CC Resolution 2017-007 FINAL PMN 36964RESOLUTION NO. 2017 - 007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL
PARCEL MAP NO. 36964
WHEREAS, the owner/developer of a 19,943 square foot vacant residential lot
at the southeast corner of Calle Quito and Avenida La Jarita submitted an application
for the subdividing of property into two lots of 10,000 and 9,943 square feet. This
vacant lot is in the Low Density Residential (RL) zoning designation, 10,000 square foot
minimum lot size; and
WHEREAS, Minor Adjustment (MA) 2016-0001 was approved allowing a
reduction in size of the second lot by 57.3 square feet; and
WHEREAS, on February 17, 2016, the Design and Development Director
(Director) approved Tentative Parcel Map 36964 and MA 2016-0001. On February 29,
2016, Mr. George Bushala (Appellant) appealed the Director's approval to the Planning
Commission; and
WHEREAS, on March 22, 2016, after considering public testimony, the Planning
Commission denied the appeal and sustained the Director's decision. On April 6, 2016,
Appellant appealed the Planning Commission's decision to the City Council; and
WHEREAS, on May 3, 2016, the City Council granted the appeal of Tentative
Parcel Map 36964 and MA 2016-0001 and referred the project back to the Director
with instructions; and
WHEREAS, on November 16, 2016, the Director approved Tentative Parcel Map
36964 and MA 2016-0001 after following the City Council's instructions by having the
owner address the minimum lot frontage requirements and submit an archaeology
report, and the Design and Development Department staff re -noticed the public
hearing with reference to the California Environmental Quality Act (CEQA) exemptions
Classes 3,15, and 32 to all property owners within 500 feet of the project; and
WHEREAS, at the duly noticed Public Hearing on November 16, 2016, the
Director approved Tentative Parcel Map 36964 subdividing a 19,943 square foot site
into 2 lots and Minor Adjustment 2016-0001 allowing a reduction in lot size of 57
square feet, subject to conditions of approval; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments of all interested persons desiring to be heard, said Director did make
the following mandatory findings pursuant to Section 9.210.040 of the Municipal Code
to justify approval of said Tentative Parcel Map 36964:
Resolution No. 2017-007
Parcel Map 36964
Adopted: March 7, 2017
Page 2 of 4
1. Consistency with General Plan
The proposed tentative parcel map is consistent with the City's General
Plan and Zoning Ordinance. The proposed map is consistent with the
General Plan Land Use Element for Low Density Residential, insofar as it
will create two lots for single-family homes in an existing single-family
home neighborhood.
2 Consistency of Design of Proposed Subdivision with General Plan and
Zoning Code
The design or improvement of the proposed tentative parcel map is
consistent with the City's General Plan and Zoning Ordinance in that its
dimensions and size are consistent with the requirements of the Low
Density Residential/10,000 zone and the provisions of the Section
9.210.040, Minor Adjustments.
3. Compliance with California Environmental Quality Act (CEQA)
The design of the tentative parcel map and the proposed improvements
are not likely to cause substantial environmental damage nor substantially
injure fish or wildlife or their habitat. The parcel is devoid of significant
vegetation, and surrounded by roadways and existing homes. There is no
habitat on the site for fish or wildlife. The City of La Quinta Design and
Development Department has determined that this project is Categorically
Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15315, Class 15 (Minor Land Divisions), Section
15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill
Development).
4. The design of the tentative parcel map and the proposed improvements
are not likely to cause serious public health problems. As conditioned, the
proposed tentative parcel map will not result in any increased hazard to
public health or welfare.
5. The site of the proposed tentative parcel map is physically suitable for the
type of development and proposed density of development. As
conditioned, the proposed design of the subdivision is consistent in size
and shape with surrounding existing single- family home lots in this
neig hborhood.
6. As conditioned, the proposed tentative parcel map is consistent with all
applicable provisions of this title and the La Quinta Zoning Ordinance,
including, but not limited to, minimum lot frontage requirement, and
minimum lot area requirements, as adjusted, any other applicable
Resolution No. 2017-007
Parcel Map 36964
Adopted: March 7, 2017
Page 3 of 4
provisions of this code, and the Subdivision Map Act.
7. As conditioned, the design of the tentative parcel map will not conflict with
easements, acquired by the public at large, for access through or use of
property within the proposed subdivision, in that none presently exist and
access is provided within the project and to adjacent public streets.
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments of all interested persons desiring to be heard, said Director did make
the following mandatory findings pursuant to Section 9.210.040 of the Municipal Code
to justify approval of said Minor Adjustment 2016-0001:
1. Consistency with General Plan
The project is consistent with the General plan, insofar as the subdivision
will result in two single family lots in the Low Density Residential land use
designation.
2. Consistency with Zoning Code
The project is consistent with the provisions of the zoning code. The zoning
designation for the property is RL/ 10,000. The project will result in one lot
of 10,000 square feet, and one lot of 9,943 square feet. The zoning
ordinance allows for Minor Adjustments of up to 10% of any numerical
standard. The requesting Minor Adjustment represents a reduction of 0.5%
in the 10,000 square foot minimum requirement, for a parcel of irregular
shape that is affected by the turning radius on the corner of Calle Quito
and Avenida La Jarita.
3. Compliance with California Environmental Quality Act (CEQA)
Processing and approval of the permit application are in compliance with
the requirements of the California Environmental Quality Act. The City has
determined that the Minor Adjustment is exempt from CEQA pursuant to
Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New
Construction), and Section 15332, Class 32 (In -fill Development).
4. Surrounding Uses
Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to
or incompatible with other properties or land uses in the vicinity. The
creation of a 9,943 square foot lot will not result in any perceptible
difference from the surrounding 10,000 square foot lots.
Resolution No. 2017-007
Parcel Map 36964
Adopted: March 7, 2017
Page 4 of 4
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
That the City Council does hereby grant approval of Final Parcel Map 36964, as
referenced in the title of this Resolution, for the reasons set forth in this Resolution,
including the Recitals herein.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 7th day of March 2017, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAYSELS, City t(►- rk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
c�
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California