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ORD 456ORDINANCE NO. 456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY GENERALLY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: ZONE CHANGE 2006-127 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81h day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Zone Change 2006-127, and did in fact adopt Planning Commission Resolution 2008-002, recommending approval to the La Quinta City Council; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 1 '` day of April, 2008, hold a duly -noticed Public Hearing to consider the recommendation of the Planning Commission on Zone Change 2006-127, to allow a 264-unit residential condom inium/townhome project, including a guard gatehouse, two common area pools and other recreational amenities; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("Draft SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and WHEREAS, the Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26`h day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, Ordinance No. 456 Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: June 2, 2008 Page 2 WHEREAS, at said Public Hearing held April 1, 2008, the City Council did continue said Public Hearing to the regular meeting of April 15, 2008, and upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council voted to introduce this Ordinance; and WHEREAS, the City Council hereby makes the following mandatory findings to justify approval of Zone Change 2006-127: 1. The zoning designation of Tourist Commercial/Residential Specific Plan Overlay (TC/RSP) is consistent with the goals, objectives and policies of the General Plan. The proposed General Plan land use designation of Resort Mixed Use is appropriate for the project site, as it requires a minimum 20-acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. The TC/RSP Overlay, in conjunction with Amendment No. 6 to the PGA West Specific Plan, serves to implement the principles identified in the La Quinta General Plan, for the Resort Mixed Use land use category. 2. The zoning designation of TC/RSP Overlay will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The revised project application for a 264-unit residential condominium/townhome development, consisting of one and two-story structures, is determined not to be a detriment to the community, based on the Subsequent Environmental Impact Report prepared for the proposed Project. 3. The zoning designation of TC/RSP Overlay is compatible with the designations on adjacent property. Under the Tourist Commercial zoning designation, combined with the Residential Specific Plan Overlay, residential mixed -use projects are permitted. The TC/RSP Overlay designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The development density of 6.3 units per net acre is comparable to existing single and multi -family residential development within PGA West, which, when based on net density, averages approximately between four to seven units per net acre in certain areas of PGA West. Ordinance No. 456 Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: June 2, 2008 Page 3 4. The zoning designation of TC/RSP Overlay is suitable and appropriate for the property involved, due to the resort character of the proposed development, the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed consistent with the La Quinta General Plan. In the 20-plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to develop with a land use more suitable to the current development climate and more in keeping with the overall PGA West project theme as a residential golf resort. 5. The zoning designation of TC/RSP Overlay is warranted because the situation and general conditions of the property have substantially changed since the existing designation of Tourist Commercial was imposed. The Tourist Commercial zoning designation was imposed for the Project site within PGA West in 1984, as a resort hotel. Market conditions, area development patterns, land costs, conversion of commercial land to residential use, and the general viability of the site as a hotel project have changed dramatically over the past 20-plus years. The TC/RSP Overlay zoning designation will provide a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. PURPOSE: To rezone a portion of real property, from Tourist Commercial to Tourist Commercial/Residential Specific Plan, for ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard. Said property is illustrated in Exhibit "A" attached hereto, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7. PARCEL MAP 20426 Ordinance No. 456 Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: June 2, 2008 Page 4 SECTION 2. ENVIRONMENTAL: Zone Change 2006-127 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the City Council has certified has a Subsequent Environmental Impact Report ("Draft SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was previously presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications. 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 certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, 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 an adjourned meeting of ,the La Quinta City Council, held on this 2"d day of June, 2008, by the following vote: AYES: Council Members Henderson, Kirk, Sniff, Mayor Pro Tern Osborne NOES: None ABSENT: Mayor Adolph ABSTAIN: None ME M. 098ORNE, Mayor Pro Tern City of La Quinta, California Ordinance No. 456 Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: June 2, 2008 Page 5 ATTEST: CMC. Citv Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: ATHE E JENSON, ity Attorney City of La Quinta, California Ordinance No. 456 Zone Change 2006-127 Crowne Pointe Partners, LLC Adopted: June 2, 2008 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA MONTECINO, 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. 456 which was introduced at a regular meeting on the 151n day of April, 2008, and was adopted at an adjourned meeting held on the 2nd day of June, 2008, not being less than five 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. 2006-1 15. a VERONICA�TECINO, CMC, City Clerk City of La Uinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA City of La f , California C, City Clerk ORDINANCE NO. 456 EXHIBIT "A" EDEN ROCK AT PGA WEST TO F/RSP" ZONE CHANGE FROM "CT" TOURIST COMMERCIAL . TO "CT/RSP" TOURIST COMMERCIAURESIDENTIAL SPECIFIC PLAN OVERLAY-- 41.95 ACRES ZC 2006-127