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CC Resolution 2013-056RESOLUTION NO. 2013-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING ZONE CHANGE 2013-144, FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR A 4.35 ACRE PARCEL CASE: ZONE CHANGE 2013-144 APPLICANT: HAMMER FAMILY TRUST WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of December, 2013, hold a duly noticed public hearing to consider the Planning Commission recommendation on Zone Change 2013 -144 for a request to amend the Official La Quinta Zoning Map designation, from Low Density Residential to Neighborhood Commercial, for a 4.35 acre property located at the southwest corner of Avenue 58 and Monroe Street, more particularly described as: APN: 764-180-006 WHEREAS, a public hearing notice was published in The Desert Sun newspaper on November 22, 2013 as prescribed by the Municipal Code; and, WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12th day of November, 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 recommend to the City Council denial of Zone Change 2013-144; and, WHEREAS, the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) do not apply to projects which are disapproved; and, WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, at said 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, pursuant to Section 9.220.010.E of the La Quinta Municipal Code, to deny said Zone Change: Resolution No. 2013-056 Zone Change 2013-144 Adopted: December 3, 2013 Page 2 Finding 1: Consistency with General Plan The zone change is inconsistent with Goals, Objectives and Policies of the La Quinta General Plan, as the purpose and intent of the zone change would be to bring the Official Zoning Map into compliance with the La Quinta General Plan, as proposed for amendment by General Plan Amendment 2013-126. Denial of General Plan Amendment 2013-126 thereby renders the zone change request inconsistent with the General Plan. Finding 2: Public Welfare Approval of the zone change 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 beyond what is permitted under the current residential zoning. 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. The conversion of 4.35 acres of residentially zoned land to commercial zoning will not significantly affect public welfare concerns. Finding 3: Land Use Compatibility The zone change is compatible with the zoning on adjacent properties, as the designation of the property as Neighborhood Commercial will have no effect on adjacent existing land uses in that it will be consistent with existing La Quinta Sphere of Influence (SOI) commercial land use designations to the east of the subject property. Further, the designation of the property as Neighborhood Commercial will, allow expanded opportunity for the provision of general convenience retail andl services to the surrounding residentially zoned areas. Finding 4: Property Suitability The zone change is suitable and appropriate for the subject property, in that the rezoning of the subject property to Neighborhood Commercial will facilitate commercial uses at a planned major intersection, and further the establishment of a concentrated commercial node at that location. Existing Imperial Irrigation District transmission lines and support poles on the site and in the area, along with current residential zoning restrictions which limit lot size to no less than 20,000 square feet, also reflect the site's suitability toward commercial development. Resolution No. 2013-056 Zone Change 2013-144 Adopted: December 3, 2013 Page 3 Finding 5: Changes in Circumstance Approval of the zone change is not currently warranted as the situation and the general conditions of the property have not substantially changed since the existing land use designation was imposed. No land use changes occurred in the area under the City's 2002 General Plan and no changes were proposed in the City's recently adopted 2035 General Plan. Several existing parcels in the surrounding area, designated for commercial development, continue to remain vacant. Given that no specific commercial development proposals have been brought forward in the vicinity of the subject property is also indicative that conditions in the area have not substantially changed over time. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case; SECTION 2. That the City Council does hereby deny Zone Change 2013-144, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of December, 2013, by the following vote: AYES: Council Members Evans, Franklin, Mayor Adolph NOES: Council Members Henderson, Osborne ABSENT: None ABSTAIN: None DON AD H, r City of La Quinta, California Resolution No. 2013-056 Zone Change 2013-144 Adopted: December 3, 2013 Page 4 ATTEST: SUSAN MAYSELS, City Mark City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M.' KATHERINE JIPMON, City Attorney City of La Quinta, California