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Home My WebLink AboutORD 01(2013)ORDINANCE NO. 01 (2013) 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, and subsequently extended by Ordinance 07A(2012) on May 1, 2012, is hereby extended for one year. 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 (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 3. 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 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. 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 one of its two drive approaches along Grand Avenue. 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. Staff has begun working with an economic consultant on the preparation of a municipal highest and best use analysis of the Honda property in accordance with the Professional Services Agreement approved by the City Council on March 5, 2013. The study will provide the foundation for a land use strategy and new zoning regulations to guide the establishment of new uses that would support the goal of yielding the highest municipal returns, while generating sufficient private returns to be of interest to the private development community. Because of its prominent, freeway -adjacent location, proper development of the site is critically important to the City financially, aesthetically and for the provision of services to City residents. The market analysis is a .critical component to ensuring that the City adopt appropriate zoning regulations and that this property is developed in a prudent manner so as not to injure the public health, safety and welfare. The issuance of any permits for any development on the property without the benefit of the market analysis could harm the City and its residents financially, aesthetically and in the provision of services and thus would result in a threat to the public health, safety and welfare as further described in the March 5, 2013, staff report related to Agenda Item No. 6.7. Because of the time required to complete the market analysis and update the zoning regulations accordingly, 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. Page 3 of 3 PASSED, APPROVED AND ADOPTED this 2nd day of April, 2013. 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 2nd day of April, 2013 by the following vote: AYES: Council Members: Tye, MPT/Everett, M/Tanaka NOES: Council Members: crone ABSENT: Council Members: Chang, Herrera ABSTAIN: . Council Members: None ATTEST i Tommy6 Cribb,jns.; City Clerk