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Home My WebLink AboutOrd 732• CITY COUNCIL OF CATHEDRAL CITY ORDINANCE NO. 7RZ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, TO PRE-ZONE THE APPROXIMATE 591-ACRE PROJECT AREA (CZ 12-001) TO BE ANNEXED INTO THE CITY OF CATHEDRAL CITY WHEREAS, an application was submitted by SDC Ventura, LLC ("Applicant") to the City of Cathedral City, California ("City") for the approval of a Change of Zone under the provisions of the Cathedral City Municipal Code; and WHEREAS, the North City Extended Specific Plan Project Area ("Project Area") consists of approximately 591 acres as outlined in Exhibit 'A', which is attached hereto and incorporated by reference, and consisting of the following Assessor Parcels: 670-240-011, 670-240-012, 670-240-013, 670-240-014, 670-240-015, 670-240-016, 670-240-017, 670-250-013, 670-070-001, 670-080-007; and WHEREAS, the City Council desires to pre-zone the Project Area as outlined and identified in Exhibit `B'; and WHEREAS, the City is proposing this Ordinance pursuant to Section 9.02.060 of the City's Municipal Code, Section 65859 of the Government Code, as well as the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, as amended; and WHEREAS, on November 20, 2013 and on December 4, 2013, the Planning Commission held a duly noticed public hearing on the proposed annexation pre-zoning of the Project Area, General Plan Amendment, and North City Extended Specific Plan, and recommended that the City Council of Cathedral City certify the Final Environmental Impact Report pursuant to the California Environmental Quality Act; and WHEREAS, at the conclusion of the Planning Commission's public hearing on December 4, 2013, 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 pre-zoned; and WHEREAS, the City Council determines that the proposed annexation and pre-zoning of the Project Area contributes to the orderly development of the City; and WHEREAS, on January 15, 2014, the City Council held a duly noticed public hearing on the proposed annexation pre-zoning of the Project Area and certified the Final Environmental Impact Report pursuant to the California Environmental Quality Act; and 1 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 pre-zoned; and WHEREAS, at the conclusion of the public hearing, the City Council of Cathedral City approved the Resolution for the Applicant to apply to the Riverside Local Agency Formation Commission in order to allow the Applicant to proceed with annexation of the Project Area to the City; and WHEREAS, the City Council concurs with the recommendations of the Planning Commission; and WHEREAS, the City Council finds and determines that pre-zoning 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 annexation of the Project Area is a logical extension of the City boundary because it is contiguous and within the City's Sphere of Influence and contributes to the orderly development of the City. B. The annexation for the Project Area is consistent with the amended General Plan land use map because it implements the goals and policies of the underlying land use designations. The proposed annexation would not adversely impact and would enhance the achievement of the land use goals of the City's General Plan. C. The Project Area is suitable for the uses permitted in terms of access, size of property, and relationship to similar or related uses. D. Adequate City and other municipal services can be provided for the proposed annexation. E. The Ordinance is in conformity with the General Plan as amended; F. The Ordinance will implement the goals and objectives found in the North City Extended 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. 2 Section 2. PRE-ZONING AND ZONING MAP The "Zoning Map of the City of Cathedral City" is hereby amended to pre- zone the 591-acre Project Area that includes approximately 104-acres (Planning Area 3) that lies north of Varner Road and approximately 9 acres that lies on the east side of Bob Hope Drive (Planning Area 2). The balance of the Project Area (Planning Areas 1, 4, and 5) lies between Varner Road and Interstate 10 from Bob Hope Drive to the City limits of Cathedral City. The Project Area consists of the following Assessor Parcels: 670-240-011, 670-240-012, 670-240-013, 670-240-014, 670-240-015, 670-240-016, 670-240-017, 670-250-013, 670-070-001, 670-080-007 The Change of Zone would adopt the zoning designations found in the North City Extended 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 certified the Final Environmental Impact Report and finds that the adoption and implementation of this Ordinance would have a significant effect on the environment and a Statement of Overriding Considerations is required. 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 pre- zoning designation and zoning map changes set forth in Section 2 of this Ordinance shall become the zoning classification of the real property as identified upon completion of the Project Area's annexation to 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. 3 Section 7. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on February 12, 2014, by the following vote: Ayes: 6 —CvUv)et1 r -jeiL v5 i-1t'hvy Tc1e and Pe-HIS,),46Avlcir Pt/bre��vCF }1r; Noes: cir1c1 "6\40- Dekb36l Abstain:' Absent: -0 T-7/ ./Irkt thleen J. osa, Mayor ATTEST: APPROVED AS TO CONTENT: 41A' Gary How-II Leisa Lukes City Clerk Business Development Manager APPROVED AS TO FORM: / Charles R. Green City Attorney REVIEWED BY: • 4 Ao Ro• Wood \ r In erim C' anager 4 EXHIBIT `A' fi .•r _ t,C' , ' 7'1.,' ,•:. 4 Y<. .,., �- ".t�., 'I `\ _ t y` rns n - a i 1 s 'Y, 'MF Y a .11., . N . ,A - r'''',::," 1:*,'?.m 41 ,..410- ,-,11 ' '34',i,;.". ' 4.. v ■ ■ s • }.=. /111114 as Y� : 1 t4 n rk F �• �ps� tL°s x I .rl` ., '0a ..Yak. '�' a '' - r 5 1. ;,...� ..,.. 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