HomeMy WebLinkAboutOrd 129 ORDINANCE NO. 129
AN ORDINANCE OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, ADOPTING AS AN URGENCY
MEASURE, CERTAIN REGULATIONS PROHIBITING
DEVELOPMENT OF NEW BUILDINGS AND STRUC-
TURES WHICH MAY BE IN CONFLICT WITH A CON-
TEMPLATED SPECIFIC PLAN AND DEVELOPMENT
CONTROL PROPOSAL FOR USES IN AN AREA
NORTH AND SOUTH OF EAST PALM CANYON
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DRIVE BETWEEN WEST CATHEDRAL CANYON
FLOOD CONTROL CHANNEL AND CANYON PLAZA,
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 a proposed and
contemplated specific plan for an area north and south of East Palm Canyon
Drive between the West Cathedral Canyon Flood Control Channel and Canyon
Plaza, and comprising the lots and parcels of land more particularly indicated
and depicted on the exhibit attached to this ordinance and incorporated herein
by this reference; 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
said specific plan to adoption and taking full effect, there were to be land
subdivision or 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 and contemplated specific plan; 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 specific plan which
a legislative body, planning commission or planning department is considering 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
subdivision or for a building permit for or related to development of a new
building or structure within or upon any of the lots or parcels of land more
particularly indicated and depicted on the exhibit attached to this ordinance
and which has been incorporated herein by reference.
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 specific plan and development control proposal mentioned in the
recitals of this Ordinance;
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(b) 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 recitals
of this Ordinance. It is hereby found, determined and declared that there is
accordingly a current and immediate threat to the public health, safety and
welfare, and that the approval of additional subdivisions, use permits not
compatible with the contemplated specific plan, building permits, or any other
applicable entitlement for use which is required in order to comply with the
City's zoning ordinance would result in a threat to 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 December 13, 1985 by the following vote:
Ayes: Councilmembers Krings, Murphy, Paquette and
Mayor Pro Tern Smith
Noes: None
Absent: Mayor Martin
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MAYOR Pro Tern
ATTEST
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CI I Y; CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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CITY TORNEY ' ' MANAGE.
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EXHIBIT TO ORDINANCE NO. 129
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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 129
Y adopted by the City Council of the City of Cathedral City at a regular
} meeting of said City Council held on December 13, 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.
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Ma 'n��Em
City Clerk
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