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ORD 398ORDINANCE NO. 398 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 LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET ZONE CHANGE 2003-117 APPLICANT: ROBERT SELAN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23' day of December, 2003, hold a duly -noticed Public Hearing to consider a recommendation on Zone Change 2003-1 17; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council approval of Zone Change 2003-117; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 6' day of January, 2004, hold a duly -noticed Public Hearing to consider the recommendation of the La Quinta Planning Commission on Zone Change 2003-117; 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 2003-486); and, WHEREAS, the Community Development Director has determined that Zone Change 2003-117 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 January, 2004, said City Council did affirm the Planning Commission findings regarding the referenced case, and further, did find the following facts to justify j approval of Zone Change 2003-117: 1. This Zone Change is consistent with the General Plan in that the proposed Zone Change will allow increased housing opportunities while maintaining a low density character in the area, consistent with the goals as stated in the General Plan. Ordinance No. 398 Zone Change 2003-117 — Robert Selan Adopted: January 20, 2004 Page 2 2. The Zone Change is suitable and appropriate for the property involved, as it is located on a major intersection, affording direct access to main transportation arteries and public transportation options, which makes the site more suitable for a higher intensity residential use than in the surrounding areas. 3. The Zone Change is compatible with the zoning on adjacent properties, in that the proposed change from Neighborhood Commercial (NC) to Medium High Density Residential (RMH) is a more compatible zoning with the surrounding RL zoned lands, which are being developed with low density country club uses. The RMH zoning provides a better transitional land use, and allows a buffer from the main arterial roadways that border the subject property. 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 Neighborhood Commercial to Medium High Density, at the northwest corner of Avenue 52 and Jefferson Street. Property is illustrated in Exhibit "A" attached hereto, and more specifically described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY SECTION 2. ENVIRONMENTAL: Zone Change 2003-117 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 Director has determined that Zone Change 2003-117 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. Ordinance No. 398 Zone Change 2003-117 — Robert Selan Adopted: January 20, 2004 Page 3 F 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 January, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ATTEST: JU 4 FS-. REEK, CMC, Ci y Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHtRI14E JENSON ity Attor City of La Quinta, California IKL ("_ "L_ DON AD PH, MdOor City of La Quinta, California Ordinance No. 398 Zone Change 2003-117 — Robert Selan Adopted: January 20, 2004 Page 4 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. 398 which was introduced at a regular meeting held on the 6' day of January, 2004 and was adopted at a regular meeting held on the 20" day of January, 2004, 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. pja�� 4E:� .. 1. j JUN REEK, CMC, Cit erk City of La Quinta, California lg�181s Nos83JJ3r