DIAMOND BAR CITY CODE

____________

Published by Order of the City Council

____________

Adopted: July 25, 1995

Effective: August 24, 1995

____________

>

CURRENT OFFICIALS

of the

CITY OF

DIAMOND BAR, CALIFORNIA

____________

Jimmy Lin

Mayor

____________

Ruth M. Low, Mayor Pro Tem

Carol Herrera

Nancy A. Lyons

Steve Tye

City Council

____________

James Destefano

City Manager

____________

Michael Jenkins

City Attorney

____________

Tommye Cribbins

City Clerk

OFFICIALS

of the

CITY OF

DIAMOND BAR, CALIFORNIA

AT THE TIME OF THIS CODIFICATION

____________

Phyllis E. Papen

Mayor

____________

Gary H. Werner, Mayor Pro Tem

Eileen R. Ansari

Clair W. Harmony

Gary G. Miller

City Council

____________

Terrence L. Belanger

City Manager

____________

Michael Jenkins

City Attorney

____________

Lynda M. Burgess

City Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Diamond Bar, California.

Source materials used in the preparation of the Code were the the Los Angeles County Code, as adopted by Ordinance No. 14 (1989), and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the city Code, as adopted by such city Ordinance No. 14 (1989), and any subsequent ordinance included herein.

The Code follows the arrangement specified by the city. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CODE	CD1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CODE INDEX	CDi:1

 

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of James S. Vaught, Supervising Editor, and Robert MacNaughton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Ms. Lynda Burgess, City Clerk, Ms. Tommye Nice, Deputy City Clerk, and Michael B. Montgomery, Interim City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ADOPTING ORDINANCE

ORDINANCE NO. 05(1995)

An Ordinance of the City of Diamond Bar Enacting and Adopting the Diamond Bar City Code, which Code Consists of Regulatory, Penal and Certain Administrative Regulations and Provisions of the City and Provides for Penalties for Violation and Adoption by Reference Pursuant to Section 50022.1, et seq., of the Government Code, the Uniform Administrative Code, 1991 Edition, the Uniform Housing Code, 1991 Edition, the Uniform Building Code, 1991 Edition, the Uniform Building Code Standards, 1991 Edition, the Uniform Mechanical Code, 1991 Edition, the Uniform Plumbing Code, 1991 Edition, the National Electrical Code, 1990 Edition, the Uniform Swimming Pool, Spa and Hot Tub Code, 1991 Edition, the Uniform Fire Code, 1988 Edition, and Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, as Each of Them are Amended and in Effect Save and Except Such Portions Thereof as are Deleted, Modified or Amended by the Provisions of the Diamond Bar City Code, Prescribing Penalties for the Violation of the Provisions Thereof and Repealing Certain Ordinances as Specified Therein.

The City Council of the City of Diamond Bar Does Ordain as Follows:

Section 1. Adoption of the Diamond Bar City Code. That certain document entitled "Diamond Bar City Code," a copy of which has been filed and is on file in the office of the City Clerk for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by reference as a comprehensive Code for the City of Diamond Bar pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth in this ordinance.

Section 2. Certain Ordinances to Remain in Effect. Those certain ordinances of the City of Diamond Bar which are listed on Exhibit A attached hereto and made a part hereof by reference shall not be repealed but shall remain in full force and effect. In addition to the foregoing, Ordinance Nos. 03(1994) and 01(1995) through 04(1995) shall remain in full force and effect pending their codification and incorporation into the Diamond Bar City Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved.

Section 3. Savings Provisions. The repealing provisions of the Diamond Bar City Code shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered.

Section 4. References to Specific Ordinances. The provisions of the Diamond Bar City Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number or otherwise and which are included within the Diamond Bar City Code, but such references shall apply to the corresponding provisions set forth in the Diamond Bar City Code.

Section 5. Violations of Code Provisions; Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Diamond Bar City Code or the provisions of any Code adopted by reference by said Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of the Diamond Bar City Code shall be guilty of a misdemeanor unless otherwise provided in the Diamond Bar City Code or Article 1, Chapter 1, Division 17, of the Vehicle Code of the State, in which case such violation shall be an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Diamond Bar City Code, or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted by such person and shall be punishable accordingly.

Any person convicted of a misdemeanor under the provisions of the Diamond Bar City Code or the provisions of any Code or Ordinance adopted by reference by such Code shall be punishable by a fine of not more than one thousand ($1,000.00) dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

Any person convicted of an infraction under the provisions of the Diamond Bar City Code or the provisions of any Code or Ordinance adopted by reference by such Code shall be punishable for a first conviction by a fine of not more than one hundred ($100.00) dollars, for a second conviction within a period of one year by a fine of not more than two hundred ($200.00) dollars, and for a third or any subsequent conviction within a period of one year by fine of not more than five hundred ($500.00) dollars.

In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the Diamond Bar City Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of said Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action.

Section 6. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to, or in violation of the Uniform Administrative Code and the Technical Code, the Uniform Building Codes, the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings.

Any person, firm or corporation violating any of the provisions of such Codes shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Codes is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than six months, or by both such fine and imprisonment.

Section 7. Violations.

A.

Every person violating any condition or provision either of Title 22 of the Los Angeles County Code, or of any permit, nonconforming use and structure review, zoning exception case, variance or amendment thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction as in Subsection D. Each violation is a separate offense for each and every day during any portion of which the violation is committed.

B.

Each violation determined to be an infraction by this title shall be punishable by a fine of $100.00 for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of $200.00 for the second violation and $500.00 for the third violation in a 12-month period as provided by applicable law. The fourth and any further violations of the same provision of this title which are committed at any time within a 12-month period from the date of the commission of the first violation shall be deemed misdemeanors, regardless of the dates of conviction of the first three violations. The three infraction violations which are the basis for the fourth and any further violations being misdemeanors may be brought and tried together. The increased penalties set forth in this section for subsequent violations shall be applicable whether said subsequent violations are brought and tried together with the underlying previous violations or separately therefrom.

C.

Public Nuisance. Any use of property contrary to the provisions of Title 22 of the Los Angeles County Code shall be, and the same is hereby declared to be unlawful and a public nuisance, and the authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of Title 22 of the Los Angeles County Code.

D.

Infractions. Violations of the provisions contained in the following list are deemed infractions:

• Automobile, truck or other motor vehicle repair conducted outside of an enclosed building.

• Commercial vehicles weighing more than 6,000 pounds unladen where parked or stored in violation of Section 22.16.020 of Title 22.

• Inoperative vehicle parking or storage.

• Keeping or parking of vehicles in violation of Section 22.20.025 or Section 22.24.035 of Title 22.

• Outside display and/or sales.

• Signs prohibited by Sections 22.52.850 and 22.52.990 of Title 22.

Section 8. Validity of Code. If any section, subsection, sentence, clause, or phrase of the Diamond Bar City Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the Diamond Bar City Code. The Council hereby declares that it would have adopted the Diamond Bar City Code and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional, and if for any reason the Diamond Bar City Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

Section 9. Effective Date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and approval.

Passed, Approved and Adopted this 25th day of July, 1995.

	/s/         Phyllis E. Papen, Mayor

ATTEST:

/s/         Lynda Burgess, City Clerk

I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 12th day of June, 1995, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 25th day of July, 1995, by the following vote:

AYES:	COUNCIL MEMBERS:	Ansari, Harmony, MPT/Werner and M/Papen
NOES:	COUNCIL MEMBERS:	None
ABSENT:	COUNCIL MEMBERS:	None
ABSTAINED:	COUNCIL MEMBERS:	None

 

ATTEST:

	/s/         Lynda Burgess, City Clerk

EXHIBIT A

Ordinance #	Title
12 6/20/89	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO INSTALL, MAINTAIN AND USE POLES, WIRES, CONDUITS, AND APPURTENANCES, INCLUDING COMMUNICATIONS CIRCUITS NECESSARY OR PROPER THEREFOR, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR
13 6/20/89	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES ALONG, ACROSS, UPON, UNDER AND IN THE PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN THE CITY OF DIAMOND BAR
26 10/17/89	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING A CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
32 1/2/90	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 22.20.120 OF CHAPTER 22.20 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO SIDE YARD SETBACK REQUIREMENTS
5 4/3/90	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS. 11(1989), 11A(1989), 15(1989) AND 15A(1989) AS HERETOFORE ADOPTED
6 6/19/90	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE R-1-6000 (SINGLE FAMILY RESIDENCE, 6,000 SQUARE FOOT MINIMUM PARCEL SIZE ZONE) TO THE C1-DP-BE (RESTRICTED COMMERCIAL-DEVELOPMENT-PROGRAM) ZONE. (ZONE CHANGE NO. 90-0028)
10 9/18/90	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE M1-/DP/BE (LIGHT MANUFACTURING, DEVELOPMENT PROGRAM, BILLBOARD EXCLUSION ZONE) TO THE C-1/DP/BE (RESTRICTED BUSINESS, DEVELOPMENT PROGRAM, BILLBOARD EXCLUSION) ZONE. (ZONE CHANGE NO. ZC 90-0036)
11 9/18/90	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 1 (1990) CONCERNING PROPERTY LOCATED AT THE NORTHEAST CORNER OF BREA CANYON ROAD AND THE ROUTE 60 (POMONA) FREEWAY, DIAMOND BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF DIAMOND BAR
16 11/2/90	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DIRECTING THAT GENERAL MUNICIPAL ELECTIONS OF THE CITY OF DIAMOND BAR BE HELD ON THE DAY OF SCHOOL DISTRICT ELECTIONS
3 7/2/91	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 22.60.100 OF TITLE 22 AND ADDING A NEW SECTION 82-7 TO TITLE 27 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED
4 8/20/91	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 91-2 (1991) CONCERNING PROPERTY GENERALLY LOCATED AT AND IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF DIAMOND BAR
5A 6/7/94	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66 OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR
5 8/20/91	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.66 TO DIVISION 1 OF TITLE 22 AND REPEALING BOTH ORDINANCE 9-1990, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR
1 28/92	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.76 TO THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO ADMISSION CHARGE PARTIES IN RESIDENTIAL ZONES
4(1992) 9/15/92	AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING LAND USE AND DEVELOPMENT ACTIVITIES INCLUDING FINDINGS IN SUPPORT THEREOF
6(1992) 11/3/94	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING SECTION 22.28.230 OF PART 6 OF CHAPTER 22.28 OF TITLE 22 AND ADOPTING AMENDED SECTION 22.28.230, AND MAKING FINDINGS IN SUPPORT THEREOF
7(1992) 1/15/93	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT (GRADING) ORDINANCE AND MAKING FINDINGS IN SUPPORT THEREOF
3(1993) 4/20/93	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE C-1 (RESTRICTED COMMERCIAL) ZONE TO THE R-3-(15)U (LIMITED MULTIPLE RESIDENCE, 15 UNITS MAXIMUM PER GROSS ACRE) ZONE. (ZONE CHANGE NO. 91-1)
2(1994) 5/9/94	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS