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ORD 319ORDINANCE NO. 319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING ZONE CHANGE TO ALLOW THE RELOCATION OF THE 30 ACRE PORTION OF THE 40 ACRES TOURIST -COMMERCIAL AT AVENUE 48 AND DUNE PALMS ROAD TO THE SOUTHWEST CORNER OF AVENUE 48 AND JEFFERSON STREET AND TO MODIFY THE CONFIGURATION OF THE GOLF COURSE AND RESIDENTIAL ZONE. CHANGE OF ZONE 98-086 WHEREAS, the City Council of the City of La Quinta, California, did on the 191h day of May, 1998, hold a duly noticed Public Hearing to consider a Zone Change to consider the request of TD Desert Development to allow the relocation of the 30 acre portion of the 40 acres Tourist -Commercial at Avenue 48 and Dune Palms Road to the southwest corner of Jefferson Street and Avenue 48, and to modify the configuration of the golf course and residential zone as shown on Exhibit A on file in the Community Development Department. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of April, 1998, hold a duly noticed Public Hearing to consider the same Zone Change as identified above and recommended approval to the City Council; and, WHEREAS, at said Public Heairng, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to jhustify approving said Zone Change: 1. This Zone Change is internally consistent with those goals, objectives, and policies of the General Plan being amended, in that the Zone Change only affects land uses which already exist as a part of the Plan. 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 adequate conditions of approval. F:\CITYCLRK\COUNCIL\PLANNING\Ord 319.wpd Ordinance No. 319 Page 2 3. The zone designation is compatible with the designations on adjacent properties in that 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 an extension of the existing resort or a use commonly associated with the existing uses. 5. The situation and general conditions have substantially changed since the existing zone designations were imposed in that the resort market has created a market for additional and alternate rental units and rooms. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. The official Zoning Map for the City of La Quinta is amended for those areas noted on Exhibit "A" , on file in the Community Development Department, and made part of this ordinance. SECTION 2. ENVIRONMENTAL. Said Change of Zone request has been determined to be exempt from the California Environmental Quality Act pursuant to Section 15061. 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. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 2nd day of June, 1998 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None F:\CITYCLRK\COUNCIL\PLANNING\Ord 319.wpd Ordinance No. 319 Page 3 ti JOH PEIVA, ayor City of La Quinta, California ATTEST: UNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: /QLJC� DAWN C. HONEYW L, City Attorney City of La Quinta, California F:\CITYCLRK\COUNCIL\PLANNING\Ord 319.wpd STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, 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. 319 which was introduced on the 19th day of May, 1998 and was adopted at a regular meeting held on the 2"d day of June, 1998 not being less than 5 days after date of introduction thereof. I fu ther certify that the foregoing ordinance was posted in three (3) places within the Ci of La Quinta as specified in a resolution of the City Council. l SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby cert' y that the foregoing ordinance was posted on June 11, 1998 pursuant to City Cod cil Resolution. AUNDRA L. JU OLA, City Clerk City of La Quinta, California