HomeMy WebLinkAboutORD 02(2013)ORDINANCE NO. 0 2(2013)
AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO.
10(2012) PROHIBITING THE ISSUANCE OF PERMITS FOR GUEST HOUSES AND
SECOND UNITS IN THE LOW DENSITY RESIDENTIAL (RL) ZONING DISTRICT 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. 10 (2012), adopted June 19,
2012, and subsequently extended by Ordinance No. 10A (2012) on July 17, 2012, is
hereby extended for one year.
SECTION 2. Purpose and Findings: Urgency. The City's -current provisions for
permitting guest houses and second units in the Low Density Residential (RL) zoning
district have the potential effect of causing the overcon ce ntration 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. The issuance of any permits for the
development of guest houses or second units in the RL zoning district priorto the adoption
of appropriate development standards could harm the City and its residents financially,
aesthetically, and by degrading quality of life, and would thus result in a current and
immediate threat to the public health, safety and welfare contemplated under Calfornia
Government Code Section 65858.
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 3. Permits Prohibited. 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
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or any extension thereof.
SECTION 4. 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 5. 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 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. California Environmental Quality Act Finding. This Urgency
Ordinance is not subject to the California Environmental Quality Act ("CEQA") because 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 15308 of the CEQA Guidelines (Actions by Regulatory Agencies for Protection of
the Environment).
PASSED, APPROVED AND ADOPTED this 21st day of May, 2013.
,tack Tanaka, Mayor
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I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Urgency Ordinance 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
21st day of May 2013, by the following vote:
AYES: Council Member: Chang, Herrera, Tye,MPT/Everett,
M/Tanaka
NOES: Council Member: None
ABSTAIN: Council Member: None
ABSENT: Council Member: None
ATTEST:
Tommye tribbins, City Clerk
City of Diamond Bar
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