HomeMy WebLinkAboutORD 23 (1989)ORDINANCE NO. 23 (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. The City Council heretofore adopted 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 freestanding
signs within the City by the Zoning Ordinance could receive full
approval without any such local review. Lacking both an adopted
General Plan, and a consistent local review of development, such
an 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
freestanding signs pending the adoption of the ultimate General
Plan and development criteria for the City of Diamond Bar.
(iv) There are presently pending applications for
freestanding signs, 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
further proposals for freestanding signs will be submitted for
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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 .1. 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
of persons and properties within the City of Diamond Bar. The
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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 freestanding signs in all.zones within
the City;
b. There are presently pending applications for
freestanding signs, 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 freestanding signs 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 _J. The following interim Zoning Regulations are
hereby adopted:
a. Pending completion and adoption of the above -
referenced amendments to the Zoning Ordinance, no freestanding
sign, in excess of six (6) feet in height above the immediately
adjacent grade, shall be permitted unless reviewed and processed
in accordance with the following interim policies. Any
application for such freestanding sign which is inconsistent with
the Interim Policies adopted herein is hereby prohibited;
b. Application for freestanding signs within the City
of Diamond Bar, in excess of six (6) feet in height measured from
the immediately adjacent grade, may be approved, and building
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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 pursuant to
noticed public hearing before the City Council of the City of
Diamond Bar.
c. For purposes of this Ordinance, "freestanding sign"
shall be deemed to mean new construction or erection of any such
sign and shall not apply to the replacement, maintenance of
change of copy for existing freestanding signs.
d. Other than as expressly provided in this Ordinance,
all other applications for signs 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
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 shall take effect
immediately upon its adoption.
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Section ¢. The 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 5th day of September, 1989.
I, LYNDA BURGESS, 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 5th day of September, 1989,
by the following vote:
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor Pro
Tem Horcher, Mayor Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
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