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ORD 382 ORDINANCE NO. 382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY ZONE CHANGE 2003-110 VISTA ENCANTO LA QUINTA L.P. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 11th day of March, 2003, hold a duly-noticed Public Hearing to consider a recommendation on Zoning Code Amendment 98-060; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council denial of Zone Change 2003-110; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of April, 2003, hold a duly-noticed Public Hearing to consider the recommendation of the La Quinta Planning Commission on Zone Change 2003-110; and, WHEREAS, at said Public Hearing, the La Quinta City Council did in fact reject the Planning Commission recommendation for denial of the referenced case, directing staff to prepare the necessary findings to grant approval of Zone Change 2003-110; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2003-468); and, WHEREAS, the Community Development Director has determined that Zone Change 2003-110 will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, at a public meeting held on 6th day of May, 2003, said City Council did affirm their rejection of the Planning Commission findings to recommend denial of the referenced case, and further, did find the following facts to justify approval of Zone Change 2003-110: 1. This Zone Change is consistent with the General Plan in that the proposed Zone Change will allow increased housing opportunities while maintaining a Iow density character in the area, consistent with the goals as stated in the General Plan. Ordinance No. 382 Zone Change 2003-110 / Vista Encanto Adopted: May 20, 2003 Page 2 2. The Zone Change is suitable and appropriate for the property involved because it is a small, isolated area situated on a Primary Arterial, which is more suitable for the higher intensity residential use. 3. The new zoning designation is compatible with the similar designations within the City in that contiguous properties have been included and other residential projects of varying types are being developed in the immediate area of the subject lands. 4. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare, in that the properties involved are served with adequate utilities, public services and access to properly supported development at the requested land use designation. 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 rezone a portion of real property, from Very Low Density Residential to Low Density Residential, generally located between the La Quinta Polo Estates to the east, the Ali-American Canal to the northwest, and Avenue 52 to the south. Property is more specifically referred to as APN's 772-270-008, 009 and 010 and as contained in Exhibit "A" attached hereto. SECTION 2. ENVIRONMENTAL: Zone Change 2003-110 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1 970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Director has determined that Zone Change 2003-11 0 will not have a significant adverse effect on the environment. 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 La Quinta City Council, held on this 20th day of May, 2003, by the following vote' - . r Ordinance No. 382 Zone Change 2003-110 / Vista Encanto Adopted: May 20, 2003 Page 3 AYES' Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON AD~_PH, I~layor City of La Quinta, California ATTEST: J REEK, CMC,-~-fft'y Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM' M. KAT~IERINE JF~SON, City Attorney City of La Quinta, California