Diamond Bar Municipal Code § 22.14.030 Planned development (PD) overlay district

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)

(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)

(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)

(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)

(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 mixed-use 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)