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HomeMy Public PortalAboutOrd 1188ORDINANCE NO. 1188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING THE GENERAL PLANIZONING MAP LAND USE DESIGNATION FROM RESIDENTIAL LOW DENSITY (R-L-3) TO OPEN SPACE PUBLIC PARK (OS/PP) ON APPROXIMATELY 1.1 ACRES LOCATED AT 70105 FRANK SINATRA DRIVE UNDER GENERAL PLAN/ZONING MAP AMENDMENT CASE NO. GPZMA20- 0003 WHEREAS, In November of 2020, the City acquired the subject property (70105 Frank Sinatra Drive having APN 689-100-040, the "Project Site"). At the time of purchase, the property contained a dilapidated home, casita and tennis court, all of which were damaged beyond reasonable repair. Upon further review, the property was deemed a threat to public safety and was subsequently demolished. The site is currently vacant and the project ; and WHEREAS, the Project Site is located within the Residential Low Density (R-L-3) zone of the City's General Plan is not within the boundary of a specific plan area; and WHEREAS, it is desired that the zoning for the Project Site be changed from Residential Low Density (R-L-3) to Open Space Public Park (OS/PP), to accommodate an expansion of the Michael S. Wolfson Park, consistent with goals and policies adopted in the Rancho Mirage General Plan, as identified in more detail in the associated staff report; and WHEREAS, pursuant to Rancho Mirage Municipal Code section 17.72.040, the City Attorney provided an independent written staff report to the City Council finding that the City of Rancho Mirage ("City") has the requisite authority to adopt the proposed Zoning Amendment, that such amendment is constitutionally valid under the state and federal constitution, and is consistent with the general powers and purposes of the City, the City Charter, and all other applicable federal, state and local laws; and WHEREAS, on July 22, 2021, the City of Rancho Mirage Planning Commission Planning Commission") conducted a properly noticed public hearing to consider the Zoning Amendment, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and WHEREAS, on September 16, 2021, subsequent to receipt of the written recommendation of the Planning Commission, the City Council conducted a properly noticed public hearing to consider the Zoning Amendment, at which testimony and evidence, both written and oral, were presented to and considered by the City Council. NOW THEREFORE, THE CITY COUNCIL DESIRES TO AMEND THE GENERAL PLAN/ZONING MAP LAND USE DESIGNATION AS FOLLOWS: Section 1. RECITALS That the above Recitals are true and correct and are incorporatedped as though fully set forth herein. Section 2. APPROVAL OF GENERAL PLAN/ZONING MAP AMENDMENT That the City Council approve General Plan/Zoning Map Amendment Case No. GPZMA20-0003, as more particularly described in Exhibit "A." Section 3. ENVIRONMENTAL REVIEW That the adoption of this Ordinance constitutes a project under the California Environmental Quality Act ("CEQA"). Pursuant to California Environmental Quality Act CEQA), this project is exempt under CEQA Guidelines 15061(b)(3) and 15304 (Class 4), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and consists of potential minor public alterations in the condition of the land which do not involve removal of healthy, mature scenic trees, respectively. Section 4. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this Ordinance pursuant to Section 1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is consistent with the general power and purposes of the City as set forth in Section 1.04.031 of the Municipal Code. Section 5. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. Section 6. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the City of Rancho Mirage's zoning map and its general plan as heretofore adopted by the City that are in conflict with the provisions of this Ordinance are hereby repealed. Section 7. AMENDING OF BAIL SCHEDULE That the City Attorney's Office is hereby directed to determine whether this 2 Ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 8. EFFECTIVE DATE That this Ordinance shall take effect on the 30th day following its second reading by the City Council. Section 9. CERTIFICATION That the City Clerk shall certify to the passage hereof, and cause it to be posted as required by law. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] W The foregoing Ordinance was approved and adopted at a meeting of the City Council held on October Ph, 2021, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. CITY OF RANCHO MIRAGE: Te"eil ayor ATTEST: Kristie Ramos, City Clerk APPROVED AS TO FORM: Cor - Steven B. Quintanilla, City Attorney II-lkdV-,Vi GENERAL PLAN/ZONING MAP AMENDMENT CASE NO. GPZMA20-0003 SEE ATTACHED) Project Description: The project proposes to change the zoning of an existing vacant lot that borders the east side of Michael F. Wolfson Park from residential to open space, consistent with the zoning of the park. Location: 70105 Frank Sinatra Drive APN: 689-100-040 Existing: R-L-3 Michael F. Wolfson Park Proposed: N ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF RANCHO MIRAGE) I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 1188 was introduced by first reading at a regular meeting of the City Council held on September 16, 2021, by the following vote: AYES: Hobart, Kite, Townsend, Weill, NOES: None. ABSENT: Smotrich. ABSTAIN: None. Ordinance No. 1188 was adopted at a regular meeting of the City Council held on October 7th, 2021, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. I further certify that I have caused Ordinance No. 1188 to be posted and/or published, as required by law (GC Sect. 36933), Kristie Ramos City Clerk J