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
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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.
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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
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