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PCRES 2004-108PLANNING COMMISSION RESOLUTION 2004-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL, AN AMENDMENT TO CHAPTER 9 SECTIONS 9.40.010-TABLE 9-1, 9,80.040-TABLE 801, 9.150-080.M.5.a. AND 9.100.040.B.1.a.OF THE LA QUINTA MUNICIPAL CODE CASE NO.: ZCA 2004-081 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h of December, 2004, hold duly noticed Public Hearings to make certain Amendments to the Municipal Code, to change fences and walls as an accessory use to a permitted use; to allow retail stores 10,000 to 50,000 and retail stores over 50,000 square feet floor in the Commercial Park (CP) designation; and change the 15% required landscaping noted in Section 9.150.080.M.5.a to read 5% as stated in Section 9.100.040.B.1.a., as this was the intent and percentage usually used in Zoning Code; and WHEREAS, the Text Amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings recommending approval of said Zoning Code Amendment: 1. The proposed Amendments are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed Amendments will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City=s standards and requirements. 3. The proposed Amendments support the orderly development of the City. 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 constitute the findings of the Planning Commission in this case. P:\Reports - PC\12-28-2004\ZOA 081 \Reso -code resvisions. doe 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines. 3. That it does recommend approval of Zoning Code Amendment 2004-081 to the City Council for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28" day of December, 2004, by the following vote, to wit: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk NOES: None ABSENT: None ABSTAIN: None 0 URK, Chairman City of La Quinta, California ATTEST: THOMAS P. GENOVESE, City Manager/ Interim Community Development Director City of La Quinta, California P:\Reports - PC\12-28-2004\ZOA 081 \Reno -code resvisions.doc Planning Commission Resolution 2004-108 Zoning Code Amendment 2004-081 Adopted: December 28, 2004 EXHIBIT "A" Section 9.40.010 Table 9-1 — Permitted Uses in Residential District Proposed Addition to Table 9-1 Permitted Uses in Residential Districts Land Use I RVL RL RC RM RMH RH Fences and walls, subject to Section 9.60.030 1 A P A P A P A P A P A P Section 9.080.040, Table 801 — Permitted Uses in NonResidential Districts Proposed Addition to Table 801 Land Use Retail stores 10,000 — 50,000 sq/f floor Retail stores over 50,000 sq/ft floor area Permitted Uses in NonResidential Districts - --- --- --- CR CP I CC CN CT CO MC f 1 ----�i t C xC C X X X X _ I I C AFC C X X X X I Section 9.150.080.M.5.a and Section 9.100.040.B.1 .a. Section 9.150.080.M.5.a. changed to read "...landscaping equal to at least five percent of the net project area shall be provided within parking areas". P:\Reports - PC\12-28-2004\ZOA 081 \Reso -code resvisions.doc