HomeMy WebLinkAboutORD 4-B (1997)ORDINANCE NO. 4-B(1997)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR EXTENDING THE TERM OF A
MORATORIUM ZONING ORDINANCE, ORDINANCE NO.
4-A(1997) PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE SECTION 65858
AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City ofDiamond Bar was established as a duly
organized municipal organization 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 Zoning Regulations for the City of Diamond Bar.
(Hereinafter said Title 22 shall be referred to as "the Zoning Ordinance".)
(ii) On July 15, 1997, pursuant to the provisions of California Government
Code Section 65858(a), this City Council adopted its Ordinance No. 4 (1997) adopting a
moratorium on wireless telecommunication facilities.
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(iii) On -August 19, 1997, pursuant to the provisions of California Government
Code Section 65858(a), this City Council adopted its Ordinance No. 4-A(1997) extending
Ordinance 4 (1997).
(iv) Pursuant to the provisions of California Government Code Section
65858(d) this City Council issued its written report describing the measures taken to alleviate the
conditions which led to the adoption of Ordinance No. 4 (1997) and at least ten (10) days prior to
the expiration of Ordinance No. 4 (1997) and Ordinance 4-A (1997).
(v) 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. 4-A
(1997) and this ordinance.
(vi) All legal prerequisites to the adoption of this ordinance have occurred.
B. Ordinance.
r 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 which
were 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
15306.
Section 3. 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. 4-A(1997).
Section 4. The City Council hereby specifically finds that in recognition of the
need for,effective economic development strategy and 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 control of wireless telecommunication facilities.
Section 5. This Council is concerned about the creation of orderly and
balanced development within the City ofDiamond Bar. Accordingly, to protect the integrity of
the General Plan and to insure the continued economic and development stability of properties
within the City, this Council finds it necessary to establish interim zoning policies to allow City
staff the time necessary to investigate and formulate the above -referenced wireless
telecommunications facility Ordinance amendments.
Section 6. Ordinance No. 4-A(1997) of the City of Diamond Bar, as
heretofore enacted under the authority of California Government Code section 65858 (a), hereby
is extended and shall be of no further force and effect as of the 17th day of July, 1999, or upon
the effective date of a new Wireless Telecommunications Ordinance, whichever is sooner.
Section 7. This ordinance hereby is declared to be an urgency measure
pursuant to the terms of California Government Code Section s 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
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pursuant to the provisions of Resolution No. 89-6.
ADOPTED AND APPROVED this 6th of July, 1998
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing ordinance was introduced and adopted at a special meeting of the City Council of the
City ofDiamond Bar held on the 6th day of July, 1998 by the following vote:
AYES: COUNCILMEMBERS: Ansari, Huff, O'Connor,
MPT/Chang, M/Herrera
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAINED: COUNCIL MEMBERS None
ATTEST
Lynda Burgess, City Cler of the City of Diamond Bar