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ORD 367 ORDINANCE NO. 367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTERS 9.220, 9.230 AND 9.240 OF THE LA QUINTA MUNICIPAL CODE RELATING TO PROCEDURES FOR THE AMENDMENT OF THE DEVELOPMENT CODE, GENERAL PLAN AND SPECIFIC PLANS CASE NO.: ZONE CODE AMENDMENT 2002-071 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of MARCH, 2002, hold a duly noticed Public Hearing for review of amendments to the Municipal Code, Sections 9.220, 9.230 and 9.240, allowing the Community Development Director to initiate Amendments to the General Plan, Zone Changes, or approved Specific Plans; 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 City Council did make the following mandatory findings recommending approval of said Zone Code Amendment: 1. The proposed Amendments are consistent with the General Plan, in that they provide flexibility for the City in implementing land use and General Plan amendments. 2. The Zone Code Amendment will not be detrimental to the public health, safety and welfare, as it only applies to procedural functions of the Zoning Ordinance. 3. The Zone Code Amendment is compatible with the City's Zoning Ordinance in that it allows flexibility in its implementation. 4. The Zone Code amendment supports the orderly development of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE. To amend Sections 9.220, 9.230 and 9.240 of the Municipal Code as provided in Exhibit A, attached to this Resolution. Ordinance No. 367 Amending Chapters 9.220, 9.230 and 9.240 Adopted: March 20, 2002 Page 2 SECTION 2. ENVIRONMENTAL. This Zoning Code Amendment has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the amendments are found to be exempt from CEQA pursuant to Chapter 2.6. Section 21080 of the Public Resources Code, and Section 15268, Ministerial Projects, of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on this 2nd day of April, 2002, by the following vote: AYES' Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT' None ABSTAIN: None ~iOt~l No~~u~t~, Califo~Y°r rnia ATTEST' ~~S. G R E E K'~, C' M~ City of La Quinta, California (City Seal) Ordinance No. 367 Amending Chapters 9.220, 9.230 and 9.240 Adopted: March 20, 2002 Page 3 APPROVED AS TO FORM' cMi ~ yK oAfTLHaI~RQlu~ nEt aJ ,E cN aSl iOf N/'/.~ty Att°rnedrhia Y STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 367 which was introduced at a special meeting held on the 20th day of March, 2002, and was adoPted at a regular meeting held on the 2nd day of April, 2002, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUN~.d~REEK, CMC, Ci~ Clerk City of La Quinta, California Ordinance No. 367 EXHIBIT "A" Chapters 9.220, 9.230, 9.240 Adopted: March 20, 2002 Chapter 9.220 ZONE CHANGES AND CODE AMENDMENTS Section 9.220.010.C. Who May Apply. Amend to read: 1. The owner of the property or by the owner's agent (with written notarized authorization from the owner); 2. The City Council by a majority vote; 3. The Planning Commission by a majority vote; or 4. The Community Development Director. Section 9.220.010.D.3. Review Procedures. Amend to read: 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification may be referred to the Planning Commission for report back to Council. A public hearing shall not be required for such Planning Commission review. Section 9.220.020.C. Who May Apply. Amend to read: A Code Amendment may be initiated by: 1. The City Council; 2. The Planning Commission by a majority vote; or 3. The Community Development Director; Chapter 9.230 GENERAL PLAN AMENDMENTS Section 9.230.010.C. Who May Apply. Amend to read: 1. The owner of the property or by the owner's agent (with written notarized authorization from the owner); 2. The City Council by a majority vote; Ordinance No. 367 EXHIBIT "A" Chapters 9.220, 9.230, 9.240 Adopted: March 20, 2002 3. The Planning Commission by a majority vote; or 4. The Community Development Director. Section 9.230.010.E.1. Frequency of General Plan Amendment. Modify to read: 1. General Plan elements specified as mandatory in the State Government Code may be amended pursuant to City Council Resolution 2000-77. Each amendment may include more than one change to the General Plan. Section 9.230.020.A.3. Review Procedures and Findings. Modify to read: 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification may be referred to the Commission for report back to the Council. A public hearing shall not be required for such Commission review. Chapter 9.240 SPECIFIC PLANS Section 9.240.010.C. Who May Apply. Amend to read: C. Who May Apply. A Specific Plan or Specific Plan Amendment application may be initiated by: 1. The City Council; 2. The owner of the property or by the owner's agent (with written notarized authorization from the owner); 3. The Planning Commission by a majority vote; or 4. The Community Development Director.