HomeMy WebLinkAbout1966ORDINANCE NO. 1966
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, TO EXTEND INTERIM
URGENCY ORDINANCE NO. 1963 FOR AN ADDITIONAL
FOUR (4) MONTHS, AND CONTINUE FOR THIS PERIOD A
TEMPORARY MORATORIUM ON DEMOLITION OR
SUBSTANTIAL ALTERATION OF STRUCTURES BUILT
BEFORE 1969 (CLASS 3 HISTORIC STRUCTURES) TO
ALLOW FOR CONSIDERATION OF APPROPRIATE
AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL
CODE IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 65858 (4/5ths vote required).
City Attorney's Summarv
Pursuant to Government Code, section 65858, this Interim Urgency
Ordinance extends an existing temporary moratorium for an additional four
(4) months. The extended moratorium relates to the demolition and
substantial alteration of Class 3 historic structures built before 1969. If
adopted, this moratorium will continue to pause such demolition and
substantial alteration to allow the City time to study and consider potential
amendments to the General Plan or Municipal Code to address the
standards, process, and potential impacts of such activities. This
moratorium extension ordinance requires a four-fifths (4/5) vote of the City
Council to pass. The City may extend this moratorium one additional time,
by an additional twelve (12) months, via adoption of a second extension
ordinance, which would require further notice in accordance with
Government Code, section 65090, an additional public hearing, and a four-
fifths ( 415) vote of the City Council to pass.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Findings.
A. On September 5, 2018, pursuant to section 65858 of the California Government
Code, the City Council of the City of Palm Springs adopted Ordinance No. 1963,
an Interim Urgency Ordinance, which temporarily prohibits the issuance or
approval of any license, permit or land use entitlement to demolish or substantially
alter any Class 3 historic structure built before 1969.
B. Section 65858 of the California Government Code provides that Ordinance No.
1963 shall expire and be of no further force and effect forty-five (45) days from its
date of adoption (October 20, 2018).
C. Section 65858 of the California Government Code also provides that prior to the
expiration of Ordinance No. 1963, the City may extend Ordinance No. 1963 for an
Ordinance No. 1966
Page 2
additional ten (1 0) months and fifteen (15) days, or less, after giving notice
pursuant to Section 65090 of the California Government Code and conducting a
public hearing.
D. On October 3, 2018, the City Council issued a written report describing the
measures and actions taken by the City to alleviate the circumstances and
conditions which led to the adoption of Ordinance No. 1963 since its adoption on
September 5, 2018, as required by Government Code section 65858 ( .. Council
Report .. ).
E. Based on the Council Report, the City Council has determined that the
circumstances and conditions that led to the adoption of Ordinance No. 1963 and
which are set forth in that Ordinance have not been alleviated as of the date of this
Ordinance and continue to create the concerns described therein.
F. The Council intends to extend the temporary prohibition on the issuance or
approval of any license, permit or land use entitlement to demolish or substantially
alter any Class 3 historic structure built before 1969, as currently authorized under
Ordinance No. 1963, to continue studying possible amendments to the City's
General Plan and Municipal Code to help ensure that this activity is regulated in a
way that protects the community and complies with applicable law.
G. The purpose of extending Ordinance No. 1963 is to avoid the potentially significant
adverse impacts to the public's health, safety, and welfare described in that
Ordinance.
H. The City Council has determined there is a need to extend Ordinance No. 1963 for
an additional four (4) months as authorized under section 65858 of the California
Government Code.
I. The notice and public hearing required by Section 65858 of the California
Government Code for the extension of Ordinance No. 1963 has been provided in
accordance with law.
SECTION 2. Extension of Moratorium. Now, therefore, in accordance with
Government Code, section 65858, the City Council adopts this Ordinance, extending the
term of Interim Urgency Ordinance No. 1963 for an additional period of four (4) months,
with direction to City staff to present a proposed Ordinance to the City Council for
consideration at the second regular City Council meeting during the month of November,
scheduled for Wednesday, November 28, 2018.
SECTION 3. Effect of Moratorium. During the time this Ordinance is in effect, the
City of Palm Springs shall not issue or approve any license, permit or land use entitlement
to demolish or substantially alter any Class 3 historic structure built before 1969, which
demolition or alteration would violate the moratorium originally established by Interim
Urgency Ordinance No. 1963.
Ordinance No. 1966
Page 3
SECTION 4. Applications. The City may continue to accept and process
applications for uses prohibited by this moratorium if so required by State law. Any
application received and processed during the moratorium shall be processed at the
applicant's sole cost and risk with the understanding that no permit for demolition or
substantial alteration of any Class 3 historic structure built before 1969 may issue while
this moratorium or any extension of it is in effect.
SECTION 5. Urgency. The City Council hereby finds and determines that
adoption of this Ordinance and the extension of Interim Urgency Ordinance No. 1963 is
necessary for the current and immediate protection of the public health, safety, and
welfare of the City and its residents for all the reasons set forth in the Findings above and
in Interim Urgency Ordinance No. 1963, which are hereby expressly incorporated as
though fully set forth herein.
SECTION 6. Study. The City Council hereby directs the Department of Planning
Services to continue to study and develop potential amendments to the General Plan,
any specific plan, Municipal Code, or any other governing City planning document or
policy related the demolition or substantial alteration of structures built before 1969.
SECTION 7. CEQA. The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act under California Code of Regulations, Title 14,
Section 15060, subdivision (c)(2), because the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment nor under subdivision
(c)(3) because the activity has no potential for resulting in physical change to the
environment, directly or indirectly and so is not a project. This Ordinance temporarily
ensures that the status quo is maintained.
SECTION 8. Severability. If any section or provision of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this Ordinance shall remain valid. The City Council hereby declares that it
would have adopted this Ordinance, and each section or provision thereof, regardless of
the fact that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
SECTION 9. Effectiveness. This Ordinance is declared an urgency measure and
is an Interim Urgency Ordinance necessary for the immediate protection and preservation
of the public peace, health, safety, and welfare for the reasons stated above, and it takes
effect immediately on adoption by the City Council by at least a four-fifths (4/5) vote and
signing by the City Clerk.
Ordin ance No . 1966
Pag e 4
SECTION 10. Report . Ten (1 0) days before this Ordin ance, or any future
extension of it expires , the City Council shall issue a written report describing the
measures that the City has taken to address th e conditions that led to the adoption of this
Ordinance .
PASSED , APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17TH DAY OF OCTOBER , 2018 -----
ATTEST :
~HoN YJ
City Clerk
ROBERT MOON , MAYOR
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I , ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California , do hereby
certify that Interim Urgency Ordinance No . 1966 is a full , true , and correct copy , adopted
by the City Council at a regular meeting held on Wednesday the 171h day of Octobe r,
2018 , by the following vote :
AYES :
NOES :
ABSENT:
ABSTAIN :
Councilmembers Kors, Middleton , Mayor Pro Tern Roberts , and Mayor
Moon
Councilmember Holstege
None
None
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, thi s 2.44<---day of Ct.Ao'v,e-.r , f"2._o lf>