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ORD 236ORDINANCE NO. 236 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9, CHAPTER 9.32 OF THE MUNICIPAL CODE BY ADDING SECTION 9.32.020 G, MORATORIUM ON DESIGN DEVIATIONS IN RESIDENTIAL SUBDIVISIONS. WHEREAS, the City Council of the City of La Quints hereby finds that where a portion of the dwelling units in a residential subdivision have been constructed, deviations in design which result in more than a ten percent (10 %) change in the square feet per unit have a detrimental effect on the public's interest in aesthetic consistency and neighborhood harmony; and, WHEREAS, the City has established a One -Family Dwellings Zone in Chapter 9.32 of the La Quinta Municipal Code establishing permitted uses and development standards for one -family dwellings located in the City of La Quinta; and, WHEREAS, the City Council hereby finds that the existing development standards in the One -Family Dwelling Zone do not include explicit limitations on the developer's ability to alter residential subdivision plans which have been partially built out and deviate from the original dwelling size; and, WHEREAS, the City Council is considering an amendment to the development standards in the One -Family Dwelling Zone which would provide controls which would prohibit any deviation in design in a residential subdivision where a portion of the subdivision has been constructed which results in more than a ten percent (10%) change in the square feet per unit; and, WHEREAS, the City Council hereby finds that there is a current and immediate threat that a deviation in the design of a residential subdivision resulting in more than a ten percent (10 %) change in the square feet per unit, which is not specifically prohibited by the development standards in Chapter 9.32, but which may be prohibited under a proposed amendment to Chapter 9.32, will harm the public health, safety and welfare of the citizens of the City of La Quinta, and that the approval of additional requested changes to design; requests for building permits, or requests for amendments to subdivision maps which include size variations of greater than ten percent (10%) compared to the originally approved and built units would result in a threat to the public heath, safety, and welfare of the community; and, WHEREAS, it is necessary for this Ordinance to become immediately effective to enable the City to adequately protect the health, safety, and welfare of the community. NOW, THEREFORE, the City Council of the City of La Quinta, California does hereby ordain as follows: ORDDRFT.039 1 Ordinance 93-236 SECTION 1. That a Section 9.32.020 G be added to Title 9, Chapter 9.32 of the La Quinta Municipal Code and to read as follows: "No building permit, design approval or subdivision amendment shall be granted to construct a unit in a residential subdivision where some portion of the subdivision has previously been constructed and the square footage of the unit to be constructed will deviate more than ten percent (10%) from the square footage of that portion of the subdivision previously constructed. SECTION 2. This Chapter 9.32.020 shall expire and be of no further force and effect on December 16, 1993, but may be extended pursuant to the procedure set forth in California Government Code Section 65858(a). SECTION 3. This Interim Ordinance is necessary for the immediate preservation of the public health, safety, and welfare, and therefore it is hereby declared that this is an urgency ordinance which shall take effect immediately upon its adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this interim ordinance and shall cause the same to be posted in three public places in the City of La Quinta, and the same shall be in full force and effect immediately after its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of La Quinta, California, on this end day ofNovember , 1993, by the following vote, to wit: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSENT: Council Member McCartney ABSTAIN: None A ST: AUNDRA L. JUH A, City Clerk City of La Quinta, California 'All'bil , 0/dAtPa ,/-/ 0 d DAWN HONEYWELL, City Attorney City of La Quinta, California r\J0 ( AU,- L JOHN PE , Mayor City of La Quinta, California ORDDRFT.039 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 236 which was introduced and adopted at a regular meeting held on the 2nd day of November as an urgency measure. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta as specified in a resolution of the City Council. JAUNDRA L. JUH LA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing Ordinance was posted on November 16, 1992 pursuant to City Council Re lution. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California