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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 4 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; 000753 (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 c(We::::_e_ MAYOR Pro Tern ATTEST 7 , - // ma // CI I Y; CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: .� CITY TORNEY ' ' MANAGE. 000754 - 2 - I EXHIBIT TO ORDINANCE NO. 129 OM J . U J ■■■O ■■■, NATIONAL •, ,/14 UMW' CENre1 TRAMVEW ESTATES I:* � ..\\ 5�.� SUM 444, TFEATfE OUMOOR a AQ% ti III G' ' 3� i an, LIMITS ■ 12/11/85 SG ABBAS 000755 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. 4 c°Z,-,,, Ma 'n��Em City Clerk 5 000756 1