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AGENDA
ITEM NO. 2
DATE: October 24, 2023
 

PLANNING DEPARTMENT STAFF REPORT

SUBJECT

GENERAL PLAN AMENDMENT NO. 23-02
ZONE CHANGE NO. 23-02
CODE AMENDMENT (DEVELOPMENT CODE UPDATE) NO. 23-01
INITIAL STUDY - NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
LOCATION:
Citywide
REQUEST: The proposed comprehensive Development Code Update of the City’s Municipal Code, including the combination of the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These chapters of the Municipal Code regulate how construction projects are processed and the requirements with which they must comply. These projects can range from small additions to single-family homes to new shopping centers. The goal of this effort is to create a new, streamlined Development Code that establishes clear and concise regulations for property owners, architects, and developers. Some sections of the existing Code have not been updated since the last comprehensive update in 1980. The new Code will eliminate outdated rules and regulations; provide regulations for new uses; and update the Code for consistency with the City’s Housing Element and recent State legislation. It is intended that this Code will simplify the zoning process in the City. In addition, the Development Code Update includes language that prohibits drive-throughs within the Downtown Plan & Code area. This item was continued from the October 10, 2023 Planning Commission meeting. 

BACKGROUND

The Development Code Update was initially reviewed by the Planning Commission on October 10, 2023. The Planning Commission continued the item to October 24, 2023, directing staff to advertise the meeting on social media and to make the following revisions:
  • Incorporate State laws that were recently adopted and signed by the Governor.
  • Article 3, Division 3 (Fences, Walls, and Hedges) - Increase the maximum height side and/or rear property line fences/walls from 6 feet to 7 feet, and ensure that the maximum height is not measured from lower grade (if there are any grade differences). 
  • Article 4, Division 1, Section 26-118 (Emergency Shelters) - Remove time restrictions due to concerns with potential loitering.
  • Article 4, Division 1, Section 26-120 (Home Occupations) - Update communication tools to include computers and the internet (previous version limited the tools to a telephone).
  • Article 4, Division 1, Section 26-121 (Massage Parlors and Health and Beauty Spas) - Allow for doors in massage parlors and health and beauty spas.
  • Article 4, Division 1, Section 26-123 (Mobile Services) - Include standards or guidelines that would define what negative impacts are and types of services that would constitute a negative impact.
  • Article 4, Division 1, Section 26-125 (Outdoor Dining) - Remove the 25-percent limitation.
  • Article 6, Division 10, Section 26-260 (Permit Required) - Increase the 10-percent tree canopy trimming thresholds for permits.
  • Article 6, Division 10, Section 26-261 (Exceptions to Permit Requirements) - Include private trees in the permit exceptions for emergency tree trimming. 
The Planning Commission also asked staff to investigate wireless telecommunication standards for the Cities of Diamond Bar and Walnut to determine if the City is able to increase the minimum distance from any proposed wireless facility from residential areas, parks, and schools to 1,000 feet. 


 

LEGAL REVIEW:

Staff is requesting that the Planning Commission continue this item to a Special Planning Commission Meeting scheduled for either Wednesday, November 1, 2023, or Thursday, November 2, 2023, in order to provide staff more time to prepare the documents. 
Submitted by:
Jo-Anne Burns, Planning Manager