ORD 511ORDINANCE NO. 511
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE
2012-142, A CHANGE OF ZONE FOR A SINGLE
PROPERTY FROM COMMERCIAL PARK TO REGIONAL
COMMERCIAL
CASE: ZONE CHANGE 2012-142
APPLICANT: ROCK N ROLL MINI GOLF, LLC
WHEREAS, the City Council of the City of La Quinta, California did, on the
7" day of May, 2013, hold a duly noticed public hearing to consider a request by
Rock n Roll Mini Golf, LLC to consider a change in zoning from Commercial Park to
Regional Commercial, generally located on the southwest corner of Dune Palms
Road and Corporate Centre Drive, more particularly described as:
APN: 600-390-023
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 9" day of April, 2013, hold a duly noticed Public Hearing to consider a
recommendation on said Zone Change, and after hearing and considering all
testimony and arguments, did adopt Planning Commission Resolution 2013-002,
recommending to the City Council approval of Zone Change 2012-142; and,
WHEREAS, the Community Development Department published a public
hearing notice in The Desert Sun newspaper on April 26, 2013 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 recommending approval of said
Zone Change:
Finding A: Consistency with General Plan
The zone change is consistent with the goals, objectives and policies of the general
plan, which are not being amended. The purpose of the change in land use
designation is to make the property's land use designation consistent with adjacent
and nearby properties.
Finding B: Public Welfare
Approval of the zone change will not create conditions materially detrimental to the
Ordinance No. 511
Zone Change 2012-142
Rock n Roll Mini Golf, LLC
Adopted: May 21, 2013
Page 2
public health, safety and general welfare in that the proposed change will not result
in a substantial change to an existing recreational area, 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 proposed zone change will not result in any
changed conditions to the exterior of the building and will therefore have no effect
on the health, safety, and welfare of the community or surrounding natural
environment.
Finding C: Land Use Compatibility
The new zoning is compatible with the zoning on adjacent properties because the
proposed miniature golf recreation center use is compatible with the surrounding
existing restaurants, medical offices, and commercial retail businesses. The zone
change will bring the property into conformance with the proposed project and will
have no effect on adjacent existing land uses
Finding D: Property Suitability
The new zoning is suitable and appropriate for the subject property in that the
property is within an existing commercial shopping center and is adjacent to
similarly zoned properties.
Finding E: Changes in Circumstance
Approval of the zone change is warranted because the situation and the general
conditions of the property have substantially changed since the existing zoning was
imposed. The La Quinta Valley Plaza, which incorporates both Regional
Commercial and Commercial Park zoning along with a Specific Plan, has developed
through the years primarily with uses consistent with the Regional Commercial land
use/zoning. This is due to the fact that the development abuts two highly -traveled
roadways, Highway 111 and Dune Palms Road. When Corporate Centre Drive is
developed to its full capacity, the plaza, including the proposed Rock n Roll Mini
Golf parcel, would have the visibility and functions of a regional commercial center
on three road frontages. Thus, a change in zoning from Commercial Park to
Regional Commercial for the subject parcel would be compatible with the
surrounding properties, land uses, and commercial functions, which are already
designated Regional Commercial.
Furthermore, with the recent adoption of the updated General Plan, the land use
designation of the property changed from Commercial Park to General Commercial.
A variety of uses that were prohibited in the Commercial Park zone are now
available as part of the Regional Commercial zone. These uses, including dry
cleaners, professional and medical offices, and restaurants, among others, are more .
Ordinance No. 511
Zone Change 2012-142
Rock n Roll Mini Golf, LLC
Adopted: May 21, 2013
Page 3
in line with the uses and development patterns of the La Quinta Valley Plaza.
Many of the uses that were permitted in the Commercial Park zone but are now
prohibited as part of the proposed Regional Commercial zone are industrial -related
uses, which are inconsistent with the development of the plaza, and are also
subject to additional restrictions in the La Quinta Valley Plaza Specific Plan.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SFCTInN 1
The La Quinta Official Zoning Map is hereby amended by rezoning the property
described as APN: 600-390-023 from Commercial Park to Regional Commercial.
The properties for such rezoning are shown and depicted on the map attached
hereto as Exhibit "A," and made a part of this Ordinance.
SECTION 2: ENVIRONMENTAL
The Community Development Department has determined that the proposed
project is exempt from environmental review under the California Environmental
Quality Act (CEQA) pursuant to Chapter 2.6, Section 21080 of the Public
Resources Code, California Environmental Quality Act Statutes, and Section
15061(b)(3), Review for Exemptions of the CEQA Guidelines, and pursuant to
Section 15301 (Class 1) in that the proposed use is within an _existing facility, and
the change of zone will not result in an intensification of land use on the
approximately one -acre parcel.
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 this City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 21" day of May, 2013, by the following vote:
Ordinance No. 511
Zone Change 2012-142
Rock n Roll Mini Golf, LLC
Adopted: May 21, 2013
Page 4
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOVPYi, M r
City of La buinta, California
ATTEST:
SUSAN MAYSELS, Cit Clerk
City of La Quinta, California
(CITY SEAL)`'
r
M. #KATHERINE UENSON, `Ci
City of La Quinta, California
Ordinance No. 511
Zone Change 2012-142
Rock n Roll Mini Golf, LLC
Adopted: May 21, 2013
Page 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE 1 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. 511
which was introduced at a regular meeting on the 7th day of May, 2013 and was
adopted at a regular meeting held on the 2151 day of May, 2013, 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 City Council Resolution No. 2006-1 15.
SUSAN MAYSELS, ity Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the
certify that the foregoing ordinance w<
Council Resolution.
e�VLp.�r�. Y ►"�1,�.�'
SUSAN MAYSELS,Ntity Clerk
City of La Quinta, California
City of La Quinta, California, do hereby
posted on May .aff, 2013 pursuant to
�3
EXHIBIT "A"
EXISTING ZONING: COMMERCIAL PARK (CPI
No'-_ —�IllimilliM
NONRESIDENTIAL DISTRICTS
0
Regional Commercial
Community Commercial
cN
Neighborhood Commercial
oT
Tourist Commercial
Industrial
office Commercial
Major Community Facilities
Commercial Park