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ORD 387ORDINANCE NO. 387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CHANGING 2.33 ACRES OF LAND CURRENTLY DESIGNATED COMMUNITY COMMERCIAL (CC) TO LOW DENSITY RESIDENTIAL (RL) AT THE NORTHEAST CORNER OF CALEO BAY AND VIA FLORENCE CASE NO.: ZONE CHANGE 2003-114 APPLICANT: JIM HAYHOE WHEREAS, the City Council of the City of La Quinta, California, did on the 1" day of July, 2003, hold a duly noticed Public Hearing for Mr. Jim Hoyhoe for review of a Zone Change to allow Low Density Residential zoning on a '2.33- acre site (three parcels) located at the northeast corner of Caleo Bay and Via Florence, described as follows: APN: 643-200-009 to -01 1; Parcels 9-1 1 of Parcel Map 27892 WHEREAS, on 8th day of April, 2003, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and WHEREAS, it is recognized that the current Official Zoning Map (,(Zone Code Section 9.220.010), consisting of Zoning Districts, requires a revision in accordance with Government Code Section 65860 per General Plan Amendment 2003-092 to assure consistency with State requirements; and WHEREAS, the La Quinta Planning Commission on 101h day of June, 2003, did consider the land use change, and its related development applications, and by a 5-0 vote, recommended approval to the City Council by adoption of Resolution 2003-035; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on June 10, 2003, for tho July 1, 2003 City Council meeting, as prescribed by Section 9.200.1 10 of the Zoning Code. Public Hearing notices were also mailed to affected property owners by Community Development Department on June 9, 2003. To date, only a letter of support from the Lake La Quinta HOA has been received; and Ordinance No. 387 Zone Change 2003-114 / Jim Hayhoe Adopted: July 22, 2003 Page 2 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 Change: A. Consistency with the General Plan: The General Plan provides direction for growth and provides practical policy implementation tools to manage that growth. The proposed project is consistent with the City's goals, objectives and policies of the General Plan in that the project will assist the City by providing a mix of land uses for future development to help meet the needs of the community per General Plan Amendment 2003-092. B. Public Welfare: Approval of the proposed land use change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change is consistent with existing Lake La Quinta land uses. Adding this project to the Lake La Quinta development (i.e., Low Density Residential parcels) will establish a land use density of 2.7 dwelling units per acre which is within the LDR category range pursuant to the applicant's development applications. C. Land Use Compatibility: The proposed project is compatible with surrounding uses and in conformance with General Plan Amendment 2003-092. D. Property Suitability: The proposed land use designation is suitable and appropriate for the property in that it is consistent with the Lake La Quinta community and in accordance with Zoning Code standards. Urban services are currently accessible to the parcels in accordance with the goals and objectives of the City General Plan. E. Change in Circumstances: This change provides a transitional' land use between Lake La Quinta residential houses and future commercial uses on the west side of Caleo Bay. 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 three parcels located at the northeast corner of Caleo Bay and Via Florence from Community Commercial (CC) to Low Density Residential (RL) for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto and made a part hereof. Ordinance No. 387 Zone Change 2003-114 / Jim Hayhoe Adopted: July 22, 2003 Page 3 SECTION 2. ENVIRONMENTAL. The La Quinta Community Development Department has completed Environmental Assessment 2003-473. Based upo' this Assessment, the project will not have a significant adverse effect o the environment; therefore, a Mitigated Negative Declaration is recommended. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office on May 16, 2003, as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and 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 22"d day of July, 2003, by the following vote:' AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None City of La Quinta, California ATTEST: JUN REEK, CMC, Jerk City of La Quinta, California (CITY SEAL) Ordinance No. 387 Zone Change 2003-114 / Jim Hayhoe Adopted: July 22, 2003 Page 4 APPROVED AS TO FORM: City of La Quinta, Calif(Srnia Ordinance No. 387 Zone Change 2003.114 / Jim Hayhoe Adopted: July 22, 2003 Page 5 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. 387 which) was introduced at a regular meeting held on the 1" day of July, 2003, and was adopted at a regular meeting held on the 22"d day of July, 2003, 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. JU . GREEK, CIVIC, C' Clerk City of La Quinta, California CASE: ZONE CHANGE 2003-114 II Exhibit "A" Under the request, the CC -Community Commercial designation will be converted to RL- Low Density Residential for the 2.33-acre site (three parcels) located at the northeast corner of Caleo Bay and Via Florence within Lake La Quinta. Applicant: Jim Hayhoe for _Mike Lang Assessor's Parcel Numbers: 643-200-009 to -011; Parcels 9-11 of Parcel Map 27892 Portion Section 30, TSS, R7E, SBBM 200.i3 m171v41� r m r PM IOW03 PAR.d , M � � • PARA ;0 4 o sob O ff o PARS 3.20 AC NT ,o � v � 9 1.01 AC NT 19 • IV o rtn PAR.10 M2.7e 10 l 14 PAR.11 PARS � 3 3.03 AC NT 14 G/Hayhoe Folder= Exhibit Hayhoe2003.wpd