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HomeMy WebLinkAboutORD 01 (2001)ORDINANCE NO. 01 (2001) - AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2000-01 FROM UNLIMITED MULTIPLE RESIDENCE (R-3-8000-25 U) TO COMMUNITY COMMERCIAL (C-2) FOR A PROPERTY IDENTIFIED AS PARCEL NO.2 OF PARCEL MAP NO. 10208. A. RECITALS. 1. The property owner/applicant, Canyon Wash, LLC has filed an application for Zone Change No. 2000-01 for a property identified as a Parcel Map No. 10208, Parcel 2 located on the east side of Diamond Bar Boulevard, immediately north of the Pomona Freeway/SR-60 and east of the Orange Freeway/SR-57, Diamond Bar, Los Angeles County, California ("the property"). Hereinafter in this Ordinance, the subject Zone Change shall be referred to as the Application. 2. On April 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission received staff's report, opened the public hearing, received testimony and concluded the public hearing. The Planning Commission concurred with staff and recommended that the property's zone be change from Unlimited Multiple Residence (R -3-8,000-25U) to Community Commercial (C-2). 3. On May 21, 2001, public hearing notices were mailed to approximately 127 property owners of record within a 700 -foot radius of the property. On May 24, 2001, notification of the public hearing for this property was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on May 23, 2001, the property was posted with a display board and the public hearing notice was posted in three public places within the City of Diamond Bar. 4. On June 5, 2001, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 5. Following due consideration of public testimony, staff analysis and Planning Commission recommendation, the City Council finds that Zone Change No. 2000-01 set forth herein is consistent with the General Plan. 6. The City Council hereby finds that there is no is no substantial evidence that Zone Change No. 2000-01 will have a significant effect on the environment and therefore is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995 according to the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15162 and 15168 (c) (2) of Article 11 of the California Code of Regulations. Therefore, further environmental review is not required for the proposed Zone Change. Ord. 01 (2001) 7. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, there is no evidence before this City Council that the Zone Change proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: The zone designation for the property in the Diamond Bar Zoning Map is hereby changed to Community Commercial (C-2) and shall allow uses listed for the C-2 zoning district in Table 2-6 of the Development Code. 2. The City Clerk is directed to amend the Zoning Map to reflect the property's new zone designation. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JUNE 2001, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. ROBER S. H , MAYOR 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 5th day of June, 2001 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of June 2001, by the following vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ansari ABSTAIN: COUNCIL MEMBERS: None Lyn a Burgess, City Clerk City of Diamond Bar Ord. 01 (2001)