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HomeMy WebLinkAboutORD 5B (1992)ORDINANCE NO. 5B (1992) AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF DIAMOND.BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. SA (1992) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODA' SECTION 65858 AND MAILING 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 and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22, thereof pertaining to Planning and r-- Zoning Regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as "the Zoning Ordinance".) On October 6, 1992, pursuant to the provisions of California Government Code Section 65858 (a), this City Council adopted its Ordinance No. 5 (1992) adopting interim zoning regulation for properties designated Agricultural within the General Plan, Land Use Element, and Zoned A-2, Heavy Agricultural. (iii) On November 17, 1992, pursuant to the provisions of California Government Code Section 65858(a), the City Council adopted its Ordinance No. 5A (1992) extending the interim zoning regulations, effective until the 6th day of October, 1993. (iv) Pursuant to the provisions of California Government Code Section 65858 (d) this City Council issued its ,` 1 written reports) describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 5 (1992) and Ordinance No. 5-A (1992) at least ten (10) days prior to the expiration of ordinance No. 5 and again for the one (1) year extension of Ordinance No. 5A (1992) (v) The City Council adopted, on July 27, 1993, the 1993 City of Diamond Bar General Plan which considers properties within the sphere of influence of the City, the development of which will affect the City. The A-2, Heavy Agricultural, zoning district of the Zoning Ordinance allows 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 1993 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. (vi) A duly noticed public hearing as required by California Government Code Section 65858 (a) was conducted and concluded prior to the adoption of Ordinance No. 5 (1992), Ordinance No. 5A and this ordinance. (vii) All legal prerequisites to the adoption of this ordinance have occurred. 2 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 hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division f of Title 14 of the California Code of Regulations. Section 3. 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 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 as Agricultural. b. The present recommendation of or approval of any 3 land uses for land designated on the General Plan as Agriculture _ and zoned A-2 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 and zoned A-2, Heavy Agriculture 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 4. 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, as set forth in Exhibit "A": hereto, which are incorporated by reference herein as if set forth in their entirety, are hereby adopted. Section 5. The City Council finds and determines that the consideration and development of proposed amendments to the Zoning Ordinance are continuing; however, such development of amendments to the Zoning Ordinance cannot be completed prior to the expiration of Ordinance No. 5A (1992) Section 6. This Ordinance is enacted under the authority 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, 1994. 4 13 Section 7. 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 8. 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 TRIO 21st day of September, 1993. or 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 21st day of September, 1993, and was passed at the regular meeting of the City Council of the City of Diamond Bar held on the 21st day of September, 1993, by the following vote: AYES: COUNCIL MEMBERS: Werner, MacBride, Frobing, Mayor Pro Tem Papen, Mayor Miller NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS None ATTES6j]��iL� Lynd Burgess, City Clerk of the City of Diamond Bar 5 REPORT ON ACTIONS TAKEN FOLLOWING ADOPTION OF ORDINANCE NO. SA (1992) Pursuant to the requirements of California Government Code Section 65858 (d), and at the express direction of the City Council of the City of Diamond Bar, the following constitutes a written report of the City Council concerning those measures taken to alleviate the conditions which led to the adoption of Ordinance No. 5 (1992). 1. On October 6, 1992, the City Council of the City of Diamond Bar adopted its Ordinance No. 5 (1992) entitled "An Ordinance of the City Council of the City of Diamond Bar, Adopting an Interim Zoning Ordinance Pursuant to California Government Code Section 65858 (a) and Making Findings in Support Thereof." Said Ordinance No. 5 (1992) adopted interim Zoning regulations, effective for no longer than the 20th day of November, 1992. Pursuant to the requirements of said Section 65858 (a), Ordinance No. 5 (1992) was adopted by the City Council. 2. On November 17, 1992, the City Council of the City of Diamond Bar, adopted its Ordinance No. 5A (1992) entitled"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 (a) and making findings in support thereof." Said Ordinance No. 5A (1992) extended the interim zoning regulations, effective for no longer than the 6th day of October, 1993. 3. Pursuant to California Government Code Section 65858 (d), ten (10) days prior to the expiration of any interim ordinance, or any extension thereof ddopted pursuant to the terms of said section, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of such interim zoning ordinance. 4. On September 21, 1993, at a meeting of the City Council of the City of Diamond Bar, the City Council was presented with a staff report concerning the measures taken to alleviate the conditions which prompted the adoption of said Ordinance No. 5 (1992). At said meeting and following said staff -� report the City Council authorized and directed staff to prepare a written report concerning the actions taken following, and relative to, the adoption of Ordinance No. 5 (1992) Following the adoption of Ordinance No. 5A (1992), the following actions have been taken relative to the interim zoning regulations. 1. The City Council directed the City Staff to create significant and substantial changes to the 1992 General Plan. Numerous landuse map and policy revisions were analyzed throughout the development of the 1993 General Plan. The adopted plan recognizes the environmental significance of the A-2 zoned, 3600 acre, Tonner Canyon area by designating its future land useage as agricultural. Revisions to the City's Development Regulations may now be prepared. 2. At the express request and direction of the City Council, the City Staff has initiated efforts to formulate specific amendments to the City's Zoning ordinance. The goal of such amendments is to create a unified and balanced plan for the City of Diamond Bar which will eventually result in the estab- lishment of permanent and comprehensive A-2, Heavy Agricultural Zone regulations and policies for the City. 3. The City Council directed that such studies emphasize the formulation of agricultural use provisions thereof. The preparation thereof will provide the necessary guidelines for long-term development in the City. Moreover, the contemplated amendments to the Zoning Ordinance will permit the comprehensive review, together with public input, of applications for properties classified by the General Plan and zoned Agricultural. With the adoption of the Zoning ordinance, the City Council would consider the repeal of Ordinance No. 5 (1992). Dated: September 21, 1993 I I't INAPWV _Siaes DeStefa o Community Dev lopment Director ORDINANCE NO. S (1992) EXHIBIT A INTERIK A-2 SONE REGULATIONS SECTION 100 TITLE AND PURPOSE, APPLICABILITY 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 Plan 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 PERMITTED: The following use type shall be permitted by right: (a) Open Space - preservation of existing natural/native open space lands. The following 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 Zoning Code. (a) Agricultural - livestock grazing. (b) Commercial recreation - campgrounds and related accessory recreational facilities. Standards for development shall be determined through the Conditional Use Permit process.