Code, this chapter shall control.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.14.030. - Planned development (PD) overlay district.

(a)

Purpose. Consistent with the general plan vision statement, the PD overlay zoning district provides for maximum flexibility in the site planning and design of residential, commercial, industrial/manufacturing and mixed use projects to encourage superior land use by means such as open space and public amenities. The PD overlay district may be applied to areas where site characteristics and environmental resources, adjacent land uses, or other community conditions may be benefited by site-specific planning or the design of structures that would not otherwise be allowed in the primary zoning district.

(b)

Applicability. The PD overlay zoning district may be combined with any residential, commercial/industrial, or special purpose zoning district established by section 22.06.020 (Zoning districts established).

(c)

Allowed land uses. Any land use normally allowed in the primary zoning district may be allowed within the PD overlay zoning district, except when the ordinance rezoning a site to the PD overlay includes specific limitations on allowable land uses.

(d)

Permit requirements. Conditional use permit approval (chapter 22.58) shall be required for all development proposed on a site subject to the PD overlay district. Changes of use in existing structures shall be subject to the land use permit requirements established by the primary zoning district.

(e)

Development standards. Approval of a conditional use permit within the PD overlay zoning district may include specific modifications to any of the city's development standards normally required by this article or article III (Site Planning and General Development Standards) including: Minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping, or off-street parking. Proposed development and new land uses within the PD overlay shall comply with all other applicable provisions of this Development Code.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.14.040. - Adopted PD overlay districts.

(a)

C-3-PD hotel overlay.

(1)

Purpose.

a.

The intent of the C-3-PD/hotel overlay ("overlay") is to promote and facilitate the orderly redevelopment of a prominent, freeway offramp-adjacent site, formerly occupied by an automobile dealership, in a manner consistent with the city council's adopted goals and objectives, most notably the fiscal responsibility/economic development goal which states: "identify specific development opportunities and develop specific plans to revitalize the K-Mart and Honda property areas in a way that provides the greatest net benefit to the community."

b.

Because of the commercial development opportunities afforded to the overlay as a result of its accessibility to the highest traffic volumes in the city, and in furtherance of the council's goals and objectives, careful land use planning is critically important to help ensure that those opportunities are attained and maximized.

c.

The city council found that the highest and best use for the overlay is a hotel. As such, any land use plan formulated for the overlay shall include a hotel as the primary use. The product type, size and configuration of the hotel shall be determined through careful market analysis. Secondary uses will be considered by the city for approval only if such uses support hotel operations, or for which the market analysis can demonstrate that such secondary uses are necessary to make the costs of constructing and operating a hotel financially feasible.

(2)

Existing buildings.

a.

"Existing buildings" are defined as those buildings lawfully existing within the C-3-PD/hotel overlay on the effective date of this section. Existing buildings may be occupied by uses permitted or conditionally permitted in the C-3 district, unless such a use is expressly prohibited by this ordinance.

b.

The interiors of existing buildings may be retrofitted or renovated to accommodate such uses; however, no existing building may be enlarged, and no new buildings shall be established, except as set forth below.

c.

Exterior colors of existing buildings may be modified, subject to city approval, and exterior signs may be modified or replaced in accordance with chapter 22.36 (Sign Standards). No other exterior structural or architectural modification to existing buildings shall be permitted, unless expressly authorized pursuant to an approved master development plan as set forth below.

(3)

New development.

a.

A master plan for development shall be submitted to the city for review and approval prior to the issuance of grading or building permits for any construction resulting in additional floor area, and/or new floor area to replace buildings intended for demolition. The master plan shall include text, diagrams and any other exhibits as needed to fully define the scope of the plan.

b.

A market study prepared by a qualified economic analyst shall be utilized in the formulation of the master plan. The market study shall be utilized to assist in assessing the feasibility of the master plan. Factors to be evaluated in the market study shall include, but not be limited to:

1.

Market scenarios for properties surrounding the overlay.

2.

Evaluation of site capacity in order to estimate the physical limitations of the overlay.

3.

Vehicle capacity of roads which will access the overlay, including planned freeway and other relevant roadway expansions.

4.

Financial analysis incorporating estimates of the development costs and projected revenues in order to assess developer returns (e.g., residual land value, internal rate of return, and return on total cost).

5.

Highest and best use strategies capable of yielding the highest net benefit to the community consistent with financial feasibility and reasonable economic return.

c.

As provided under chapter 22.14, the proposed master plan may include modifications to the development standards applicable to the underlying C-3 district.

d.

As specified in chapter 22.14, the master plan proposal shall be submitted to the city as a conditional use permit in accordance with procedures set forth in chapter 22.48. Alternatively, the master plan may be submitted as a specific plan in accordance with the procedures set forth in chapter 22.60.

e.

As a condition of master plan approval, building permits for the hotel shall be secured and construction of the hotel shall commence prior to the establishment of any approved non-hotel uses. Alternatively, the property owner(s) and city may enter into a development agreement pursuant to this Development Code chapter 22.62, which prescribes the terms under which occupancy of non-hotel uses may occur prior to commencement of hotel construction. The meaning of the term "commencement of construction" shall be precisely defined in the development agreement.

(b)

Non-codified overlays. Overlay districts not listed in this chapter which are identified on the official zoning map are incorporated herein by reference.

(Ord. No. 01(2014), § B.3(Exh. B), 2-4-14)

Sec. 22.14.050. - Housing element site (H) overlay district.

(a)

Purpose. The housing element site (H) overlay district is established to provide development and land use regulations for the development of multifamily dwellings on specified sites identified in the City of Diamond Bar 2021-2029 Housing Element to accommodate the city's unmet regional housing needs allocation (RHNA).

(b)

Applicability. The (H) overlay district shall apply to those parcels so designated on the zoning map. The (H) overlay district generally applies to those parcels with a general plan land use designation of town center mixed-use, neighborhood mixed-use, and transit-oriented mixed-use identified in Tables B-3, B-4, and B-5 of appendix B to the City of Diamond Bar 2021-2029 General Plan Housing Element, which have not otherwise been made subject to the regulations of an adopted specific plan or other residential or mixeduse zoning district.

(c)

Uses. Multifamily dwellings shall be a permitted use on sites within the (H) overlay district, either as a standalone development, or as part of a mixed-use development containing other uses permitted within the underlying zoning district. Other uses permitted by state law or another provision of the Development Code to be developed on sites zoned for multifamily use shall also be permitted or conditionally permitted, as applicable.

(d)

Development standards. Except as otherwise expressly provided in this section, the site planning and development standards applicable to the development of property within the RH-30 (high density residential-30 dwelling units per acre) zoning district shall apply to developments within the (H) overlay district containing multifamily dwellings. All other applicable development standards in the underlying

zoning district and not in conflict with this section shall apply to uses within a mixed-use development containing a multifamily dwelling.

(e)

Special provisions applicable to lower-income sites. In accordance with subdivision (h) of Government Code Section 65583.2, the following additional regulations shall apply to those sites within the (H) overlay district identified in Tables B-3, B-4, and B-5 of appendix B to the City of Diamond Bar 2021-2029 General Plan Housing Element to accommodate the city's low- or very low-income housing needs:

(1)

At least 16 dwelling units may be developed on the site.

(2)

Residential uses shall occupy at least 50 percent of the total gross floor area of any new development on the site.

(3)

For developments in which 20 percent or more of the units are affordable to lower income households, multifamily dwellings shall be considered a use by right and shall be reviewed ministerially pursuant to section 22.18.040(f).

(f)

Parking requirements. Except as otherwise expressly provided in section 22.18.010 or another provision of this Code, or by state law, the number of and design of required off-street parking spaces shall be as set forth in chapter 22.30. The calculation of required parking spaces shall be based upon the parking required for each individual use within a development. Where a mix of uses are developed and two or more uses have distinct and differing peak parking usage periods, an applicant may request, but shall not be entitled to, a reduction in the required number of parking spaces. Such a request may be approved by the final review authority, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path) and the number of parking spaces provided shall not be less than either: (i) the demonstrated estimated peak demand for the site during any 24-hour period, plus a 15 percent contingency, or (ii) the minimum number of spaces required in chapter 22.30 for use requiring the fewest spaces. A shared parking analysis prepared by a duly licensed professional shall be provided by the applicant to support a request for a parking reduction.

(g)

Special procedures applicable to housing development projects. The special procedures applicable to housing development projects set forth in chapter 22.18 shall apply to proposed development on sites within the (H) overlay district.

(Ord. No. 01(2025), § 2, 2-4-25)

ARTICLE III. - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS

CHAPTER 22.16. - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS

Sec. 22.16.010. - Purpose and applicability.

(a)

Purpose. The purpose of this chapter is to ensure that new or modified uses and development produce an environment of stable and desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the general plan.

(b)

Applicability. The standards of this chapter apply to all zoning districts (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

All new or modified structures and uses shall conform with the standards of this chapter as determined applicable by the director, except as specified in chapter 22.68 (Nonconforming Uses, Structures and Parcels).

(Ord. No. 02(1998), § 2, 11-3-98)