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HomeMy WebLinkAboutOrd 828 ORDINANCE NO. 828 SPECIFIC PLAN AMENDMENT NO. 87-26C CONDITIONAL USE PERMIT NO. 19-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 87-26C AND CONDITIONAL USE PERMIT NO. 19-002. WHEREAS, Specific Plan 87-26 was adopted by the City Council by Ordinance Number 260 on June 14, 1989; and WHEREAS, Specific Plan 87-26A was amended by the City Council by Ordinance Number 360 in June 17, 1992; and WHEREAS, Specific Plan 87-26A was amended by the City Council by Ordinance Number 633 in December 13, 2006; and WHEREAS, Specific Plan 87-26A was amended by the City Council by Ordinance Number 640 in February 28, 2007; and WHEREAS, the City, acting as Lead Agency, has determined that Specific Plan Amendment No. 87-26C ("SPA 87-26C") and Conditional Use Permit No. 19- 002 ("CUP 19-002") will not have a significant impact on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15601 (b) (3) of the State CEQA Guidelines; and WHEREAS, following a duly noticed public hearing on September 18, 2019, the Cathedral City Planning Commission recommended that the City Council approve SPA 87-26C and CUP 19-002 and the associated exemption to the California Environmental Quality Act (CEQA) pursuant to section 15601 (b) (3) of the State CEQA Guidelines; and WHEREAS, following a duly noticed public hearing on September 9, 2019 the City Council of Cathedral City approved this Ordinance approving SPA 87-26C and CUP 19-002 and the associated exemption to the California Environmental Quality Act (CEQA) pursuant to section 15601 (b) (3) of the State CEQA Guidelines. 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, including, but not limited to, the following: (a) Cathedral City Municipal Code and Cathedral City General Plan; (b) Specific plan Amendment No. 87-26C and Conditional Use Permit No. 19-002; (c) The Staff Reports; (d) Staff presentations at the public hearings conducted at the Planning Commission meeting held on September 18, 2019 and the City Council Meeting held on October 9, 2019; (e) Testimony and/or comments from interested parties, including the Applicant and its representatives, submitted to the City in both written and oral form at, or prior to, the Planning Commission meeting held on September 18, 2019 and the public hearing conducted at the City Council Meeting held on October 9, 2019; and (f) 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 September 18, 2019 and the public hearing conducted at the City Council Meeting held on October 9, 2019 supporting and/or opposing the staff recommendation. Section 2. OFFICIAL SPECIFIC PLAN TEXT The text of the Specific Plan is hereby amended as shown in Attachment 3 (Draft Specific Plan 87-26C). Section 3. CEQA The City Council finds that this Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to section 15601 (b) (3) of the State CEQA Guidelines. Section 4. SEVERABILITY If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Cathedral City hereby declare they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. Section 5. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after certification. Section 6. POSTING The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. Section 7. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on October 23, 2019, by the following vote: Ayes: 5 — Councilmembers Lamb, Gutierrez and Gregory; Mayor Pro Tern Aguilar and Mayor Carnevale Noes: None Abstain: None Absent: None � o:L Mark •.rnevale, v ayor ATTEST: APPROVED AS T•-FARM: Tracey R. Martinez Eric S. ail City Clerk City Attorney