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ORD 582ORDINANCE NO. 582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ZONING MAP FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL FOR ASSESSOR’S PARCEL NOS. 770-020-015 THROUGH 770-020-021 CASE NUMBER: ZONE CHANGE 2019-0002 APPLICANT: KAIDENCE GROUP WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of December, 2019, hold a duly noticed Public Hearing, to consider a request by Kaidence Group to amend the Zoning Map to Community Commercial for Assessor’s Parcel Nos. 770-020-015 through 770-020-021; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on November 22, 2019 as prescribed by the La Quinta Municipal Code (LQMC). Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California, held a duly notice Public Hearing on the 12th day of November, 2019, and after hearing and considering all testimony and arguments, if any, of all interested persons desiring to be hear, said Planning Commission adopted Planning Commission Resolution 2019-011 to recommend to the City Council adoption of said Zone Change; and WHEREAS, said Zone Change 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 project is consistent with the mitigated negative declaration approved on April 16, 1991, for Plot Plan 91- 456 and Environmental Assessment 91-187; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the LQMC to justify approval of said Zone Change from Neighborhood Commercial to Community Commercial: Ordinance No. 582 Zone Change 2019-0002; Project: Starbucks; La Quinta Village Commercial Center Adopted: December 17, 2019 Page 2 of 8 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City’s General Plan policies relating to General Commercial encourage a full range of commercial uses within the City, and the proposed use maintains those policies. The proposed project is consistent with the following Goals, Programs, and Policies:  Goal LU-6 and ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City and provide a broad range of goods and services to its residents and region. The Zone Change will allow for more options for the subject site to provide broader range of goods and services.  Program CIR-1.12.a: Locate land uses that provide jobs and housing near each other to allow the use of alternative modes of travel and produce shorter work commutes. The project will have access to existing adjacent Villa Cortina Apartments and Seasons residential development, providing an opportunity for jobs and housing near each other. Housing developments are also to the south, west and east of the project site.  Policy ED-1.2 as it will support and assist in the retention of existing businesses and the recruitment of new businesses. This proposal is for the retention of an existing Starbucks to construct a new building within the same shopping center. The Zone Change will allow for more uses within the center, opening up new opportunities for recruitment of new businesses. Drive- throughs are an attractive use in facilitating the recruitment of new businesses.  Policy ED-1.3 as it will encourage the expansion of the Village as a specialty retail, dining and residential destination. The project site is located within the Village Build Out Plan, and the zone change allows the subject site to have more uses consistent with Village Commercial district, enhancing the Village area as a specialty retail, dining and residential destination.  Policy ED-1.5 which states projects proposed on commercial land shall be evaluated for their job creating and revenue generating potential. This project will allow for more options for the subject site to allow for more job and revenue opportunities. Ordinance No. 582 Zone Change 2019-0002; Project: Starbucks; La Quinta Village Commercial Center Adopted: December 17, 2019 Page 3 of 8 2. Public Welfare Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility The new zoning is compatible with the zoning on adjacent properties. The project site is located within the Village Build Out Plan, and the zone change allows the subject site to have more uses consistent with the surrounding Village Commercial district. The new zoning district is intended to meet the needs of a multi-neighborhood area. The project site is located in an area that does serve multiple neighborhoods as it abuts existing apartment developments, is in close proximity to the Cove, residential homes east of Washington Street, residential communities on the intersection of Washington Street and Avenue 50, and residential communities north and south of Avenue 52, including future residential community at SilverRock. The property would be similar in purpose and size to other Community Commercial sites throughout the City. 4. Property Suitability The new zoning is suitable and appropriate for the subject property. The project site is located within the Village Build Out Plan, and the zone change allows the subject site to have more uses consistent with the surrounding Village Commercial district. The new zoning district is intended to meet the needs of a multi-neighborhood area. The project site is located in an area that does serve multiple neighborhoods as it abuts existing apartment developments, is in close proximity to the Cove, residential homes east of Washington Street, residential communities on the intersection of Washington Street and Avenue 50, and residential communities north and south of Avenue 52, including future residential community at SilverRock. The property would be similar in purpose and size to other Community Commercial sites throughout the City. 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. The existing zoning was imposed in 1991. Since that time, the areas surrounding the subject site have developed into multiple residential neighborhoods and the nearby Village Commercial district has developed. The project site is located within the Village Build Out Plan, and the zone change allows the subject site to have more uses consistent with the surrounding Village Commercial Ordinance No. 582 Zone Change 2019-0002; Project: Starbucks; La Quinta Village Commercial Center Adopted: December 17, 2019 Page 4 of 8 district. The new zoning district is intended to meet the needs of a multi- neighborhood area, whereas the current zoning district is intended to serve a singular neighborhood area. The project site is located in an area that does serve multiple neighborhoods as it is in close proximity to the Cove, residential homes east of Washington Street, residential communities on the intersection of Washington Street and Avenue 50, and residential communities north and south of Avenue 52, including future residential community at SilverRock. The property would be similar in purpose and size to other Community Commercial sites throughout the City. NOW, THEREFORE, by the City Council of the City of La Quinta, does ordain as follows: SECTION 1. That the above recitals are true and correct, constitute the Findings of the City Council for this project, and incorporated herein. SECTION 2. That City Council finds this project consistent with Environmental Assessment 91-187. SECTION 3. That it does hereby approve Zone Change 2019-0002, as depicted in Exhibit “A,” incorporated herewith by this reference, for the reasons set forth in this Ordinance. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. 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 permanent record of Ordinances of the City of La Quinta. SECTION 6. That the City Council does hereby grant the City Clerk the ability to make minor amendments to Exhibit “A” to ensure consistency of zone change prior to publication. 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 Ordinance No. 582 Zone Change 2019-0002; Project: Starbucks; La Quinta Village Commercial Center Adopted: December 17, 2019 Page 7 of 8 ZONE CHANGE 2019-0002 Current zoning designation: Proposed zoning designation: Neighborhood Commercial Community Commercial EXHIBIT A