HomeMy WebLinkAboutORD 04A (2008)ORDINANCE NO. 04A (2008)
AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING
ORDINANCE NO. 04 (2008) PROHIBITING CERTAIN GROUP
RESIDENTIAL USES INCONSISTENT WITH RESIDENTIAL ZONES
AND PROVIDING REASONABLE ACCOMMODATION PROVISIONS
FOR THE DISABLED ACCORDING TO THE PROVISIONS OF
GOVERNMENT CODE SECTION 65858 AND DECLARING THE
URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Moratorium Extended. Ordinance No. 04 (2008), adopted July 15, 2008, is
hereby extended for 10 months and 15 days from August 28, 2008 to July 15, 2009.
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 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. Purpose and Findings: Urgency. The land use impacts associated with
different types of group residential uses in residential zones and the City's authority to address
those impacts have not been addressed in light of recent legal developments. The secondary
impacts of these facilities, particularly pertaining to noise, traffic, parking and law enforcement
can more adequately be addressed following review and updating of the City's current
regulations.
The City is currently studying new development standards and locational criteria for group
residential uses and residential care facilities in order to ensure proper and appropriate
regulation of the use and occupancy of single-family properties throughout the city in order to
preserve; the residential character of the neighborhoods. It is likely that zoning standards for
these uses will change as a result of this update. Due to the time 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 facilities and uses in residential zoning districts
as of the date of adoption hereof until new permanent regulations are prepared and adopted by
the City Council.
Notwithstanding the above, in accordance with Federal and State fair housing laws, this
ordinance also provides for reasonable accommodations in the City's zoning and land use
regulations, policies, and practices, during the term of this Ordinance or any extension thereof,
when needed to provide an individual with a disability an equal opportunity to use and enjoy a
dwelling.
Based on the findings set forth in this section, certain group residential uses pose 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 specified group
residential uses that may be inconsistent with new zoning standards currently being developed
until those revised standards can be established and adopted. 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 August 28, 2008 to July 15, 2009 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
15305, the City has determined that this activity is categorically exempt.
PASSED, APPROVED AND ADOPTED this 19th day of August 2008.
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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 19th day of August and was finally passed at the regular meeting of the City Council
of City of Diamond Bar held on the 19th day of August by the following vote:
AYES: Council Members: Chang, Herrera, Tye, MPT/Everett,
M/Tanaka
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
jd,
Tommye Clerk