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HomeMy WebLinkAboutORD 07(2012)UORDINANCE NO.07 (2012)U 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 SR601GRAND 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. Diamond Bar Honda was an automotive dealership that occupied premises located at the northwest corner of Grand Avenue/State Route 60 interchange, with the remainder of the property perimeter bounded by Old Brea Canyon Road. In 2008, Diamond Bar Honda vacated the premises. With the exception of a Burger King restaurant also located on the premises, the location remains vacant at the time of this ordinance. Coincident to the closure of Diamond Bar Honda, the California Department of Transportation (Caltrans) commenced the preparation of plans to construct a direct westbound on-ramp to SR 60 at the Grand Avenue interchange, immediately adjacent to the premises. The current design proposed for this on-ramp will require the acquisition of approximately 0.71 acres of the southern portion of._the premises (which will result in the removal of a freeway -oriented pylon sign that provides critical freeway visibility for any businesses occupying the premises) and the elimination of at least one of its two drive approaches along Grand Avenue. Sight distance and lane geometry issues still being studied may require the elimination of both existing driveways along the Grand Avenue frontage of the premises, completely eliminating vehicular access to the premises from this major arterial roadway. Under an agreement between the City of Diamond Bar and the City of Industry, the loss of acreage to accommodate the aforementioned on-ramp would be offset by the vacation and granting of right-of-way to the premises, which would result from the realignment of Old Brea Canyon Road in conjunction with the construction of a National Football League stadium planned to the northwest of the premises, in the City of Industry. However, because a competing stadium project was subsequently proposed in downtown Los Angeles, it remains uncertain as to whether the Industry stadium project will come to fruition. If the Industry stadium project is not developed, then the land area of the premises formerly occupied by Diamond Bar Honda will then be reduced by approximately 0.71 acres. The City is currently studying new development standards and zoning for the vacant dealership site. Because of the uncertainty regarding theJinal size, configuration and access to the former Diamond Bar Honda premises, the viability of the site to attract stable land uses that will benefit both the property owners and the City of Diamond Bar is unclear at this time. Because of its prominent, freeway -adjacent location, proper Page I of 3 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. 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, 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. Page 2 of 3 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 3rd day of April, 2012. n ang Ma 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 3rd day of April 2012, by the following vote'. AYES: Council Member: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None t a Tomm e Cribbins, City Clerk City of Diamond Bar Page 3 of 3