HomeMy WebLinkAboutORD 10 (2012)ORDINANCE NO. 10 (2012)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR
PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING
THE ISSUANCE OF PERMITS FOR GUEST HOUSES AND SECOND
UNITS IN THE RL ZONING DISTRICT AND DECLARING THE
URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows.-
SECTION
ollows:
SECTION 1. Purpose and findings. The City's current provisions for permitting guest
houses and second units in the RL zoning district have the potential effect of causing
the overconcentration of these land uses in certain neighborhoods, and fundamentally
transforming the character of these neighborhoods from single-family to multi -family.
Moreover, the ongoing foreclosure crisis has created the opportunity for investors to
purchase bank -owned properties and construct guest houses or second units on such
properties to enhance their rental revenue potential, and thus accelerate this
transformation. The secondary impacts of these land uses, particularly pertaining to
size, bulk, lot coverage, noise, traffic, parking and law enforcement can be more
adequately addressed following review and updating of the City's current regulations.
The City is currently studying new development standards and locational criteria for
guest houses and second units 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 character of the neighborhoods in which they are located. 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.
SECTION 2. The issuance of permits for new guest houses or second units in
the RL zoning district 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 guest houses or second units shall be
approved or issued in the RL zoning district 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
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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
continued development of guest houses or second units in the RL zoning district pose 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
guest houses or second units that may be inconsistent with new zoning standards
currently being developed until those revised standards 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 6. 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,
SECTION 7. This Urgency Ordinance is not subject to .the California
Environmental Quality Act ("CEQA") because the proposed code amendment will not
result in a direct or reasonably foreseeable indirect physical change in the environment
(Section 15060(c)(2) of the CEQA Guidelines) and this ordinance is covered by the
general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines);
moreover, this ordinance is also exempt from CEQA pursuant to Section 15305 of the
CEQA Guidelines (minor alterations in land use).
PASSED, APPROVED AND ADOPTED this 19th day of June, 2012.
- En ng Mayor
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1, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Urgency Ordinance was introduced at a regular meeting of the City Council of
the City of Diamond Bar held on the 19th day of June, 2012 and Passed, Approved and
Adopted by the City Council of the City of Diamond Bar by the following vote:
AYES: COUNCIL MEMBERS: Everett, Tye, MPT/Tanaka, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Herrera
ABSTAINED: COUNCIL MEMBERS: None
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Tommye Cridbins, City Clerk
City of Diamond Bar
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