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ORD 408ORDINANCE NO. 408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM NEIGHBORHOOD COMMERCIAL TO A MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION CASE NO.: ZONE CHANGE 2004-120 APPLICANT: RJT HOMES — CODORNIZ, L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 3d day August, 2004, hold a duly -noticed Public Hearing and to consider the request of, R.J.T. L.L.C., for a Zone Change for the property located at the southeast corner of Avenue 52 and Jefferson Street, as shown on Exhibit "A"., and more particularly described as: A.P.N.: 772-410-021 and 772-410-022, and; WHEREAS, the Planning Commission of the City of La Qu-inta, California, did, on the 13' day July, 2004, hold a duly -noticed Public Hearing and to consider the -- . request of, R.J.T. L.L.C., for a Zone Change for the property located at the southeast corner of Avenue 52 and Jefferson Street. WHEREAS, the Planning Commission of the City of La Quinta, California, approved Resolution 'No. 2004-048 , recommending to the City Council approval of Zone Change 2004-120; and WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2004-505), and determined that the proposed .Site Development Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of environmental impact is recommended for certification; 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 to justify a approving said Zone Change: 1. This Zone Change is consistent the updated General Plan, in that the zone change category proposed are consistent with those goals, objectives, and policies in the General Plan. Ordinance No. 408 Zone Change 2004-120 RJT Homes L.L.C. Adopted: August 3, 2004 Page 2 2. The Zoning Change is suitable and appropriate for the property involved because it is a small rectangular shaped lot more suitable for the medium high intensity development. 3. The new land use designation is compatible with the similar designations within the City because the property is accessible from Arterial streets. 4. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning, Commission review and approval of development plans, which will ensure adequate conditions of approval. 5 That the Zone Change is warranted since there has been a change in development patterns in the general vicinity since the commercial designation was made. SECTION 1. The official Zoning Map for the City of La Quinta is hereby amended for those areas shown on Exhibit "A" attached hereto and made a part of the this Ordinance. SECTION 2. This Ordinance shall be in full force and effect thirty (30). days after its adoption. SECTION 3. 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 17T" day of August, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ordinance No. 408 Zone Change 2004-120 RJT Homes L.L.C. Adopted: August 3, 2004 Page 3 ATTEST: JUbItIV. GREEK, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: . KAT RINE JE 4,City Atto City of La Quinta, California D N AD PH, ayor City of La Quinta, California EXHIBIT r `v �"�• Ya CC •T� j O L-_�N'l. }4y! .w _ •ram". �` LL YLUb ------------- PROPOSED ZONING - The proposed Zoning for the plan area is Medium High Density Residential - (RMH). CASE CASE No. ZONE CHANGE 2004-120 1 MMO NORTH Ordinance No. 408 Zone Change 2004-120 RJT Homes L.L.C. Adopted: August 3, 2004 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § 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.408 that was introduced at a regular meeting on the 3rd day of August, 2004, and was adopted at a regular meeting held on the 17th day of August, 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. JU REEK, CMC, City 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 August 20, 2004, pursuant to City Council Resolution. J S,REEK, CMC, Ci erk City a Quinta, California