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PC Resolution 2010-005PLANNING COMMISSION RESOLUTION 2010-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2009- 138 FOR PROPERTY LOCATED GENERALLY EAST OF THE CVWD DIKE #4, BETWEEN AVENUES 60 AND 62, AND WEST OF TRILOGY PROJECT CASE NO.: ZONE CHANGE 2009-138 APPLICANT: SHEA HOMES WHEREAS, the Planning Commission of the City of La Quinta, California, did on did on the 23`d day of February, 2010, hold a duly noticed Public Hearing to consider the request of Shea Homes for a zone change from Low Density /Agricultural - Equestrian Residential to Medium Density Residential for property generally located east of the CVWD Dike #4, between Avenues 60 and 62, and west of Trilogy project, more particularly described as: APN: 764-280-004 WHEREAS, said Zone Change complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2009-607) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures for EA 2.009-607 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non - significance; 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 recommending approval of said Zone Change. 1. This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan and compatible with the adjacent residential designation to the north and east. 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting construction will require Planning Commission review and approval of future development plans, which will ensure that the development meets standards that will not be materially detrimental. 3. The zone designation is compatible with the designations on adjacent properties because the Planning Commission review ensures compatibility, and the adjacent uses to the north and east are the same as the proposed use. Planning Commission Resolution 2010-005 Zone Change 2009-138 Shea Homes Adopted: February 23, 2010 4. The zone designation is suitable and appropriate for the property involved because it is compatible with surrounding projects zoning to the north and east and has been rough graded in anticipation of residential development. 5. The situation and general conditions have substantially changed since the existing zone designations were imposed in that agricultural and equestrian uses have not developed in the immediate area and residential uses similar to the proposed have. 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 Planning Commission in this case; 2. That it has recommended to the City Council certification of a Mitigated Negative Declaration of environmental impact; 3. That it does hereby recommend to the City Council approval of Zone Change 2009-138 as shown on the attached Exhibit "A"; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 23rd day of February, 2010, by the following vote, to wit: AYES: Commissioners Weber, Wilkinson, and Vice -Chairperson Barrows NOES: None ABSENT: Commissioners Quill and Chairman Alderson ABSTAIN: None KATIE BARROWS, Vice -Chairperson City of La Quinta, California ATTEST: DAVID SAWYER, Plan ing Manger City of La Quinta, California Planning Commission Resolution 2010- 005 Zone Change 2009-138 Shea Homes Adopted: February 23, 2010 EXHIBIT "A" N' Q 0 n (D N M CO Low Density Agriculture/ Equestrian Residential Residential TR I LOG)