HomeMy WebLinkAboutORD 8 (1991)ORDINANCE NO. 8 (1991)
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 65658(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 (1990), 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 Gene-ral Plan, Zone District Plan and Zoning
Ordinance as it pertain& 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
1
to the terms and provisions of California Government Code Section
65360. More specifically, the residential zoning districts of
the Zoning Ordinance allow for a wide range of land uses,
including commercial uses which are permitted. Further, it
appears that certain such commerical uses are inappropriate land
uses within such zoning districts. 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 control of, development
standards for, and appropriate permitted land uses within the
residential zoning districts pending the adoption of the ultimate
General Plan and development criteria for the City of Diamond
Bar.
(iv) There are presently occurring land uses 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 instances of such uses
within the residential zoning districts will occur which would
2
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 for residential purposes 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
3
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 residential
zoning districts within the City;
b. There are presently occurring commercial uses in
the residential zoning districts, the reoccurrence of which would
contradict the ultimate goals and objectives of the General Plan
and would not be subject to adequate local control under the
current provisions of the Zoning Ordinance; and
c. The continuation of commercial land uses within the
residential zoning districts 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 3. The interim Zoning Regulations pertaining to the
specified commercial uses within the residential zoning
districts, as set forth in Exhibit "A" hereto, which is
incorporated by reference herein as if set forth in its entirety,
are hereby adopted.
Sec o 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).
4
Section 5. This Ordinance is hereby declared to be an
urgency measure pursuant to the terms of California Government
Code Section 65858(a), 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 17th day of December , 1991.
I, LYNDA BURGESS, City Clerk of th c y 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 17th day of December
19911 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS: Werner, Forbing, Miller,
MPT/Papen, M/Kim
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
ATTEST:
Lyn Burgess,Cit Clerk
Clerk—
of the City of Diainohd Bar
9110111FLYMORD%DB 6.6 5
"Chapter 22.76
"Admission Charge Parties in Residential Zones.
1122.76.010. Purpose and Intent.
"It is the purpose and intent of the City Council by the
adoption of this Chapter to prohibit parties conducted in a
commercial manner within all residential zones in order to
preserve the rights of residents to the quiet enjoyment of their
property.
1122.76.020. Definitions.
"For purposes of this Chapter, the following words and
phrases shall have the meanings set forth herein:
"(a) `Admission charge' means a tangible benefit,
monetary or otherwise, which is expressly or impliedly required
as a condition of admittance to a party. Customary courtesies and
clearly noncommercial activity such as gifts by guests and
voluntary sharing of expenses for meals shall not be considered
to be an `admission charge.' `Admission charge' shall not
include donations for political, community service, charitable or
religious purposes.
"(b) `Party' means three or more persons meeting
together i'I)r social, recreational or amusement purposes.
EXHIBIT nAn
1
1122.76.030. Admission Charge Parties Prohibited.
"No person or group of persons shall require, impliedly or
expressly, any admission charge to any party conducted in any
residential zone.
1122.76.040. Penalties for Violation of Chapter.
"It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or fail to comply with any
of the requirements of this Chapter or of the terms or conditions
of any order, permit or approval made pursuant to this Chapter.
Any person, firm, partnership, or corporation violating any
provisions of this Chapter or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding one
thousand dollars ($1,000.00), or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each and
every person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any
portion thereof during which any violation of any of the
provisions of this Chapter is committed, continued or permitted
by such person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Chapter.
1122.76.050. Civil Remedies Available.
"The violation of any of the provisions of this Chapter
shall constitute a nuisance and may be abated by the City through
civil process by means of restraining order, preliminary or
2
permanent injunction or in any other manner provided by law for
the abatement of such nuisances.
"22.76.060. Severability.
"The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Chapter be rendered
or declared invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive
legislative, the remaining provisions, sections, paragraphs,
sentences and words of this Chapter shall remain in full force
and effect."
3