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Home My WebLink AboutORD 05(2013). CITY COUNCIL ORDINANCE NO. 05(2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING A DEVELOPMENT CODE AMENDMENT (PLANNING CASE NO. PL2013-22) TO REVISE TABLES 2-5 AND 2-6 OF SECTION 22.10.030 OF THE DIAMOND BAR MUNICIPAL CODE A. RECITALS 1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code which contains the Development Code is now currently applicable to development applications within the City of Diamond Bar. 3. Administering the. Development Code for over 10 years demonstrated that certain clarifications and modifications are warranted based on the City's experience. 4. The City of Diamond Bar has reviewed a request by Ryan Farsai to amend the Development Code to clarify the 150 -foot distance separation requirement between gas station convenience stores that sell alcoholic beverages and schools. The Development Code defines "school" very broadly, and includes not only grade schools, but also such uses as martial arts studios, vocational schools and traffic schools. The proposed development code amendment will limit the distance. separation requirement to public and private elementary, middle and high schools. Making provisions for narrowing the distance criteria furthers the intent of the office and commercial zoning districts. 5. On February 26, 2013, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and. concluded the public hearing. At that time, the Planning Commission adopted Resolution No. 2013-04 recommending that the City Council adopt Development Code Amendment Planning Case No. PL2013-22. 6. On June 7, 2013, public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and the notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to California Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On June 7, 2013, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied; and 7. On June 18, 2013, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. 8. Following due consideration of the public testimony, staff analysis, and the Planning Commission's recommendation, the City Council finds that the Development Code Amendment set forth herein is consistent with the General Plan. 9. The City Council hereby finds that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment) and Section 15378(b)(5) (administrative activities of governments that will not result in direct or indirect physical changes in the environment), therefore, no further environmental review is required. 10. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth above; there is no evidence before this City Council that the Development Code Amendment proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: Section 22.10.030 TABLES 2-5 AND 2-6 Commercial/Industrial zoning district land uses and permit requirements. Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 2 NACCSTAFF16.6a.doc IF-11.3#WM ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Permit Requirement by District See Standards in LAND USE OP OB 3 CO Section: RETAIL TRADE USES Alcoholic beverage sales, off- site, in conjunction with the sale CUP CUP CUP CUP of motor fuel (5) of motor fuel (3) TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Section 22.10.030 Table 2-5, footnotes pertaining to permit requirements. Article li, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by revising the following note regarding the distance criteria: (5) Shall be a minimum of 150 feet, measured from the nearest property lines, from any public or private elementary, middle or high school as defined by Education Code Section 49430 or any equivalent private school performing the function of such schools. Section 22.10.030 Table 2-6, footnotes pertaining to permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by revising the following note regarding the distance criteria: (3) Shall be a minimum of 150 feet, measured from the nearest property lines, from any public or private elementary, middle or high school as defined by Education Code Section 49430 or any equivalent private school performing the function of such schools. PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JULY 2013, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. NACCSTAFR6.6a.doc Permit Requirement by District See Standards LAND USE 1 C-1 C-2 C-3 1 in Section: RETAIL TRADE USES Alcoholic beverage sales, off- site, in conjunction with the sale CUP CUP CUP of motor fuel (3) Section 22.10.030 Table 2-5, footnotes pertaining to permit requirements. Article li, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by revising the following note regarding the distance criteria: (5) Shall be a minimum of 150 feet, measured from the nearest property lines, from any public or private elementary, middle or high school as defined by Education Code Section 49430 or any equivalent private school performing the function of such schools. Section 22.10.030 Table 2-6, footnotes pertaining to permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by revising the following note regarding the distance criteria: (3) Shall be a minimum of 150 feet, measured from the nearest property lines, from any public or private elementary, middle or high school as defined by Education Code Section 49430 or any equivalent private school performing the function of such schools. PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JULY 2013, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. NACCSTAFR6.6a.doc i Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June, 2013, and was finally passed, at a regular meeting of the City Council held on the 16th day of July, 2013, by the following vote: AYES: Council Members: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None 4 Tommyel Cribbins, City Clerk City of Diamond Bar NACCSTAFFl6.6a.doc