HomeMy WebLinkAboutORD 5A (1992)ORDINANCE NO. 5A (1992)
AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY
OF DIAMOND BAR ADOPTING AN INTERIM[ ZONING
ORDINANCE PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE 65858 (a) AND
NAEING 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 Zoning Ordinance allow for a
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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 by
the General Plan and zoned with an Agricultural zoning district
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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 the 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 of 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 2. 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
the General Plan is to provide a balanced and unified plan of
--� development within the City of Diamond Bar and its sphere of
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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 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 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
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of California Government Code Section 65858 (a) and hereby is
extended and shall be of no further force and effect as of the 6th
day of October, 1993.
Section 5. 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 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, as amended.
_ADOPTSD Aft_ APPROVED THIS 17th day of November. 1992.
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 17th day of November. 1992, by the
following vote:
AYES: COUNCIL MEMBERS:Forbing, Miller, Werner,
and Mayor Pro Tem Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Kim
ABSTAINED: COUNCIL MEMBERS: None
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