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HomeMy WebLinkAboutOrd 799 ORDINANCE NO. 799 SPECIFIC PLAN AMENDMENT NO. 90-43A CHANGE OF ZONE NO. 17-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 90- 43A AND CHANGE OF ZONE NO. 17-001 WHEREAS, Specific Plan No. 90-43 was adopted by the City Council of the City of Cathedral City by Ordinance Number 295 on July 24, 1990; and WHEREAS, the proposed amendments to the Specific Plan are consistent with the established goals and objectives of the Specific Plan; and WHEREAS, the proposed Change of Zone from PLC (Planned Limited Commercial) to PCC (Planned Community Commercial) for Planning Unit 1 of Specific Plan 90-43 is consistent with the CG (General Commercial) General Plan land use designation; and WHEREAS, the City, acting as Lead Agency, has determined that Specific Plan Amendment No. 90-43A ("SPA 90-43K) and Change of Zone No. 17-001 ("CZ 17-001") 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 July 19, 2017, the Cathedral City Planning Commission recommended that the City Council approve SPA 90-43A and CZ 17-001 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 13, 2017 the City Council of Cathedral City approved this Ordinance approving SPA 90-43A and CZ 17-001 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 DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS The above recitals are true and correct and incorporated herein. Section 2. EVIDENCE The City Council has considered all the evidence submitted into the administrative record in approving this Ordinance including, but not limited to, the following: 1 (a) Specific Plan No. 90-43; (b) Cathedral City Municipal Code and Cathedral City General Plan; (c) The Staff Reports; (d) The staff presentations at the public hearings conducted at the Planning Commission meeting held on July 19, 2017 and the City Council meeting held on September 13, 2017; (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 public hearings conducted at the Planning Commission meeting held on July 19, 2017 and the City Council meeting held on September 13, 2017; (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 July 19, 2017 and the City Council meeting held on September 13, 2017; supporting and/or opposing the staff recommendation. Section 3. OFFICIAL ZONING MAP The Official Zoning Map of the City of Cathedral City is hereby amended to change the zoning designation for the area within Planning Unit 1 as shown in Attachment 2 (Specific Plan Site Map) from PLC (Planned Limited Commercial) to PCC (Planned Community Commercial). Section 4. OFFICIAL SPECIFIC PLAN TEXT The text of the Specific Plan is hereby amended as shown in Attachment 4 (Draft Specific Plan 90-43A). Section 5. ENVIRONMENTAL FINDINGS 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 6. 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 hereby adopted shall remain in full force and effect. Section 7. EFFECTIVE DATE 2 This Ordinance shall take effect thirty (30) days after certification. Section 8. 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; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the City. Section 9. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on October 11, 2017, by the following vote: Ayes: Council Members Aguilar, Carnevale and Kaplan; Mayor Pro Tem Pettis Noes: Mayor Stan Henry Abstain: None Absent: None an Henry, Mayor ATTEST: APPROVED AS TO CONTENT: Gary F: Ho ell City Clerk APPROVED AS TO FORM: Eric Vail City Attorney 3