Loading...
HomeMy WebLinkAboutORD 01 (2009)ORDINANCE NO. 01 (2009) 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, and subsequently extended by Ordinance No. 2A adopted on March 4, 2008, is hereby extended for one year. Section 2. Permit Issuance. 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. Section 3. Definitions. For purposes of this entertainment or specified congregation facility or use" include the following: Clubs, lodges and private meeting halls Computer services/network gaming centers Indoor amusement/entertainment facilities Bars and nightclubs Ordinance, an "amusement, shall be defined as and shall 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 (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 5. 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 6. Purpose and Findings: Urgency. Prior to adoption of this Urgency Ordinance, the establishment of amusement, entertainment and other specified congregation uses and facilities was permitted in the commercial and office zoning districts subject to compliance with applicable development standards and approval of a conditional use permit. The City 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 and specified congregation facilities. However, due to the extensive research required to perform the study and sudden staffing changes, additional time is needed to perform a thorough analysis for 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 one year from February 4, 2009 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 or any other City code, ordinance, resolution or policy. Section 8. 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 3rd day of February, 2009. Ron Everett, 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 3`d day of February and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the 3rd day of February by the following vote: AYES: Council Members: Chang, Tanaka, Tye, M/Everett NOES: Council Members: None ABSENT: Council Members: MPT/Herrera ABSTAIN: Council Members: None '1 ommye Cribbins City Clerk