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ORD 444 ORDINANCE NO. 444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 13 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO TIME PERIODS BETWEEN LOT LINE ADJUSTMENTS WHEREAS, the City has implemented regulations relating to the preparation of lot line adjustments which include time restrictions between such adjustments for commercial and residential parcels; and WHEREAS, the imposition of such time restrictions impedes the orderly and timely development of entitled projects; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 11 th day of September, 2007, and recommended approval of the proposed amendment to the City Council; and WHEREAS, the City Council held a duly noticed Public Hearing on the 16th day of October, 2007, and considered the evidence, written and oral. presented at the hearing. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION -.h Chapter 1 3 of the La Quinta Municipal Code is hereby amended as follows: Section 13.32.020(CI. is amended to read: C. The applicant and/or owner of the property has not rece;ved approval of a lot line adjustment affecting any of the lots to be altered, or lots abutting any of the lots to be altered, for a period of six months immediately preceding the date of the current application, unless the property is zO;led Neighborhood Commercial, Community Commercial, Regional Commercial, Office or Business Park, in which case there shall be no time restriction between lot line adjustments. SECTION 2. ENVIRONMENTAl. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061 (b)(3) and Section 15282(h) of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will have no effect on the environment in that the proposed modifications to the Zoning Code are cross- referential to existing codes and do not constitute any changes to existing regulations or land use. Ordinance No. 444 Chapter 13 lot line Adjustments Adopted: November 6. 2007 Page 2 SECTION 3. SEVERABILITY. The provIsions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The prOVISions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of November, 2007 by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Ordinance No. 444 Chapter 13 Lot Line Adjustments Adopted: November 6. 2007 Page 3 ATTEST: APPROVED AS TO FORM: . I~ . K HERIN~~SON, City Attorney City of La Quinta, California Ordinance No. 444 Chapter 13 lot Line Adjustments Adopted: November 6. 2007 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) 55. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, 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. 444 which was introduced at a regular meeting on the 16th day of October, 2007, and was adopted at a regular meeting held on the 6th day of November, 2007, 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 L uinta as specjfied in City Cou iI Resolution 2006-115. VERONICA J. M ECINO, CMC, City Clerk City of La Quin ,California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La ~ta, California, do hereby certify that the foregoing ordinance wa!> posted on ~ 1/. q, ..t20tJ 7, - pursuant to Council Resolution. .... VERONICA J NTECINO, CMC, City Clerk City of La Quinta, California