HomeMy WebLinkAboutORD 04B (2009)ORDINANCE NO. 04B (2009)
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, and
subsequently extended by Ordinance No. 4A (2008) on August 19, 2008, is hereby extended for one
year.
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 (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 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: 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 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. 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 (1) year from July 15, 2009.
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. According 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 7th day of July 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 19th day of August and was finally passed at the regular meeting of the City Council of City of
Diamond Bar held on the 7th day of July by the following vote:
AYES: Council Members: Chang, Tanaka, Tye, MPT/Herrera, M/Everett
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
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Tom ye C.ribbins, City Clerk