CC Resolution 2013-055RESOLUTION NO. 2013-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DENYING GENERAL PLAN
AMENDMENT 2013 -126, FROM LOW DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL, FOR A 4.35
ACRE PARCEL
CASE: GENERAL PLAN AMENDMENT 2013-126
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 General Plan Amendment 2013 -126, a
request to amend the La Quinta General Plan Land Use Map designation from Low
Density Residential to General 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 General Plan Amendment and, after hearing and
considering all testimony and arguments, did recommend to the City Council denial
of General Plan Amendment 2013-26; 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, at said City Council public hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons wanting to be heard,
the City Council did make the following mandatory findings, pursuant to Section
9.230.020.B of the La Quinta Municipal Code, to deny said General Plan
Amendment:
Finding 1: Internal General Plan Consistency
The proposed amendment is internally consistent with those goals, objectives and
policies of the general plan, which are not being amended. Review of the City's
General Plan found no applicable goals, policies or programs that were in conflict
Resolution No 2013-055
General Plan Amendment 2013-126
Adopted: December 3, 2013
Page 2
with the proposed amendment.
Finding 2: Public Welfare
The proposed amendment will not create conditions materially detrimental to the
public health, safety and general welfare in that the proposed amendment 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 land use. The proposed amendment 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 land use will not significantly affect public
welfare concerns.
Finding 3: General Plan Compatibility
The proposed amendment from Low Density Residential to General Commercial is
compatible with the designations on adjacent properties, in that the designation of
the property as General Commercial 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 and services to the surrounding residentially designated areas.
Finding 4: Property Suitability
The proposed amendment from Low Density Residential to General Commercial is
suitable and appropriate for the subject property, in that amendment of the subject
property 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.
Finding 5: Changes in Circumstance
Approval of the amendment 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
Resolution No 2013-055
General Plan Amendment 2013-126
Adopted: December 3, 2013
Page 3
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 General Plan Amendment
2013 -126, 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 ADOLPH, N
City of La Quinta,
Resolution No 2013-055
General Plan Amendment 2013-126
Adopted: December 3, 2013
Page 4
ATTEST:
�l
SUSAN MAYSELS, City Jerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS FARM:
W. KATHERINE JFPSON, City Attorney
City of La Quinta, ✓California