Diamond Bar Municipal Code Div. 4 Mapped Highways, Bikeways, Hiking and Equestrian Trails

This division shall be known as, and may be cited as the "mapped highways, bikeways, and hiking and equestrian trails ordinance."

(Ord. No. 14(1989), § 2(16.72.010), 6-27-89)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Mapped bikeway means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a bikeway on the bikeway plan, a subelement of the transportation element of the city's general plan, and for which there is on file in the office of the city engineer a city surveyor's map of such size, scale and detail that the exact location on the ground which the bikeway is to occupy can be ascertained.

Mapped highway means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a major or secondary highway or parkway on the circulation element of the city's general plan and for which there is on file in the office of the city engineer a city surveyor's map of such size, scale and detail that the exact location on the ground which the highway or parkway is to occupy can be ascertained.

Mapped hiking and equestrian trail means an area, no portion of which has been dedicated to or acquired by the public, which is indicated as a hiking and equestrian trail on the city's general plan, a community area plan or other subelement of the city's general plan, or state recreational trails and hostel plan, and for which there is on file in the office of the city engineer a map of such size, scale and detail that the exact location on the ground which the hiking and equestrian trail is to occupy can be ascertained.

Owner means any person entitled to the use or possession of real property or any person applying for a building permit.

(Ord. No. 14(1989), § 2(16.72.020), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

No person shall hereafter erect, without a permit as provided in this division, any building or structure other than a temporary structure costing less than $500.00 within the area of any mapped highway, bikeway, or hiking and equestrian trail.

(Ord. No. 14(1989), § 2(16.72.030), 6-27-89)

Prior to issuing any building permit, the city engineer shall examine the circulation element of the city's general plan, the bikeway plan, or general plan, community area plan or other subelement of the general plan, or the state recreational trails and hostel plan, and determine if there is on file in the office of the city engineer a city surveyor's map indicating the exact location on the ground which the proposed highway, parkway, bikeway, or hiking and equestrian trail is to occupy. If he finds that the building or structure proposed to be erected will lie within the boundaries of any mapped highway, bikeway or hiking and equestrian trail, he shall grant a permit if the cost of the proposed building or structure is $500.00 or less. Otherwise, he shall refuse such permit, and notify the owner or applicant for the permit of the reason for such refusal. Upon the denial of an application for a permit, the city engineer shall give written notice of his action to the city council, and mail a copy thereof by certified mail to the owner or applicant at the address shown on the application. At the expiration of a period of six months after the date of mailing of any such notice, the permit shall be issued upon request of the owner or applicant, if the city council or state has not acquired the property or has not instituted legal proceedings to acquire the property.

(Ord. No. 14(1989), § 2(16.72.040), 6-27-89)

Any person aggrieved by the refusal of a building permit under this division may request a hearing on the matter before the zoning board established by the zoning ordinance, referred to as the board of appeals. Before taking any action authorized by this division, the board of appeals shall hold a hearing at which the applicant and any other interested parties shall have an opportunity to be heard. At least ten days prior to date fixed for the hearing, the board of appeals shall cause notice of the time and place thereof to be mailed by certified mail to the owner or applicant. Written notice of the time and place of the hearing shall also be given to the city engineer.

(Ord. No. 14(1989), § 2(16.72.050), 6-27-89)

The board of appeals shall authorize the granting of the permit if it finds any of the following are true:

(1) That the property on which the mapped highway, bikeway or hiking and equestrian trail location is a part, is of such nature that the owner of the land will be substantially damaged by refusal to grant the permit; and

(2) That balancing the interest of the public in preserving the integrity of mapped highways, bikeways, or hiking and equestrian trails against the interest of the owner of the land in using his property, that granting of the permit is required by considerations of justice and equity.

(Ord. No. 14(1989), § 2(16.72.060), 6-27-89)

The board of appeals shall not authorize the granting of the permit if it finds either of the following is true:

(1) That the owner of the land will not be substantially damaged by locating the proposed structure on his land other than within the bed of the mapped highway, bikeway, or hiking and equestrian trail; and

(2) That balancing the interest of the public and preserving the integrity of mapped highways, bikeways, or hiking and equestrian trails against the interest of the owner of the land in using his property, the resulting disadvantages to the city would be unreasonable and disproportionate to the advantages of the owner from using the property.

(Ord. No. 14(1989), § 2(16.72.070), 6-27-89)

Any owner or applicant dissatisfied with the decision of the board of appeals may appeal to the city council by filing with the clerk of the city council a notice of appeal. The city council may request a summary of the proceedings and evidence before the board of appeals and make such decision as in its opinion is justified thereby, or may set the matter for hearing before itself. If the city council sets the matter for hearing before itself, it shall, at least ten days prior to the date fixed for the hearing, cause notice of the time and place thereof to be mailed by certified mail to the applicant at the address shown upon his notice of appeal.

(Ord. No. 14(1989), § 2(16.72.080), 6-27-89)

Upon the denial of an application for permit by the board of appeals or the city council, written notice of the denial shall be sent by certified mail to the applicant or owner at the address shown on his application.

(Ord. No. 14(1989), § 2(16.72.090), 6-27-89)

This division does not permit the construction, erection, placing or maintenance of any building or structure at any place where such construction, erection, placing, or maintenance is prohibited by the city's zoning ordinance, or by any other ordinance or law.

(Ord. No. 14(1989), § 2(16.72.100), 6-27-89)