ORD 405ORDINANCE NO. 405
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM
COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY
RESIDENTIAL (RM) TO LOW DENSITY RESIDENTIAL (RL)
CASE NO.: ZONE CHANGE 2003-115
APPLICANT: MADISON DEVELOPMENT, LLC
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 18' day of November, 16' day of December, 2003, and on the 16' day of
March, 2004, hold duly noticed Public Hearings to consider Zone 2003-115 to
change zoning designations from Community Commercial and Medium Density
Residential to Low Density Residential, for the property generally located on the
west side of Washington Street at 46-201 Washington Street, more particularly
described as follows:
APNs: 604-050-009 & 010; 643-170-001 & 002
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 23' day of September, 28" day of October, 2003, and on
the 24' day of February, 2004, hold duly noticed Public Hearings to consider Zone
03-115 to change zoning designations from Community Commercial and Medium
Density Residential to Low Density Residential; and,
WHEREAS, said Zone Change 2003-11-5 has complied with the
requirements and rules to implement the California Environmental Quality Act
(CEQA) of 1970, as amended (Resolution 83-63), in that Environmental
Assessment 2003-479 was prepared and determined that although the project
could have a significant adverse effect on the environment, mitigation measures
have been imposed on the project to reduce impacts to less than significant levels;
and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, City
Council did make the following mandatory findings to approve said Zone Change:
1. Consistency with the General Plan: The proposed Zone Change is consistent
with the goals, objectives and policies of the General Plan in that the Zone
Change will provide for continued single-family development adjacent to
existing single-family development.
Ordinance No. 405
Zone Change 03-115
Madison Development, LLC
April 6, 2004
Page 2
2. Public Welfare: Approval of the proposed Zone Change will not create
conditions materially detrimental to public health, safety and general welfare
in that the proposed changes are less intense and consistent with existing
land uses south of the site in the immediate area.
3. Land Use Compatibility: The new zoning will be compatible with existing and
surrounding zoning designations in that it will be consistent with
development in the immediate area and the City of La Quinta General Plan,
as amended.
4. Property Suitability: The new zoning designation will be suitable and
appropriate for the subject property in that it will be consistent with the
permitted uses in the immediate area and in accordance with the Zoning
Code. Urban services are currently accessible to the area, which would
allow for planned development in accordance with goals, objectives and
policies of the City of La Quinta General Plan.
5. Change in Circumstances: Approval of the new zoning is warranted because
the land has been determined to be suitable for residential development. The
change in zoning from commercial to residential development is also
warranted because commercial uses currently exist adjacent to the site that
can serve the surrounding and project areas. Also, there is additional
commercial land available for future development near the site that would
serve future commercial uses to support the additional residential
development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council; and
2. That it does hereby approve Zone Change 2003-115, as contained in Exhibit
"A" attached hereto and made a part. of, for the reasons set forth in this
Resolution.
Ordinance No. 405
Zone Change 03-115
Madison Development, LLC
April 6, 2004
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 6' day of April, 2004, by the following vote, to
wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DONALD ADOL'PH, M.ior
City of La Quinta, California
w ATTEST:
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J N . GREEK, CMC, dirt Jerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSOM, City Attorney
City of La Quinta, California
M D S
CONSULTING
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. 405 which was
introduced at a regular meeting on the 16" day of March, 2004, and was adopted
at a regular meeting held on the 6" day of April, 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 City Council Resolution 98-109.
JUN . GREEK, CMC, City CI rk
City of La Quinta, California
DECLARATION OF POSTING
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on Friday, April 9, 2004, pursuant to
Council Resolution.
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JU 'S. GREEK, CMC, Cit k
City of La Quinta, California