HomeMy WebLinkAboutORD 03 (2011)ORDINANCE NO.03 (2011)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT
TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE
ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON
THE PARCELS ON THE NORTHWEST CORNER OF THE SR60/GRAND
AVENUE INTERCHANGE, AND DECLARING THE URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. Purpose and findings. In 2008, the former Diamond Bar Honda
vacated its location at the northwest corner of the Grand Avenue/SR60 interchange. With
the exception of a Burger King restaurant also located on the premises, the location
remains vacant at the time of this ordinance, and the City has recently received a variety of
inquiries regarding possible uses of the location.
The City is currently studying new development standards and zoning for the vacant
dealership site. Because of its prominent, freeway -adjacent location, proper development
of the site is critically important to the City for reasons including, but not limited to,
aesthetics, services available to Diamond Bar residents, and economic impacts on
residents and the City itself. It is likely that zoning standards for the site will change as a
-- result of this update. Due to the recent inquiries, 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 facilities and uses
on the site 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 any uses or facilities on the parcels in the
City of Diamond Bar more commonly known as the former site of Diamond Bar Honda,
located northwest of the Grand Avenue/SR60 interchange, with street addresses of 525
and 527 Grand Avenue (APNs 8719-020-001, 8719-020-006 and 8719-020-007) (the
"Site"), 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 any new facilities or uses shall be approved or issued for the Site during the pendency
of this Ordinance or any extension thereof.
SECTION 3. 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 4. 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,
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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 5. Urgency. Based on the findings set forth in Section 1 hereof, the
potential uncontrolled development of the site poses 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 facilities or 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.
PASSED, APPROVED AND ADOPTED this 1st day arch, 2011.
Mayor
I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Urgency Ordinance was introduced, and Adopted at a regular meeting of the
City Council of the City of Diamond Bar, California, held on the 1st day March , 2011,
by the following vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED:COUNCIL MEMBERS: None
ATTEST:
Tommye ribbins, City Clerk
City of Diamond Bar