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HomeMy WebLinkAboutOrd 120 ORDINANCE NO. 120 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING DEVELOP- MENT OF NEW RESIDENTIAL PROJECTS WHICH MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL AND DEVELOPMENT CONTROL PROPOSAL, SAID REGULATIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION 65858. 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 ordinance, resolution or regulation of the City to the contrary, no officer, employee or department administering City business shall accept or process any application for a building permit for or related to development of any new multiple-unit residential project in any R2 zone of the City unless each lot upon which the project is to be built contains a minimum net area (as that term is defined in the Zoning Ordinance) of 4,358 square feet per dwelling unit to be located on each such lot, and no building permit shall be issued unless the Director of Community Development has made findings that: (a) the architectural aspects of the development will be compatible with, and not detrimental to, the surrounding neighborhood; and (b) the landscaping for the development will be compatible with the surrounding neighborhood and will be suitably maintained as represented, after completion of the project. SECTION 2. Section 1 of this Ordinance shall not apply to: (a) the addition to or modification of existing buildings; or (b) projects implementing in whole or in part a plan of development which had been reviewed and approved by the Planning Commission upon a finding that such project will probably conform to and comply with the new zoning proposal and development control proposal mentioned in Section 3 of this Ordinance; or (c) any project for which a complete building permit application was filed on or before 5:00 p.m., September 17, 1985; or (d) any project for which the Director of Community Development finds that a bona fide loan commitment was issued prior to 5:00 p.m., September 17, 1985. 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 follows: Because a recent concentration of proposed multiple residential developments to be built upon lots substandard in size is threatening to create islands of population overconcentration with attendant blighting influences, there is a current and immediate threat to the public health, safety and welfare and the public interest now requires a systematic review and comprehensive analysis of the ordinances designed to implement the City's General Plan. It is contemplated that from such studies, which are soon to be conducted by the City Council and the Community Development Department, there will emerge a new zoning proposal and development control proposal for the City, and during the interim period while this can be accomplished, it is essential that the controls imposed by this Ordinance be maintained, so that uses which would otherwise be established and developed during the interim period will not thereafter be in conflict with the contemplated zoning proposal and development control proposal as aforesaid. It is hereby found that the issuance of additional building permits for such uses would result in a threat to the public health, safety and welfare. SECTION 4. EFFECTIVE PERIOD OF ORDINANCE. This ordinance shall remain in effect for a 45 day period pursuant to Section 65858 of the Government Code of the State of California, 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 3 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 approved and adopted at a meeting of the City Council held on September 18, 1985, by the following vote: Ayes: Councilmembers Krings, Murphy, Paquette, Smith and Mayor Martin Noes: None Absent: None A OR ATTEST /,/_.g., 41111 ...0 ---.'e CI i •LERK APPROVED AS TO FORM: APPROVED AS TO ONTENT: CITY TORNEY E7 ---CI M NAGS - 2 - 000728 I, MAXINE E. CLEM, City Clerk of the City of Cathedral City, hereby cer- tify that the foregoing is a full, true and correct copy of Ordinance No 120 adopted by the City Council of the City of Cathedral City at a regular meeting of said City Council held on September 18, 1985, and that the same was posted within 15 days of the above date in at least the three public places specified for such postings by the said City Clerk. /Al& Ma. i - E. Clem City Clerk 000129