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Home My WebLink AboutORD 01(2014)ORDINANCE NO. 01(2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE- "C-3-PDIHOTEL" OVERLAY ZONING DISTRICT AND AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM "C-3" TO "C -3 -PD1 HOTEL OVERLAY" ON THOSE PARCELS IN THE CITY OF DIAMOND BAR BOUNDED BY GRAND AVENUE, OLD BREA CANYON ROAD AND CALIFORNIA STATE ROUTE 57160 (APNs 8719-020-001, 8719-020-006. AND 8719-020-007), A. RECITALS The intent of the C-3-PD/Hotel Overlay Zoning District ("Overlay") is to promote and facilitate the orderly redevelopment of a prominent, freeway offramp- adjacent site, formerly occupied by an automobile dealership, in a manner consistent with the City Council's adopted Goals and Objectives, most notably the Fiscal Responsibility/Economic Development goal which states, "(i)dentify specific development opportunities and develop Specific Plans to revitalize the Kmart and Honda property areas in a way that provides the greatest net benefit to the community." Because of the commercial development opportunities afforded to the Overlay as a result of its accessibility to the highest traffic volumes in the City, and in furtherance of the Council's Goals and Objectives, careful land use planning is critically important to help ensure that those opportunities are attained and maximized. The City Council of the City of Diamond Bar finds that, based on the criteria set forth in the City Council's Goals and Objectives, the highest and best use for the Overlay is a hotel. As such, any land use plan formulated for the Overlay shall include a hotel as the primary use. The product type, size and configuration of the hotel shall be determined through careful market analysis and the developer's proposal. Secondary uses will be considered by the City for approval if such uses support hotel operations, or for which the market analysis demonstrates that such secondary uses are necessary to make the costs of constructing and operating a hotel financially feasible. The establishment of the Overlay is exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQA Guidelines Sections 15061(b)(3), in that the Overlay does not expand the range of uses already identified as permitted or conditionally permitted in the underlying C-3 zone. " de B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. Pursuant to Municipal Code Chapter 22.14, the C-3-PD/Hotel Overlay Zoning District is hereby created. 2. The Official Zoning Map is hereby amended to change the zoning designation of the parcels described in the title of this Ordinance and depicted in the attached Exhibit A-2, to C-3-PD/Hotel, as shown in the attached Exhibit A-1. 3. A new Section 22.14.040 shall be added to the Municipal Code governing the use and development of land within the Overlay as set forth in the attached Exhibit B. 4. Table 2-1 in the Municipal Code shall be revised to add the C-3-PD/Hotel to the Overlay Districts, as follows: Overlay Districts PD Planned Development All C-3-PD/Hotel (2) Hotel Overlay General Commercial Notes: (2) See Section 22.14.040 and Chapter 22.32 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law- -2- PASSED, APPROVED AND ADOPTED THIS 4th DAY OF February 2014, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Carol Herrera, Mayor 1, 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 Dimond Bar held on the i1 Gt day of ja n„ a rW , 2014 and was finally passed at a regular meeting of the City Council held on the 4th day ofFebruary, 2014, by the following vote: AYES. Council Members: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST: T6mmye Cdbbins City Clerk -3- APPROVED AS TO FORM: EXHIBIT "A -1'r I1 City Boundary Rlt High Density Residentiaf Zoning - aSroA PH -30' High Density Residential -30 unitslacre AG Agricultural RL: Low Density Residential G9: Neighborhood CoWmemlal ., - RLM: Low Medium Densely Residential C-2 Com munily Commercial '"��RM: Medium Density Resldentlal - C-3: Regional Commercial RMH; Medlnln High Donshy Residential - CO; commerolal Once -. RR: Rural Residential h Light Industry ..__ _ SP-Specifo Plan Overlay OB: Office, Busmess Pack SUB-PA3: Pianaing Area 1 OP: Office, Professional _ - SIJB-PAZ Planning Areal OS: Open Space! Conservation SUB-PA3: Planning Area 3 - RflC Recreation - SUB -Pi Planning Area 4 Zoning Map DM11 1)�"D 1 � 1 EXHIBIT "A-2" Parcels Comprising the C-3-PD/Hotel Overlay Zoning District (Assessor's Parcel Nos. 8719-020-001, 06 & 07) Q� lEq, Nr z-�— 4 U u A � W -5- EXHIBIT B See. 22.14.040. Adopted PD Overlay Districts (a) C -3 --PD Hotel Overlay. (1) Purpose, The intent of the C-3-PD/Hotel Overlay ("Overlay") is to promote and facilitate the orderly redevelopment of a prominent, freeway offramp-adjacent site, formerly occupied by an automobile dealership, in a manner consistent with the City Council's adopted Goals and Objectives, most notably the Fiscal Responsibility/Economic Development goal which states, "(i)dentify specific development opportunities and develop Specific Plans to revitalize the K -Mart and Honda property areas in a way that provides the greatest net benefit to the community." Because of the commercial development opportunities afforded to the Overlay as a result of its accessibility to the highest traffic volumes in the City, and in furtherance of the Council's Goals and Objectives, careful land use planning is critically important to help ensure that those opportunities are attained and maximized. The City Council found that the highest and best use for the Overlay is a hotel. As such, any land use plan formulated for the Overlay shall include a hotel as the primary use. The product type, size and configuration of the hotel shall be determined through careful market analysis. Secondary uses will be considered by the City for approval only if such uses support hotel operations, or for which the market analysis can demonstrate that such secondary uses are necessary to make the costs of constructing and operating a hotel financially feasible. (2) Existing buildings. a. "Existing buildings" are defined as those buildings lawfully existing within the C-3- PD/Hotel Overlay on the effective date of this section. Existing buildings may be occupied by uses permitted or conditionally permitted in the C-3 district, unless such a use is expressly prohibited by this ordinance. b. The interiors of existing buildings may be retrofitted or renovated to accommodate such uses; however, no existing building may be enlarged, and no new buildings shall be established, except as set forth below. c. Exterior colors of existing buildings may be modified, subject to City approval, and exterior signs may be modified or replaced in accordance with Chapter 22.36 (Sign Standards). No other exterior structural or architectural modification to existing buildings shall be permitted, unless expressly authorized pursuant to an approved master development plan as set forth below. M (3) New development. a, A master plan for development shall be submitted to the City for review and approval prior to the issuance of grading or building permits for any construction resulting in additional floor area, and/or new floor area to replace buildings intended for demolition. The master plan shall include text, diagrams and any other exhibits as needed to fully define the scope of the plan. b. A market study prepared by a qualified economic analyst shall be utilized in the formulation of the master plan. The market study shall be utilized to assist in assessing the feasibility of the master plan. Factors to be evaluated in the market study shall include, but not be limited to: (i) Market scenarios for properties surrounding the Overlay. (ii) Evaluation of site capacity in order to estimate the physical limitations of the Overlay. (iii)Vehicle capacity of roads which will access the Overlay, including planned freeway and other relevant roadway expansions. (iv)Financial analysis incorporating estimates -of the development costs and projected revenues in order to assess developer returns (e.g., residual land value, internal rate of return, and return on total cost). (v) Highest and best use strategies capable of yielding the highest net benefit to the community consistent with financial feasibility and reasonable economic return. c. As provided under Chapter 22.14, the proposed master plan may include modifications to the development standards applicable to the underlying C-3 district. d. As specified in Chapter 22.14, the master plan proposal shall be submitted to the City as a Conditional Use Permit in accordance with procedures set forth in Chapter 22.48. Alternatively, the master plan may be submitted as a Specific Plan in accordance with the procedures set forth in Chapter 22.60. e. As a condition of master plan approval, building permits for the hotel shall be secured and construction of the hotel shall commence prior to the establishment of any approved non -hotel uses. Alternatively, the property owner(s) and City may enter into a development agreement pursuant to Development Code Chapter 22.62 which prescribes the terms under which occupancy of non -hotel uses may occur prior to commencement of hotel construction. The meaning of the term "commencement of construction" shall be precisely defined in the development agreement. (b) Non -codified overlays. Overlay districts not listed in this chapter which are identified on the official zoning map are incorporated herein by reference. -7-