HomeMy WebLinkAboutOrd 815 ORDINANCE NO. 815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, APPROVING SPECIFIC PLAN
AMENDMENT NO. 95-53A.
WHEREAS, Specific Plan No. 95-53, more commonly referred to as the Auto
Center Specific Plan ("ACSP"), was adopted by the City Council of the City of Cathedral
City by Ordinance Number 416 on July 12, 1995; and
WHEREAS, the ACSP provides for two "combining districts", (1) New Car Sales
and Service District and (2) Automotive-Related Compatible Commercial District; and
WHEREAS, the subject six parcels are located within the Automotive-Related
Compatible Commercial District of the ACSP; and
WHEREAS, Specific Plan Amendment No. 95-53A ("SPA 95-53K) proposes to
amend the Specific Plan boundaries to remove the subject six parcels from the ACSP,
and return them to the underlying PCC (Planned Community Commercial) zoning
district; and
WHEREAS, the City, acting as Lead Agency, prepared an Initial Study that
determined that SPA 95-53A would not have a significant impact on the environment
with the implementation of mitigation measures, and a Mitigated Negative Declaration is
appropriate; and
WHEREAS, following a duly noticed Public Hearing on August 15, 2018, the
Cathedral City Planning Commission voted 2-2 on a motion to recommend that the City
Council approve the Mitigated Negative Declaration and Mitigation Monitoring and
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Reporting Program (MMRP) and SPA 95-53A.
WHEREAS, following a duly noticed Public Hearing on September 26, 2018, the
City Council of Cathedral City approved this Ordinance approving SPA 95-53A and the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(MMRP).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. EVIDENCE
The City Council has considered all of the evidence submitted into the
administrative record in approving this Ordinance including, but not limited to,
the following:
(a) Cathedral City General Plan and Cathedral City Municipal Code;
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(b) The Auto Center Specific Plan (Specific Plan No. 95-53);
(c) The Initial Study supporting a Mitigated Negative Declaration;
(e) The Staff Reports;
(f) The Staff presentation at the public hearings conducted at the Planning
Commission meeting held on August 15, 2018 and the City Council
meeting held on September 26, 2018;
(g) Testimony and/or comments from interested parties submitted to the City
in both written and oral form at, or prior to, the Public Hearing conducted
at the Planning Commission meeting held on August 15, 2018 and the
City Council meeting held on September 26, 2018; and
(i) Public Comments, both written and oral, received and/or submitted at, or
prior to, the Public Hearing conducted at the Planning Commission
meeting held on August 15, 2018 and the City Council meeting held on
September 26, 2018; supporting and/or opposing the Staff
recommendation.
Section 2. FINDINGS
The City Council has considered all of the evidence submitted into the
administrative record for the proposed Auto Center Specific Plan Amendment
and bases its action to adopt this Ordinance approving the Specific Plan based
on the following findings:
(a) The proposed Specific Plan Amendment is supported by the property
owners of the six parcels;
(b) The proposed Amendment would return the subject parcels to the existing
underlying zoning and regulations of the PCC (Planned Community
Commercial) zoning district, which would be consistent with the existing
PCC zoning and uses of the surrounding areas;
(c) The PCC zoning district is consistent with the current CG (General
Commercial) General Plan land use designation; and
(d) The proposed Amendment would permit a much wider variety of
commercial uses, thereby, improving the economic viability of the subject
parcels
Section 3. SPECIFIC PLAN 95-53 MAPS (EXHIBITS "A" AND "B")
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Exhibits "A" and "B" of the ACSP are hereby amended to remove the subject six
parcels, as shown on Attachment 2 (Specific Plan Amendment Map) of the staff report,
from the boundaries of the Specific Plan.
Section 4. SEVERABILITY
The City Council declares that should any provision, section, paragraph,
sentence, or word of this 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 adopted, shall remain in full force and effect.
Section 5. EFFECTIVE DATE
This Ordinance shall be not become effective until no fewer than 30 days after
the second reading of this Ordinance.
Section 6. POSTING
Within 15 days after its passage, the city clerk shall cause each ordinance to be
published at least once, with the names of those city council members voting for and
against the ordinance, in a newspaper of general circulation published and circulated in
the city, or if there is none, he or she shall cause it to be posted in at least three public
places in the city or published in a newspaper of general circulation printed and
published in the county and circulated in the city. A summary must be prepared and
sent to the Desert Sun.
Section 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on October 10, 2018, by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor
Henry
Noes: None
Abstain: Mayor Pro Tem Pettis
Absent: None
an Henry, Mayo
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ATTEST: .:;
Gary F. Howell y
City Clerk
APPROVED AS T ORM:
Eric Vail
City Attorney
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