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HomeMy WebLinkAboutORD 09B (1990)ORDINANCE NO. 9-B (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 9-A (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65856 AND MAILING 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 June 19, 1990, pursuant to the provisions of California Government Code Section 65858 (a), this City Council adopted its Ordinance No. 9 (1990) adopting interim zoning regulations pertaining to freestanding signs in excess of six (6) feet in height and/or in excess of thirty-five (35) square feet within all zones. (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. 9 (1990) at least ten (10) days prior to the expiration of Ordinance No. 9 (1990). (iv) A duly noticed public hearing as required by California Government Code Section 65858(a) was conducted and concluded prior to the adoption of Ordinance 9 (1990). (v) On July 17, 1990, pursuant to the provisions of California Government Code Section 65858 (a), this City Council adopted its Ordinance No. 9-A (1990) extending interim zoning regulations pertaining to freestanding signs in excess of six (6) feet in height and/or in excess of thirty-five (35) square feet within all zones. (vi) 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. 9-A (1991) at least ten (10) days prior to the expiration of Ordinance No. 9-A (1991) (vii) A duly noticed public hearing as required by California Government Code Section 65858(a) was conducted and concluded prior to the adoption of this Ordinance. (viii) 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 2 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. 9-A (1990). Section 4. The City Council hereby specifically finds that there are presently pending applications for freestanding signs in excess of six (6) feet in height and/or in excess of thirty-five (35) square feet, 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. 9-A (1990) is extended and, further, that the approval of any such 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 5 Ordinance No. 9 (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 19th day of June, 1992 unless repealed by the City Council upon its adoption of the 3 proposed amendments to the Zoning Ordinance pertaining to signs. 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 posed in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 18th day of June, 1991 Mayor I, ell- 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 18th day of June, 1991, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June, 1991, by the following vote: AYES: COUNCIL MEMBERS: Nardella, Papen, Werner, Mayor Pro Tem Kim and NOES: COUNCIL MEMBERS: None Mayor Forbing ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: C Cl, City d% illamohd Bar 4