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ORD 573ORDINANCE NO. 573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ZONING DESIGNATION FOR A PORTION OF ASSESSOR'S PARCEL NUMBERS 600-340-049, 600-340-0501, 600-340-051 and 600-340-052 (CENTRE AT LA QUINTA) WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of July 2018, hold a duly noticed public hearing for review of a City -initiated request for Zone Change 2017-0001 to amend the zoning designation for Assessor's Parcel Numbers 600-340-049, 600-340-050, 600- 340-051 and 600-340-052; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on June 12, 2018, adopt Planning Commission Resolution 2018-007 to recommend to the City Council adoption of said Zone Change; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on June 221 2018, as prescribed by the Municipal Code; and WHEREAS, said Zoning Map Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed Zone Change could have an impact on the environment, but that the mitigation measures contained in the Initial Study prepared under EA 2017-0009 will reduce all impacts to less than significant levels, and a Mitigated Negative Declaration is proposed; and WHEREAS, the proposed Zone Change is necessary to uphold the rights and needs of property owners and the public, encourage the preservation of neighborhood character, and consider changes in market demand to meet the needs of current and future residents in the City of La Quinta; and WHEREAS, the proposed zoning map amendment is necessary to implement the General Plan 2035 adopted by the City Council at their regular meeting on February 19, 2013, as amended by General Plan Amendment 2017-0001; and Ordinance No. 573 Zone Change 2017-0001 The Centre at La Quinta Adopted: July 17, 2018 Page 2 of 6 WHEREAS, at said 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 to justify adoption of said Zone Change: 1. Consistency with General Plan. The zone map change is consistent with the goals, objectives and policies of the general plan relating to the provision of a mix of land uses, and flexibility to allow changes in market conditions. 2. Public Welfare. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare. Impacts to residents associated with noise, traffic and air quality have been reduced to less than significant levels through the imposition of mitigation measures contained in EA 2017-0009. 3. Land Use Compatibility. The new zoning is compatible with the zoning on adjacent properties, insofar as it will create a buffer between the Low Density zone to the west, and the Regional Commercial zone to the east. 4. Property Suitability. The new zoning is suitable and appropriate for the subject property, insofar as the land is flat and appropriate for residential development. 5. Change in Circumstances. Approval of the zone map change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed, insofar as commercial markets are changing, and may not support such a use on the project site in the future. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. The Official Zoning Map of the City of La Quinta shall be amended as shown in "Exhibit A" attached hereto. SECTION 2. The proposed Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of Ordinance No. 573 Zone Change 2017-0001 The Centre at La Quinta Adopted: July 17, 2018 Page 3 of 6 1970" (CEQA) as amended (Resolution 83-63). An Initial Study was prepared for EA 2017-0009, and a Mitigated Negative Declaration has been approved. SECTION 3. That the City Council does hereby approve Zone Change 2017-0001, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. 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. SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 17th day of July, 2018 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None Ordinance No. 573 Zone Change 2017-0001 The Centre at La Quinta Adopted: July 17, 2018 Page 4 of 6 LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEVA,IActin ity Clerk City of La Quinta, Cali_ is (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IH KE, City Attorney City of La Quinta, California Ordinance No. 573 Zone Change 2017-0001 The Centre at La Quinta Adopted: July 17, 2018 Page 5 of 6 LEGEND EXHIBIT A THE CENTRE AT LA QUINTA ZONE CHANGE 2017-0001 H1GHWA y CR - (REGIONAL COMMERCIAL) RM - (MEDIUM DENSITY RESIDENTIAL) PROPOSED ZONING Figure 1- 2 Ordinance No. 573 Zone Change 2017-0001 The Centre at La Quinta Adopted: July 17, 2018 Page 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, Acting 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. 573 which was introduced at a regular meeting on the 3rd day of July, 2018, and was adopted at a regular meeting held on the 17th day of July, 2018, 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 the Rules of Procedure adopted by City Council Resolution No. 2015-023. MONIKA RADEVAf, Actir /City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, Acting City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on July 19, 2018, pursuant to Council Resolution. MONIKA RADEVA, 1ictir§Vtity Clerk City of La Quinta, California