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HomeMy WebLinkAboutOrd 745 ORDINANCE NO. 745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING SPECIFIC PLAN 97-55 TO CHANGE THE ZONE OF PLANNING AREA 1.1. FROM MF-2 AND R-2 TO MF-4 WHICH PARALLELS THE GENERAL PLAN LAND USE DESIGNATION RH WHEREAS, the State of California requires every municipality to periodically update the Housing Element of its General Plan to review the housing needs of the community and revise its policies, programs and objectives to address those needs; and WHEREAS, on November 13, 2013, the City Council adopted the 2013- 2021 update to the City's Housing Element; and WHEREAS, on June 20, 2014, California Housing and Community Development ("HCD") issued findings regarding the 2013-2021 Housing Element pursuant to Section 65585 of the Government Code. In its letter, HCD indicated that changes would be required to fully address the requirements of state law; and WHEREAS, the revisions to the Housing and Land Use Elements as set forth in this Resolution and other actions associate with this project address the comments raised by HCD; and WHEREAS, the City of Cathedral City ("City") acting as Lead Agency has determined that an Addendum to the Initial Study/Negative Declaration for GPA 07-006 is the appropriate documentation for the proposed amendments pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 29, 2014, at which time all persons were invited to offer testimony on this project; and WHEREAS, the Planning Commission recommended that the City Council amend the Specific Plan as noted herein; and WHEREAS, a duly noticed public hearing was held by the City Council on November 12, 2014, at which time all persons were invited to offer testimony on this project; and WHEREAS, the City has circulated the proposed Specific Plan Amendment in accordance with SB 18. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. EVIDENCE The City Council has considered all of the evidence submitted into the administrative record, but not limited to, the following: a) Cathedral City Municipal Code and Cathedral City General Plan; b) Addendum to the Initial Study/Negative Declaration prepared for the 2009 Housing Element Update; c) the Staff Report prepared for the Planning Commission; d) all pertinent correspondence from HCD to the City; e) the Staff presentation; f) the record, testimony and/or comments from persons submitted to the City in both written and oral form at, or prior to, the public hearing conducted by the Planning Commission on October 29, 2014; and g) the record, testimony and/or comments from persons submitted to the City in both written and oral form at, or prior to, the public hearing conducted by the City Council on November 12, 2014. Section 2. FINDINGS The City Council has considered all of the evidence submitted into the administrative record for the proposed Specific Plan Amendment and bases its action to adopt this Ordinance based on the following findings: The City Council finds as follows for the Specific Plan Amendment: a) It comports with the policies and goals of State housing requirements. b) It is in conformance with the goals, policies, and objectives of the Cathedral City General Plan, insofar as it continues to assure sufficient land is available to provide housing for all residents of the City in all income groups; c) It is consistent with the land use pattern established in the Land Use Element and is not likely to be detrimental to the adjacent properties or residents, insofar as the amendments would not substantially change land use patterns; d) It is necessary and proper at this time, and will not negatively affect the City's existing and proposed land use pattern; and 2 e) In conformance with the requirements of SB 18, the proposed Specific Plan Amendment was circulated to those Native American tribes identified by the Native American Heritage Commission. No issues have been identified and no tribe has requested consultation. f) Any and all findings contained in the Staff Report, testimony and/or evidence presented on the Specific Plan Amendment. Section 3. ADOPTION OF ORDINANCE In view of all of the evidence, and based on the foregoing findings and conclusions, the City Council hereby ordains as follows: (a) The Rio Vista Village Specific Plan (Exhibit A of Ordinance 471) shall be amended as follows: 1. Section 4.3.3 (Page 4-3) is revised as follows: Lower densities are permitted within any planning area than those listed in the Planning Area Plan (Exhibit 4-D) except Planning Area 1.1. 2. Exhibit 4C is deleted. 3. Exhibit 4D is revised to add the "MF-4" label and delete the "MF-2" and "R2" labels from PA 1.1 and add the following residential use category: "MF-4 Multi-family dwellings at a density of 20-24 DU/AC" 4. Exhibit 4E is revised to change the land use designation for PA 1.1 from MF-2 to MF-4, change the permitted density in PA 1.1 from 20 to 24 du/ac, and change the Maximum Allowable Units for PA 1.1 from 362 to 434. The total dwelling unit cap of 1,362 units for the entire Specific Plan area shall remain unchanged. The maximum allowable units for PA 1.0 is changed from 724 to 796, and the total maximum allowable units of 1,745 in the bottom row of the table is deleted. 5. Section 5.1.1.A (Page 5-1) is revised as follows: Within all residential planning areas except PA 1.1: 6. Section 5.1.1.0 (Page 5-1) is revised as follows: Within use classification "MF-2" in Planning Area 1_24: 7. Add a new Section 5.1.1 D to read: Within use classification MF-4 in Planning Area 1.1: Attached dwellings, either condominium or rental, and related recreational and support uses. 8. Section 5.2.1 Allowable Densities by Lot Size (Page 5-7) is revised to add the "MF-4" land use type under"RENTALS"with a maximum density of 24 DU/AC. 9. Section 5.2.2.L (Page 5-8) is revised as follows: 3 MULTI-FAMILY PROJECTS: In all circumstances where this specific plan is silent on an issue of development standards for multi-family projects, refer to the applicable section of the R-3 or R4 regulations of the Zoning Code. Section 4. 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, as adopted, shall remain in full force and effect. Section 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after its second reading by the City Council. Section 6. POSTING Within 15 days after its passage, the city clerk shall cause each ordinance to be published at least once, with the names of those city council members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the city, or if there is none, he or she shall cause it to be posted in at least three public places in the city or published in a newspaper of general circulation printed and published in the county and circulated in the city. A summary must be prepared and sent to the Desert Sun. THIS SECTION LEFT INTENTIONALLY BLANK 4 Section 7. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on December 10, 2014, by the following vote: Ayes: Cou11611 Pry,r0oe iVS kaplb n 61,1d Oavnevkle__ ilf-ICLjOV PbTeim. leis Noes: e5and i kow v\1 . Abstain: 0 Absent: r/' -;-e-eelt*J{ - V Stanley E. ,#11 ry, Ma Gary Howe r City Clerk APPROVED AS TO FORM: Charles R. Green City Attorney 5