HomeMy WebLinkAboutORD 07 (2002)1
ORDINANCE NO. 07 (2002)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2002-01 FROM COMMERCIAL PLANNED DEVELOPMENT
(CPD) TO COMMUNITY COMMERCIAL (C-2) FOR PROPERTIES
IDENTIFIED AS APN 8717- 088- 032, 033, 034, 185 AND 186 AND
REGIONAL COMMERCIAL (C-3) FOR PROPERTIES IDENTIFIED AS APN
8717- 008- 001, 004, 005, 006, 019, 020, 027, 028, 029, 038, 039, 184 AND
902.
A. RECITALS.
On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General
Plan established land use designations, goals, objectives and strategies to
implement the community's vision for its future. In order to comply with the
General Plan's land use designations certain zoning districts need to be changed.
2. On June 11, 2001, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on Zone Change No. 2002-01. At that
time, the Planning Commission received staffs report, opened the public hearing,
received testimony and concluded the public hearing. The Planning Commission
concurred with staff and recommended that the zoning of the subsequent
properties be changed as follows: APN 8717-088-032, 033, 034, 185 and 186
located north side of Golden Springs Drive between Diamond Bar Boulevard and
Prospectors Road from Commercial Planned Development (CPD) to Community
Commercial (C-2); and APN 8717-008 - 001, 004, 005, 006, 019, 020, 027, 028,
029, 038, 039, 184, and 902 located south of the Pomona (60) Freeway, west of
Diamond Bar Boulevard including the commercial area on Gentle Springs Lane
from CPD to Regional Commercial (C-3).
3. The public hearing notice for this project was published in the Inland Valley Bulletin
and San Gabriel Valley Tribune on July 5, 2002. Pursuant to Planning and Zoning
Law Government Code Section 65091 (a)(3), if the number of property owners to
whom a public hearing notice would be mailed is greater than 1,000, a local
agency may provide notice by placing a display advertisement of at least one-
eighth page in at least one newspaper of general circulation. The City placed a
one-eighth page display advertisement in the above mentioned newspapers of
general circulation. Public hearing notices were mailed to approximately 11
property owners on July 3, 2002. Furthermore, public notices were posted in nine
public places (City Hall/South Coast Air Quality Management District, Diamond Bar
' Library, Country Hills Town Center Community Board, Vons/Sav-On Community
Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs
Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center,
1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on July 3, 2002.
4. On July 16, 2002, the City Council of the City of Diamond Bar conducted a duly
noticed public hearing on the Application. At that time the public hearing was
continued to August 6, 2002.
5. On August 6, 2002, the continued public hearing was held and concluded.
6. Following due consideration of public testimony, staff analysis and Planning
Commission recommendation, the City Council finds that Zone Change No. 2002-
01 set forth herein is consistent with the General Plan.
7. The City Council hereby finds that there is no substantial evidence that Zone
Change No. 2002-01 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 because pursuant to Section 15162, no new effects will
occur and no new mitigation measures would be required and the proposed Zone
Change is found to be within the scope of the General Plan Program EIR.
8. 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 zoning designation for the following properties identified as APN 8717-088-032,
033, 034, 185 and 186 is hereby changed from Commercial Planned Development
(CPD) 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 zoning designation for the following properties identified as APN 8717-008 -
001, 004, 005, 006, 019, 020, 027, 028, 029, 038, 039, 184, and 902 is hereby
changed from Commercial Planned Development (CPD) to Regional Commercial
(C-3) and shall allow uses listed for the C-3 zoning district in Table 2-6 of the
Development Code.
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3. The City Clerk is directed to amend the Zoning Map to reflect the referenced
1 properties' new zone designation.
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF AUGUST 2002, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
BY:
Wen P. Chang, 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 6th day of August, 2002 and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the 20th day of August, 2002 by the following
vote:
AYES: COUNCIL MEMBERS: Herrera, Huff, Zirbes,
MPT/O'Connor, M/Chang
' NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCZL MEMBERS: None
Linda Burgess, City Clerk
City of Diamond Bar
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