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PCRES 1996-014PLANNING COMMISSION RESOLUTION 96-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT 96-050 TO THE LA QUINTA MUNICIPAL CODE, TITLE 9, RELATING TO ZONING CODE, AS NOTED IN EXHIBIT "A", REPLACING EXISTING TITLE 9, AND DELETION OF CHAPTERS 5.36, 5.37, 5.64, 5.68, AND A PORTION OF CHAPTER 5.72 AND SECTION 6.08.105 PER ATTACHED EXHIBIT "B" AND AMENDMENT OF TITLE 9, PER EXHIBIT "C". CASE NO. ZOA 96-050 CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California. did on the 23rd day of April, 1996, and 14th day of May, 1996, hold duly noticed Public Hearings to consider zoning regulations for use in the City of La Quinta; 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, findings, and reasons to justify the recommendation for approval of said Zoning Ordinance Amendment. The proposed Zoning Ordinance Amendment will not adversely affect the planned development of the City in that the Ordinance will establish more stringent standards and regulations according to the goals and objectives of the La Quinta General Plan 2. The proposed Zoning Ordinance Amendment will not be detrimental to the health, safety, and welfare of the City in that the new standards and regulations are in conformance with the 1992 update of the City's General Plan. The Ordinance will apply City-wide and provide a comprehensive set of standards and regulations for development thereby improving the quality of life for City residents. There will be no significant adverse impacts resulting from this Zoning Ordinance Amendment because the regulations by their nature, create conditions which enhance, control, and are compatible with the environment and designed to mitigate negative impacts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case; and, 2. That it does hereby recommend to the City Council approval of Zoning Ordinance Amendment 96-050 for the reasons set forth in this Resolution and as noted in Exhibit "A", msopc.201 Planning Commission Resolution 96-014 on file in the Community Development Department and known as the City ofLa Quinta Zoning Code; and, 3. That it does recommend deletion of Municipal Code Chapters 5.36, 5.37, 5.64, and 5.68 in their entirety; and, 4. That it does recommend amendment of Chapter 5.72 and Section 6.08.105 as noted in attached Exhibit `B". 5. That it does recommend Amendment of Title 9 as noted in attached Exhibit `B". PASSED, APPROVED, and ADOPTED at a regular meeting of the .La Quinta Planning Commission, held on this 14th day of May, 1996, by the following vote, to wit AYES: Commissioners Anderson, Barrows, Butler, Gardner, Newkirk, Tyler and Chairman Abels NOES: NONE ABSENT: NONE ABSTAIN: NONE LABELS, Chairma Quinta, California ATTEST: JERK Community Development Director City f La)Quinta, California resope.201 EXHIBIT "B" Planning Commission Resolution 96-014 Zoning Ordinance Amendment 96-050 May 14, 1996 CHAPTER 5.72 IS HEREBY AMENDED AS FOLLOWS: CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED Sections: 5.72.010 Police Permit required before conducting locksmith business 5.72.020 Revocation of permits EXHIBIT B.ZOA 5.72.010 Police permit required before conducting locksmith business. No person shall conduct or carry on the business of locksmith, or a key or lock repair shop or business, without having applied for and been granted a permit therefor by the Chief of Police. Such permits shall be issued in cases where, after investigation, the Chief of Police determines that the applicant and proposed participants in the business or business activity are of good moral character, and that the issuance of the permits will not prejudice the public peace, safety, morals, or welfare. (Ord. 10§ 1 (part), 1982) 5.72.020 Revocation of permits. The City Council shall have the power to revoke any permit issued pursuant to Section `.'''� , nor 5.72.020, after a hearing conducted with due notice and in accordance with the legal principles of due process, and as a result of which hearing, the Council finds and deternlines that factual grounds exist, irrespective of when they first arose, which would justify denial of issuance of a permit in the first instance, under the criteria prescribed in the section under which the permit was issued (Ord. 10§ 1 (part), 1982) Section 6.08.105 is hereby amended as follows: 6.08.105 Animal manure prohibited unless odorless. It is a nuisance, and it is unlawful, for any person to use, stockpile, have in possession, deliver or convey any form of animal manure at or to a point within the City unless the manure has been processed or treated so as to render it substantially free of unpleasant odor. This section shall not apply to domesticated pets' excrement the maze nor to equestrian facilities regulated under the Equestrian Overlay District except where manure is spread over any area within such a facility. EXHIBIT B.ZOA EXHIBIT "C" Planning Commission Resolution No. 96- 014 Zoning Ordinance Amendment 96-050 May 14, 1996 Amend 9.28.030, Definition of Terms, as follows: Bedroom means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. Amend 9.60.030 E. l.c, Fence Construction and Materials, as follows: Malulel Wifidt allows standing wate, to dtain fiont the post hole. The posts shall be installed on the interior side of the lot with fencing material on the outside edge of the support posts. Amend 9.100.150.B.2, Screening, as follows: Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section 9.100.200 Gates shall not open toward a public street. Decorative overhead structures such as metal trellises shall be integrated into the enclosure design or tall landscaping planted on the affected side if it is visible from higher terrain or buildings. resope.204