HomeMy WebLinkAboutOrd 757 ORDINANCE NO. 757
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CATHEDRAL CITY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858 IMPOSING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT, INSTALLATION,
PLACEMENT, CONSTRUCTION AND/OR EXPANSION OF ATTENDED
AND UNATTENDED COLLECTION DONATION BINS, TO TAKE
EFFECT IMMEDIATELY UPON ADOPTION
WHEREAS, in recent years, the City has seen a proliferation and concentration
of attended and unattended collection donation bins ("CDBs"); and
WHEREAS, CDBs are defined as portable, attended or unattended bins or
storage pods or containers for the reverse vending of salvageable personal property
including, but not limited to, furniture, household items, appliances, clothing, and books
and other such related items, installed on both private and public property; and
WHEREAS, many of the CDBs and the areas around the CDBs have not been
properly or consistently maintained, which has resulted in blighted conditions in many
areas of the City; and
WHEREAS, the CDBs often become a public nuisance as they attract graffiti,
scavenging and illegal dumping near and surrounding the CDBs; and
WHEREAS, the Cathedral City Municipal Code's stated policies and objectives
for future land use and development in the City is to promote the quality of the City's
neighborhoods and contains specific policies regarding the review of potential nuisance
activities and the alleviation of public nuisances; and
WHEREAS, the continued establishment, installation, placement, construction,
and/or expansion (collectively called "installation") of CDBs may result in potential
conflict with some of the policies and objectives of the Cathedral City Municipal Code;
and
WHEREAS, the City Staff desires to initiate a study of the effects of CDBs in the
City and a review of the regulatory mechanisms available to regulate CDBs, including
changes to the Municipal Code, to protect the public health, safety, and/or welfare from
the negative effects of CDBs; and
WHEREAS, until such time that the City concludes its review and possibly
adopts new regulatory controls, the installation of such CDBs and their resulting
negative effects will continue to pose a current and immediate threat to the public
health, safety and/or welfare; and
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WHEREAS, pursuant to Government Code Section 65858, a city may adopt an
interim ordinance prohibiting any uses that may be in conflict with a contemplated
general plan, specific plan, or zoning proposal that the legislative body, planning
commission or the planning department is considering or studying or intends to study
within a reasonable time; and
WHEREAS, for the reasons set forth above, this interim ordinance ("Interim
Ordinance") is declared by the City Council to be necessary for preserving the public
health, safety and/or welfare and to avoid a current, immediate and direct threat to the
health, safety and/or welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The recitals above are true and correct and are herein incorporated.
SECTION 2. PURPOSE AND INTENT
The purpose of this Interim Ordinance is to provide for the health, safety and
welfare of the City and its residents by exercising the police power provided for in the
California Constitution that underlies the City's zoning powers, so that CDBs in the City
are compatible with existing and future uses. To accomplish this, the City Council
intends to impose a temporary moratorium on the installation of any and all CDBs
and/or the issuance of any permits or licenses for the installation of CDBs, in order to
provide the City Staff, the City Council, and the residents of the City sufficient time to
consider a comprehensive ordinance regulating CDBs.
SECTION 3. APPLICABILITY
The provisions of this Interim Ordinance will apply to all CDBs, which means any
attended or unattended container, bin, box, bag, or similar receptacle that is located on
any lot, public or private, within the City that is used for soliciting and collecting donation
collections of any kind, including clothing, shoes, or other salvageable personal
property. CDBs will be subject to all the provisions as set forth below, unless otherwise
specified in this Interim Ordinance, notwithstanding other existing zoning provisions and
regulations of the City of Cathedral City.
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SECTION 4. TEMPORARY MORATORIUM
a. The Moratorium Applies To All Zoning Districts And Public Rights Of Way
Within The City.
Within all areas situated in the City of Cathedral City, State of California,
including, but not limited to, all public rights of way and each and every zone and zoning
district, there shall be a temporary moratorium in effect, commencing on the effective
date of this Interim Ordinance, prohibiting the installation of any and all CDBs described
above, and/or the issuance of permits for installation of such CDBs, notwithstanding
other existing zoning provisions and regulations of the City.
b. The City Staff May Continue To Process And Review Applications During The
Interim Ordinance; However, The City Is Prohibited From Issuing Or Denying
Any Permit Or License For A CDB During The Effective Term Of This Interim
Ordinance.
This Interim Ordinance is not intended to affect the processing and review of
permit applications for any and all CDBs described above by the City Staff- the City will
still process and review applications. However, the moratorium prohibits the issuance or
denial of any permits or licenses for or related to CDBs. The City Staff shall continue to
process and review such CDB permit applications. Any new standards for the permitting
and installation of CDBs which are adopted subsequent to the Interim Ordinance and
any extension thereof, shall nevertheless apply to the pending application. Any time
limits or mandatory approval of time frames relative to the processing and action upon
permit applications for any and all CDBs are tolled during the term of this Interim
Ordinance and any extension thereof.
SECTION 5. AUTHORITY AND FINDINGS
This Interim Ordinance is an interim zoning ordinance adopted as an urgency
measure pursuant to Government Code Sections 65858 to protect the public safety,
health and welfare by prohibiting land uses which may be in conflict with contemplated
general plan and zoning proposal which the City Staff intent to consider and study within
a reasonable time.
The City Council hereby finds that there is a current and immediate threat to
public health, safety and welfare resulting from the approval of business licenses, use
permits, variances, building permits, or any other applicable land use or zoning
entitlement or approval, for CDBs, and that such approvals and any further introduction
of CDBs into the City would result in a threat to public health, safety and welfare, for the
following reasons:
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a. CDBs are proliferating the City. Further, the City Council can reasonably
anticipate this trend to continue if swift action is not taken.
b. The installation of new CDBs will likely conflict with, and be incompatible
with, the established uses due to visual blight that will likely jeopardize residents' quiet
enjoyment of their homes and property, and also potentially devalue their homes and
property. Such disturbance could also have a dramatic effect on the peaceful
atmosphere that characterizes the City.
c. CDBs have become and are likely to continue to become a public
nuisance since they can become a target for scavenging, graffiti and illegal dumping.
d. CDBs have been and are likely to continue to be placed in inappropriate
or illegal locations such as code-required parking spaces, code-required setbacks, or
City rights of ways.
e. CDBs placed in parking lots can restrict sight-lines and affect vehicle
circulation and safety, including pedestrian safety.
f. For the aforementioned reasons, the City must further collect data and
study the effects that CDBs have in the community to ensure that they are compatible
with existing and future uses in designated areas.
SECTION 6. COUNCIL DIRECTION
The City Council hereby directs the City Staff to consider and study possible
means of regulating CDBs.
SECTION 7. WRITTEN REPORT REQUIRED
The written report required by Government Code Section 65858(d) shall be
prepared by City Staff and issued prior to the expiration of this Interim Ordinance.
SECTION 8. CEQA EXEMPTION
The City Council finds that, regarding the California Environmental Quality Act
(CEQA), there is no possibility that the adoption of this ordinance may have a significant
adverse effect on the environment [14 CCR 15061(b)(3)] because this Interim
Ordinance will reduce the possibility of such effects by limiting the range and intensity of
new uses possible in the areas it covers and restricting new uses to those of a type
which are more compatible with the established character of those areas.
SECTION 9. SEVERABILITY
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The City Council declares that, should any provision, section, paragraph,
sentence or word of this Interim Ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences or words of this
ordinance as hereby adopted shall remain in full force and effect.
SECTION 10. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Cathedral City Municipal Code as heretofore adopted by
the City of Cathedral City that are in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 11. EFFECTIVE DATE
This Interim Ordinance shall take effect immediately upon its passage. It shall be
of no further force and effect forty-five (45) days from its date of adoption unless
extended following a public hearing, as provided in Government Code Section 65858.
This 45-day period may be extended by the City Council in accordance with the
provisions of California Government Code Section 65858.
SECTION 12. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on May 13, 2015 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Stanley E. enry, May:
ATTEST:
Gary '. Ha el , y lerk
APPROVED AS TO FORM:
/
Charles R. Green, City Attorney
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