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PC Resolution 2012-022PLANNING COMMISSION RESOLUTION 2012 -022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2011- 140, APPROVING A CHANGE IN ZONING DESIGNATION FOR THE LA QUINTA RETIREMENT COMMUNITY CASE: ZONE CHANGE 2011 -140 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 change in zoning 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, 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, said Planning Commission did make the following mandatory findings recommending approval of said Zone Change: Finding A The project is consistent with the General Plan Planning Commission Resolution 2012 -022 Zone Change 2011 -140 Lenity Group, LLC Page 2 The proposed Zone Change 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 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 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 Zone Change 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 Zone Change 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 homes, medical center, and hotel. Finding D The new land use designation is suitable and appropriate for the subject property. The new zoning designation is suitable and appropriate for the subject property, in that it will allow expansion of the proposed use for residential /congregate care uses. 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 zoning designation is warranted because the density of the proposed community, 10 dwelling units per acre, requires the Medium High Density Planning Commission Resolution 2012 -022 Zone Change 2011 -140 Lenity Group, LLC Page 3 Residential zoning 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 Zone Change 2011 -140 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 let ��9 �� ft�i•C.LLa ABSTAIN: None KATIE BARROWS, Chairperson City of La Quinta, California rel SS JO SON, Planning Director ity o La Quinta, California