ORD 460ORDINANCE NO. 460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING ZONE
CHANGE 2008-137, A CHANGE OF ZONE FOR A .32
ACRE CITY PARCEL FROM PARKS AND RECREATION TO
TOURIST COMMERCIAL, LOCATED AT THE SOUTHEAST
CORNER OF WASHINGTON STREET AND MILES
AVENUE.
CASE NO.: ZONE CHANGE 2008-137
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on the
2151 of October, 2008, hold a duly noticed Public Hearing for a City -initiated
request for a change of zoning from Parks and Recreation to Tourist Commercial on
a .32 acre City -owned property, located at the southeast corner of Washington
Street and Miles Avenue, on property more particularly described as:
Lot "I" of Parcel Map 31116
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 23`d of September, 2008, hold a duly noticed Public Hearing to consider the
same Change of Zone as identified above and recommended approval to the City
Council; and
WHEREAS, said Change of Zone 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 Zone Change under the provisions of CEQA, and has determined that
the project is exempt pursuant to Sections 15312 and 15332 of the CEQA
Guidelines; and
WHEREAS, the Planning Department published a 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
mailed to all property owners within 500 feet of the site; 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:
Ordinance No. 460
Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 2
Finding A - The project is consistent with the General Plan.
The proposed Zone Change is consistent with the goals, objectives and policies of
the general plan. The change in zoning will not conflict with the General Plan.
Finding B - The new designation is compatible and consistent with the Specific
Plan.
The proposed Zone Change is consistent with the land uses and policies of the
Centre Pointe Specific Plan. The change in zoning will facilitate the development of
a restaurant as identified in the specific plan.
Finding C - Approval of the amendment will not create conditions materially
detrimental to the public health, safety and general welfare.
Approval of the proposed Zone Change will not create conditions materially
detrimental to public health, safety and general welfare in that the proposed change
will not result in a substantial change or loss of existing recreational space, will not
result in the loss of existing wildlife habitat, nor will it have an effect on the
conditions of the existing surrounding neighborhood due to the fact that the small
corner property is a .32 acre urban infill parcel that does not contain wildlife habitat
or usable or functional recreational space and because the Tourist Commercial
zoning designation is compatible with the surrounding area. Therefore, the
proposed Zone Change will have no effect on the health, safety, and welfare of the
community or surrounding natural environment.
Finding D - The new designation is compatible with the zoning on adjacent
properties.
The new Tourist Commercial zoning is compatible and consistent with existing and
surrounding land uses, zoning designations, and the existing specific plan. By
designating the property as Tourist Commercial it will have a beneficial effect on
the adjoining zoning in that it will be consistent with the existing Tourist
Commercial designation of the Centre Pointe commercial development.
Finding E - The new zoning designation is suitable and appropriate for the subject
property.
Ordinance No. 460
Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 3
The small corner property is located at a busy intersection and is adjacent to
existing commercial developments containing a hotel and restaurants; therefore the
property is appropriate and suitable for a Tourist Commercial zoning designation.
Finding F - 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 zoning designation is warranted because the situation and the
general conditions of the property have changed since the existing Parks and
Recreation designation was imposed. The property will no longer be used for a
City entry monument sign and is undevelopable in its current size, situation, and
dimensions. As a result, the surplus property would be better suited to merge with
the adjacent property, which has a land use designation of Tourist Commercial.
Finding G - The project is in conformance with the California Environmental
Quality Act.
The City has determined that the project is exempt from the provisions of the
California Environmental Quality Act (CEQA) because the property is of a size,
shape, and inaccessibility that makes it incapable of independent development or
use, that the use of the property and adjacent properties have not changed since
the time of purchase by the City of La Quinta Redevelopment Agency, and because
the urban infill property does not have significant value for recreational use, open
space, wildlife habitat, or other environmental purposes. The Change of Zone will
enable the sale of this surplus property, and is therefore categorically exempt under
Section 15312 of the California Environmental Quality Act. Additionally, any
development of the subject .32 acre site facilitated by the proposed change in land
use designation would be exempt from the California Environmental Quality Act as
"In -Fill Development" per Section 15332, as the subject site is less then five acres
and is substantially surrounded by urban uses.
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
a .32 acre City -owned property located at the southeast corner of Washington
Street and Miles Avenue from Parks and Recreation to Tourist Commercial, as
noted on Exhibit "A" attached hereto and made part of this Ordinance.
Ordinance No. 460
Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 4
SECTION 2. ENVIRONMENTAL. The Planning Department has determined
that the Amendments to the Municipal Code are exempt pursuant to Section
15061(13)(3) 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 urban infill property does not have significant value for recreational use,
open space, wildlife habitat, or other environmental purposes.
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 41h day of November, 2008, by the following vote, to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
(&-) 1-'L -
DON AD PH, layor
City of La Quinta California
ATTEST:
rU�v1 L"K
VERONICA NTECINO, CMC, City Clerk
City of La Ctbinta, California
(CITY SEAL)
Ordinance No. 460
Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 5
APPROVED AS TO FORM:
A tl:�
M. KATH RINE JENSO , City Attorney
City of La Quinta, California
Ordinance No. 460
Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 6
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Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 7
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Ordinance No. 460
Zone Change 2008-137
Centre Pointe Parcel
November 4, 2008
Page 8
STATE OF CALIFORNIA)
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.
460 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.
7Z
VERONICA . MONTECINO, 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 �oreinbU/y�aD,
pursuant to Council Resolution.
VERONICA ONTECINO, CIVIC, City Clerk
City of La Tuinta, California