HomeMy WebLinkAboutORD 5 (1992)ORDINANCE NO. x_(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, 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 Zone District Plan and Zoning Ordinance as the
same pertain to existing and potential development affecting the
City of Diamond Bar. Such examination has revealed that there
are areas within the sphere of influence of 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 adopted, on July 14, 1992, the City of
Diamond Bar General Plan which also considers properties within
the sphere of influence of the City, the development of which
will affect the City. The Agricultural zoning districts of the
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Zoning Ordinance allow for a wide range of land uses permitted by
right which do not require discretionary review by the City.
Further, it is not certain that all such permitted land uses are
appropriate land uses within such zoning districts respective to
the intent of the City's General Plan. With an adopted General
Plan, but lacking appropriate 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 on behalf of
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, development
standards for, and appropriate permitted land uses within the
areas designated in the General Plan as Agricultural land use
districts, pending the adoption of the ultimate zoning and
development criteria for such lands.
(iv) The granting or support of land use approvals
and/or building permits for proposed land uses permitted by right
would not conform to the General Plan or development approval
scheme and would contradict the specific purposes for such Zoning
Ordinance amendments as related to consistency with the General
Plan. Moreover, pending the completion of such amendments, it is
foreseeable that further development proposals or land use
proposals for property which is both designated as Agricultural
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by the General Plan and zoned with an Agricultural zoning
district designation will be sought or submitted which would
contradict the ultimate goals of the proposed Zoning Code
amendments and the adopted General Plan.
(v) This Council is concerned about the creation of an
orderly and balanced development within and proximate to the City
of Diamond Bar. Accordingly, to protect the integrity of the
adopted General Plan and to assure the continued development
stability of those properties both designated by the General
Plan -Plan for Land Use and zoned Agricultural within the City or
its sphere of influence, 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 has adopted a General Plan
for development in the City of Diamond Bar. The ultimate goal of
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the General Plan is to provide a balanced and unified plan of
development within the City of Diamond Bar and its sphere of
influence and protect 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
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provide sufficient standards for City staff, Planning Commission
or City Council to recommend upon or review applications for the
approval, or determination of, appropriate land uses within the
areas designated by the General Plan -Plan for Land Use as
Agricultural.
b. The present recommendation of or approval of any
land uses for land both zoned and designated on the General
Plan -Plan for Land Use as Agricultural would contradict the
ultimate goals and objectives of the General Plan and would not
be subject to adequate local regulation review under the current
provisions of the Zoning Ordinance; and
C. The recommendation of approval of any proposed land
uses within the areas designated as Agricultural in the General
Plan -Plan for Land Use and zoned Agricultural 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
permitted land uses within the Agricultural zoning districts
which are also designated as Agricultural on the General
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Plan -Plan for Land Use, as set forth in Exhibit "A" hereto, which
are incorporated by reference herein as if set forth in their
entirety, are hereby adopted.
Section 4. This Ordinance is enacted under the authority of
E:al fornia Government Code Section 65858(a) and shall be of no
f-urthe r— force and effect forty-five (45) days from the date of
_adopt ,3h -of this Ordinance unless the City Council has extended
this_-dxtinance in the manner as provided in said Section
-658 afa) .
Section 5. 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, as amended.
ADOPTED AND APPROVED this 6th day of October , 1992.
y
I, LYNDA BURGESS, City Clerk of the Ciyy 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 6th day of October ,
1992, by the following vote:
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AYES:
COUNCIL
MEMBERS:
Forbing, Miller, MPT/Papen,
M/Kim
NOES:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
Werner
ABSTAINED:
COUNCIL
MEMBERS:
None
ATTEST:
Cit Clerk Cf- the =ty
of Diamond -Sam-
S/1011/ORDIZONE/DB 6
ORDINANCR NO. (1992)
LXRIBIT A
SI1TffitIlrt a-2 gONi! l��ersm �mT.,ve
SECTION 100 TITLE AMn pURpOSE pP ICARTr rmv
Establishment of an A-2 Zone (Heavy Agricultural
Zone) prescribing use, types and other regulations
for the zone. The purpose of the regulations for
this zone is to implement policies contained in
the General and to provide zoning consistency.
This interim Ordinance shall be applicable only to
properties designated by the General Plan as AG,
Agricultural and also zoned A-2 (Heavy
Agricultural Zone).
SECTION 200 USES P MI=En.
The following use type shall be permitted by
right:
(a) Open Space - preservation of existing
natural/native open space lands.
SECTION 300 USES P N[Try2p S1Wk7VCT TO CONDITION—AL
USA' PERMIT
The folloving use types shall be permitted subject
to obtaining a Conditional Use Permit pursuant to
Chapter 22.56, Part 1, of the Los Angeles County
Planning Zoninq Code.
(a) Agricultural - livestock grazing.
(b) Commercial recreation - campgrounds and
related accessory recreational facilities.
SECTION 400
Standards for development shall be determined
through the Conditional Use Permit process.
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