HomeMy WebLinkAboutORD 05 (2002)A. RE
ORDINANCE NO. 5 (2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2001- 04
AND AMENDING THE DIAMOND BAR MUNICIPAL CODE
On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan establishes goals, objectives and strategies to implement the
community's vision for its future.
On November 3, 1998, the City of Diamond Bar adopted a Development
Code. Title 22 of the Diamond Bar Municipal Code contains the Development
Code now currently applicable to the development applications within the City
of Diamond Bar.
3 Administering the Development Code for over .three years demonstrated that
certain clarifications and modifications are ;needed based on the City's
' experience. The City of Diamond Bar has determined that the following existing
standards within the Development Code require :clarification and/or modification:
Article IV, Section 22.50.030, Allowed Temporary Uses
4 The Planning Commission of the City of Diamond Bar on February 12, 2002
conducted duly noticed public hearing regarding Development Code Amendment
No. 2001-04. The Planning Commission concluded the public hearing on
February 12, 2002 and recommended approval of said amendment to the City
Council.
5. Notification of the public hearing for consideration of Development Code
Amendment No. 2001-04 was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers on March 7, 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 -eight page in at least one newspaper of general circulation. The City
placed a one -eight page display advertisement in the above mentioned
newspapers of general circulation. 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 March 6, 2002.
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6. On March 19,2002, the City Council of the City of Diamond Bar conducted a
duly noticed public hearing regarding the Development Code Amendment. At
that time, the City Council concluded the public hearing.
7. Following due consideration of public testimony, staff analysis and the
Planning Commission's recommendation, the City Council finds that the
Development Code Amendment set forth herein are consistent with the
General Plan.
8. The City Council hereby finds that there is no substantial evidence that the
Development Code Amendment will have a significant effect on the environment.
Therefore, pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations
and guidelines promulgated thereunder, the City has determined that this project
is consistent with the previously adopted Negative Declaration No. 97-03 for the
City's Development Code. Therefore, further environmental review is not
required.
9. The City Council hereby specifically finds and determines that, having
considered the record as a whole, including the finding set forth below, there
is no evidence before this City Council that the Development Code
Amendment 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:
Introductory paragraph contained in Section 22.50.030 -Allow Temporary Uses of
Article IV, Title 22 of the Diamond Bar Municipal Code is hereby amended to
read as follows:
A use or activity that would require a Conditional Use Permit under this
Title if established as a permanent use is not eligible for a Temporary Use
Permit and is not permitted as a temporary use under this Chapter. The
following temporary uses may be allowed subject to issuance of a
Temporary Use Permit by the Director
2. Subparagraph C. contained in Section 22.50. 030, Allow Temporary Uses of
Article IV, Title 22 of the Diamond Bar Municipal Code is hereby amended to
read as follows:
Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's
markets, festivals, food events, sidewalk sales, outdoor
entertainment/sporting events and rodeos for a maximum of 10
consecutive days, or six weekends, within a 12 -month period.
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3. Subparagraph F. contained in Section 22.50. 030, Allow Temporary Uses of
Article IV, Title 22 of the Diamond Bar Municipal Code is hereby amended to
read as follows:
THE CITY
YA
I, Lynda Bi
Ordinance
.held on the
Council of
Outside displays/sales. The temporary outdoor display/sales of new
merchandise (except as provided below) by an adjoining business or in
connection with an event permitted by paragraph C of this Section, in
compliance with Section 22.42.080 (Outdoor Display and Sales). The
display and/or sale of used merchandise or goods is prohibited except for
a business located in the City that as part of the ordinary business
operation sells used merchandise or goods.
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF APRIL 2002, BY
NCIL OF THE CITY OF DIAMOND BAR.
en P. Chang, MA
v
rgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
as introduced at a regular meeting of the City Council of the City of Diamond Bar
19th day of March , 2002 and was finally passed at a regular meeting of the City
he City of Diamond Bar held on the 2nd day of April, 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: COUNCIL MEMBERS: None
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Lynda Burgess, City Clerk
City of Diamond Bar
