PCRES 2008-028PLANNING COMMISSION RESOLUTION 2008-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONE CHANGE 2008-137, A CHANGE OF ZONE FOR
A .32 ACRE CITY PARCEL FROM PARKS AND RECREATION TO
TOURIST COMMERCIAL, LOCATED AT THE SOUTHEAST CORNER
OF WASHINGTON STREET AND MILES AVENUE.
CASE NO.: ZONE CHANGE 08-137
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 23rd of September, 2008, hold a duly noticed Public Hearing
for aCity-initiated request for a change of zoning from Parks and Recreation to
Tourist Commercial on a .32 acre City-owned property, located at the southeast
corner of Washington Street and Miles Avenue, on property more particularly
described as:
Lot "I" of Parcel Map 31116
WHEREAS, said Change of Zone 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 Zone Change under the provisions of CEQA, and has determined
that the project is exempt pursuant to Sections 15312 and 15332 of the CEQA
Guidelines; and
WHEREAS, the Planning Department published a public hearing notice
in the- Desert Sun newspaper on September 12, 2008, as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners
within 500 feet of the site; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard,
said Planning Commission did make the following mandatory findings
recommending approval of said Change of Zone:
Finding A - The project is consistent with the General Plan.
The proposed Zone Change is consistent with the goals, objectives and policies of
the general plan. The change in zoning will not conflict with the General Plan.
Planning Commission Resolution 2008-028
Zone Change 2008-137
Centre Pointe Parcel
September 23, 2008
Finding B - The new designation is compatible and consistent with the Specific
Plan.
The proposed Zone Change is consistent with the land uses and policies of the
Centre Pointe Specific Plan. The change in zoning will facilitate the development of
a restaurant as identified in the specific plan.
Finding C - Approval of the amendment will not create conditions materially
detrimental to the public health, safety and general welfare.
Approval of the proposed Zone Change 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 or loss of 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
zoning designation is compatible with the surrounding area. Therefore, the
proposed Zone Change will have no effect on the health, safety, and welfare of the
community or surrounding natural environment.
Finding D - The new designation is compatible with the zoning on adjacent
properties.
The new Tourist Commercial,-zoning is compatible and consistent with existing and
surrounding land uses, zoning designations, and the existing specific plan. By
designating the property as Tourist Commercial it will have a beneficial effect on
the adjoining zoning in that it will be consistent with the existing Tourist
Commercial designation of the Centre Pointe commercial development.
Finding E - The new zoning designation is suitable and appropriate for the subject
property.
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 a Tourist Commercial zoning designation.
Finding F - Approval of the amendment is warranted because the situation and
the general conditions of the property have substantially changed since the existing
zoning was imposed.
Planning Commission Resolution 2008-028
Zone Change 2008-137
Centre Pointe Parcel
September 23, 2008
Approval of the zoning 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 property will no longer be used for a City
entry monument sign and is undevelopable in its current size, situation, and
dimensions. As a result, the surplus property would be better ,suited to merge with
the adjacent property, which has a land use designation of Tourist Commercial.
Finding G - 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 Change of Zone will
enable the sale of this surplus property, and is therefore categorically exempt under
Section 15312 of the California Environmental Quality Act. Additionally, any
deyelopment 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 Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of the Zone
Change 2008-037 as set forth in Exhibit 1 to the City Council for the
reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 23rtl day of September, 2008, by the
following vote, to wit:
AYES: ALDERSON, BARROWS, QUILL, WEBER, WILKENSON
Planning Commission Resolution 2008-028
Zone Change 2008-737
Centre Pointe Parcel
September 23, 2008
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
ED ALDERSON, Chairman
City of La Quinta, California
J(7H(J~SON, Planning Director
of La Quinta