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PCRES 1989-026PLANNING COMMISSION RESOLUTION NO. 89-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM R-2-9600, R-2-2500, AND R-5 TO R-1, R-2, AND C-P-S ON A +151-ACRE SITE. CASE NO. CZ 89-037 - A.G. SPANOS CONSTRUCTION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of June, 1989, hold a duly -noticed Public Hearing to consider the request of A.G. Spanos Construction for a Change of Zone, from R-2-9600, R-2-2500, and R-5 to R-1, R-2, and C-1 for a +151-acre site, located at the northeast corner of Washington Street arLd 48th Avenue, more particularly described as: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; WHEREAS, said Change of Zone request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution No. 82-213, adopted by reference in City of La Quinta Ordinance No. 5), in that the Planning Director conducted an initial study, and has determined that the proposed Change of Zone will not have a significant effect on the environment; and, WHEREAS, Staff has recommended that the! C-P-S zoning district be employed rather than the C-1 zone district, in order to allow more discretionary review of commercial uses which may be in conflict with the proposed Highway 111 Specific Plan; and, WHEREAS, mitigation of various physical impacts have been identified and will be incorporated into the approval conditions for Tentative Tract 24230 in conjunction with this Change of Zone, thereby requiring that monitoring of those mitigation measures be undertaken to assure compliance with them; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to justify the approval of said Change of Zone: MR/RESO89.032 -1- 1. The recommended Change of Zone to R-1, R-2, and C-P-S is consistent with the goals and policies of the La Quinta General Plan and surrounding properties. 2. R-1, R-2, and C-P-S zoning is consistent with the existing General Plan land use designation of Mixed Commercial, in that the uses permitted will further the intent of this land use category through policies contained in the Highway 111 Specific Plan policy previews. 3. Approval of this Change of Zone will not result in a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby confirm the conclusion of Environmental Assessment No. 89-110, indicating that the proposed Change of Zone will not result in any significant environmental impacts, and that a Negative Declaration should be filed; 3. That it does hereby recommend to the City Council approval of the above -described Change of Zone request for the reasons set forth in this Resolution, and as illustrated on the map labeled Exhibit A, attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 13th day of June, 1989, by the following vote, to wit: AYES: Commissioners Steding, Zelles, Chairman Walling NOES: None ABSENT: Commissioner Bund ABSTAIN: Commissioner Moran JO WALLING, Chairm y of La Quinta, alifornia ATTEST: RY H99PO, Planning Director Ci y of� a Quinta, California MR�RESO89.032 -2- N89`3Y'1/' ZGG6.G5� 48th AVENUE PROPONENT: A.G. SPANOS CONSTRUCTION CITY CASE NUMBER: CZ 89-037 LOCATION: NORTHEAST CORNER AVENUE 48 ALIGNMENT AND WASHINGTON STREET CHANGE OF ZONE No. 89•-037 EXHIBIT A LEGAL DESCRIPTION EXHIBIT A THE LAND REFERRED TO 1N THIS REPORT IS SITUATED IN THE ST, OF CALIFORNIA, COUNTY OF RIVERSIDE_, CITY OF LA QUINTA AND DESCRIBED AS FOLLOWS: PARCEL 1! THE EAST 60 ACRES OF THAT PORTION OF THE SOUTH HALF OF THE SOU QUARTER OF SECTION 301 TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BER BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LY NORTH OF THE NORTH LINE OF 48TH AVENUE, (60.00 FEET WIDE), EAST OF THE EAST LINE OF WASHINGTON STREET (6D.DO FEET W1D1 TOGETHER WITH THAT PORTION OF THE SOUTHERLY 30 FEET OF S, SOUTHEAST QUARTER OF SAID SECTION 30 ABANDONED BY RESOLUT 75-191 A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 14, 1' AS INSTRUMENT NO. 4956 OF OFFICIAL RECORDS OF RIVERSIDE COUN CALIFORNIA, LYING EASTERLY OF THE SOUTHERLY PROLONGATION THE WESTERLY LINE OF SAID EAST 60 ACRES: EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE COUNTY OF RIVI RECORDED SEPTEMBER 141 1979 AS INSTRUMENT NO. 194981 OF OFFIC RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPT THAT PORTION LYING WITHIN ADAMS STREET. PARCEL 2- THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SEC 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST) SAN BERNARDINO BASE MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING NO, OF THE NORTH LINE OF 48TH AVENUE (60.D0 FEET WIDE), EAST THE EAST LINE OF WASHINGTON STREET (60.00 FEET WIDE), TOGETI WITH THAT PORTION OF THE SOUTHERLY 30.DO FEET OF SAID SOUTHE QUARTER OF SAID SECTION 30 ABANDONED BY RESOLUTION 75-19 CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 14, 1975 AS INSTRI NO. 4956 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORN LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTEI LINE OF THE EAST 60 ACRES OF SAID PORTION OF THE SOUTH H, OF THE SOUTHEAST QUARTER OF SECTION 30, LYING NORTH AND E, OF SAID STREETS ABOVE DESCRIBED; 1802851 EXCEPT ANY PORTION LYING WITHIN THE EAST 60 ACRES THEREOF; ALSO EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE COUNTY OF RIVERSIDE RECORDED SEPTEMBER 14, 1979 AS INSTRUMENT NO. 194981 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL_3_ THE SOUTH HALF OF THE SOUTHWEST QUARTER OF OF SOUTHEAST QUARTER OF SECTION 301 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, PLAT THEREOF, LYING EAST OF THE EAST LINE (60.00 FEET WIDE); EXCEPT THAT PORTION DESCRIBED IN THE DEED RECORDED SEPTEMBER 141 1979 AS INSTRUMENT RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCELA: THE NORTHWEST QUARTER TOWNSHIP 5 SOUTH, RANGE ACCORDING TO THE OFFICI OF WASHINGTON STREET TO THE COUNTY OF RIVERS NO. 194981 OF OFFICIAL THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF THE 'SOUTHEAST QUARTER OF SECTION 301 TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNAR BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 5: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPT THE WESTERLY 30.00 FEET CONVEYED TO THE COUNTY OF RIVERSID 1N DEED RECORDED SEPTEMBER 21 1919 IN BOOK ,508 PAGE 304 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 6: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPT THE NORTH 230.00 FEET OF THE EAST 330.00 FEET CONVEYED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT BY GRANT DEED RECORDED APRIL 26, 1974 AS INSTRUMENT NO. 49270 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THAT PORTION LYING WITHIN ADAMS STREET.