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CC Resolution 2013-055RESOLUTION NO. 2013-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 2013 -126, FROM LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, FOR A 4.35 ACRE PARCEL CASE: GENERAL PLAN AMENDMENT 2013-126 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 General Plan Amendment 2013 -126, a request to amend the La Quinta General Plan Land Use Map designation from Low Density Residential to General 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 General Plan Amendment and, after hearing and considering all testimony and arguments, did recommend to the City Council denial of General Plan Amendment 2013-26; 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, at said City Council public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings, pursuant to Section 9.230.020.B of the La Quinta Municipal Code, to deny said General Plan Amendment: Finding 1: Internal General Plan Consistency The proposed amendment is internally consistent with those goals, objectives and policies of the general plan, which are not being amended. Review of the City's General Plan found no applicable goals, policies or programs that were in conflict Resolution No 2013-055 General Plan Amendment 2013-126 Adopted: December 3, 2013 Page 2 with the proposed amendment. Finding 2: Public Welfare The proposed amendment will not create conditions materially detrimental to the public health, safety and general welfare in that the proposed amendment 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 land use. The proposed amendment 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 land use will not significantly affect public welfare concerns. Finding 3: General Plan Compatibility The proposed amendment from Low Density Residential to General Commercial is compatible with the designations on adjacent properties, in that the designation of the property as General Commercial 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 and services to the surrounding residentially designated areas. Finding 4: Property Suitability The proposed amendment from Low Density Residential to General Commercial is suitable and appropriate for the subject property, in that amendment of the subject property 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. Finding 5: Changes in Circumstance Approval of the amendment 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 Resolution No 2013-055 General Plan Amendment 2013-126 Adopted: December 3, 2013 Page 3 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 General Plan Amendment 2013 -126, 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 ADOLPH, N City of La Quinta, Resolution No 2013-055 General Plan Amendment 2013-126 Adopted: December 3, 2013 Page 4 ATTEST: �l SUSAN MAYSELS, City Jerk City of La Quinta, California (CITY SEAL) APPROVED AS FARM: W. KATHERINE JFPSON, City Attorney City of La Quinta, ✓California