HomeMy WebLinkAboutPC 97-18+rya..F... 1,4.,4yUlao-._ -- — ��----- —___— _--
PLANNING COMMISSION
RESOLUTION NO.'97-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF -
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ADOPT AN ORDINANCE ESTABLISHING
DETAILED ZONING AND LAND USE REGULATIONS AND DEVELOPMENT
STANDARDS (CASE NO. ZCA 97-1) AND NEGATIVE DECLARATION
(ND) 97-3.
A. RECITALS.
1. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 22 of
the Los Angeles County Code contains the Planning and
Zoning Code of the County of Los Angeles now currently
applicable to development applications within the City of
Diamond Bar. '
2. 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.
3. The City of Diamond Bar has determined ,that the existing
zoning and development standards contained within the
County of Los Angeles Planning and Zoning Code are
outdated and ill-suited to meet the City's needs in terms
of the type and quality of development envisioned by the
General Plan.
4. The Planning Commission of
conducted duly noticed public
Draft Diamond Bar Development
were held on: July 22, 1997;
1997; August 12, 1997; August
September 2, 1997; September
September 23, 1997; October 1
November 12, 1997; November
1997.
the City of Diamond Bar
hearings with regard to the
Code. The public hearings
July 29, 1997; August 5,
19, 1997; August 26, 1997;
i, 1997; September 9, 1997;
4, 1997; October 27, 1997;
25, 1997 and December 9,
5. The Planning Commission considered, individually and
collectively, the six draft articles comprising the City
of Diamond Bar's Draft Development Code. The Draft
Development Code established under the authority of
Government Code Section 65850 includes six articles,
specifically:
1
I. Purpose and Applicability of the Development Code;
II. Zoning Districts and Allowable Land Uses;
III. Site Planning and General Development Standards;
IV. Land Use and Development Permit Procedures;
V. Development Code Administration;
VI. Definitions.
6. The Planning Commission, after due consideration of
public testimony, staff analysis and the Commission's
deliberations has determined that the Draft Development
Code attached hereto as Exhibit "A" and incorporated by
reference into this Resolution implements the goals,
objectives and strategies of the General Plan. The
Planning Commission has duly considered these issues so
as to meet the City's needs in terms of the type of
development envisioned by the General Plan.
7. Adult-oriented Business regulations are included within
this Development Code. The Planning Commission takes
legislative notice of the existence, content and findings
of the following studies concerning the adverse secondary
effects of sexually oriented businesses: New York, New
York (1994); Garden Grove, California (1991); Seattle,
Washington (1989); Austin, Texas (1986); Oklahoma City,
Oklahoma (1986); Indianapolis, Indiana (1984)_; Houston
Texas (1983); Beaumont, Texas (1982); Minneapolis,
Minnesota (1980); Phoenix, Arizona (1979); Whittier,
California (1978); Amarillo, Texas (1977); Clevland, Ohio
(1977); Los Angeles, California (1977).
The Planning Commission also takes legislative notice of
the facts set forth in numerous reported court opinions
regarding the adverse secondary effects of sexually
oriented businesses. See e.q. California v. La Rue, 409
U.S. 109 (1972) describing on -premises sexual contacts,
between sexually oriented business customers and
entertainers as well as on -premise occurrence of
prostitution).
The Planning Commission finds that these studies and
court opinions are, in whole or in part, relevant to the
potential problems addressed by the City of Diamond Bar
in enacting this ordinance. The Planning Commission
further finds that these studies and court opinions
provide convincing evidence that sexually oriented
businesses generate adverse secondary effects including,
but not limited to: depreciation of property values;
increased vacancy rates in residential and commercial
areas; increased criminal activity; increased litter,
noise and vandalism; and interference with the enjoyment
of -residential property in the vicinity of such
businesses.
In accordance with Renton v. Playtime Theaters, Inc., 475
L
U.S. 41 (1986), the Planning Commission has relied on
these studies and court opinions, in whole or in part, in
enacting these regulations. The purpose of these
regulations is to regulation sexually oriented businesses
in a manner which eliminates or mitigates the adverse
secondary effects on the community noted above.
The Planning Commission recognizes that non -obscene
sexually oriented materials are constitutionally
protected. In enacting these regulations the City does
not intend to restrict or deny access by adults to such
materials, nor to deny the distributors and exhibitors of
such materials to their targeted market.
The Planning Commission finds that the zone limitations
and separation requirements contained within these
regulations provide a reasonable opportunity for sexually
oriented businesses to operate within the City. In the
establishment of these criteria, the Planning Commission
has considered their effects on the number and
suitability of locations for sexually oriented
businesses.
In enacting the sexually oriented regulations contained
within these regulations, the Planning Commission
declares that the regulations are licensing provisions
and do not create or regulate a criminal offense. The
City has not provided a criminal penalty for violations
of these regulations. The City adopts the regulations
only as a condition of issuance and maintenance of a
adult-oriented business permit or entertainer permit.
Violation of these regulations shall not be grounds for
criminal prosecution.
8. All legal prerequisites to the adoption of this
resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
follows:
1. This Planning Commission hereby specifically finds
that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. -The Planning Commission hereby recommends that the
City Council adopt the Draft Development Code for
the City of Diamond Bar attached hereto as Exhibit
"A" and incorporated herein by reference.
3. The Planning Commission hereby determines that there
is no substantial evidence that the Draft
Development Code will have a significant effect on
the environment and therefore a Negative Declaration
(ND 97-3) has been prepared, pursuant to the
requirements - of the California Environmental
Quality Act of 1970, as amended, and the guidelines
promulgated thereunder, pursuant to Section 15070 of
Article 19 of Chapter 3 of Division 13 of Title 14
of the California Code of Regulations.
4. The Planning Commission hereby specifically finds
and determines that, having considered the record as
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a whole including the findings set forth below,
there is no evidence before this Planning Commission
that the Development Code proposed herein will have
the potential of an adverse effect on wildlife
resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of
Adverse effects contained in Section 753.5 (d) of
Title 14 of the California Code of Regulations.
5. The Planning Commission finds and determines that
the Development Code is consistent with and
implements the goals, objectives and strategies of
the City of Diamond Bar General Plan.
The Secretary of the -Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Transmit a certified copy of this resolution .to the City
Council forthwith.
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997,
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Joe e'Ruzicl Chairman
I, James DeStefa Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted by the Planning Commission of the City of Diamond Bar,
at a regular meeting of the Planning Commission held on the 9TH day
of December 1997, by the following vote:
AYES: COMMISSIONERS: Ruzicka, McManus,
Goldenberg, Fong
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: T -
t
ATTEST:
_
times De St ''ano, Secretary
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