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HomeMy WebLinkAboutOrd 838 ORDINANCE NO. 838 GENERAL PLAN AMENDMENT NO. 17-003 CHANGE OF ZONE NO. 17-004 CONDITIONAL USE PERMIT NO. 18-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 17-003, CHANGE OF ZONE NO. 17-004 AND CONDITIONAL USE PERMIT NO. 18-008 WHEREAS, the City of the Cathedral City, California ("City") is requesting that the City take the following actions on the subject property of Lot Line Adjustment No. 2016- 484, also known as Assessor Parcel No. 680-190-038: • General Plan Amendment from RM (Medium Density Residential) to CG (General Commercial); • Change of Zone from R-2 (Multiple Family Residential) to PCC (Planned Community Commercial); WHEREAS, the City, acting as Lead Agency, has determined that General Plan Amendment ("GPA 17-003"), Change of Zone No. 17-004 ("CZ 17-004) and Conditional Use Permit No. 18-008 ("CUP 18-008") will not have a significant impact on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15311, Class 11 of the State CEQA Guidelines WHEREAS, following a duly noticed public hearing on February 19, 2020, the Cathedral City Planning Commission recommended that the City Council approve GPA 17-003, CZ 17-004 and CUP 18-008 and the associated exemption to the California Environmental Quality Act (CEQA) pursuant to Section No. 15311, Class 11 of the State CEQA Guidelines. WHEREAS, following a duly noticed public hearing on March 25, 2020, the City Council of Cathedral City recommended that the City Council approve GPA 17-003, CZ 17-004 and CUP 18-008 and the associated exemption to the California Environmental Quality Act (CEQA) pursuant to Section No. 15311, Class 11 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; 1 (b) The Staff Reports; (c) Staff presentation at the public hearing conducted at the Planning Commission Meeting held on February 19, 2020 and the City Council Meeting held on March 25, 2020; (d) 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 public hearing conducted at the Planning Commission Meeting held on February 19, 2020 and the public hearing conducted at the City Council Meeting held on March 25, 2020; and; (e) 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 February 19, 2020 and the public hearing conducted at the City Council Meeting held on March 25, 2020. Section 2. CEQA That the City of Cathedral City acting as lead agency has determined that General Plan Amendment No. 17-003, Change of Zone No. 17-004 and Conditional Use Permit No. 18- 008 is exempt from CEQA pursuant to Section No. 15311, Class 11 of the CEQA Guidelines, which allows for the construction or replacement of minor structures accessory to existing commercial facilities such as small parking lots to be exempt. Section 3. 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 4. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after certification. Section 5. 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 5. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on April 8, 2020, by the following vote: Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar Noes: None Abstain: None Absent: None 1111110,_ Jo n A guilar, ' or ATTEST: A"PROVED Ait FORM: r }AktAiv,rype,,, Tracey R. artinez Eric Vail City Clerk City Attorney 3