CC Resolution 2013-056RESOLUTION NO. 2013-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DENYING ZONE CHANGE
2013-144, FROM LOW DENSITY RESIDENTIAL TO
NEIGHBORHOOD COMMERCIAL FOR A 4.35 ACRE
PARCEL
CASE: ZONE CHANGE 2013-144
APPLICANT: HAMMER FAMILY TRUST
WHEREAS, the City Council of the City of La Quinta, California did, on the
3rd day of December, 2013, hold a duly noticed public hearing to consider the
Planning Commission recommendation on Zone Change 2013 -144 for a request to
amend the Official La Quinta Zoning Map designation, from Low Density Residential
to Neighborhood Commercial, for a 4.35 acre property located at the southwest
corner of Avenue 58 and Monroe Street, more particularly described as:
APN: 764-180-006
WHEREAS, a public hearing notice was published in The Desert Sun
newspaper on November 22, 2013 as prescribed by the Municipal Code; and,
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 12th day of November, 2013, hold a duly noticed public hearing to consider
a recommendation on said Zone Change and, after hearing and considering all
testimony and arguments, did recommend to the City Council denial of Zone
Change 2013-144; and,
WHEREAS, the requirements of "The Rules to Implement the California
Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) do not
apply to projects which are disapproved; and,
WHEREAS, Section 65860(a) of the California Government Code requires
that zoning be consistent with the adopted local General Plan; and
WHEREAS, at said City Council 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, pursuant to Section
9.220.010.E of the La Quinta Municipal Code, to deny said Zone Change:
Resolution No. 2013-056
Zone Change 2013-144
Adopted: December 3, 2013
Page 2
Finding 1: Consistency with General Plan
The zone change is inconsistent with Goals, Objectives and Policies of the La
Quinta General Plan, as the purpose and intent of the zone change would be to
bring the Official Zoning Map into compliance with the La Quinta General Plan, as
proposed for amendment by General Plan Amendment 2013-126. Denial of General
Plan Amendment 2013-126 thereby renders the zone change request inconsistent
with the General Plan.
Finding 2: Public Welfare
Approval of the zone change will not create conditions materially detrimental to the
public health, safety,,and general welfare in that the proposed change will not result
in a substantial change to an 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 beyond what is permitted under the current residential
zoning. The proposed zone change will not result in any changed conditions on or
to any of the affected parcels or their physical environment, and will therefore have
no effect on the health, safety, and welfare of the community or the surrounding
natural environment. The conversion of 4.35 acres of residentially zoned land to
commercial zoning will not significantly affect public welfare concerns.
Finding 3: Land Use Compatibility
The zone change is compatible with the zoning on adjacent properties, as the
designation of the property as Neighborhood Commercial will have no effect on
adjacent existing land uses in that it will be consistent with existing La Quinta
Sphere of Influence (SOI) commercial land use designations to the east of the
subject property. Further, the designation of the property as Neighborhood
Commercial will, allow expanded opportunity for the provision of general
convenience retail andl services to the surrounding residentially zoned areas.
Finding 4: Property Suitability
The zone change is suitable and appropriate for the subject property, in that the
rezoning of the subject property to Neighborhood Commercial will facilitate
commercial uses at a planned major intersection, and further the establishment of a
concentrated commercial node at that location. Existing Imperial Irrigation District
transmission lines and support poles on the site and in the area, along with current
residential zoning restrictions which limit lot size to no less than 20,000 square
feet, also reflect the site's suitability toward commercial development.
Resolution No. 2013-056
Zone Change 2013-144
Adopted: December 3, 2013
Page 3
Finding 5: Changes in Circumstance
Approval of the zone change is not currently warranted as the situation and the
general conditions of the property have not substantially changed since the existing
land use designation was imposed. No land use changes occurred in the area under
the City's 2002 General Plan and no changes were proposed in the City's recently
adopted 2035 General Plan. Several existing parcels in the surrounding area,
designated for commercial development, continue to remain vacant. Given that no
specific commercial development proposals have been brought forward in the
vicinity of the subject property is also indicative that conditions in the area have
not substantially changed over time.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the Findings of the
City Council in this case;
SECTION 2. That the City Council does hereby deny Zone Change 2013-144, for
the reasons set forth in this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3rd day of December, 2013, by the following vote:
AYES: Council Members Evans, Franklin, Mayor Adolph
NOES: Council Members Henderson, Osborne
ABSENT: None
ABSTAIN: None
DON AD H, r
City of La Quinta, California
Resolution No. 2013-056
Zone Change 2013-144
Adopted: December 3, 2013
Page 4
ATTEST:
SUSAN MAYSELS, City Mark
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M.' KATHERINE JIPMON, City Attorney
City of La Quinta, California