HomeMy WebLinkAboutORD 01-A (2004)ORDINANCE NO. 01-A (2004)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING THE
TERM OF AN URGENCY ZONING ORDINANCE FOR THE MAXIMUM SIZE OF
SECOND DWELLING UNITS AND GUEST HOUSES, ORDIANANCE NO. 01 (2004),
PURSUANT TO PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION
65858 AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITALS.
1. On April 20, 2004, pursuant to the provisions of California Government Code
Section 65858(a), the City Council adopted its Ordinance No. 01 (2004)
establishing a temporary size limit on second dwelling units and guest houses.
2. On May 18, 2004, pursuant to the provisions of the California Government Code
Section 65858(d) the City Council issued its written report describing the measures
taken to alleviate the conditions which led to the adoption of Ordinance No. 01
(2004) and at least ten (10) days prior to the expiration of Ordinance No. 01 (2004).
3. On June 1, 2004, a duly noticed public hearing as required by California
Government Code Section 65858(a) was conducted and concluded prior to the
adoption of this extension of Ordinance No. 01 (2004).
4. All legal prerequisites to the adoption of this ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain
as follows:
Section 1. The City Council hereby specifically finds that all the facts which were set
forth in 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 amendments cannot be completed prior to the expiration of Ordinance No. 01 (2004).
Section 4. The City Council is concerned about the creation of orderly and balanced
development within the City of Diamond Bar. Accordingly, to protect the General Plan's
integrity 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 provisions of Municipal Code Sections
22.42.120 and 22.42.060 to determine if the current maximum size limitation for second
dwelling units and guest houses 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.
Section 5. Ordinance No. 01 (2004) of the City of Diamond Bar, as heretofore enacted
under the authority of California Government Code Section 65858 (a), hereby is extended for
an additional 10 months and 15 days, and shall be of no further force and effect as of the 19th
day of April, 2005, unless sooner repealed.
Section 6. This Ordinance hereby is declared to be an urgency measure pursuant to
the terms of California Government Code Sections 65858 (a) and 36937 (b), and this
Ordinance shall take effect immediately upon adoption.
Section 7. The City Clerk shall certify the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this i st day of .TZ,n,- , 2004.
Bob Zirbes, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the
foregoing Resolution passed, approved and adopted at a regular meeting held on the is
day of June , 2004, by the following vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPS'/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS None
Li da C. Lowry, City CI
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