HomeMy WebLinkAboutORD 15A(1990)ORDINANCE NO. 15-A (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR EXTENDING THE TERM OF AN INTERIM
ZONING ORDINANCE, ORDINANCE NO. 15 (1990)
PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858 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 and, on that date, the City Council adopted, by
reference, the Los Angeles County Code as the ordinances of the
City, including Title 22 thereof pertaining to Planning and Zoning
Regulations for the City of Diamond Bar. (Hereinafter said Title 22
shall be referred to as "the Zoning Ordinance.")
(ii) On October 16, 1990, pursuant to the
provisions of
California Government Code Section 65858(a), this City Council
adopted its Ordinance No. 15 (1990) adopting interim zoning
regulations pertaining to land use proposals for non-commercial or
manufacturing uses in the C -M, Commercial Manufacturing Zoning
District within the City.
(iii) Pursuant to the provisions of California Government
Code Section 65858(d) this City Council issued its written report
describing the measures taken to alleviate the conditions which led
to the adoption of Ordinance No. 15 (1990) at least ten (10) days
prior to the expiration of Ordinance No. 15 ( 1990) .
(iv) A duly noticed public hearing as required by
California Government Code Section 65858(a) was conducted and
f
concluded prior to the adoption of this Ordinance.
(v) All legal prerequisites 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 hereby finds and determines
that the adoption of this Ordinance is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Section 15305 of Division 6 of Title 14 of the
California Code of Regulations.
Section 3. The City Council finds and determines that the
development of proposed amendments to the Zoning Ordinance are
continuing; however, such development of amendments to the Zoning
Ordinance cannot be completed prior to the expiration of Ordinance
No. 15 (1990).
Section 4. The City Council hereby specifically finds
that there are land uses permitted within the C -M, Commercial
Manufacturing Zone, 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 provisions of the Zoning
Ordinance unless Ordinance No. 15 (1990) is extended and, further,
that the approval of any such land uses under the current
provisions of the Zoning Ordinance would result in an immediate
threat to the public health, safety or welfare of persons and
I
property within the City of Diamond Bar.
Section 5. Ordinance No. 15 (1990) of the City of Diamond
Bar, as heretofore enacted under, the authority of California
Government Code section 65858(a), hereby is extended and shall be
of no further force and effect as of the 16th day of October, 1991,
unless the City Council has extended said Ordinance in the manner
provided in said Section 65858(a).
Section 6. This Ordinance hereby is 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 adoption.
Section 7. 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.
1990.
ADOPTED AND APPROVED this 13th day of November ,
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 13th day of November , 1990, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held
on the
13th day of November, 1990, by the following vote:
AYES: COUNCIL MEMBERS: Horcher, Kim, Papen, Mayor Pro Tem
Forbing and Mayor Werner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
C' y Clerk:ot thi
City of Di-Am,01�. Bar
ATTACHMENT "A"
C -NI CONENTERCIaL tiIANUFACTURING ZONE
Sections:
22-28.230 Permitted uses.
22-28.240 accessory uses.
22.-'8. 50 Uses subject to director's rcvie%v and approval.
22 23.260 Uses subject to permits.
22.23.270 Development standards.
22.28.230 Permitted uses. Premises in Zone C -NI may be used for:
A. The following commercial uses:
1. Sales.
antique shops.
Appliance stores. household.
Art galleries.
.art supply stores.
— auction houses. excluding animal auctions.
— .automobile sales. sale of nc%.• and used motor vehicics.
— .automobile suppl} stores. provided all repair actiVities are con-
ducted within an enclosed buildine.
— Bakery shops.
— Bicycle shops.
— Boat and other marine sales.
— Bookstores.
— Ceramics Ishops.
— Clothing stores.
— Confcctiopf ry or candy stores.
Delicatessens.
Department stores.
Disability rehabilitation and training centers. except that assembly
and manufacturing are permitted oniv as provided in subsection B
of this section.
— Dress shops.
Drugstores.
Feed and grain sales.
Florist shops.
Fruit and vegetable markets.
Furniture stores.
— Furrier shops.
— Gift shops.
GIass and mirror sales. including automobile glass installation
only when conducted within an enclosed building.
Grocery stores.
Hardware stores. including the sale of lumber and other building
supplies. but excluding milling or woodworking other than inci-
dental cutting of lumber to size. provided that all sale. display.
storage and incidental cutting is within an enclosed building..
Health food stores:
Hobby supply�stores.
Ice cream shops.
Ice sales. excluding ice plants.
Jewelry stores.
Lapidary shops.
Leather goods stores.
Liquor stores.
Mail order houses.
Meat markets. excluding sraughtcrin_s.
Millinery shops.
`Iobilehome sales.
Model home display centers and sales offilces. provided that SUCK
models shall not be used for residential purposes unless a condi-
tional use permit is first obtained pursuant to the provisions of
Part I of Chapter 22.56.
Motorcycle. motorscooter and trail bile sales.
iMusic stores.
Newsstands.
Lotions or novelty stores.
Nurseries. including the growing of nursery stock.
Office machines and equipment sales.
Paint and yallpaper stores.
Pawnshops.
Pet stores. within an enclosed buildins only.
Pet supply stores.
Photographic equipment and supply stores.
Radio and television stores.
Recreational yehirle sales.
Retail stores.
Sc4ondhand stores.
Shoe stores.
Silver shops.
Sporting goods stores.
Scamp redemption centers.
Stationery stores.
Tobacco shops.
Toy stores.
Trailer sales. box and utility.
Warn and yardage stores.
Services.
Banks. savings and loans. credit unions and finance companies.
La66ratortes. research and testing. - -
22.23.240 Accessory uses. Premises in Zone C -fit rnay be used for:
A. The foliowinz accessory uses. subject to the same limitations and condi-
-- . tions provided in
Section ??.?3.0-:0 (Zone C -H):
Accessory buildings and structures.
— Building materials. storage of.
B. The Following additional accessory uses. subject to the same limitations
and conditions provided in Section 22.28.40 (Zone C-3):
— automobile bode and tender repair. painting and upholster i -when
incidental to the sale of new automobiles.
— Bets. minor repair of.
— Manufacturing. processing. treating and packaging incidental to and
operated in conjunction with the business conducted on the oremiscs.
except as Otherwise provided as a principal use in Section 23.33.'_30.
C. The follo%vine additional accessory uses:
— Sims. as provided in Part 10 of Chapter 2-1.521.
(Ord. 1-!9? Ch. 2 .art. 3 § 259.3, 1937.)
22.28.2-:50 Uses subject to director's review and approN-al. if sitz pl_,ns there-
for arc first submitted to and approved by the director. premises in Zon; C-_\,[ may
be used for:
A. The follo%ving uses. subject to the same limitations and conditions
provided in Section 22.18.050 (Zone C -H):
22.23.260 - lises subject to permits. Premises in Zone C-LNJ maybe used for:
_1_.A.: -----The Following uses provided a conditional use permit has first'
rst been
obtained as provided in Part I of Chapter 22.56, and while such permit is in full
fore and effect in conformity with the conditions of such permit for:
— Hotels.
Motels. .
Offices. business or professional.
— ' Restaurants and other eating establishments. including Food take-
out.
22.28.260
— - Temporary uses, as provided in Part 14 of Chapter 22.36.
(Ord. 33-0193 § 3 (part), I983: Ord. 85-0004§ 43, 1933: Ord. 34-0236 § 7.1934: Ord.
34-0161 § 10. 1984: Ord. 33-0007 § 2 (part). 1933: Ord. 32-0034 § 4 (part), 1932: Ord.
32-0003 § 1I (part), 1982: Ord. 31-0003 7 2 ;
� (part), 1931: Ord. 1494 Ch. _ art. 3 §
239.7, 1927.)
23.23.270 Development standards. Premises in Zone C-yI shall be subject
to the following development standards.
A. That not to exceed 90 percent of the net area be occupied by buildings.
with a minimum of 10 percent of the net area landscaped with a lawn. shrubberv,
flowers and/or trees. which shall be continuously maintained in good condition.
Incidental walkways, if needed. may be developed in the landscaped area.
B. That there be parking facilities provided as required by Part 11 of
Chapter 22.32.
C. Outside Display. All display in Zone C -.'%I shall be located wholly within
an enclosed building. except for the following:
— .amusement rides and devices.
— .automobile sales. limited to automobile and trucks under r.,.o tons heli
for sale or rental only.
— .-automobile service stations. limited to automobile accessories and
facilities necessary to dispensing petroleum products only.
— Boat sales. limited to boats held for sale or rcntal only,
— Carnivals. commercial.
— Christmas trees and wreaths, the sale of.
— Crops — Field. tree. bush, berry and ropy. including nurscr� stock.
— Electric distribution substations.
— Gas metering and control stations. pubiic utility.
— Mobilehorne sales, limited to rnobilehomes held for sale onl\-.
— Parkins lots.
— Recreational vehicle sales, limited to recreational vehicles field for sale
or rental only.
— Restaurants and other eating establiShMents. including food take-ouu
subject to the standards specified by subsaction G of Section 2121.28.0'0.
— Signs. outdoor �dvertisine.
1Failer sales. box and utility, limited to trailers held for sale only.
D. Vutside Storage. Outside storage is permitted on the rear of a lot or
parcel of land in Zone C -NI when such storage is strictly incidental to the permitted
use existing in a building on the front portion of the same lot or parcel of land. and
provided no storage is higher than the enclosure surrounding it nor nearer than 30
feet to the front property line. Any outdoor area used for storage shall be completely
enclosed by a solid masonry wall and solid gate, not less than five fe-It nor more than
six feet in height_ except that the director may approve the substitution ofa fence or
decorative wall where. in his opinion, such «•all or fence will adequately comply
i with the provisions ofthis section. All such requests forsubstitution shall be subject
to the provisions of Part 12 of Chapter ??.36. on director's review. (Ord. 84-0161
11, 1934: Ord. 83-0161 e 13. 1933: Ord. 1494 Ch. ?
.art. 3 § 239.9. 1927.)
22-141