ORD 522ORDINANCE NO. 522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING ZONE
CHANGE 2014-146, REZONING PROPERTY LOCATED
AT 51351 AVENIDA BERMUDAS
CASE: ZONE CHANGE 2014-146
APPLICANT: CITY OF LA QUINTA
CEQA: SECTION 15061(b)(3) REVIEW FOR EXEMPTIONS — GENERAL RULE
WHEREAS, the City Council of the City of La Quinta, California did, on the
18th day of November, 2014, hold a duly noticed public hearing for review of a
City -initiated request to consider a Zone Change from Major Community Facilities
to Village Commercial, for property located at 51351 Avenida Bermudas, within the
Village at La Quinta and identified in attached Exhibit "A," more particularly
described as:
LOTS 5 AND 6, BLOCK 134, SANTA CARMELITA AT VALE LA QUINTA, UNIT 14
— MB 018/082 - APN: 773-104-017
WHEREAS, the Planning Commission of the City of La Quinta did, on the
26th day of August, 2014, hold a duly noticed Public Hearing to consider the
aforementioned Zone Change; and,
WHEREAS, subsequent to said Public Hearing, the Planning Commission of
the City of La Quinta did adopt Planning Commission Resolution 2014-023 to
recommend to the City Council adoption of said Zone Change; and,
WHEREAS, said Zone Change has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" as amended
(Resolution 83-68), in that the La Quinta Community Development Director has
determined that the Zone Change is exempt from CEQA review pursuant to Section
15061 (b)(3), Review for Exemptions — General Rule; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, the
La Quinta City Council did make the following mandatory findings to justify
adoption of said Zone Change:
Ordinance No. 522
Zone Change 2014-146
December 2, 2014
Page 2
Finding A - The Zone Change is consistent with the General Plan.
The proposed Zone Change is consistent with the goals, objectives and policies of
the La Quinta General Plan. The Village Commercial zoning designation proposed
will not significantly change the type or intensity of land use that could be
proposed for the site in the future.
Finding B - Approval of the Zone Change will not create conditions materially
detrimental to the public health, safety and general welfare.
The proposed change will not result in a substantial change to existing recreational
areas, 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 site was originally
developed with a residential structure, which has been used as office space since
2002. No change in the current use is proposed, and any future uses permitted
under the Village Commercial land use would be consistent with existing
surrounding residential and commercial land uses. 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 zoning is compatible with the zoning designations on adjacent
properties.
The Zone Change will allow use of the property as office and commercial space.
Residential and commercial properties exist adjacent to the site, and these uses are
compatible. Further, the Village Commercial zoning district allows residential and
commercial development through a Village Use Permit process, which would assess
and mitigate any future proposed uses.
Finding D - The new zoning designation is suitable and appropriate for the subject
property.
The Village Commercial zoning designation allows residential and commercial land
uses, which are suitable with the surrounding uses.
Finding E - Approval of the Zone Change is warranted because the situation and
general conditions of the property have substantially changed since the existing
designation was imposed.
Ordinance No. 522
Zone Change 2014-146
December 2, 2014
Page 3
The Village Commercial land use designation is warranted as the existing land use
has changed from a' public ownership and service facility (police substation) to
private o_wner-ship: with a traditional commercial land use. Village Commercial land
uses are generally suitable and compatible with the existing surrounding area.
. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning the
properties as depicted on the map attached hereto as Exhibit "A," and made a part
of this Ordinance.
SECTION 2. ENVIRONMENTAL: A review for exemption was conducted under the
California Environmental Quality Act (CEQA). The Community Development
Department determined that the proposed Zone Change is exempt from
environmental review under CEQA, pursuant to Section 15061(b)(3), Review for
Exemptions of the CEQA Guidelines, in that it can be seen with certainty that there
is no possibility for these actions to have a significant effect --on the environment.
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 the City of La Quinta.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held this 2nd day of December, 2014, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 522
Zone Change 2014-146
December 2, 2014
Page 4
DON AD LP , r
City of La Quinta, galifornia
ATTEST:
SUSAN MAYSELS, Cit Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO --FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 522
Zone Change 2014-146
December 2, 2014
Page 5
MONTEZU
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B
EXHIBIT "A"
ZONE CHANGE 2014-146
ORDINANCE # 522
CURRENT ZONING
DESIGNATION:
MAJOR COMMUNITY
FACILITIES
Ordinance No. 522
Zone Change 2014-146
December 2, 2014
Page 6
PROPOSED ZONING
DESIGNATION:
VILLAGE COMMERCIAL
Ordinance No. 522
Zone Change 2014-146
December 2, 2014
Page 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
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. 522
which was introduced at a regular meeting on the 18th day of November, 2014,
and was adopted at a regular meeting held on the 2nd day of December, 2014 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 the Rules of Procedure adopted by City Council
Resolution No. 2014-013.
1;
SUSAN MAYSELS, City rk
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 December 3, 2014, pursuant to
Council Resolution.
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SUSAN MAYSELS, y Clerk
City of La Quinta, California