HomeMy WebLinkAboutOrd 230 ORDINANCE NO. 230
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
ADOPTING AS AN URGENCY MEASURE, CERTAIN
li REGULATIONS PROHIBITING DEVELOPMENT OF NEW
RESIDENTIAL PROJECTS WHICH MAY BE IN CONFLICT
WITH A CONTEMPLATED CHANGE IN THE GENERAL PLAN,
A POSSIBLE ZONING PROPOSAL AND DEVELOPMENT
CONTROL PROPOSAL WITH PROVISIONS FOR REVIEW AND
EXEMPTIONS BY THE CITY COUNCIL, 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, conditional use permit or design
review for or related to development of any new multiple-unit
residential project in any R-M, R-H, R-2B or R-3 zone of the City
unless the number of dwelling units proposed thereon, considering
parcel size, equates to a density of ten (10) dwelling units per
acre or less, and no such building permit, conditional use permit
or design review approval 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; and
(c) the amenities to be provided for under the tract map,
building plans, and the C C & R's, if applicable, are
such as to assure the continued maintenance and upkeep
of the development, and to assure that the project is not
1[ likely to deteriorate so as to cause policing problems,
or a blighting influence upon the neighborhood within the
foreseeable future.
Provided, however, that in R-2B zones, area calculations shall be
based on gross area, rather than net.
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 provisions of the
new General Plan being contemplated, the new zoning
proposal and development control proposal, all as
mentioned in Section 4 of this Ordinance; or
(c) any project for which a complete building permit
application, conditional use permit application or design
review application was filed on or before 5: 00 p.m. ,
December 30, 1988 ; or
(d) any project for which the Director of Community
Development finds that a bona fide loan commitment was
issued by a responsible bank or other responsible lending
institution or other generally recognized provider of
multiple family housing financing, and that such
commitment was issued prior to 5: 00 p.m. , December 30,
1988 .
SECTION 3 . Notwithstanding the provisions of Section 1 and
Section 2, in the event that an applicant for a building permit,
conditional use permit or design review believes that the impact
of these restrictions poses an unreasonable hardship not borne
equally by other potential applicants, owners and developers, such
applicant shall have the right to a review of the circumstances by
the City Council. The City Council is authorized to grant an
exemption hereto upon a showing of undue hardship, upon such terms
as the City Council may deem just. The action of the City Council
shall be subject to review by the Superior Court of Riverside
County, California, or any other Court of competent jurisdiction,
pursuant to the provisions of the Code of Civil Procedures Section
1094 .5, et seq. Notice of the right of such Court review and of
applicable time limits thereon shall be provided to any applicant
whose request for exemption is denied by the City Council.
SECTION 4. 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 presently zoned for high and
medium density is threatening to create islands of population over
concentration 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 City's General Plan housing
element, especially as it relates to multi family housing, and 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 General Plan housing element,
a new zoning proposal and development control proposal for the
City, and during the interim period until 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 City's General Plan, the contemplated zoning
proposal and development control proposal as aforesaid. It is
hereby found that the issuance of additional building permits,
conditional use permits, and design review approvals for such high
and medium density residential uses would result in a threat to the
public health, safety and welfare.
SECTION 5. EFFECTIVE PERIOD. This Ordinance shall remain in
effect for a four (4) month 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 6. POSTING. The City Clerk shall within 15 days
after the passage of this ordinance, cause it to be posted in a at
least the three 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 January 4, 1989 by the following vote:
Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and Mayor Hardie
Noes: None
Absent: None 'i
ri /
MAYO"
ATTEST
•le Ana . . 111 .\_ _ _�
CI iY CLER4 acting
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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CITY ATTORNEY C �GER
I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE
FOREGOING ORDINANCE NO. 1 WAS DULY
BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CIT DOPTED
CALIFORNIA.IN A MEETING THEREOF HELD ON THE Alm_
DAY OF ,198 ,_, AND THAT SAME WAS POSTED
IN AT LEAS TH �THE E PUBLIC PLACES SPECIFIED FOR SUCH
..
POSTINGS, BY THE SAID CITY COUNCIL.
1.
BO M , 0 . ‘�..11
it CLERK