ORD 513ORDINANCE NO. 513
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE
2013-143, TO APPLY AN AFFORDABLE HOUSING
OVERLAY ZONE (AHO) TO ALL COMMERCIAL
PROPERTIES ZONED NEIGHBORHOOD COMMERCIAL
(NC); COMMUNITY COMMERCIAL (CC); REGIONAL
COMMERCIAL (RC); COMMERCIAL PARK (CP); AND
VILLAGE COMMERCIAL (VC), AND OTHER SPECIFIC
SITES, ALONG WITH OTHER REZONING CHANGES AS
IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT
CASE: ZONE CHANGE 2013-143
APPLICANT: CITY OF LA QUINTA
WHEREAS, the La Quinta City Council adopted the 2035 General Plan
Update on February 19, 2013, to guide development throughout the City, and
maintains a Zoning Ordinance to implement the vision set forth in the General Plan;
and
WHEREAS, said General Plan adoption incorporated the City of La Quinta's
Housing Element, as adopted by the La Quinta City Council on August 2, 2011
(RES. No. 2011-072)•; and
WHEREAS, the La Quinta General Plan's Housing Element includes several
program objectives related to rezoning and zoning code amendment actions
necessary to accommodate state -mandated affordable housing requirements; and
WHEREAS, Section 65860(a) of the California Government Code requires
that zoning be consistent with the adopted local General Plan; and
WHEREAS, the Planning Commission of the City of La Quinta, California did,
on the 14`h day of May, 2013, hold a duly noticed Public Hearing to consider a
recommendation regarding Zone Change 2013-143 and, after hearing and
considering all testimony and arguments, did adopt Planning Commission
Resolution 2013-006, recommending to the City Council approval of Zone Change
2013-143; and,
WHEREAS, the City Council of the City of La Quinta, California did, on the
41h day of June, 2013, hold a duly noticed public hearing to consider the Planning
Commission recommendation regarding Zone Change 2013-143, affecting multiple
properties, including the addition of an Affordable Housing Overlay to all CN, CC,
Ordinance No. 513
Zone Change 2013-143
Adopted: June 18, 2013
Page 2
CP, CR and VC zoned properties, and considered the evidence, written and oral,
presented at said hearing; and,
WHEREAS, a public hearing notice was published in the The Desert Sun
newspaper on May 24`h, 2013 as prescribed by the Municipal Code; and,
WHEREAS, at the June 4, 2013 City Council 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 grant approval of said Zone Change:
Finding 1: Consistency with General Plan
Zone Change 2013-143 is consistent with the goals, objectives and policies of the
La Quinta General Plan, as the purpose and intent of the zone change is to bring
the Official Zoning Map into compliance with the La Quinta General Plan and its
Housing Element.
Finding 2: Public Welfare
Approval of Zone Change 2013-143 will not create conditions materially
detrimental to the 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 on or to any of the affected parcels or
their physical environment, and will therefore have no effect on the health, safety,
and welfare of the community or the surrounding natural environment.
Finding 3: Land Use Compatibility
Zone Change 2013-143 is compatible with the zoning on adjacent properties, as
the intended uses for affordable residential housing on the affected sites were
considered during the land inventory review process conducted during preparation
and adoption of the La Quinta General Plan Housing Element. The zone change will
bring the property into conformance with La Quinta General Plan Housing Element
and will have no significant effect on adjacent land uses, existing or proposed.
Finding 4: Property Suitability
Zone Change 2013-143 is suitable and appropriate for the subject property, in that
the rezoning of the affected properties does not change land use designations, as
contemplated under the La Quinta General Plan. Further, the land use designations
under the 2035 La Quinta General Plan Update were not significantly altered from
Ordinance No. 513
Zone Change 2013-143
Adopted: June 18, 2013
Page 3
the 2002 La Quinta General Plan, which it replaced.
Finding 5: Changes in Circumstance
Approval of Zone Change 2013-143 is warranted because the situation and the
general conditions of the property have substantially changed since the existing
zoning was imposed. The relatively recent adoptions of the La Quinta General Plan,
and its Housing Element, have set forth several new programs and objectives
established to promote affordable housing, including the designation of the subject
properties as potential affordable housing sites at prescribed densities. This change
in conditions has prompted the need for the subject rezones, in order to maintain
consistency with the General Plan and the Housing Element.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning the
properties as depicted on the map attached hereto as Exhibit "A", and made a part
of this Ordinance.
SECTION 2. ENVIRONMENTAL: An initial study was conducted under
Environmental Assessment 2008-599 (SCH #2009091037) for the 2008 Housing
Element Update, and a Negative Declaration was certified by the La Quinta City
Council on August 2, 2011 (RES. No. 201 1-071). The Community Development
Director has determined that no changed circumstances or conditions exist which
would trigger the preparation of any subsequent environmental analysis, pursuant
to Public Resources Code Section 21166.
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 the City of La Quinta.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held this 18`h day of June 2013, by the following vote:
Ordinance No. 513
Zone Change 2013-143
Adopted: June 18, 2013
Page 4
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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SUSAN MAYSELS, C Clerk
City of La Quinta, California
(CITY SEAL)
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M. KATHERINE JENS' , City Attorney
City of La Quinta, California
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City of La Quinta, California
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June 4, 2013
Ordinance No. 513
Zone Change 2013-143
Adopted: June 18, 2013
Page 5
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE 1 ss.
CITY OF LA QUINTA 1
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. 513
which was introduced at a regular meeting on the 4th day of June, 2013, and was
adopted at a regular meeting held on the 18th day of June, 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. 2006-115.
SUSAN MAYSELS, C y Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the
certify that the foregoing ordinance was
Council Resolution.
y-�
SUSAN MAYSELS, CiVy Clerk
City of La Quinta, California
City of La Quinta, California, do hereby
posted on June 19, 2013, pursuant to