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HomeMy WebLinkAbout1969ORDINANCE NO. 1969 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO EXTEND INTERIM URGENCY ORDINANCE NO. 1967 FOR AN ADDITIONAL FOUR (4) MONTHS AND CONTINUE FOR THIS PERIOD A TEMPORARY MORATORIUM ON THE CONVERSION OF GOLF COURSES FOR OTHER USES TO ALLOW FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN OR MUNICIPAL CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858. City Attorney's Summarv Pursuant to Government Code Section 65858, this Interim Urgency Ordinance extends a temporary moratorium for an additional four (4) months on the conversion of existing golf courses for other uses. If adopted, this moratorium will continue to pause such 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. 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 twelve (12) months by adoption of a second extension ordinance, which requires notice in accordance with Government Code Section 65090, a public hearing, and a four-fifths (4/5) vote of the City Council to pass. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Findings. A. On October 17, 2018, pursuant to Section 65858 of the California Government Code, the City Council of the City of Palm Springs adopted Ordinance No. 1967, an interim urgency ordinance, which temporarily prohibits the conversion of golf courses for other uses. B. Section 65858 of the California Government Code provides that Ordinance No. 1967 shall expire and be of no further force and effect forty-five (45) days from its date of adoption (October 17, 2018). C. Section 65858 of the California Government Code provides that prior to the expiration of Ordinance No. 1967, the City may extend Ordinance No. 1967 for an additional ten (1 0) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing. D. On November 14, 2018, the City Council issued a written report describing the Ordinance No. 1969 Page2 measures and actions taken by the City to alleviate the circumstances and conditions which led to the adoption of Ordinance No. 1967 since its adoption on October 17, 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. 1967 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 conversion of golf courses for other uses, as currently authorized under Ordinance No. 1967, 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. 1967 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 that there is a need to extend Ordinance No. 1967 for an additional period of four (4) months in order to complete its work on regulations to govern the conversion of golf courses to other uses, and will not request to extend the moratorium for an additional period of ten (1 0) months and fifteen (15) days as allowed 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. 1967 have been provided as required. SECTION 2. Extension of Moratorium. Now, therefore, in accordance with Government Code Section 65858, the City Council adopts this Ordinance, extending Ordinance No. 1967 for a period of four (4) months. 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 convert any existing golf course for other uses which is in violation of the moratorium established by Ordinance No. 1967. 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 the conversion of a golf course for other uses may issue while this moratorium or any extension of it is in effect. Ordinance No. 1969 Page 3 SECTION 5. Urgency. The City Council hereby finds and determines that adoption of this Ordinance and the extension of Ordinance No. 1967 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 Ordinance No. 1967, 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 study and develop potential amendments to the General Plan, any specific plan, Municipal Code, qr any other governing City planning document or p~licy related to the conversion of golf courses for other uses. 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. The 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 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 four-fifths (4/5) vote and signing by the City Clerk. SECTION 10. Report. Ten (1 0) days before this interim urgency ordinance 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. Ordinance No. 1969 Page 4 STATE OF CALIFORNIA ) ROBERT MOON MAYOR CERTIFICATION 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 . 1969 is a full , true, and correct copy, and was adopted at a regular meeting of the City Council held on the 28 1h day of November, 2018, by the following vote: AYES: NOES : ABSENT: ABSTAIN : Councilmembers Holstege , Kors, Middl eton , Mayor Pro Tem 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 4~ day of Tie ( ~V"A"Q!2.-f , '7-P 1 <& .