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HomeMy WebLinkAboutOrd 783 N . ORDINANCE O 783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. CATHEDRAL CITY, CALIFORNIA, TO AMEND THE TEXT OF THE MF- 4 ZONE IN PLANNING AREA 1.1 AND TO CHANGE THE ZONE IN PLANNING AREA 2 FROM R-6 to R-2 ("Actions"). WHEREAS, an application was initiated by the City of Cathedral City ("Applicant" and "City") for the approval of a Change of Zone under the provisions of the Cathedral City Municipal Code; and WHEREAS, Planning Area 1.1 of the Rio Vista Village Specific Plan consists of 18.10 acres and Planning Area 2.2 of the Rio Vista Village Specific Plan consists of 4.49 acres ("Project Area") as outlined in Exhibit 'A', which is attached hereto and incorporated by reference, and consisting of the following Assessor Parcels: 677-050- 018 and 677-050-023. WHEREAS, on September 21, 2016, the Planning Commission held a duly noticed public hearing on the proposed Zone Change, General Plan Amendment, and Specific Plan Amendment for the Rio Vista Village Specific Plan, and recommended that the City Council of Cathedral City adopt the Negative Declaration pursuant to the California Environmental Quality Act; and WHEREAS, at the conclusion of the Planning Commission's public hearing on September 21, 2016, and based on the findings supported by the administrative record, the Planning Commission recommended to the City Council of Cathedral City that the Project Area be rezoned; and WHEREAS, the City Council determines that the proposed rezoning of the Project Area contributes to the orderly development of the City; and WHEREAS, on October 26, 2016, the City Council held a duly noticed public hearing on the proposed rezoning and amendments within the Project Area and adopted the Negative Declaration pursuant to the California Environmental Quality Act; and WHEREAS, at the conclusion of the public hearing, and based on the findings supported by the administrative record, the City Council of Cathedral City determined that the Project Area should be rezoned; and 1 WHEREAS, the City Council concurs with the recommendations of the Planning Commission; and WHEREAS, the City Council finds and determines that rezoning of the Project Area is important to preserving the public health, safety, and welfare of all residents of the City. THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. FINDINGS The City Council incorporates the recitals hereinabove and finds and determines the following based on the evidence and records presented: A. The Project Area is suitable for the uses permitted in terms of access, size of property, and relationship to similar or related uses. B. Adequate City and other municipal services can be provided for future development. E. The Ordinance is in conformity with the General Plan and Specific Plan as amended; F. The Ordinance will implement the goals and objectives found in the Rio Vista Village Specific Plan and the General Plan as amended; and G. The Ordinance is necessary and proper at this time, and is not likely to be detrimental to the adjacent properties and residents. Section 2. PRE-ZONING AND ZONING MAP The "Zoning Map of the City of Cathedral City" is hereby amended to rezone the Project Area that includes approximately 18.10-acres (Planning Area 1.1) and 4.49 acres (Planning Area 2.2) of the Rio Vista Village Specific Plan that lie north of Verona Road and west of Landau Avenue in the City limits of Cathedral City. The Project Area consists of the following Assessor Parcels: 677-050- 018 and 677-050-023. 2 The Change of Zone would adopt the zoning designations found in the Rio Vista Village Specific Plan. The Zoning Map is attached hereto as Exhibit `B' and incorporated herein by this reference. Section 3. ENVIRONMENTAL DETERMINATION The City Council has read, reviewed, considered, and adopted the Negative Declaration and finds that the adoption and implementation of this Ordinance would have no significant effect on the environment. 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 OF ZONING DESIGNATION AND ZONING MAP CHANGES In accordance with Section 65859 of the Government Code, the rezoning designations and zoning map changes set forth in Section 2 of this Ordinance shall become the zoning classification of the real property as identified in Exhibit "B" and the "Zoning Map of the City of Cathedral City". 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 3 The foregoing Ordinance was introduced at the October 26, 2016, City Council Meeting and adopted by the City Council of the City of Cathedral City at its regular meeting held November 9, 2016, by the following vote: Ayes: Council Members Aguilar, Carnevale and Kaplan; Mayor Henry Noes: None Abstain: None Absent: Mayor Pro Tem Pettis Stanley E. 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