HomeMy WebLinkAboutORD 15 (1989)ORDINANCE NO. 1$_ (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
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 areas 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
an adopted General Plan, has taken place pursuant to the terms
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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, industrial,
commercial and office developments within those zones specified
in Chapters 22.28 and 22.32 of the Zoning Ordinance 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 effective long-range planning efforts 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,
pending the completion of such amendments, it is foreseeable that
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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
will ultimately upgrade the economic, social and cultural welfare
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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 industrial, commercial and/or office
developments within the City;
b. There are presently pending applications for
industrial, commercial and/or office developments, 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 commercial and/or office
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, commercial and/or
office developments within the C -H, C-1, C-2, C-3, C-R, CPD and
M-1 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;
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b. Industrial, commercial and/or office developments
within the C -H (Commercial Highway), C-1 (Restricted Business),
C-2 (Neighborhood Business), C-3 (Unlimited Commercial), C-R
(Commercial Recreation), CPD (Commercial Planned Development) and
M-1 (Light Manufacturing) Zones 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. For purposes of this Ordinance, "development" or
"developments" shall be deemed to mean new construction of an
industrial or commercial facility or office facility and
substantial reconstruction or alteration of an existing facility
and shall not apply to the establishment of industrial,
commercial or office uses in existing structures.
d. 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 4. 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
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adoption of this Ordinance unless the City Council has extended
this Ordinance in the manner as provided in said Section
65858(a).
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 k. The Deputy City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution No. 89-6.
� ADOPTED AND APPROVED this 20th 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 20th day of June, 1989, by
the following vote:
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AYES: COUNCIL MEMBERS: FORBING, WERNER, Mayor Pro
HORCHER and Mayor PAPEN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MILLER
ABSTAINED: COUNCIL MEMBERS: NONE
ATTEST: -
Tommye ice, De`ty City -�
Clerk of the (ity of
Diamond Bar - `-
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