ORD 503ORDINANCE NO. 503
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING ZONE
CHANGE 2011-140, A CHANGE OF ZONE FOR A SINGLE
PROPERTY FROM MEDIUM DENSITY RESIDENTIAL TO
MEDIUM HIGH DENSITY RESIDENTIAL FOR THE LA
QUINTA RETIREMENT COMMUNITY
CASE: ZONE CHANGE 2011-140
APPLICANT: LENITY GROUP, LLC
WHEREAS, the City Council of the City of La Quinta, California did, on the
16" day of October, 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 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 recommendation on said Zone Change, and after hearing and considering all
testimony and arguments, did adopt Planning Commission Resolution 2012-022,
recommending to the City Council approval of Zone Change 2011-140; 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 City
Council did make the following mandatory findings recommending approval of said
Zone Change:
Finding A
The project is consistent with the General Plan.
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.
Ordinance No. 503
Zone Change 2011-140
Lenity Group, LLC / La Quinta Retirement Community
Adopted: November 6, 2012
Page 2
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
Residential zoning designation, with a maximum density of 12 dwelling units per
acre.
Ordinance No. 503
Zone Change 2011-140 -
Lenity Group, LLC / La Quinta Retirement Community
Adopted: November 6, 2012
Page 3
NOW, THEREFORE, the City Council of the City of La Quinta, California does
ordain as follows:
SECTION 1
The La Quinta Official Zoning Map is hereby amended by rezoning the property
described as APN: 604-630-027 from Medium Density Residential to Medium High
Density Residential. The properties for such rezoning are shown and depicted on
the map attached hereto as Exhibit "A", and made a part of this Ordinance.
SECTION 2: ENVIRONMENTAL
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 recommended that a
Mitigated Negative Declaration of environmental impact and associated Mitigation
Monitoring Program be adopted and the City Council did adopt said Mitigated
Negative Declaration and Mitigation Monitoring Program prior to this action.
SECTION 3: EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 4: POSTING
The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be
posted in at least three public places designated by resolution of the City Council;
shall certify to the adoption and posting of this Ordinance; and shall cause this
Ordinance and its certification, together with proof of posting, to be entered into
the Book of Ordinances of this City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6th day of November 2012, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne , Mayor Adolph
NOES: None
ABSENT: None
Ordinance No. 503
Zone Change 2011-140
Lenity Group, LLC / La Quinta Retirement Community
Adopted: November 6, 2012
Page 4
ABSTAIN: None
Omo
AqL....
DON ADOL , M or
City of La Quinta, California
ATTEST:
Susan Magsels, Cit Clerk
City of La Quinta, California
(City "Seal) =,
APPROVED AS TO FORM:
Ordinance No. 503
Zone Change 2011-140
Lenity Group, LLC / La Quinta Retirement Community
Adopted: November 6, 2012
Page 5
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA 1
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 503
which was introduced at a regular meeting on the 16" day of October, 2012, and
was adopted at a regular meeting held on the 6th day of November, 2012, not
being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
sV
SUSAN MAYSELS, Ci Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on November 8, 2012 pursuant to
Council Resolution.
SUSAN MAYSELS, C44 Clerk
City of La Quinta, California
N
City of La Quints EXHIBITnsi
Change from Medium Density Residential to
Zone Change 2011-140 Medium High Density Residential
e