HomeMy WebLinkAboutORD 05 (2004)A.
ORDINANCE NO. o5 (2004)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2002-02 WHICH CHANGES THE EXISTING ZONING
FROM A-1-15,000 TO C-2 FOR A PROPERTY OF APPROXIMATELY
2.22 ACRES IDENTIFIED AS APN #8763-007-022 LOCATED AT
1035'/2 BANNING WAY, DIAMOND BAR, CALIFORNIA.
RECITALS.
On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan established land -use designation, goals, objectives and
strategies implementing the community's vision for its future.
2. The property owner, Diamond Bar Project Company and applicant, CMC
Architects have filed an application for Zone Change 'No. 2002-02 for a
property identified as APN #8763-007-022 located 10351/2 Banning Way,
Diamond Bar, Los Angeles County, California, Hereinafter in this
Resolution," the subject Zone Change shall be referred to as the
"Application."
3. On June 8, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly notice public hearing on the Application
and adopted Planning Commission Resolution No. 2004-20
recommending City Council approval of the Application.
4. On July 8, 2004, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. On July 1, 2004, public hearing notices were mailed to
approximately 65 property owners of record within a 500 -foot radius of the
project site. Public hearing notices were posted in three public places
within the City of Diamond Bar and the project site was posted with a
display board on July 1, 2004.
5. On July 20, 2004, the City Council of the City of Diamond Bar conducted
and concluded a duly noticed public hearing on the Application.
6. The City Council of the City of Diamond Bar does hereby approve Zone
Change No. 2002-02 based on the following findings, as required by
Municipal Code Section 22.70.050 and in conformance with California
Government Code Sections 65853 and 65860.
7. Following due consideration of public testimony, staff analysis and the
Planning Commission recommendation, the City Council hereby finds that .
Zoning Change No. 2002-02 set forth herein amends the Zoning Map and
is consistent with the General Plan and the adopted goals and policies of
the City and that the Zoning Map does not presently reflect the General _
Plan land -use designation of General Commercial for the subject property.
Zone Change No. 2002-02 will replace the City's Zoning Map, in
conformance with the General Plan by designating the subject property as
Community Commercial (C-2).
8. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), the City has determined that a Negative Declaration is required
for this project. According to CEQA Section 15070, 15071, 15072 and
15073, Negative Declaration No. 2003-06 has been prepared and
circulated for review. The Negative Declaration's review period began
April 5, 2004 and ended May 4, 2004. Since it is required that a State
agency (Cal Trans) review this project's Negative Declaration, a 30 day
review period is required and completed.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the City Council of
the'City of Diamond Bar as follows:
1. The zoning designation for the following property identified as APN 8763-
007-022 is hereby changed from A-1-15,000 to Community Commercial
(0-2) 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
referenced property's new zone designation.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF Aug. 2004, BY THE
CITY COUNCIL_ OF THE CITY OF DIAMOND BAR.
BY: - --
B es, Mayor
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I, Linda C. Lowry, 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 gni-h day of ,Ly , 2004 and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of
August, 2004 by the following vote:
AYES: Council Members: Chang, Huff, O'Connor, MPT/Herrera,
M/Zirbes
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
-I--, XJ4 4, 4 & or �/-� �
Linda C. Lowry, C Clerk,
City of Diamond Bar
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