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Home My WebLink AboutORD 11 (1989)ORDINANCE NO. 11-(1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, the City Council adopted its Ordinance No. 1, thereby adopting by reference the Los Angeles County Code as the ordinances of the City of Diamond Bar, including Title 22 thereof setting forth the applicable planning r-. and zoning regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as the "Zoning Ordinance.") (ii) With the recent incorporation of the City of Diamond Bar, the City Council has examined the existing Los Angeles County General Plan, Zone District Plan and Zoning Ordinance as it pertains to existing and potential development in the City of Diamond Bar. Such examination has revealed that there are pockets of territory within the City which do not provide a stable transition of densities and/or uses and are, as such, incompatible with adjacent zones and uses. The City Council has not adopted the existing Los Angeles County General Plan (as the same would apply to the City of Diamond Bar) and action on development applications, as to required consistency to 1 an adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. Additionally, such examination has revealed that the development review scheme encompassed within the Zoning Ordinance does not anticipate any review by City staff or the City Council prior to approval of certain projects. More specifically, multi -family residential developments within the R-3 (Limited Multiple Residence) Zone and R-4 (Unlimited Residence) Zone could receive full development approval without any such local review. Lacking both an adopted General Plan, and a consistent local review of development, such a development approval scheme does not contribute to appropriate community development and would frustrate any effective long-range planning within the City of Diamond Bar. (iii) In recognition of the need for effective long- range planning criteria, the City Council has directed staff of the City to study and formulate amendments to the Zoning Ordinance to assure adequate local review of proposed development pending the adoption of the ultimate General Plan and development criteria for the City of Diamond Bar. (iv) There are presently pending applications for development, the approval of which would not conform to the contemplated General Plan or development approval scheme and would contradict the specific purposes for such Zoning Ordinance amendments and the adoption of a unified General Plan. Moreover, OA pending the completion of such amendments, it is foreseeable that further development proposals will be submitted for property within the City which would contradict the ultimate goals of the proposed Zoning Code amendments and General Plan. (v) This Council is concerned about the creation of an orderly and balanced development within the City of Diamond Bar. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of those properties within the City, this Council finds it is necessary to establish interim zoning policies to allow City staff the time necessary to investigate and formulate the above -referenced Zoning Ordinance amendments. (vi) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ordinance. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2,. The City Council further finds as follows: a. The City of Diamond Bar is presently developing a General Plan for development in the City of Diamond Bar. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Diamond Bar and 3 will ultimately upgrade the economic, social and cultural welfare of persons and properties within the City of Diamond Bar. The current Zoning ordinance of the City of Diamond Bar does not provide sufficient opportunities for City staff or City Council review for the approval of multi -family residential developments within the City; b. There are presently pending applications for multi- family residential projects, the approval of which would contradict the ultimate goals and objectives of the General Plan and would not be subject to adequate local review under the current provisions of the Zoning Ordinance; and C. The approval of any multi -family residential developments under the current provisions of the Zoning ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar. Section 3. The following interim Zoning Regulations are hereby adopted: a. Pending completion and adoption of the above - referenced amendments to the Zoning Ordinance, all multi -family residential family developments within the R-3 and R-4 Zones shall be reviewed and processed in accordance with the following interim policies. Any project or application for such project which is inconsistent with the Interim Policies adopted herein is hereby prohibited; 4 b. Multi -family residential developments, including apartments and town homes, within the R-3 (Limited Multiple Residence) Zone or R-4 (Unlimited Residence) Zone shall be approved, and building permits issued therefor, provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56 of the Zoning Ordinance. The review and approval of such projects pursuant to the terms of said Chapter 22.56 shall be deemed to be by noticed public hearing before the City Council of the City of Diamond Bar. c. Other than as expressly provided in this Ordinance, all other applications for development or entitlement for use shall be processed and acted upon pursuant to the normal and customary provisions for the City of Diamond Bar. Section A. This Ordinance is enacted under the authority of California Government Code Section 65858(a) and shall be of no further force and effect forty-five (45) days from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858(x). Section 5. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858(a) and 36937(b), and this Ordinance shall take effect immediately upon its adoption. Section A. The Deputy City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted 9 in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 6th day of June, 1989. I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced and passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of June, 1989, by the following vote: AYES: COUNCIL MEMBERS: FORGING, MILLER, WERNER, and Mayor Pro Tem HORCHER NOES: COUNCIL MEMBERS: Mayor PRPEN NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAINED: COUNCIL MEMBERS: NONE _ ATTESTS - Tommy Nice, -.Depute Clerk of the=,City of - Diamond Bar S%1011�INTZONOR\DB 1.3B 6