Loading...
HomeMy WebLinkAboutORD 10 (1990)ORDINANCE NO. 10 (1990) 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 M-1/DP/BE (LIGHT MANUFACTURING, DEVELOPMENT PROGRAM, BILLBOARD EXCLUSION ZONE) TO THE C-1/DP/BE (RESTRICTED BUSINESS, DEVELOPMENT PROGRAM, BILLBOARD EXCLUSION) ZONE. (SONE CHANGE NO. ZC 90-0036). A. Recitals. (i) CAHAN/CRISELL PROPERTIES, on behalf of LOUIS J. MARCELLIN and LINDA L. MARCELLIN, Trustees, ("the applicant" hereinafter) have heretofore filed an application to amend the official zoning map of the City of Diamond Bar reclassifying certain real property, described as Lot 79 of Tract No. 33069 generally located at the northeast corner of Brea Canyon Road and Route 60 (Pomona) Freeway in the City of Diamond Bar. ("Said real property" hereinafter in this Ordinance.) (ii) Attached hereto, marked Exhibit "A" and by this reference incorporated herein, is a proposed official zoning map amending the official zoning map of the City of Diamond Bar by reclassifying said real property from Light Manufacturing, Development Program Zone to the Restricted Business, Development Program, Billboard Exclusion (M-1/DP/BE) Zone, as proposed by the applicant. (iii) 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, pursuant to the requirements 1 of California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 1 thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code (as subsequently amended by ordinances of the City of Diamond Bar) contains the Development Code of the County of Los Angeles, now currently applicable to development applications (including the subject application) within the City of Diamond Bar. (iv) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the application as to required consistency with the General Plan pursuant to the terms and provisions of California Government Code Section 65360. (v) On August 13, 1990, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, as required by law, on the subject application and recommended approval thereof to this City Council. (vi) On September 4, 1990, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with respect to the subject application and concluded said hearing on that date. (vii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: F" Section 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. ct o Pursuant to the provisions of California Government Code Section 65360, this City Council finds and determines that: (a) There is a reasonable probability that the reclassification of said real property to the land use requested in the application will be consistent with the General Plan proposal which is to be studied and adopted by the City Council, within a reasonable time; (b) There is a substantial probability that the reclassification of said real property, as proposed by the application, will not be a substantial detriment to, nor interfere with, the future adopted General Plan for the area of the subject real property; (c) The site of the proposed reclassification, as set forth in the application, is suitable for any of the land uses permitted within the proposed zone district; and (d) The proposed reclassification as set forth in the application is reasonable and beneficial at this time, and, further, said reclassification will not have a substantial adverse effect on surrounding properties. Section 1. The City Council hereby finds that Negative Declaration No. 90-02 has been prepared with respect to the project identified in this Resolution and, further, that said Negative Declaration has been prepared in compliance with the 3 California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder. Further, this Council has reviewed and considered the information contained in said negative declaration. Section 4. The City Council hereby specifically finds and determines that, based upon the findings set forth hereinbelow, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant environmental effects will occur. Section A. The City Council finds that the facts supporting the above specified findings are set forth in the negative declaration, the staff reports and exhibits appended thereto, and the information provided to this City Council during the public hearing conducted with respect to the project and the Negative Declaration. Section 6. The Official Zoning Map of the City of Diamond Bar hereby is amended to reclassify that certain real property, hereinabove described, from the M-1/DP/BE (Light Manufacturing, Development Program, Billboard Exclusion) Zone to the C-1/DP/BE (Restricted Business, Development Program, Billboard Exclusion) Zone,'all as set forth in the Official Zoning Map attached hereto as Exhibit "A" and by this reference incorporated herein. Section 7_. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. 4 ADOPTED AND APPROVED this 18th day of September, 1990. 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 4th day of September, 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of September, 1990, by the following vote: AYES: COUNCIL MEMBERS: Papen, Kim, and Horcher NOES: COUNCIL MEMBERS: Mayor Werner ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Forbing ABSTAINED: COUNCIL MEMBERS: None ATTEST C Y' Cl Yk of th City BJ=Diamj�ii Ba L\1011%ZC900036\D3 6.13 5