HomeMy WebLinkAboutORD 02 (2008)ORDINANCE NO.02 (2008)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF
PERMITS FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND
OTHER SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE
ZONING DISTRICTS AND DECLARING THE URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. Purpose and findings. Currently the establishment of amusement, entertainment and
other specified congregation uses and facilities is permitted in the commercial and office zoning
districts subject to compliance with applicable development standards and approval of a conditional
use permit. The City has received an increased number of complaints in recent years about the
secondary impacts of these facilities, particularly pertaining to noise, traffic, parking and law
enforcement.
The City is currently studying new development standards and locational criteria for amusement,
entertainment and specified congregation facilities. It is likely that zoning standards for these uses will
change as a result of this update. Due to the recent proliferation of complaints about amusement and
entertainment uses and because time will be required to prepare and adopt these new regulations
and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the
establishment of new amusement, entertainment and specified congregation facilities and uses in the
commercial and office zoning districts as of the date of adoption hereof until new permanent
regulations are prepared and adopted by the City Council.
SECTION 2. The issuance of permits for new amusement, entertainment and specified
congregation uses in the commercial and office zoning districts in the City of Diamond Bar is hereby
prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no
zoning permits or approvals, subdivision maps or building permits for new amusement, entertainment
or specified congregation facilities or uses shall be approved or issued in the commercial and office
zoning districts in the City during the pendency of this Ordinance or any extension thereof.
SECTION 3. Definitions. For purposes of this Ordinance, an "amusement, entertainment or
specified congregation facility or use" shall be defined as and shall include the following:
Clubs, lodges and private meeting halls
Computer services/network gaming centers
Indoor amusement/entertainment facilities
Bars and nightclubs
SECTION 4. Penalties. 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
abatement as provided by all applicable provisions of law.
SECTION 5. Severability. 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 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent
proliferation of complaints demonstrate that amusement, entertainment and specified congregation
uses are posing a current and immediate threat to the public health, safety and welfare. This
Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new
amusement, entertainment and specified congregation uses that may be inconsistent with new zoning
standards currently being developed until those revised regulations can be established and adopted.
This ordinance is adopted pursuant to California Government Code Section 65858 and shall take
effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in
full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by
the City Council in accordance with the provisions of California Government Code Section 65858.
SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the
provisions of this Ordinance shall govern over any conflicting provisions of any other City code,
ordinance, resolution or policy.
SECTION 8. The City Council hereby finds and determines that the adoption of the Urgency
Ordinance is exempt pursuant to the provisions of the California Environmental Quality Act (CEQA),
Sections 15061 (b)(3) and 15308 and guidelines promulgated thereunder.
PASSED, APPROVED AND ADOPTED THIS 5"' DAY OF FEBRUARY 2008, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR
BY: CD7�_�_
Jack Tanaka, Mayor
I, Tommye Cribbins, 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 5th day of February, 2008 and was finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the 5th day of February, 2008 by the following vote:
AYES: Council Members:C,�arq, derrerz-, T c; ,
NOES: Council Members:.��
ABSENT: Council Members: jui�e
ABSTAIN: Council Members:,Noii,,,_
City Clerk, City of Diamond Bar