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HomeMy WebLinkAboutOrd 20 ORDINANCE NO. 20 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY ADOPTING AS AN URGENCY MEASURE, CERTAIN REGU- LATIONS PROHIBITING DEVELOPMENT OF NEW BUILDINGS AND STRUCTURES WHICH MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL AND DEVELOPMENT CONTROL PROPOSAL FOR USES IN THE C-P-S ZONES, SAID REGULATIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. WHEREAS, there is presently pending in the Department of Community Development (the City's planning department) consideration of revisions to Article IXb of the Cathedral City Zoning Ordinance (Riverside County Ordinance No. 348 as adopted by reference by Cathedral City Ordinances Nos. 1 and 12) concerning land use regulations in the C-P-S (Scenic Highway Commercial) zone; and WHEREAS, it would be inimical and highly detrimental to the public interest, if, in the interim time necessary to finally formulate and process the C-P-S zone regulations to adoption and taking full effect, there were to be established, constructed or commenced any new building or structure for a use which would be in conflict with, and nonconforming to, the said proposed amendments to the C-P-S zone regulations; and WHEREAS, Section 65858 of the California Government Code authorizes the adoption of an interim ordinance as an urgency measure to prohibit any uses of land which may be in conflict with a contemplated zoning proposal which a legislative body, planning commission or planning department is consider- ing or studying or intends to study within a reasonable time; NOW THEREFORE, the city council of the City of Cathedral City does ordain as follows: SECTION 1. From and after the effective date of this Ordinance, and for the period during which this Ordinance remains in effect, and notwithstanding any other provisions of the City's zoning ordinance or other ordinances or regulations to the contrary, no officer, employee or department of the City or administering City business shall accept or process any application for a building permit for or related to development of a new building or structure within any C-P-S zone. SECTION 2. Section 1 of this ordinance shall not apply to (a) Any development or project for which a conditional use permit has been issued by the City Council (after receipt of any recommendation in connection therewith by the Planning Commission) upon a finding that such development or project will probably conform to and comply with the new zoning proposal and development control proposal mentioned in the recitals of this Ordinance; (b) Any development or project for which plot plan approval per Section 18.30 of the Zoning Ordinance has been received prior to June 16, 1982; or 000240 (c) Additions to or modifications of existing buildings in cases where no substantial change in the basic existing land use(s) will result. SECTION 3. URGENCY. This Ordinance is adopted as an urgency measure pursuant to the authority of Section 65858 of the Government Code of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifths vote of the City Council. The declaration of the facts constituting the urgency is as set forth in the re- citals of this Ordinance. SECTION 4. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance is adopted after notice pursuant to California Government Code Section 65856 and public hearing in accordance with California Government Code Section 65858, and accordingly shall remain in effect for one year from the date of adoption unless sooner repealed or otherwise modified, and subject to any extension of the effective period duly enacted pursuant to and in accordance with said Section 65858. SECTION 5. POSTING. The City Clerk shall within 15 days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; 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 this City. The foregoing ordinance was adopted at a meeting of the City Council held July 21st, 1982, by the following vote: AYES: Councilmembers Case, Krings, Martin, Smith and Mayor Murphy NOES: None ABSENT: None i // . ✓ALL✓. MAYOR / / ATTEST: CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: (,Q, -- C ATTORNEY / CITY MANAG R 000241 A I HEREBY CERTIFY that the foregoing Ordinance No. 4:726 was duly adopted by the City Council of the City of C.thedral City, California, in a meeting thereof held on the 42p4-day of I 19802 , and that the same was posted within 15 days of the love •:to in at least the three public places specified for such postings by tie said City Council. MA IM CITY CLERK CITY OF CATHEDRAL CITY • 000242