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ORD 294ORDINANCE NO. 294 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RESTRICTING THE ISSUANCE OF BUILDING PERMITS UNLESS COVE RESIDENTIAL DEVELOPMENT STANDARDS ARE MET IN THE AREA BOUNDED BY AREA A: BOUNDED BY AVENIDA NUESTRA TO THE SOUTH, CAL'rLE RONDO ON THE EAST, AVENIDA ULTIMO ON THE NORTH AND WASHINGTON STREET ON THE WEST; AREA B: BOUNDED BY SAGEBRUSH ON THE NORTH 50TH AVENUE ON THE SOUTH, WASHINGTON STREE� ON THE WEST AND THE EVACUATION CHANNEL ON' THE EAST; AREA C: BOUNDED BY LA FONDA ON THE NORTH, AVENIDA NUESTRA ON THE SOUTH, WASHINGTON STREET ON THE EAST AND 100-FEET WEST OF CALLE GUATEMALA; AND AREA D: EAST OF THE! BEAR CREEK CHANNEL, NORTH OF MONTEZUMA, WEST OF THE YUCATAN AREA. WHEREAS, the City Council of the City of La Quinta wishes to promote the City of La Quinta's great interest in protecting and preserving the quality of the residential, commercial and industrial areas of the City, and the quality of life through effective land use planning; and, WHEREAS, the City Council has, recently approved an extensive revision to the City's entire Zoning Ordinance which removed certain development restrictions from the area bounded by AREA A: Bounded by Avenida Nuestra to the south, Calle Rondo on the east, Avenida Ultimo on the north and Washington Street on the west; AREA B: Bounded by Sagebrush on the north 50th Avenue on the south, Washington Street on the west, and the Evacuation Channel on the east; AREA C: Bounded by La Fonda on the north, Avenida Nuestra on the south, Washington Street on the east, and 100-feet west of Calle Guatemala; and AR A D: East of the Bear Creek Channel, north of Montezuma, west of the Yucatan a ea; and, WHEREAS, it has come to the attention of the Council and the neighborhood effected by the removal of thos restrictions that insufficient public input was received during the Zoning Ordinance u�date to determine whether the removal of said restrictions best suited the land use (development for that neighborhood and that immediate additional study and review of the potential impacts is needed with more involvement of the impacted property owners and residents; and, WHEREAS, the City Council adopted Ordinance No. 289 as an urgency because unless the issuance of building permits is stopped altogether or building permits are allowed only where the RC Covey Residential District development ORDRES.COVE Ordinance No. 294 Page 2 standards are met, the character of the neighborhood may be permanently altered by construction which would not meet the existing character and nature of existing development and in a manner contrary to the best planning guidelines for the area and the residents and property owners therein; and, WHEREAS, the City Council conducted a duly -noticed public hearing on December 17, 1996, to consider an extension of the Urgency Ordinance; and, WHEREAS, it is necessary for the Urgency Ordinance to be extended to enable the City to adequately protect the health, safety, and welfare of the community; and, WHEREAS, Government Code Section 65858 authorizes the City to adopt an urgency measure to regulate uses which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission, or Community Development Department is considering or studying or intends to study within a reasonable time; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta, California, hereby ordains as follows: SECTION 1: That Section 9.30.040 as adopted by Ordinance No. 289, is continued from December 27, 1996, to September 30, 1997, unless sooner repealed or otherwise modified. In addition, Section 9.30.040 may be extended pursuant to the provisions set forth in Government Code Section 65858(a). SECTION 2: A Section 9.30.040 shall be added titled "Interim RC Cove Residential District" to the Municipal Code which shall provide: "No building permit shall be issued in the area bounded by AREA A: Bounded by Avenida Nuestra to the south, Calle Rondo on the east, Avenida Ultimo on the north and Washington Street on the west; AREA B: Bounded by Sagebrush on the north, 50th Avenue on the south, Washington Street on the west, and the Evacuation Channel on the east; AREA C: Bounded by La Fonda on the north, Avenida Nuestra on the south, Washington Street on the east, and 100-feet west of Calle Guatemala; and AREA D: East of the Bear Creek Channel, north of Montezuma, west of the Yucatan area unless the RC Cove Residential District development requirements are met in addition to any other applicable requirements." ORDRES.COVE Ordinance No. 294 Page 3 SECTION 3: This Interim Ordinance is 15262 and Section 15269 because it is an npt under CEQA pursuant to Section rgency interim planning action only. SECTION 4: This Ordinance is an Urge cy Ordinance pursuant to Government Code Section 65858 and shall take effect irnmediately upon its adoption. The City Council declares that there is a current and immediate threat to the public health, safety, or welfare in the absence of appropria a regulations to reduce, to the greatest extent possible, in the appropriate and inco patible development without a full and complete review of new standards by the ne ghborhood which is affected. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately after its adoption. SECTION 6: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same t be posted in at least three public places designated by resolution of the City Council and shall cause this Ordinance and its certification, together with proof of posting, t be entered into the Book of Ordinances of this City. PASSED, APPROVED AND ADOPTED at a meeting of the City Council held on this 17th day of December, 1996, by the following vote: AYES: Council Members Adolph, Hen( NOES: None ABSENT: None ABSTAIN: None A EST: ANDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWEL , City Attorney City of La Quinta, California ORDRES.COVE rson, Perkins, Sniff, Mayor Holt vl� GLENDA L. HOLT, Mayor City of La Quinta, California STATE OF CALIFORNIA 1 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. 294 which was introduced and adopted as an urgency ordinance on the 17th day of December, 1996. I f rther certify that the foregoing ordinance was posted in three (3) places within the C t of La Quinta as specified in a resolution of the City Council. SAUNDRA L. JUHOLA, 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 ceryfy that the foregoing ordinance was posted on January 7, 1997 pursuant to City Cobricil Resolution. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California