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HomeMy WebLinkAboutORD 03A-2011ORDINANCE NO. 03A (2011) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 03 (2011) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE PARCELS ON THE NORTHWEST CORNER OF THE SR60/GRAND AVENUE INTERCHANGE IN ACCORDANCE WITH 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. 03 (2011), adopted March 1, 2011, 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. 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. 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 Page 2 of 2 be in full force and effect for a period of 10 months and 15 days from April 15, 2011 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 5th day of April, 2011. Ste ye, Mayor I, Tommye Cribbins, 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 held on the 5`" day of April, 2011 by the following vote: AYES: Council Members: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST / Tommy Cribbins, City Clerk City-of,Diamond Bar