HomeMy WebLinkAboutORD 15 (1990)ORDINANCE NO. 15 (1990)
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(x) 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. Thereafter, the City Council adopted its
Ordinance No. 14, 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 both internally and 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
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to the terms and provisions of California Government Code Section
65360. More specifically, the C -M Commercial -Manufacturing
zoning district of the Zoning Ordinance allows for a wide range
of land uses, including non-commercial and non -manufacturing uses
which are permitted by right and as such do not require
discretionary review by the City. Further, it is not certain
that all such non -commerical and non -manufacturing permitted land
uses are appropriate land uses within such zoning district.
Lacking both an adopted General Plan, and consistent local
development standards for review of development, such an approval
scheme does not contribute to appropriate community development
and would frustrate any 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, development
standards for, and appropriate permitted land uses within the C -M
Commercial -Manufacturing zoning district pending the adoption of
the ultimate General Plan and development criteria for the City
of Diamond Bar.
(iv) There are presently pending applications and/or
proposed land uses, the approval or institution 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
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General Plan. Moreover, pending the completion of such
amendments, it is foreseeable that further development proposals
or land use proposals for property within the C -M
Commercial -Manufacturing zoning district will be sought or
submitted 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 zoned C -M Commerical -Manufacturing 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 _Z. 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
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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
current Zoning Ordinance of the City of Diamond Bar does not
provide sufficient standards for application to City staff,
Planning Commission or City Council review for the approval of,
or determination of appropriate land uses within the C -M
Commercial -Manufacturing zoning district zone within the City;
b. There are presently pending applications and/or
land use proposals for non-commercial or manufacturing uses in
the C -M Commercial -Manufacturing zoning district, 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 non-commercial or manufacturing
land uses within the C -M Commercial -Manufacturing zoning district
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 interim Zoning Regulations pertaining to the
permitted commercial or manufacturing land uses within the C -M
Commercial -Manufacturing zoning district, as set forth on Exhibit
"A" hereto, which are incorporated by reference herein as if set
forth in their entirety, are hereby adopted.
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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 !�. 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 6. 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 16th day of October , 1990.
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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 16th day of October If
1990, by the following vote:
AYES: COUNCIL MEMBERS: Papen, Kim, Horcher
Mayor Pro Tem Forbing
NOES: COUNCIL MEMBERS: None Mayor Werner
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST
ty Clerk= o t e
City of Dioan )iiK. Bar
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