HomeMy WebLinkAboutORD 9 (1990)ORDINANCE NO. 9 (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(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. 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 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
and provisions of California Government Code Section 65360.
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More specifically, freestanding signs within the City are
presently governed by the Zoning Ordinance and,are to be reviewed
pursuant to a conditional use permit procedure. 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 and development
standards for 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 development proposals for freestanding signs will be
submitted for property within the City which would contradict the
ultimate goals of the proposed Zoning Code amendments and General
Plan.
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(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 -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
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,
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Planning Commission 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.
T Section 3. 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, and no freestanding sign with a sign
area in excess of thirty-five (35) square feet, shall be
permitted. Any application for such freestanding sign which is
inconsistent with the Interim Policies adopted herein is hereby
prohibited;
b. 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.
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c. 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.of 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 this Ordinance shall
take effect immediately upon its adoption.
Section A. 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 19th day of
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June , 1990.
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 19th day of ,June
1990,, by the following vote:
AYES: COUNCIL MEMBERS: Papen, Kim, Horcher,
Mayor Pro Tem Forbing and
NOES: COUNCIL MEMBERS: None Mayor Werner
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
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ATTEST
Ac Com.. of=h
City o— -.iamo Bay,
M011\ORDINTUM 6.6 6