ORD 461ORDINANCE NO. 461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING ZONE
CHANGE 2008-134, A CHANGE OF ZONE FOR AREAS
IDENTIFIED AS AREA "A", AREA "B", AREA "C", AND
AREA "D".
CASE NO.: ZONE CHANGE 2008-134
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on the
21 s` of October, 2008, hold a duly noticed Public Hearing for a City -initiated
request for a change of zoning for the following areas:
AREA A: A 24.64 ACRE SITE IDENTIFIED AS THE COLONEL
MITCHELL PAIGE MIDDLE SCHOOL, MORE PARTICULARLY
DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721
AREA B: A 10.33 ACRE SITE IDENTIFIED AS THE HORIZON SCHOOL,
MORE PARTICULARLY DESCRIBED AS REMAINDER PARCEL OF
PARCEL MAP 27131
AREA C: A 12.74 ACRE SITE IDENTIFIED AS THE BENJAMIN
FRANKLIN ELEMENTARY SCHOOL, MORE PARTICULARLY
DESCRIBED AS PARCEL 1 OF PARCEL MAP 30721
AREA D: A 2.5± ACRE SITE IDENTIFIED AS THE NORTHERLY
PORTION OF THE CITY OF LA QUINTA PUBLIC WORKS YARD AND
PARKING LOT, GENERALLY DESCRIBED AS THE EASTERN HALF OF
PARCEL MAP 19203 AND AN ADJACENT 9000 SQUARE FOOT
CITY -OWNED PARCEL LOCATED IN A PORTION OF THE SW% OF
SECTION 6, T6S, R7E, S.B.M
WHEREAS, said Change of Zone will change the areas land use designations
as follows:
AREA A: from Office Commercial (CO) to Major Community
Facilities (MC)
AREA B: from High -Density Residential (RH) to Major Community
Facilities (MC)
Ordinance No. 461
Zone Change 2008-134
School Sites and Public Works Yard
November 4, 2008
Page 2
AREA C: from Village Commercial (VC) to Major Community
Facilities (MC)
AREA D: from Parks and Recreation (PR) to Major Community
Facilities (MC)
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 23rd of September, 2008, adopt Planning Commission Resolution 2008-028,
recommending to the La Quinta City Council approval of Zone Change 2008-134;
and,
WHEREAS, said Zone Change has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as
amended (Resolution 83-63) in that the La Quinta Planning Department has
reviewed the Change of Zoning under the provisions of CEQA, and has determined
that the Amendment is exempt pursuant to Section 15061(b)(3) and Section
15305 of the CEQA Guidelines; and
WHEREAS, the Planning Department published a city-wide public hearing
notice in The Desert Sun newspaper on both September 12, 2008 and again on
October 10, 2008, as prescribed by the Municipal Code. Public hearing notices
were also posted on bulletin boards at City Hall, on the City of La Quinta's website,
at the Village Post Office, and at the 111 La Quinta Shopping Center; and
WHEREAS, at said 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 to justify approval of said
Change of Zone:
Finding A - The project is consistent with the General Plan.
The proposed Change of Zoning is internally consistent with those goals, objectives
and policies of the General Plan which are not being amended. The purpose of the
Zone Change is to bring the existing public facility uses, General Plan land use
designations, and zoning into conformity.
Finding B - Approval of the amendment will not create conditions materially
detrimental to the public health, safety and general welfare.
Ordinance No. 461
Zone Change 2008-134
School Sites and Public Works Yard
November 4, 2008
Page 3
Approval of the proposed Zone Change will not create conditions materially
detrimental to the public health, safety, and general welfare in that the proposed
changes will not result in a substantial change to existing recreational or open
space, will not result in the loss of existing wildlife habitat, nor will they have an
effect on the conditions of the existing surrounding neighborhoods due to the fact
that all of the subject properties have already been developed as community
facilities. The proposed Change of Zoning 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 designation is compatible with the zoning on adjacent
properties.
The current land uses of the subject properties are not consistent with their
existing Zoning designations. The Zone Change will have no effect on adjacent
existing land uses because the properties have already been fully developed as
community facilities.
Finding D - The new zoning designation is suitable and appropriate for the subject
property.
The new zoning designations are suitable and appropriate for the subject
properties, as they are all existing public facilities utilized for education, public
services, and public safety. The properties have been previously developed as
community facilities such as schools, recreational facilities, and public service
facilities and the change of zone will bring the existing uses into conformity.
Finding E - Approval of the amendment is warranted because the situation and
the general conditions of the property have substantially changed since the existing
zoning was imposed.
Approval of the Major Community Facilities (MC) zoning designation is warranted
because the existing facilities were not developed in conformance with the
appropriate zoning designation.
Finding F - The project is in conformance with the California Environmental
Quality Act.
Ordinance No. 461
Zone Change 20M134
School Sites and Public Works Yard
November 4, 2008
Page 4
The City has determined that the project is exempt from the provisions of the
California Environmental Quality Act (CEQA) because the public facilities are
already constructed and the change in land use designation is consistent and
appropriate for the public facilities. No physical change to the environment will
occur as a result of the General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, that it does ordain as follows:
SECTION 1. The Official Zoning Map for the City of La Quinta is amended
for those areas noted as A through D by identifying the zoning as Major
Community Facilities (MC), as noted on "Exhibit 1 " attached hereto and made part
of this Ordinance.
SECTION 2. ENVIRONMENTAL. The Planning Department has determined
that the Amendments to the Municipal Code are exempt pursuant to Section
15061 (b)(3) and Section 15305 of the Guidelines for Implementation of the California
Environmental Quality Act. The Ordinance will not have a negative effect on the
environment in that the existing public facilities have already been developed and
that this change of zone will bring them into conformance with the appropriate
zoning.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take full force and
effect and be in force 30 days after passage.
SECTION 4. PUBLICATION. The City Clerk is directed to publish this
Ordinance in the manner and in the time required by law.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council, held on the 4`h day of November, 2008, by the following vote, to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Sniff
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 461
Zone Change 2008-134
School Sites and Public Works Yard
November 4, 2008
Page 5
DON ADOL , M or
City of La Quinta California
It�l��ll
VERONICA J,/1VIONTECINO, CMC, City Clerk
City of La Minta, California
(CITY SEAL)
APPROVED AS TO FORM:
NI. KATHIERINE J�NSal\l, City Attorney
City of La Quinta lifornia
Ordinance No. 461
Zone Change 2008-134
School Sites and Public Works Yard
November 4, 2008
Page 6
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Ordinance No. 461
Zone Change 2008-134
School Sites and Public Works Yard
November 4, 2008
Page 10
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA 1
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.
461 which was introduced at a regular meeting on the 21 st day of October, 2008,
and was adopted at a regular meeting held on the 4th day of November, 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. 2006-115.
VERONICA J. T CINO, CMC, City Clerk
City of La Quinta, 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 /lzo✓.
pursuant to Council Resolution.
VERONICA . MONTECINO, CIVIC, City Clerk
City of La Quinta, California