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ORD 465ORDINANCE NO. 465 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 GENERALLY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE61 CASE NO.: ZONE CHANGE 2008-136 APPLICANT: MONROE DATES, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 17" day of February, and continued to the 17th day of March, 2009, hold duly - noticed Public Hearings to consider the recommendation of the Planning Commission on Zone Change 2008-136, to allow a 94 lot single-family subdivision on 30.2f acres on the west side of Monroe Street at the west termination of Avenue 61; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of January, 2009, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Zone Change 2008-136, and did adopt Planning Commission Resolution 2009-004, recommending approval to the La Quinta City Council; and, WHEREAS, said Zone Change complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 1983-063), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) 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 for EA 2008-597 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 2nd day of February, 2009, as prescribed by the La Quinta Municipal Code; and, WHEREAS, the City Council hereby makes the following mandatory findings to justify approval of Zone Change 2008-136: Ordinance No. 465 Zone Change 2008-136 Monroe Dates LLC Adopted: April 7, 2009 Page 2 This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan and compatible (lower) with Trilogy's residential designation. 2. 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 and or City Council review and approval of future development plans, which will ensure that the development meets standards that will not be materially detrimental. 3. The zone change designation is compatible with the designations on adjacent properties because the Planning Commission and or City Council review and approval will ensure compatibility, and in some areas the adjacent use is similar due to its resort nature. 4. The zone designation is suitable and appropriate for the properties involved because it is similar to zoning of surrounding properties. 5. The situation and general conditions have substantially changed since the existing zone designations were imposed in that agricultural and equestrian uses have not developed in the immediate area and residential uses similar to the proposed residential zoning have developed. 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 Low Density /Agricultural -Equestrian Residential to Low Density, for 30± acres, located on the west side of Monroe Street at the west termination of Avenue 61. Said property is illustrated in Exhibit "A" attached hereto, more particularly described as: APN's: 764-280-014 and 764-270-015 SECTION 2. ENVIRONMENTAL: Zone Change 2008-136 complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 1983-063), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2008-597) 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 Ordinance No. 465 Zone Change 2008-136 Monroe Dates LLC Adopted: April 7, 2009 Page 3 mitigation measures for EA 2008-597 incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance. 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 an adjourned meeting of the La Quinta City Council, held on this 7t' day of April, 2009, by the following vote: AYES: Council Members Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Franklin ABSTAIN: None �Pv.J DON ADO H, Ma City of La Quinta, California ATTEST: (SEAL) Ordinance No. 465 Zone Change 2008-136 Monroe Dates LLC Adopted: April 7, 2009 Page 4 APPROVED AS TO FORM: 64 MATHERINE JEN N, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, VERONICA 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. 465 which was introduced at a regular meeting on the 17' day of March, 2009, and was adopted at a meeting held on the 71h day of April, 2009, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of 0 Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on April 9, 2009, pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California ORDINANCE NO. 465 EXHIBIT 'A' ww m w 0 0 0 CASE MAP AVENUE 61 7.11 CASE nb, ZC 2008-136 MONROE DATES ' SCALE: NTS