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HomeMy WebLinkAboutORD 4 (1992)ORDINANCE NO. 4 (1992) AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING LAND USE AND DEVELOPMENT ACTIVITIES INCLUDING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The City of Diamond Bar, a newly incorporated City, has adopted, pursuant to the laws of the State of California, a General Plan. The General Plan was duly adopted subsequent to extensive and thorough review and comment by the citizens of Diamond Bar, the General Plan Advisory Committee, the Traffic and Transportation Commission of the City of Diamond Bar, the Parks and Recreation Commission of the City of Diamond Bar, the Planning Commission of the City of Diamond Bar and the Council of the City of Diamond Bar. The General Plan of the City of Diamond Bar is a long range plan intended to guide land uses and development both within the jurisdiction of Diamond Bar and on unincorporated lands considered to be within the sphere of influence of the City of Diamond Bar. (ii) The Council, after due consideration and deliberation, exercised its authority as the legislative body by adopting the General Plan to implement the expectations, desires and best interests of the present and future citizens of the City of Diamond Bar. The Council's belief was and is based on the recommendations and testimony presented by citizens, business owners, staff, professional consultants and the Council's i judicious consideration of the same. 1 (iii) The General Plan's effective date as the primary instrument to regulate and enhance land use and development within the City has been suspended by the submittal of a referendum. (iv) The laws of the State of California preclude furthering the physical development of a jurisdiction absent either an enforceable General Plan or authorization, pursuant to statute, to permit physical development to occur absent a General Plan. The City had previously been granted such authorization pursuant to California Government Code Sections 65360 and 65361. City representatives have been verbally advised by representatives of the Governor's Office of Planning and Research that they are without authority to extend the benefits of California Government Code Section 65361 after a General Plan is adopted. Such representatives referenced the City adopting provisions to implement such measures. (v) The State has not adopted any express statutory authority which provides for the extension of the California Government Code Section 65361 authorization to a municipality to proceed with physical development when the initial General Plan of a city is suspended by operation of law pursuant to California Elections Code Section 5041. (vi) The inability of a municipality to proceed with beneficial physical development is deleterious to the citizens of both the City and the State in that social and economic benefits are precluded from being realized. State law recognizes that it 2 is the public's best interest to provide for a continuity of physical development absent a General Plan, provided such development is premised upon a rational basis generally consistent with an expected General Plan (California Government Code Sections 65360, 65361). (vii) Article 11, Section 7 of the California State Constitution enables and authorizes a City to exercise its police powers by ordinance to preserve and secure the health, safety and welfare of the community, so long as such exercise does not conflict with the general laws of the State. Further, in areas of law where the State has adopted legislation, a city has powers co -extensive with the State to adopt regulations which supplement and further State law, so long as such regulation does not serve to hinder or otherwise diminish the intent or effect of the laws of the State. (viii) In the absence of any law of the State of California which enables the City of Diamond Bar to permit ongoing reasonable physical development to be maintained in a manner in consonance with California Government Code Section 65361, the Council has found and determined that it is proper and necessary to invoke its co -extensive legislative powers to supplement State law. The Council has determined that the public interest is best served by adopting reasonable regulations to implement land use and physical development within the City of Diamond Bar. The Council further finds that implementing local regulation in substantive consonance with those imposed by the 3 State of California Governor's Office of Planning and Research pursuant to California Government Code Section 65361 will provide a reasonable basis for the regulation of land use and physical development within the City of Diamond Bar. (ix) The present suspension of the City of Diamond Bar's authority to permit reasonable land use activities to proceed requires immediate action by this Council to cause such activities to be permissible to preserve, maintain and further the social and economic goals and necessities of all citizens and residents of the City of Diamond Bar. This Council has determined that it is necessary to enact this Ordinance as an Urgency Ordinance, effective immediately upon adoption to preserve the public health, safety and welfare as described in the foregoing. (x) All legal preconditions to the adoption of this Urgency Ordinance have occurred. B. Ordinance. The Council of the City of Diamond Bar does ordain as follows: Section 1. The Council finds and determines in all respects as set forth in Recitals, Part A, hereinabove. Section 2. The Council has found and determined that this Ordinance shall be enacted as an Urgency Ordinance, effective upon adoption pursuant to California Government Code Section 36937(b), on the basis of the facts set forth in the Recitals, Part A, of this Ordinance. 4 Section 3. Subject to the limitations set forth in Sections 3c, d, and e, below, land use actions and physical development approvals shall be conducted and/or occur solely in conformance with the standards set forth hereinafter: a. Until such time as the City of Diamond Bar has an enforceable General Plan, the City shall not approve discretionary land use projects unless it makes findings, supported by substantial evidence in the record, that there is a substantial probability that such project(s) will not be detrimental to or interfere with the General Plan adopted by the Council of the City of Diamond Bar. b. Until such time as the General Plan adopted by the City is deemed in effect and enforceable, the City may approve discretionary land use projects only when it makes findings, based upon substantial evidence in the record, that such projects are consistent with the General Plan as adopted by the City. C. Until such time as the General Plan adopted by the City is deemed in effect and enforceable, the City shall not initiate, approve or conduct public hearings upon general plan amendments. d. Until such time as the General Plan adopted by the City is deemed in effect and enforceable, the City shall not initiate or approve any specific plans, specific plan amendments, development agreements, 5 or any discretionary land use entitlements on behalf of City. e. The City shall not initiate or accept applications for, or act upon any vesting tentative maps, any entitlement or agreement which vests and legally precludes unilateral changes in land use by the City, any application for entitlement or any agreement for land located within areas defined as or designated as within the sphere of influence of the City of Diamond Bar, within areas defined as or designated as Hillside areas, and within areas defined as or designated as Sensitive Environmental Areas (SEA). f. The City shall continue to comply with the California Environmental Quality Act, the applicable planning, zoning, subdivision and building procedures, as such may be amended, all as established in the California Government Code and all locally adopted planning, zoning, subdivision and building ordinances, resolutions, policies and practices during the effective term of this Ordinance. Section 4. For purposes of this Ordinance only, the following terms shall have the meanings set forth hereinafter: a. City is defined as the City Council, the Planning Commission and any other City agency, official, commission, committee or individual granted or delegated administrative authority and responsibility under the 6 laws, ordinances or policies of the State, County or City. b. "Deemed in effect and enforceable" shall mean a determination by the electorate of the City of Diamond Bar, a court of competent jurisdiction or an official of the City that a General Plan, which conforms to the laws of the State of California, is not precluded from being implemented by the City by operation of any law, decision, vote or order of a court of competent jurisdiction. Section 5. This Ordinance shall terminate by operation of law,-wthout further action by the Council of the City of Diamond Bar -at such time as the City of Diamond Bar has a General Plan d=eemedl in effect and enforceable by the City. Srac on 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 89-6, as amended. ADOPTED AND APPROVED this 15th day of September, 1992. 7 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 15th day of September, 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of September, 1992, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor Pro Tem Papen, Mayor Kim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST:4C .: City of Li?nr6,: d Bar N1101110RDDEVELIDB 8