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Home My WebLink AboutORD 03 (1993)ORDINANCE NO. 03 (1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN, REAL PROPERTY, HEREIN DESCRIBED, FROM THE C-1 (RESTRICTED COMMERCIAL) ZONE TO THE R -3-(15)U (LIMITED MULTIPLE RESIDENCE, 15 UNITS MAXIMUM PER GROSS ACRE) ZONE. (ZONE CHANGE NO. 91-1). A. Recitals. (i) Diamond Development Company, 1700 Raintree Road, Fullerton, California, has heretofore filed an application to amend the official zoning map of the City of Diamond Bar, reclassifying certain real property, described as recorded in the Office of the County Recorder of Los Angeles County as Parcels 2 and 3 of Parcel Map No. 2888 as per map filed in Book 42 Page 11 of Parcel Maps and generally located at the 23575 Golden Springs Drive (Said "real property" hereinafter in this Ordinance). (ii) Attached hereto, marked Exhibit "A" and by this reference incorporated herein, is a proposed official zoning map amending the official zoning map of the City of Diamond Bar by reclassifying said real property from Restricted Commercial (C-1) zone to Limited Multiple Residence (R -3- (15)U) zone, as proposed by the applicant. (iii) On April 18, 1989, the City of Diamond Bar was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code (as subsequently amended by Ordinance Nos. 15 and. 15A of the City of Diamond Bar) contains the Development Code of the County of Los Angeles, now currently applicable to development applications (including the subject application) within the City of Diamond Bar. (iv) The City of Diamond Bar lacks an operative General Plan. Pursuant to the order issued by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (v) On March 16, 1993, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with respect to the subject application and concluded said B. hearing on April 6, 1993. (vi) All legal prerequisites to the adoption of this Ordinance have occurred. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2. The City Council specifically finds that the initial study prepared and reviewed by the City of Diamond Bar and a Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration reflects the independent judgement of the City of Diamond.Bar. Section 3. The City Council hereby finds that a negative declaration has been prepared with respect to the project identified in this Resolution and, further, that said negative declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder. Further, this Council has reviewed and considered the information contained in said negative declaration. Section 4. Based on the substantial evidence presented to the City Council during the above -referenced public hearing opened on March 16, 1993 and concluded on April 6, 1993, including written and oral staff reports, together with public testimony, and in conformance with Ordinance No. 4 (1992) of the City Diamond Bar, hereby specifically finds as follows: (a) That the modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; and (b) That a need for the proposed zone classification - exists within such area or district; and (c) That the particular property under consideration is a proper location for said zone classification with such area; and (d) That the placement of the proposed zone at such locations will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; and (e) That the proposed zone change is consistent with the proposed General Plan. _ Section 5. The City Council finds that the facts supporting the above specified findings are set forth in the negative declaration, the staff report and exhibits appended thereto, and the information provided to this City Council during the public hearing conducted with respect to the project and the negative declaration. Section 6. The Official Zoning Map of the City of Diamond Bar hereby is amended to reclassify that certain real property, hereinabove described, from the C-1 (Restricted Commercial) zone to R -3-(15)U (Limited Multiple Residence, 15 Units Maximum Per Gross Acre), all as set forth in the Official Zoning map attached hereto as Exhibit A and by this reference incorporated herein. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 2QLh day of April, 1993. '�' �__ IL�)' Mayor I, Tommye A. Nice. Deputy 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 6th day of Aprii and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of Aprii 1993, by the following vote: AYES: COUNCILMEMBERS:MacBride, Forbing, Mayor Miller NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Mayor Pro Tem Papen ABSTAINED: COUNCILMEMBERS:Werner- - ATTEST: Deputy City��er:� L the City of 0Ttft_4d Bxl