HomeMy WebLinkAboutORD 01 (2004)ORDINANCE NO. 01 (2004)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR
PURSUANT TO GOVERNMENT CODE SECTION 65858
ESTABLISHING A TEMPORARY SIZE LIMIT ON SECOND
DWELLING UNITS AND GUEST HOUSES AND DECLARING
THE URGENCY THEREOF
The City Council of the City of Diamond Bar does ordain as follows:
Section 1. Notwithstanding the provisions of Sections 22.42.120, 22.42.060, or
any other provision of the Diamond Bar Municipal Code, no application for a
second dwelling unit and guest house in excess of 500 square feet will be
accepted, processed or considered during the pendency of this ordinance or any
extension thereof. Nothing herein shall preclude the consideration of
applications for second dwelling units and guest houses 500 square feet or less
in size.
Section 2. Exception, this Ordinance shall not apply to the processing or
consideration of applications for second dwelling units or guest house
applications for which applications were deemed complete as of the date hereof.
Section 3. If any part or provision of this Ordinance or the application to any
person or circumstance is held invalid, the remainder of this Ordinance, including
the application of such part of provision to other persons or circumstances, shall
not be affected and shall continue in full force and effect. To this end, the
provisions of this Ordinance are severable.
Section 4. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed $1,000 or by
imprisonment in County jail for not to exceed six (6) months, or by both such fine
and imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject
to abaiement as provided by all applicable provisions of law.
Section 5. The City is currently evaluating the provisions of Municipal Code
Secrions 22.42.120 and 22.42.060 to determine if the current maximum size
limitation Tor second dwelling units and guesthouses is appropriate for single-
family lots in the City. Pending study and possible amendment of those
provisions it is necessary for the immediate preservation of the public peace,
health, safety and welfare that no new second dwelling units and guest houses
be approved that may be larger in size than it is anticipated the study will
recommend. Potential inconsistency of new second dwelling units and guest
houses with new or modified regulations would be detrimental to sound land use
Planning, would allow for incompatible land use development and constitutes a
current and immediate threat to public welfare. Hence, it is necessary that this
ordinance take effect immediately. This ordinance is an interim ordinance
adopted pursuant to the provisions of California Government Code Section
65858 and shall remain in effect for 45 days after the adoption thereof unless
extended pursuant to the provisions of that section. This ordinance shall not
affect the environmental review pursuant to the California Environmental Quality
Act ("CEQA") of any application for construction of a structure to which CEQA
applies.
PASSED, APPROVED AND ADOPTED this 20th of Aril 2004.
es, Mayor
1, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Ordinance was passed, approved and adopted at a
regular meeting held on the 2othday of Aril , 2004, by the
following vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL. MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: none
rA�
Linda C. Lowry, Ci
tAar,ager
City Clerk
O.,