HomeMy WebLinkAboutORD 06 (2008)CITY COUNCIL
ORDINANCE NO. 06(2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING DEVELOPMENT CODE AMENDMENT NO. 2008-01
AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE DIAMOND
BAR MUNICPAL 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 Eden Dongsan
Investments to amend the Development Code to permit limited educational
uses in the C-3 zone. Making provisions for limited educational uses furthers
the intent of the C-3 zone.
5. On October 14, 2008 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. 2008-30 recommending that the City Council approved Development
Code Amendment 2008-01.
6. On October 24, 2008, notice for this application was published in the Inland
Valley Bulletin and the San Gabriel Vallev 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 October 24,
2008, 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 November 4, 2008, 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), 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 22.080.030 TABLE 2-6 Commercial/Industrial zoning district land uses
and permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal
Code is hereby amended to read as follows:
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
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
GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc
Permit Requirement by District
See Standards
LAND USE 1
C-7
C-2
C-3L
'n Section:
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Schools -Specialized
education and training non-
CUP
CUP
�5�
CUP
degree
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
GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc
1
by adding the following note regarding limited educational uses:
(5) Educational classes/training programs as the primary use shall be limited
to the second floor and above with approval of a CUP. Ancillary classes in
conjunction with a permitted use shall require a CUP and be limited to
15% of a separately demised space occupied by a single tenant or 750
square feet, whichever is less.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF NOVEMBER 2008, BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Jack Tanaka, Mayor
I, Tornmye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 4th day of Novemhc r , 2008 and was
finally passed at a regular meeting of the City Council held on the 1 sth day of
November 2008, 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
FAA11 StafflCCSTAFFIDCA 2008-01 CC Ord 11-18-08.doc
Tommye Cribbins, City Clerk,
City of Diamond Bar