HomeMy WebLinkAboutORD 02A (2008)ORDINANCE NO. 02A (2008)
AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING
ORDINANCE NO. 02 (2008) PROHIBITING THE ISSUANCE OF PERMITS
FOR ESTABLISHMENT OF AMUSEMENT, ENTERTAINMENT AND OTHER
SPECIFIED CONGREGATION USES IN THE COMMERCIAL AND OFFICE
ZONING DISTRICTS ACCORDING TO THE PROVISIONS OF
GOVERNMENT CODE SECTION 65858.
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Moratorium Extended. Ordinance No. 02 (2008), adopted February 5,
2008, is hereby extended for 10 months and 15 days.
Section 2. 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 (60 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 3. Severability. If any part or provision of this Ordinance or the application
to any peon 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. Purpose and Findings: Urgency. Currently the establishment of
amusement, entertainment and other specified congregation uses and facilities 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 ad locational criteria for
amusement and specified congregation facilities. It is likely that zoning standards of these
uses will change as a result of this update. Due to the 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 extend
an interim imoratorium on the establishment of amusement, entertainment and other specified
congregation uses as of the date of adoption hereof, until new regulations are prepared and
adopted by the City council. Based on the forgoing and the immediate threat to the public
health, safety and welfare pose by the amusement, entertainment, and other specified
congregation uses, this Ordinance is necessary to alleviate and address that threat until
permanent zoning regulations can be established. This ordinance is adopted pursuant to
California Government Code Section 65858 and shall take effect immediately upon adoption
of a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a
period of 10 months and 15 days from March 21, 2008 unless extended by the City Council in
accordance with the provisions of California Government Code Section 65858.
Section 5. Conflicting Laws. For the term of this Ordinance, or any extension
thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any
other City code, ordinance, resolution or policy.
Section 6. California Environmental Quality Act Finding. Pursuant to the
provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections
15061(b)(3) and 15308, the City has determined that this activity is categorically exempt.
PASSED, APPROVED AND ADOPTED this 4th day of March, 2008.
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 4th day of March and was finally passed at the regular meeting of the City Council
of City of Diamond Bar held on the 4th day of March by the following vote:
AYES: Council Members: [ lii,ntj , Ty =
NOES: Council Members: No-ne
ABSENT: Council Members: �y,o rrora.
ABSTAIN: Council Members:�ren
ATTEST
To mye Cribbins
City Clerk
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