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Home My WebLink About1967ORDINANCE NO. 1967 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A TEMPORARY MORATORIUM ON CONVERSIONS OF GOLF COURSES TO OTHER USES TO ALLOW FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/5ths Vote Required). City Attorney's Summarv Pursuant to California Government Code section 65858, this Interim Urgency Ordinance places a moratorium on conversions of golf courses to other uses inconsistent with the current General Plan land use designation of "Open Space." If adopted, this moratorium will pause golf course conversions 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. The moratorium requires a four-fifths (4/5) vote of the City Council to pass. The moratorium will take effect immediately for forty-five (45) days. The City may extend the moratorium by adoption of an extension ordinance, which requires a public hearing noticed in accordance with Government Code section 65090, approved by a four-fifths (4/5) vote of the City Council. The City may adopt no more than two (2) extension ordinances, the first for up to ten (10) months and fifteen (15) days and the second for up to another twelve (12) months. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1 . Findings. A. Golf Course Conversions. There are several golf courses located in the City. Since 2007, and in some cases earlier, golf courses within the City have been assigned a General Plan land use designation of "Open Space", in order to maintain this land for active and passive recreation, preservation of open space, maintenance of views and tourist attraction. The City has received an application and may receive additional applications to convert existing golf courses to other uses that are currently inconsistent with an "Open Space" General Plan land use designation, such as residential and commercial uses. At the present time, the City's development regulations are under review and the City is currently considering more detailed regulations to govern this special case. The City has a substantial interest in ensuring that golf course conversions occur with the Ordinance No. 1967 Page2 appropriate level of review, and that development standards protect the City's interests in open space, recreation, and views, while also protecting the rights of property owners. B. Public Health, Safety, and Welfare. Given the present and anticipated applications for golf course conversions, and the City's interest in protecting recreation, open space, and views, there is a current and immediate threat to the public health, safety, and welfare if permits, entitlements, or other approvals for golf course conversions are issued. C. Purpose. The purpose of this moratorium is to pause golf course conversions to allow for the City to study and consider potential amendments to the General Plan or Municipal Code to set standards for, process, and review golf course conversions. SECTION 2. Moratorium. Now, therefore, in accordance with California Government Code section 65858, the City Council adopts a moratorium on golf course conversions as follows: A. Definitions. For the purposes of this ordinance, the following terms and definitions are used: 1 . "Conversion" means a change in the land use designation in the General Plan to any designation other than "Open Space", and any new or amended specific plan, zoning, Municipal Code ordinance, or any other governing City planning document, or policy that authorizes uses which are inconsistent with an "Open Space" General Plan land use designation; 2. "Golf Course" means the same as "golf course" defined in Palm Springs Municipal Code, section 91.00.1 0, as modified herein, whether the "golf course" in question is in use as such, is vacant, or lays fallow. This definition is recited here for reference purposes: " 'Golf course' means a lot or portion of a lot identified in the General Plan as being "Open Space- Parks/Recreation," that is used for the playing of golf, including pitch-and- putt courses, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises, unless expressly permitted in the Zoning Code;" and 3. "Moratorium" means a temporary prohibition of an activity. B. Moratorium. Notwithstanding anything to the contrary in existing City law, including, but not limited to, the General Plan, any specific plan, zoning, the Palm Springs Municipal Code, and other governing City planning document(s) or policy(ies), a moratorium is hereby placed on: Ordinance No. 1967 Page 3 1. The Conversion of any Golf Course; and 2. The approval, issuance, or transfer of any use permit, variance, building permit, business license, or other applicable entitlement or approach for the Conversion of any Golf Course. C. Exception. Notwithstanding the above, this Moratorium shall not apply to any alteration or proposed alteration of a current Golf Course to another use that is consistent with the General Plan "Open Space" land use designation, as determined by the Director of Planning in an exercise of his/her discretion. Such exceptional alterations include, but are not limited to, the conversion of a Golf Course to land to be used for other outdoor sports or recreational amenities. D. Duration. The moratorium shall be in effect for forty-five (45) days from the adoption of this ordinance. The moratorium may be extended as provided in Government Code, section 65858. E. 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 Conversion of a Golf Course may issue while this moratorium or any extension of it is in effect. SECTION 3. Study. The City Council hereby directs the Department of Planning Services to study and develop potential amendments to the General Plan, any specific plan, zoning, the Palm Springs Municipal Code, and/or any other governing City planning document(s) or policy(ies) related to the Conversion of any Golf Course. SECTION 4. 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. The ordinance temporarily ensures that the status quo is maintained. SECTION 5. 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 6. Effectiveness. This ordinance is declared an urgency measure necessary for the immediate protection and preservation of the public peace, health, Ordinance No. 1967 Page 4 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 vote and signing by the City C lerk. SECTION 7. Report . Ten (1 0) days before this interim urgency ord inance or an extension of it expires, the City Council shall issue a written report describing the measures that the City has taken to address the conditions that led to the adoption of this ordinance. PASSED , APPROVED AND ADOR COUNCIL THIS 17th DAY OF OCTOBER 20 8. ATTEST: SPRINGS CITY 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 Sp rings , Cal ifornia, do hereby certify that Interim Urgency Ordinance No. 1967 is a full , true, and correct copy, and adopted by the City Council at a regular meeting held on Wednesday the 17th day of October, 2018 by the following vote: AYES : NOES: ABSENT: ABSTAIN : Councilmembers Holstege, Kors , Middleton , Mayor Pro Tern Roberts , and Mayor Moon None None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 2-Y~ day of Oc ,W \QA-/ , 2sr> 1']?-,