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CC Resolution 2008-066RESOLUTION NO. 2008-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT, REVISING THE LA QUINTA GENERAL PLAN LAND USE MAP FROM PARKS AND RECREATION TO TOURIST COMMERCIAL FOR A .32 ACRE CITY PARCEL LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. CASE NO.: GENERAL PLAN AMENDMENT 2008-117 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 21st of October, 2008, hold a duly noticed Public Hearing for aCity-initiated request for an amendment to the City of La Quinta's General Plan, to change the General Plan land use designation of a .32 acre City-owned property from Parks and Recreation to Tourist Commercial, located at the southeast corner of Washington Street and Miles Avenue, on property more particularly described as: Lot "I" of Parcel Map 31 1 16 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd of September, 2008, adopt Planning Commission Resolution 2008-027, recommending to the La Quinta City Council approval of General Plan Amendment 2008-117; and, WHEREAS, said General Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Sections 15312 and 15332 of the CEQA Guidelines; and WHEREAS, the Planning Department published a public hearing notice in The Oesert Sun newspaper on September 12, 2008 and again on October 10, 2008, as prescribed by the Municipal' Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Resolution No. 2009-066 General Plen Amendment 2008-177 Centre Pointe Parcel October 21, 2008 Page 2 WHEREAS, at said Public Hearing, 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 justify approval of said General Plan Amendment: Finding A - The project is consistent with the General Plan. The proposed General Plan Amendment is internally consistent with those goals, objectives and policies of the General Plan which are not being amended. The subject parcel has not been identified in the General Plan for use as a Primary or Secondary Gateway Treatment and the change in land use designation will not conflict with other goals, objectives and policies in the General Plan. Finding B - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed change will not result in a substantial change to existing recreational space, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood due to the fact that the small corner property is a .32 acre urban infill parcel that does not contain wildlife habitat or usable or functional recreational space and because the Tourist Commercial land use is compatible with the surrounding area. Therefore, the proposed General Plan Amendment will have no effect on the health, safety, and welfare of the community or surrounding natural environment. Finding C - The new designation is compatible with the land use designations on adjacent properties. The new land use is compatible and consistent with existing and surrounding land use and zoning designations. By designating the property as Tourist Commercial it will have a beneficial effect on the adjoining existing land uses in that it will be consistent with the adjacent existing Tourist Commercial designated properties and will facilitate the development of adjacent land uses identified in the Centre Pointe Specific Plan. Finding D - The new land use designation is suitable and appropriate for the subject property. Nesolution No. 2008-066 General Plan Amendment 2008.117 Centre Po1Me Parcel October 27, 2008 Page 3 The new Tourist Commercial land use designation is suitable and appropriate for the subject property. The small corner property is located at a busy intersection that is better suited for Tourist Commercial use rather than as a City monument entry sign. Finding E - Approval of the amendment is warranted because the situation and the general conditions of the property have changed since the existing designation was imposed. Approval of the new land use designation is warranted because the situation and the general conditions of the property have changed since the existing Parks and Recreation designation was imposed. The small corner property is located at a busy intersection and is adjacent to existing commercial developments containing a hotel and restaurants; therefore the property is appropriate and suitable for Tourist Commercial land use. The parcel will become developable when merged with the adjoining parcel and will be better suited with a land use designation of Tourist Commercial. Finding F - The project is in conformance with the California Environmental Quality Act. The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) because the property is of a size, shape, and inaccessibility that makes it incapable of independent development or use, that the use of the property and adjacent properties have not changed since the time of purchase by the City of La Quinta Redevelopment Agency, and because the urban infill property does not have significant value for recreational use, open space, wildlife habitat, or other environmental purposes. The General Plan Amendment will enable the sale of this surplus property, and is therefore categorically exempt under Section 15312 of the California Environmental Quality Act. Additionally, any development of the subject .32 acre site facilitated by the proposed change in land use designation would be exempt from the California Environmental Quality Act as "In-Fill Development" per Section 15332, as the subject site is less then five acres and is substantially surrounded by urban uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. Resolution No. 2008-066 General Plan Amendment 2008-117 Centre Pointe Parcel October 21, 2008 Page 4 2. That the City Council does hereby grant approval of the General Plan Amendment 2008-117 for the reasons set forth in this Resolution, as illustrated in the attached Exhibit 1. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21st day of October, 2008, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL , M r City of La Quinta California ATTEST: VERONICA J. City of La Qui h~ITY SEAL) California City Clerk APPROVED AS TO FORM: M. I ATHERI JENSO ity Attorney City of La Quinta, Cali rnia