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HomeMy WebLinkAboutORD 2 (1992)ORDINANCE NO. 2 (1992) 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 (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 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 adequate temporary banner and inflatable sign provisions. 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. More specifically, the Zoning Ordinance allows for a wide range of permitted and prohibited signage. Further, it appears that certain prohibited temporary signs may be appropriate for certain commercial uses within such zoning districts. (iii) In recognition of the need for effective economic development strategy and 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, temporary banner and inflatable signage, and development within commercial zoning districts pending the adoption of the General Plan and development criteria for the City of Diamond Bar. (iv) This Council is concerned about the creation of 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 economic and development stability of r-. those properties zoned for commercial 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 temporary sign Ordinance amendments. (v) 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 may not provide sufficient standards for application to City staff, Planning Commission or City Council review for the approval of, or determination of appropriate temporary banner and inflatable signage within, the commercial zoning districts within the City. b. The continuation of prohibited temporary signage provisions commercial 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 1. The interim Zoning Regulations pertaining to specified commercial signage within the commercial 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. t't 4. This Ordinance is enacted under the authority ot,CaL-ifornill.13overnment Code Section 65858(a) and shall be of no fU ther_ for a `and effect forty-five (45) days from the date of adtptiorr :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 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 2„q day of DlnP , 1992. May 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 2nd day of June , 1992, by the following vote: AYES: COUNCIL MEMBERS: Miller, Werner, Forbing, MPT/Papen and M/Kim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: Lyn)Th Bur 0,i, t"it. Clerk of the Ci' �r ?TLaakond B'rli June 2, 1992 EXHIBIT "A" SECTION 108. BASIC SIGN PROGRAM B. Temporary 9. Banners and Inflatable Signs a. Windblown devices including but not limited to pennants, streamers, and banners, may be placed upon property commercially zoned and utilized as such, erected for the purpose of advertising a special event or special sale, may be permitted subject to the review and approval of the Community Development Direc- tor. b. Tethered balloons and/or inflatable devices erected for the purpose of advertising a spe- cial event or special sale, may be placed upon freeway oriented commercial property subject to the approval of the Community De- velopment Director. C. All temporary signs within this section are subject to review and approval by the Commu- nity Development Director as to the sign lo- cation, design, color, size, height, and oth- er considerations. d. The maximum sign area for banners in one (1) square foot of signage per lineal foot of property frontage. e. Tethered balloons and/or inflatable devices may not exceed a height of sixty (60) feet from grade. f. A maximum of four (4) permits may be approved for any single business location within a calendar year with the cumulative total of display days not to exceed sixty (60) days. g. No sign permitted in this Section shall re- strict, pedestrian or vehicular traffic, im- pair motorist visibility, create a hazard, or impair the visibility of signs on or off the premises. page 1 of 2 h. Application shall be made on forms provided by the City. A fee of $25.0.0 shall be sub- mitted with the application form to cover the cost of processing the sign permit. page 2 Of 2