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PC Resolution 2012-021PLANNING COMMISSION RESOLUTION 2012 -021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 2011 -123, APPROVING A CHANGE IN LAND USE DESIGNATIONS FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: GENERAL PLAN AMENDMENT 2012 -123 APPLICANT: LENITY GROUP, LLC WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 25 " day of September, 2012, hold a duly noticed public hearing to consider a request by Lenity Group, LLC to consider a General Plan Amendment for a change in land use from Medium Density Residential to Medium High Density Residential, generally located on Seeley Drive, East of Washington Street, South of Miles Avenue, more particularly described as: APN: 604 - 630 -027 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2011 -617 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Planning Director 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 revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Therefore, the Planning Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified; and, WHEREAS, per SB -18 consultation requirements, the Planning Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 14, 2012 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, Planning Commission Resolution 2012 -021 General Plan Amendment 2011 -123 Lenity Group, LLC Page 2 said Planning Commission did make the following mandatory findings recommending approval of said 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 purpose of the change in land use designations is to bring the appropriate land use designations into conformance with the proposed project. 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 area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. The proposed General Plan Amendment will not result in any changed conditions and will therefore 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 General Plan Amendment will bring the property into conformance with the proposed project and will have no effect on adjacent existing land uses because the proposed residential /congregate care use is compatible with the surrounding existing single - family residential homes, medical center, and hotel. Finding D The new land use designation is suitable and appropriate for the subject property. The new land use designation is suitable and appropriate for the subject property, in that it will allow expansion of the proposed use for residential /congregate care uses. Planning Commission Resolution 2012 -021 General Plan Amendment 2011 -123 Lenity Group, LLC Page 3 Finding E Approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. Approval of the new land use designation is warranted because the density of the proposed community, 10 dwelling units per acre, requires the Medium High Density Residential land use designation, with a maximum density of 12 dwelling units per acre. 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 correct and constitute the findings of the Planning Commission. 2. That it does hereby recommend to the City Council approval of General Plan Amendment 2011 -123 for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25`" day of September, 2012, by the following vote to wit: AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: JOHffSON, Planning Director of La Quinta, California