HomeMy WebLinkAboutORD 1047ORDINANCE NO. 1047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A MORATORIUM C
ON DEVELOPMENT APPROVALS IN THE UNIVERSITY
PARK AREA
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24 h
day of April, 2003, hold a duly noticed public hearing to consider a moratorium on
development approvals in the University Park area; and
WHEREAS, after two years of debate, a draft General Plan Update has been
endorsed by the General Plan Advisory Committee (GPAC)* including a preferred land use
plan and three alternatives. An Environmental Impact Report including traffic modeling of
the four alternatives is being prepared. Completion of the public review and hearing
process should not extend longer than six months; and
WHEREAS, while the GPAC-recommended plan leaves most land use designations
in the developed portions of the city unchanged, very specific land use and circulation
strategies are proposed for the area north of Frank Sinatra (University Park). These areas
are collectively referred to herein as "General Plan Amendment Areas" and are more
particularly described in Exhibit "A". Effective implementation of the alternatives will require
careful master planning which integrates land use, site design and circulation planning to
maximize efficiency, attainment of housing goals and quality of life for city's residents while
minimizing the negative impacts of growth; and
. WHEREAS, the City is receiving applications for individual projects within the
General Plan Amendment Areas, the applications may be in conflict with proposed
alfematives and preclude effective implementation of important proposed goals and
policies; and
WHEREAS, to protect the public health, safety and welfare, the City Council desires
to adopt an ordinance to prohibit the approval of development projects that potentially
conflict with proposed amendments to the general plan and/or the zoning ordinance; and
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN,
AS FOLLOWS:
Section 1. The City Council finds that the adoption of an ordinance imposing a
moratorium on the approval of development applications within the General Plan
Amendment.Areas is necessary to prevent a current and immediate threat to the public
health, safety and welfare, in that the approval of additional subdivisions, use permits,
variances, or any other applicable land use entitlements that may be inconsistent with
proposed changes to the general plan or zoning ordinance precluding the City's ability to
plan development in a manner consistent with the general plan goals and objectives
currently under consideration.
ORDINANCE NO. tn47
Section 2. The City Council hereby adopts a moratorium as follows:
Moratorium on Development Approvals Within General Plan Amendment Areas
Notwithstanding any provision of the Municipal Code to the contrary,
no development, entitlement or permit of any nature shall be approved for any
subdivision, lot line adjustment, parcel map, use permit, or other type of land
use entitlement within the General Plan Amendment Areas as described in
attached exhibit "AA within 9 months of the enactment of this Ordinance.
Existing development agreements that apply to property within the
General Plan Amendment Areas and that require the City . to allow
development of those properties consistent with existing General Plan and
zoning designations (including Wonder Palms, Marriott Shadow Ridge, and
Desert Gateway) are exempt from the moratorium. Also exempt are
residential projects on Shepherd Land and the industrial subdivision
associated with the Dinah Shore extension (PM 24255) as such
developments are consistent with all the proposed alternatives.
Section 3. This moratorium complies with the "City of Palm Desert Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that the
Director of Community Development has determined, pursuant to Section 3.07, that the
moratorium is exempt because there is no possibility that the adoption of the moratorium
will have any significant effect on the environment.
Section 4. The City Clerk of the City of Palm Desert, California, is hereby directed
to publish this ordinance in the Desert Sun, a newspaper of general circulation, published
and circulated in the city of Palm Desert, California, and shall be in full force and effect thirty
(30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this atu , day of _ -w , 2003, by the following vote, to wit:
AYES:
CRITES, FERGUSON, BENSON
NOES:
KEUY, SPIEGM
ABSENT:
NONE
ABSTAIN:
NONE
ATTEST:
RACHELLE D. KLASS N, City Cler
City of Palm Desert, California