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HomeMy WebLinkAboutORD 07(A) (2012)ORDINANCE NO. 07A(2012) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 07(2012) BAR PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE PARCELS ON THE NORTHWEST CORNER OF THE SR601GRAND 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. 07(2012), adopted April 3, 2012, 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. 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. Page 2 of 3 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 the final 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 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 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 1st day of May, 2012. es r Page 3 of 3 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 1ST day of May, 2012 by the following vote: AYES; Council Members: Everett, Herrera Tye, MPT/Tanaka, M/Chang NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST I ommye ribbins, City Clerk City of Diamond Bar