Diamond Bar Municipal Code § 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)

Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road or a private street or road, conforming to adopted city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Any parcel located on a private street or road which was legally established prior to the effective date of this Development Code, is exempt from the required compliance with the latest adopted city standards for private streets or roads.

Access driveways shall be provided as required in compliance with chapter 22.30 (Off-Street Parking and Loading Standards).

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Dust and dirt emissions. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following:

(1) Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;

(2) Operations during high winds. Clearing, earth-moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective;

(3) Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be the minimum required to implement the allowed use;

(4) Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the building official and city engineer;

a. Material(s) excavated or graded shall be sufficiently watered or covered to prevent excessive amounts of dust. Watering, with complete coverage of the disturbed area, shall occur at least twice daily preferably in the late morning and after work is done for the day. Reclaimed water shall be used when available.

b. Material(s) transported off-site shall not be loaded higher than six inches below the top of the trailer and either sufficiently watered with reclaimed water when available, or securely covered to prevent dust.

(5) On-site roads. On-site roads shall be paved as soon as feasible, watered periodically with reclaimed water, whenever possible, or stabilized in an environmentally safe manner;

(6) Revegetation. Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and

(7) Fencing. Appropriate fences or other means may be required by the director to contain dust and dirt within the parcel.

(b) Odor emissions. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, vapors, etc.) shall comply with SCAQMD's rules and regulations, including rule 402 which prohibits the formation of an odor nuisance.

(c) Exhaust emissions. The South Coast Air Quality Management District (SCAQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality Handbook. All land use activities shall be conducted in a manner consistent with the provisions of the South Coast Air Quality Management Plan.

Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities (including fugitive dust) exceed daily or quarterly significance thresholds, the project applicant shall coordinate with the SCAQMD to determine the appropriate mitigation measures to minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD rules and regulations pertaining to construction emissions (i.e., rule 403 as amended).

(Ord. No. 02(1998), § 2, 11-3-98)

Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code § 21.000 et seq.), city and general plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Exterior fixtures. Lighting fixtures shall be architecturally compatible with the character of the surrounding structure(s) and shall be energy efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Generally, pole-mounted fixtures shall be low in height (20 feet or less) and be equipped with light shields to reduce or eliminate light spillage beyond the project's boundaries.

(b) Intensity. Parking areas shall be provided with lighting capable of providing adequate illumination for nighttime security and safety. Lighting, as set forth in the lighting or electrical plan, shall provide a minimum one footcandle of illumination at the ground throughout the parking area and all associated walkways, plazas and courts. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source.

(c) Security lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.

(d) Shielding. Where the light source is visible from outside the project boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. This requirement shall not apply to single-family residential uses, traffic safety lighting, or public street lighting.

(e) Recreational court lighting. The following standards shall apply to the lighting of outdoor recreational courts:

(1) Light fixtures shall not be located closer than ten feet to the nearest property line.

(2) Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material.

(3) Light fixtures shall not be located more than 18 feet from the court surface.

(4) Not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court.

(5) Light fixtures shall be supported by an arm extending at least four feet from a support pole.

(6) Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one footcandle measured from grade to a height of 12 feet. The incident light level upon any habitable building on an adjacent property shall not exceed 0.05 footcandle.

(7) Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays.

(8) In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark-colored coating.

(9) Provisions of this subsection may be waived or modified through the approval of a minor conditional use permit in compliance with chapter 22.56.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 19, 11-6-01)

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with chapter 22.20 (Fences, Hedges, and Walls):

(1) Maximum height. The height of structures shall not exceed the standards established by the applicable zoning districts in article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured from the finished grade adjacent to any point at each exterior wall of the structure to the highest point of the roofline, above and parallel to the finished grade. Structures in hillside areas shall comply with the height regulations provided in section 22.22.120 (Architecture).

(2) Exceptions to height limits. Exceptions to the height limits for nonresidential structures shall apply in the following manner:

a. Elevator penthouses and lofts. Roof-mounted structures for the housing of elevators, lofts, stairways, tanks, ventilating fans, or similar equipment shall be allowed, up to a maximum of 15 feet above the allowed structure height. The total square footage of all structures above the allowed height shall not exceed 25 percent of the total roof area of the main structure. Additional height or area may be allowed subject to the approval of a minor conditional use permit in compliance with chapter 22.56.

b. Chimneys, spires, towers, etc. Chimneys, cupolas, domes, flag poles, gables, spires, towers, and similar structures may exceed the height limit established for the applicable zoning district, up to a maximum of 20 feet. Additional height may be allowed subject to the approval of a minor conditional use permit in compliance with chapter 22.56.

[Figure: Figure 3-1]

Figure 3-1

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2012), § 7, 4-17-12)

This section provides requirements and incentives for the provision of pedestrian-oriented open spaces and amenities for newly developed or redeveloped commercial centers throughout the city. The intent is to make the pedestrian environment more pleasant through the provision of community open spaces, plazas, courtyards, outdoor dining and seating areas, and associated amenities, including public art where appropriate.

(1) Open space required. Multitenant commercial centers one acre in size and larger shall provide a minimum of one percent of the total land area of the center as useable pedestrian-oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels.

Project proponents are encouraged to provide open space areas that exceed the minimum amount required. The city may offer incentives in compliance with subsection (3), below.

(2) Standards for open space development. To qualify as useable pedestrian-oriented open space, an area shall meet the following requirements:

a. Pedestrian open space areas shall be designed as an integral part of the overall project and shall specifically relate to the main circulation pattern(s) within the project. Leftover pieces of the site that are not related to the primary pedestrian circulation system shall not be counted as qualified open space areas;

b. The minimum area of a required open space area shall be 100 square feet of hardscape material. The minimum dimension of an open space area shall be ten feet in any direction. Outdoor dining areas may have a minimum dimension of six feet. The director may approve areas with less than the minimum dimension for projects of less than three acres.

c. Areas shall be open to the sky except for shade trellises and roof overhangs. Glass-enclosed sun rooms or similar structures may qualify if located adjacent to a pedestrian sidewalk and the facility is readily available to the general public;

d. Open space areas shall be oriented to the main pedestrian circulation network and shall incorporate seating, enhanced paving materials, lighting, shade trees and/or trellises, and landscaping. Fountains, works of art, and similar features are also strongly encouraged;

e. Areas provided primarily for walkways or for the sole use of employees (e.g., lunch patios or entrance lobbies) shall not be counted as qualified open space areas; and

f. Qualified pedestrian open space areas shall be located at ground level to a maximum of three feet above finished grade. Open space areas shall be easily accessible to the general public during normal business hours and shall be barrier free for handicapped access.

(3) Open space bonuses. Development incentive bonuses to encourage pedestrian open spaces that exceed the above requirements and the provision of public art may be available at the discretion of the city. Eligible projects include new shopping centers greater than one acre in size and remodeled shopping centers greater than five acres in size. The types of bonus incentives that may be available to eligible projects include:

a. Increase in maximum structure height;

b. Increase in maximum lot coverage;

c. Increase in floor area ratio;

d. Reduction in landscaping requirements; and/or

e. Reduction in front setback to accommodate pedestrian open space amenities.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 6, 7-16-24)

This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas with respect to multifamily and nonresidential land uses.

(1) Screening between different land uses. An opaque screen consisting of plant material and a masonry wall, six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district. Pedestrian access gates may be provided between the commercial properties and abutting common open area within residential developments. The wall shall be architecturally treated on both sides, subject to the approval of the director, or the hearing officer, if part of a project review.

(2) Mechanical equipment. Roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, water heaters, etc.), loading docks, service yards, waste and storage areas, and utility services shall be screened from public view from abutting public streets and rights-of-way, and abutting area(s) zoned for residential or open space uses, including views from above the subject project. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style subject to approval by the director.

The screening design/construction shall be subject to the approval of the director, or the hearing officer, if part of a project review, and shall blend with the design of the structure(s) and include appropriately installed and maintained landscaping when on the ground;

(3) Outdoor storage and work yards. Uses with outdoor storage of materials, or operations shall comply with the following:

a. Outside uses shall have a solid sight-obscuring wall not less than six feet, or more than seven feet, in height, of a type and design approved in advance of construction by the director, or the hearing officer, if part of a project review. The wall shall include sight-obscuring gates. The wall and gate(s) shall be maintained to continuously conform to the conditions of the director or hearing officer;

b. Site operations in conjunction with the outdoor uses, including but not limited to, the loading and unloading of materials and equipment, shall be conducted entirely within a walled area;

(4) Outdoor building and garden supply areas. Outdoor building and garden supply areas shall be screened with walls, fencing, landscaping, or similar material to minimize visibility of the storage area; and

(5) Parking areas abutting public streets and rights-of-way. An opaque screen shall be installed along parking areas abutting public streets and rights-of-way. The screening shall have a total height of not less than 30 inches and not more than 42 inches. However, where the finished elevation of the parking area is lower at the boundary line than the abutting property elevation, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this subsection.

The opaque screen shall consist of one, or a combination, of the following:

a. Landscaped berm. A berm constructed of earthen materials and landscaped to form an opaque screen;

b. Fences. A solid fence constructed of wood, or other materials compatible to form an opaque screen; and/or

c. Walls, including retaining walls. A wall of concrete, block, stone, brick, tile or other similar type of solid masonry material.

(Ord. No. 02(1998), § 2, 11-3-98)

This section establishes standards to ensure the provision of open areas around structures for: Visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

(1) Setback requirements. All structures shall conform with the setback requirements established for each zoning district by article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code and by the Uniform Building Code as adopted by the city. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this section.

(2) Measurement of setbacks. Setbacks shall be measured as follows:

a. Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the wall of the structure, except as follows:

[Figure]

1. Corner parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future right-of-way line is officially established, required yards shall be measured from the established line(s);

2. Flag lots. The measurement shall be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public street or right-of-way to the nearest point of the wall of the structure.

b. Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

c. Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the structure to the nearest point of the side property line adjoining the street.

d. Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except:

1. The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street right-of-way. However, if an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and

2. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard (Figure 3-3).

(3) Allowed projections into setbacks. The following architectural features may extend beyond the wall of the structure and into the front, side and rear yard setbacks, only as follows:

a. Chimneys/fireplaces. A chimney/fireplace, up to eight feet in width, may extend 30 inches into a required setback, but no closer than three feet to a side or rear property line.

[Figure]

b. Canopies, cornices, eaves and roof overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar devices, which do not increase the floor area enclosed by the structure, may extend into required yards as follows:

1. Front yard setback: Up to three feet into the required front yard;

2. Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; and

3. Rear yard setback: Up to five feet into the required rear yard but not closer than ten feet to the rear property line.

c. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend up to six feet into the required front yard setback.

d. Stairways. Outside stairways and landings that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows:

1. Front yard setback: Up to six feet into a required front yard;

2. Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line;

3. Rear yard setback: Up to six feet into a required rear yard.

[Figure]

e. Setback requirements for specific structures:

1. Dwelling groups. An inner court providing access to a dwelling group (constructed and located face-to-face) shall provide a minimum width of 15 feet between rows for single-story structures with an additional five feet of width for each additional floor above the first floor.

2. Planters. Planter boxes and masonry planters shall be allowed in all required setbacks not to exceed a height of 42 inches.

3. Swimming pools and spas. Swimming pools and spas are allowed in side and rear setbacks provided they are not closer than five feet to any property line.

4. Guard railings. Guard railings or fences for safety protection around depressed ramps may be located in required setbacks provided:

(a) That an open-work railing or fence is used; and

(b) That the height of the railing or fence complies with the requirements of the Uniform Building Code.

5. Drives, walkways, and decks. Driveways, walkways, patio slabs, and wooden decks shall be allowed in required setbacks provided they did not exceed one foot above finished grade. This provision shall not exclude the use of steps providing access between areas of different elevations on the same property.

(a) A deck shall not extend more than six feet over the top of slope, nor more than three feet above the slope at any point. A deck shall maintain a minimum side and rear setback of five feet from the property line or buildable pad's edge, whichever is applicable and a street side setback as required for the main structure setback.

6. Equipment. Ground-mounted equipment (e.g., air conditioners, swimming pool pumps, heaters, filters, and fans, etc.) shall be allowed in required side or rear setbacks, provided:

(a) The equipment is not located closer than 42 inches to a lot line; and

(b) The equipment does not exceed a height of six feet measured from the finished grade at the base of the unit.

7. Retaining walls.

(a) Walls up to 42 inches. Retaining walls up to 42 inches in height are exempt from setback requirements.

(b) Up to six feet. Retaining walls up to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel.

8. Fences and walls.

(a) On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The director may reduce the required ten-foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), §§ 2, 21, 11-6-01; Ord. No. 02(2003), 9-16-03; Ord. No. 03(2024), § 7, 7-16-24)

This section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code §§ 42900 through 42911).

(1) Multifamily projects. Multifamily residential projects with five or more dwelling units shall provide solid waste and recyclable material storage areas in the following manner: See Table 3-1.

a. Individual unit storage requirements. Each dwelling unit shall include an area with a minimum of six cubic feet for the storage of solid waste and recyclable material indoors. A minimum of three cubic feet shall be provided for the storage of solid waste and a minimum of three cubic feet shall be provided for the storage of recyclable material; and

b. Common storage requirements. The following are minimum requirements for common solid waste and recyclable material storage areas for multifamily developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. All required areas are measured in square feet.

TABLE 3-1 MULTIFAMILY DEVELOPMENT MINIMUM STORAGE AREAS REQUIRED (SQ. FT.)

(2) Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas. The following (Table 3-2) are minimum storage area requirements. These requirements apply to each individual structure. All required areas are measured in square feet.

TABLE 3-2 NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT.)

(3) Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

a. Solid waste and recyclable material storage shall be adjacent/combined with one another. They shall be located inside a specially designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access, or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking area, landscaped or open space area or area(s) required by the Municipal Code to be maintained as unencumbered. Existing developments shall comply with these standards to the greatest degree feasible at the time of any expansion or additions subject to approval of the director.

b. Storage area(s) shall be accessible to residents and employees. Storage areas within multifamily residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve.

c. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley.

(4) Design and construction. The design and construction of the storage area(s) shall:

a. Be compatible with the surrounding structures and land uses;

b. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

c. Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;

d. Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and

e. The storage area(s) shall be appropriately located and screened from view. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the director.

(Ord. No. 02(1998), § 2, 11-3-98)

All on-site electric and telephone facilities, fire alarm conduits, lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground at the time of development.

Projects located within approved underground utility districts shall be subject to the requirements of chapter 13.04 of the Municipal Code.

(Ord. No. 02(1998), § 2, 11-3-98)

The owner of a use that generates vibrations at levels that constitute a nuisance, in compliance with the Municipal Code (section 8.12.320(b)), shall abate the nuisance. If the nuisance is not abated in a timely manner, the city will abate the nuisance in compliance with section 15.00.2830 of the Municipal Code.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) For the purpose of this section, a "view" means a vista of significant features, including mountains, ridges, hillside terrain, canyons, geologic features, and community amenities (e.g., parks, landmarks, permanent open space). The term does not mean an unobstructed panorama of these features.

(b) The development of new projects shall respect the views of existing residential uses. New structures shall be located in a manner that preserves views by creating view corridors.

(c) New developments that are within the viewshed of existing residential uses shall be kept as low as possible to reduce or eliminate the possibility of blocking views.

(d) In reviewing projects with potential view blockage impacts, the council, commission, or director shall refer to the view protection guidelines in the city's "city-wide design guidelines" manual.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 8, 7-16-24)

Second kitchens shall be permitted within the rural residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of an accessory dwelling unit and such kitchen shall not be so located as to facilitate the establishment of the accessory dwelling unit including a servant's quarters.

(Ord. No. 04(2005), § B, 3-15-05; Ord. No. 03(2017), § 3, 5-2-17)