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PCRES 2007-009APLANNING COMMISSION RESOLUTION 2007-009A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2006-129, ADJUSTING THE EXISTING SPECIAL ZONING SYMBOL IN ORDER TO REDUCE THE EXISTING 15 FOOT REAR SETBACK TO 10 FEET ON PROPERTIES LOCATED WEST OF WASHINGTON STREET, NORTH OF AVENIDA NUESTRA, SOUTH OF AVENIDA LA FONDA AND TO THE EAST OF A BOUNDARY LINE LOCATED 100 FEET WEST OF CALLE GUATEMALA. J~ CASE NO.: ZONE CHANGE 2006-129 APPLICANT: CITY OF LA O.UINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`" of February, 2007, hold a duly noticed Public Hearing for aCity-initiated request for a Zone Change from ,-/",', to xM/~o//s/t0i for certain single-family residential properties located south of Avenida La ' Fonda, west of Washington Street, north of Avenida Nuestra, and east of a boundary line located 100 feet west of Calle Guatemala, in order to provide for a reduction of the -rear setback from fifteen to ten feet, on property more particularly described as: Desert Club Tract Unit No. 2 WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2006-575 for this Change of Zone in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that a Negative Declaration of environmental impact be adopted. A Notice of Intent to Adopt a Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes.; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on February 17, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Planning Commission Resolution 2007-009A Zone Change 2006-129 City of La Quinta February 27, 2007 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: 1. Consistency with the General Plan: The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will not deviate from the existing Medium Density Residential land use identified in the General Plan. 2. Public Welfare: Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to the existing open space, nor will it have an effect on the conditions of the existing neighborhood. 3. Land Use Compatibility: The new zoning is compatible with existing and surrounding zoning designations in that it will have no effect on existing land use and will provide for continued single-family development in a manner consistent with the existing character of the neighborhood. 4. Change in Circumstances: Approval of the new zoning is warranted because the resulting setback reduction has been determined to have no impact on the existing residential conditions and will not result in a change to the character of the neighborhood, due to the fact that a significant number of homes have already been constructed with the reduced rear setback. 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. 2. That the Planning Commission does hereby recommend approval of Zone Change 2006-129, modifying the special zoning symbol from "M' t0 RM120I/5/701 in order to reduce the rear setback from fifteen to ten feet, as contained in the attached Exhibit "A", to the City Council for the reasons set forth in this Resolution. •~ Planning Commission Resolution 2007-009A Zone Change 2006-129 City of La Quinta February 27, 2007 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on the 27`" day of February, 2007, by the following vote, to wit: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill NOES: None ABSENT: Commissioner Daniels ABSTAIN: None ATTEST: L v* DOUGLAS .E ANS Community Development Director City of La Quints City of La Quinta, California