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HomeMy WebLinkAbout1384 - ORDINANCES - 6/5/1991 ORDINANCE NO. 1384 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING. AN INTERIM ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO RESTRICT THE ISSUANCE OF ANY PERMIT FOR A NEW OR EXPANDED STRUCTURE OR ACCEPTANCE OF ANY APPLICA`.PION FOR .ARCHITECTURAL APPROVAL, CONDITIONAL USE: PERMIT, PLANNED DEVIELOPMENT DISTRICT, TENTATIVE OR FINAL TRACT MAP, ZONE CHANGE, OR ANY OTHER REQUEST FOR ACTION BY ANY CITY AGENCY WHICH WOULD APPROVE ANY BUILDING OR CONSTRUCTION IN THE SOUTH PALM CANYON AREA FOR A PERIOD OF TEN MONTHS AND FIFTEEliN DAYS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. AUTHORITY. This ordinance is adopted pursuant to the provisions of Government Code Section 65858. SECTION 2 . URGENCY ORDINANCE - FINDINGS. The City after receiving the Jani-Jerdi Vision Report for the redevelopment of the downtown and outlying sphere: areas, one of which is identified as the Southern Sphere, embarked on a Request for Qualifications/Request for Proposals I;RFQ/RFP) to attract a master developer(s) for this "vision" . The Southern Sphere was identified as the luxury sphere and in Phase I of the process, one proposal was received to plan and implement the development of the area. The RFQ/RFP proposed a Phase II process of developing a master plan for each of the proposed spheres. The planning ;process is limited to an eighteen month period, and the City Council finds that allowing new or expansion development during this time frame would be detrimental to the final master plan for the area, and would possibly disrupt or significantly delay the orderly transformation of the study area into the .luxury sphere envisioned in the Vision Plan commissioned previously by the City Council. Based on the foregoing and other sufficient evidence, the City Council. further finds that there is a current and immediate threat to the public health safety or welfare and that the approval of additional subdivisions, use permits, variances, building permits,, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare,. Therefore, the City Council declares it to be urgent that this ordinance become effective immediately upon adoption. SECTION 3 . CONSTRUCTION AND APPLICATIONS FOR CONSTRUCTION PROHIBITED. During the time this ordinance is in effect, no permits for construction shall be issued by the City's Building Division, nor permits :issued for any expansion of existing structures, nor shall any applications for approval for any land use change or new buildings or expansion of any buildings be accepted or processed by the Planning Division for the study area generally described as the City limits on the south, the Palm Canyon Wash on the east, the toe of the mountains on the west, and Murray Canyon Drive on the north, excluding the area covered by Final Tract #16759 , and further depicted on attached Exhibit "A" . SECTION 4. EXCEPTIONS. The provisions of this ordinance shall not apply to minor interior or exterior alterations to existing buildings within the study area if the alteration does not expand the intensity of the use or square footage of the building. ,__213 Ordinance No. 1384 Page 2 Buildings with at least one building inspection may proceed provided that no .lapse in the permit occurs. Permit renewals shall be at the discretion of the City Council. SECTION 5. ACCOMPLISHMENTS DURING MORATORIUM. During the first 12 months of this interim ordinance, the City and the master developer for the southern sphere have embarked upon the development of a specific plan for the effected area. That specific plan, including a complete Environmental Impact Report has been received and approved by the :Planning Commission at its meeting of May 29, 1991, and will be presented to City Council on June 19, 1991, for its review and approval. SECTION 6. EFFECTIVE DATE. This ordinance extends the interim ordinance adopted on July 25, 1990, establishing a development moratorium within the area shown on Exhibit "A" . This ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council, and shall be of no further force and effect 10 months and 15 days from its date of adoption except that before expiration the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, may extend 'the time this ordinance will be in full force and effect for an additional one year. Any such extension shall also require a four-fifths vote of the City Council for adoption. SECTION 7 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 5th day of lima , 1991. AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS- CALIFORNIA By City Clerk !Mayor REVIEWED & APPROVED:M - 1 I HEREBY CERTIFY that the foregoing Ordinance 1384 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 5th day of June, 1991, and that same was duly published in the DESERT SUN, a newspaper of general circulation on July 20, 1991. ITH SUMICH City Clerk V-ZV -•-- L:axl_1:----- -c2:;' —i�n�~ I r`_-w,---� �e ' LL. ^� /�/ II II- R-�.• ;S R.iy�i" R_�-♦ i.---'�I r-- --:.- .. = w eZ-L 4-....-^-^-.�^�'�\ " (1y�^"lyy 1— v I I I ..-. ir,:T<:C--_-•-__--.__Y-. +_ �` - 6 w I w-R-4-aUlI R_0-♦lel JI JI R 1 ♦ ------------- REe TERLY AND SOUTMEeY - > EDOE Of PALM C♦MTOM3STJT[S R-2 I R I ♦__-S'• R I _ R• r .:. c 1_ I R Z i�. I.L. � ` r'll VI � wl � R I ♦ Y 0 0 w LL. o..0 - F R.I.e at - STUDY AREA INTERIM ZONING pp CYp - \•+ CIR, 0 0-20 0 -_ y —� 0 0 I.L. U-R L. 9! i.L. 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