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Home My WebLink AboutOrd 195 AKMME sCIOED BY.02ATZLIZ7 ORDINANCE NO. 195 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IMPOSING SPECIAL CONDITIONS ON DEVELOPMENT WITHIN AREA BOUNDED BY VIA OLIVERA ON NORTH, DATE PALM DRIVE ON EAST, 34TH AVENUE (DINAH SHORE DRIVE) ON SOUTH, AND RANCHO VISTA DRIVE ON WEST, HEREIN DESIGNATED AS "AFFECTED AREA C", ON INTERIM BASIS, AND DECLARING THE URGENCY THEREOF. The City Council of the City of Cathedral City does ordain as follows: SECTION 1. The City Council finds that there is a current and immediate threat to the public health, safety or welfare in the area bounded by Via Ol i vera on the north, by Date Palm Drive on the east, by 34th Avenue (Dinah Shore Drive) on the South, and by Rancho Vista Drive on the east, which area is hereinafter referred to as "Affected Area C" . SECTION 2. The City Council further finds that the approval of additional subdivisions, rezonings, conditional use permits, variances, building permits, design review permits and other discretionary permits for construction or development within the Affected Area which would be required in order to comply with a zoning ordinance would result in a threat to public health, safety or welfare. SECTION 3. The City Council finds that earlier planning prior to incorporation of the City of Cathedral City has left the City with a serious problem on Date Palm Drive, permitting serious traffic hazards to be created through development of residential structures with driveways exiting onto Date Palm Drive, one of the busiest thoroughfares in the City, with many lots subdivided with direct access to Date Palm Drive. Unless interim restrictions are imposed on such developments, increased traffic hazards may be created, threatening the public health, safety and welfare far into the future. SECTION 4. The City Council finds that any such developments of residential structures with access onto Date Palm Drive or the areas immediately westerly of lots fronting on Date Palm Drive in Affected Area C may conflict with a contemplated zoning proposal which the Planning Department and Planning Commission of the City of Cathedral City are considering or studying, or intend to study within the immediate future. SECTION 5. The City Council further finds that any such development creates a threat to the health, safety or welfare of the public, for the following reasons: a. Improvement of the traffic signalization at Ramon Road and Date Palm Drive, and improvements to the intersection there, have created new traffic patterns which have led, or appear to have led, to additional vehicles travelling near and through Affected Area C, at higher rates of speed, creating additional hazards to life and limb, and requiring careful study to minimize such hazards through future development. - 1 - 001068 b. A recent decision by the Palm Springs Unified School District board to construct a major new high school at 34th Avenue (Dinah Shore Drive) immediately easterly of Date Palm Drive will create additional traffic hazards, presence of additional pedestrian and vehicular traffic in and through Affected Area C, and increases the urgency of a thorough study of development patterns and limitations to make any additional development in Affected Area C compatible with the presence and operation of a major high school in the area immediately adjacent to Affected Area C. c. Recent decisions by the City Council of the City of Cathedral City to proceed with plans to develop a 30-acre park at the northeasterly corner of 34th Avenue (Dinah Shore Drive) and Date Palm Drive, and to proceed with tentative plans to develop a City Hall and Police Department complex at the southeast corner of Date Palm Drive and Ortega Street may create additional traffic hazards, presence of additional pedestrian and vehicular traffic in and through Affected Area C, and other possible impacts of such developments upon Affected Area C all militate thorough study of what types of development within Affected Area C will be most compatible with the public health, safety and welfare, and at the same time present the maximum opportunities for private development of the properties within Affected Area C. d. The recent opening of the PACE Membership Store on Date Palm Drive at its intersection with Converse Road, and recent approval of multi-family developments on Converse Road at and easterly of its intersection with Date Palm Drive, which development is expected soon, though significantly southerly of Affected Area C, are expected to increase traffic on Date Palm Drive through and adjacent to Affected Area C, and necessitate consideration of what types of development should be encouraged in Affected Area C, both to maximize the public health, welfare and safety, and to increase opportunities for private development within Affected Area C. SECTION 6. 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 building permit shall be issued, no tentative map shall be approved, no conditional use permit shall be issued, no design review permit shall be issued, no variances shall be granted, no rezoning shall be authorized, or any other action finally authorizing development or construction or committing the City to approve a development or construction, on any property in Affected Area C; PROVIDED HOWEVER, that during the effective period of this Ordinance, the Department of Community Development will receive applications for any and all permits, maps and other approvals, and shall process any and all such applications, relating to Affected Area C, giving notice to the applicant that final approval - 2 - 001007 thereof shall be given during the period that this Ordinance is in effect, only by the City Council of the City of Cathedral City. The City Council shall have power, during the period that this Ordinance is in effect, to give final approval to any building permit, map, conditional use permit, design review permit, variance, or rezoning request, or any other action authorizing construction and development of the property upon a showing that the proposed development would not pose a hazard to the public health, safety or welfare, and that the proposed development is so designed as to be in conformity with any planned or proposed zoning ordinance changes then being studied for Affected Area C by the Planning Department, Planning Commission or the City Council of the City of Cathedral City. SECTION 7. 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 facts constituting the urgency are as set forth in Sections 1 thru 5, inclusive, hereinabove. SECTION 8. 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 9. POSTING. The City Clerk shall , within 15 days after the passage of this ordinance, cause it to be posted in at least the three (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 November 4, 1987 by the following vote: Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and Mayor Paquette Noes: None Absent: None MAYOR . ATTEST 4 ' /�. /!��P_�L 40 CI Y ,CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: c dal& or ,„( .4 Al il CITY ATTORNEY li TY 'A7; ER - 3 - Ou1O68 I HEREBY CERTIFY, UNDER PEN OF PERJURY, THAT THE FOREGOING ORDINANCE NO. WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CI Y,. CALIFORNIA.IN A MEETING THEREOF HELD ON THE DAY OF NC ,1981 , AND THAT SAME WAS POSTED IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. 4/14J// 40" .• ' CITY CLERK 001069