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ORD 413ORDINANCE NO. 413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFOR IA, APPROVING A REVISION TO THE LA QUINTA ZON NG MAP, FOR CERTAIN REAL PROPERTY GENERALLY L CATED ON THE SOUTH SIDE OF AVENUE 54, THE EAS, SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55, TO '/. MILE WEST OF MONROE STREET i ZONE CHANGE 2004-122 APPLICANT: TRANSWEST HOUSING WHEREAS, the Planning I Commission of the City of La Quinta, California, did on the 14" day of Dejcember, 2004, hold a duly -noticed Public Hearing, continued from the 9" day of November and 23" day of November, 2004, to consider a recommendation on Zone (Change 2004-122; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council approval of Zone Change 2004-122 by adoption of Planning Commission Resolution 2004-099; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of January, 2005, hold a uly-noticed Public Hearing, continued from the 7th day of December and 21' ay of December, 2004, to consider the recommendation of the La Quinta Planning Commission on Zone Change 2004- 122; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the Californi3 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 2004-526); and -has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or* reduce any potential impacts to a level of non significance, and that a Mitigated Negative Declaration of Environmental Impact should be adopted; and, WHEREAS, at a public meeting held on 4" day of January, 2005, said City Council did affirm the Planning Commission findings regarding the referenced case, and further, did find the following facts to justify approval of Zone Change 2004-122: Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18, 2005 Page 2 1. This Zone Change is consistent with the General Plan, in that the proposed Zone Change will allow increased variation in housing opportunities, consistent with goals as stated in the. General Plan. 2. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the subject site is served with adequate utilities, public services and access to properly support the requested development. 3. The Zone Change is compatible with the zoning on adjacent properties, in that the proposed change from Very Low Density Residential (VLDR) to Low Density Residential (LDR) is a comparable and consistent zoning with surrounding RL zoned lands, which are being developed with low density country club uses. The RL zoning will serve to implement the project as currently designed, and would allow greater flexibility in housing and lot design. 4. Approval of the Zone Change is warranted, as thegeneral circumstances around development of the property have changed since the existing zoning was imposed. The property has been zoned for Very Low Density Residential since its- annexation in 1991, with a 40 acre portion rezoned to RL on June 4, 1996. While the proposed development density is in the Very Low Density range, the RL zoning is more suitable for the project to accommodate lot sizes and frontage widths, and will allow more diversity in design should the. project not go forward. The present housing market conditions, as evidenced by the proposed project, dictate that the site -is -now suitable for residential development supported by this zoning 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, at the northwest corner of Avenue 52 and Jefferson Street. Property is illustrated in Exhibit "A" attached hereto, and more specifically described as follows: PORTIONS OF THE NORTH 1 /2 OF SECTION 15, T67S R7E, S.B.B.M. RIVERSIDE COUNTY Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18, 2006 Page 3 SECTION 2. ENVIRONMENTAL: Zone Change 2004-122 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, although Zone Change 2004-122 could have a significant effect on the environment, there will not be a significant effect in this case, and that a Mitigated Negative Declaration of Environmental Impact should be adopted. . 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 181h day of January, 2005, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ATTEST: pl.Eq��dm a wt:�Ey- IC-19- -- J N S. REEK, CMC4CIerk City of La Quinta, California (CITY SEAL) V1. 4L DON ADOL H, Ma or City of La Quinta, California Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18, 2005 Page 4 APPROVED AS TO FORM: V. K TH RINE JENS ity At rney City. of La Quintal Calff6rnia . (FROM.-RVL TO RLON'-19 ACRES, M.O.L. y I 'EQUESTRIAD OVERLAY TO' REMAIN ON. ENTIRE SITE i ' AV A *VUE it -29 /RL AC . 1 1 m IfemAl Al _ _ _ ... _ __ . - .. _...._.... _ ....... 15 • .tl 116 M ISM •� Y ffit, EXHIBIT A ol 1, ZONE CHANGE 2004-122 !� 't CITY COUNCIL ORDINANCE # -471 SUE ��"Sir f . Ordinance No. 413 Zone Change 2004-122 (Transwest Housing) Adopted: January 18,' 2005 Page 6 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. 413 which was introduced at a regular meeting on the 4t' day of January, 2005, and was adopted at a regular meeting held on the 18" day of January, 2005, 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. JUNE S. GREEK, CMC, City Clerk 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 onR),..,� �.oO.S', pursuant to Council Resolution. ._TUNE S. GREEK, CMC, City Clerk City of La Quinta, California