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CC Resolution 2017-007 FINAL PMN 36964RESOLUTION NO. 2017 - 007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 36964 WHEREAS, the owner/developer of a 19,943 square foot vacant residential lot at the southeast corner of Calle Quito and Avenida La Jarita submitted an application for the subdividing of property into two lots of 10,000 and 9,943 square feet. This vacant lot is in the Low Density Residential (RL) zoning designation, 10,000 square foot minimum lot size; and WHEREAS, Minor Adjustment (MA) 2016-0001 was approved allowing a reduction in size of the second lot by 57.3 square feet; and WHEREAS, on February 17, 2016, the Design and Development Director (Director) approved Tentative Parcel Map 36964 and MA 2016-0001. On February 29, 2016, Mr. George Bushala (Appellant) appealed the Director's approval to the Planning Commission; and WHEREAS, on March 22, 2016, after considering public testimony, the Planning Commission denied the appeal and sustained the Director's decision. On April 6, 2016, Appellant appealed the Planning Commission's decision to the City Council; and WHEREAS, on May 3, 2016, the City Council granted the appeal of Tentative Parcel Map 36964 and MA 2016-0001 and referred the project back to the Director with instructions; and WHEREAS, on November 16, 2016, the Director approved Tentative Parcel Map 36964 and MA 2016-0001 after following the City Council's instructions by having the owner address the minimum lot frontage requirements and submit an archaeology report, and the Design and Development Department staff re -noticed the public hearing with reference to the California Environmental Quality Act (CEQA) exemptions Classes 3,15, and 32 to all property owners within 500 feet of the project; and WHEREAS, at the duly noticed Public Hearing on November 16, 2016, the Director approved Tentative Parcel Map 36964 subdividing a 19,943 square foot site into 2 lots and Minor Adjustment 2016-0001 allowing a reduction in lot size of 57 square feet, subject to conditions of approval; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Director did make the following mandatory findings pursuant to Section 9.210.040 of the Municipal Code to justify approval of said Tentative Parcel Map 36964: Resolution No. 2017-007 Parcel Map 36964 Adopted: March 7, 2017 Page 2 of 4 1. Consistency with General Plan The proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance. The proposed map is consistent with the General Plan Land Use Element for Low Density Residential, insofar as it will create two lots for single-family homes in an existing single-family home neighborhood. 2 Consistency of Design of Proposed Subdivision with General Plan and Zoning Code The design or improvement of the proposed tentative parcel map is consistent with the City's General Plan and Zoning Ordinance in that its dimensions and size are consistent with the requirements of the Low Density Residential/10,000 zone and the provisions of the Section 9.210.040, Minor Adjustments. 3. Compliance with California Environmental Quality Act (CEQA) The design of the tentative parcel map and the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The parcel is devoid of significant vegetation, and surrounded by roadways and existing homes. There is no habitat on the site for fish or wildlife. The City of La Quinta Design and Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development). 4. The design of the tentative parcel map and the proposed improvements are not likely to cause serious public health problems. As conditioned, the proposed tentative parcel map will not result in any increased hazard to public health or welfare. 5. The site of the proposed tentative parcel map is physically suitable for the type of development and proposed density of development. As conditioned, the proposed design of the subdivision is consistent in size and shape with surrounding existing single- family home lots in this neig hborhood. 6. As conditioned, the proposed tentative parcel map is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot frontage requirement, and minimum lot area requirements, as adjusted, any other applicable Resolution No. 2017-007 Parcel Map 36964 Adopted: March 7, 2017 Page 3 of 4 provisions of this code, and the Subdivision Map Act. 7. As conditioned, the design of the tentative parcel map will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, in that none presently exist and access is provided within the project and to adjacent public streets. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Director did make the following mandatory findings pursuant to Section 9.210.040 of the Municipal Code to justify approval of said Minor Adjustment 2016-0001: 1. Consistency with General Plan The project is consistent with the General plan, insofar as the subdivision will result in two single family lots in the Low Density Residential land use designation. 2. Consistency with Zoning Code The project is consistent with the provisions of the zoning code. The zoning designation for the property is RL/ 10,000. The project will result in one lot of 10,000 square feet, and one lot of 9,943 square feet. The zoning ordinance allows for Minor Adjustments of up to 10% of any numerical standard. The requesting Minor Adjustment represents a reduction of 0.5% in the 10,000 square foot minimum requirement, for a parcel of irregular shape that is affected by the turning radius on the corner of Calle Quito and Avenida La Jarita. 3. Compliance with California Environmental Quality Act (CEQA) Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The City has determined that the Minor Adjustment is exempt from CEQA pursuant to Section 15315, Class 15 (Minor Land Divisions), Section 15303, Class 3 (New Construction), and Section 15332, Class 32 (In -fill Development). 4. Surrounding Uses Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The creation of a 9,943 square foot lot will not result in any perceptible difference from the surrounding 10,000 square foot lots. Resolution No. 2017-007 Parcel Map 36964 Adopted: March 7, 2017 Page 4 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council does hereby grant approval of Final Parcel Map 36964, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, including the Recitals herein. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of March 2017, by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None ATTEST: SUSAN MAYSELS, City t(►- rk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: c� WILLIAM H. IHRKE, City Attorney City of La Quinta, California LINDA EVANS, Mayor City of La Quinta, California