CC Resolution 2023-045 La Villeta at Avenue 58 - DenialCITY COUNCIL RESOLUTION 2023 — 045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT
2021-0001, ZONE CHANGE 2021-0001, CONDITIONAL USE PERMIT
2021-0002, AND TENTATIVE TRACT MAP 2021-0004 RELATING TO
LA VILLETTA AT AVENUE 58 A PLANNED UNIT DEVELOPMENT
CONSISTING OF 80 DWELLING UNITS LOCATED SOUTH OF
AVENUE 58 BETWEEN MADISON STREET AND MONROE STREET
CASE NUMBERS:
GENERAL PLAN AMENDMENT 2021-0001, ZONE CHANGE 2021-0001,
CONDITIONAL USE PERMIT 2021-0002, AND
TENTATIVE TRACT MAP 2021-0004
APPLICANT: ROYAL INVESTORS GROUP
WHEREAS, the City Council of the City of La Quinta, California did, on December
19, 2023, hold a duly noticed Public Hearing to consider a request by Royal Investors
Group for approval of a General Plan Amendment, Zone Change, Conditional Use Permit,
and Tentative Tract Map for an 80 -unit Planned Unit Development located south of
Avenue 58, between Madison Street and Monroe Street, more particularly described as:
Assessor Parcel Numbers: 764-180-002 and 764-180-003
WHEREAS, the City Council of the City of La Quinta, California, did, on September
19, 2023, previously hold a duly noticed Public Hearing to consider adoption of a Mitigated
Negative Declaration and approval of General Plan Amendment, Zone Change,
Conditional Use Permit and Tentative Tract Map; and
WHEREAS, upon hearing and considering all testimony and arguments, the City
Council did continue the public hearing held on September 19, 2023, to a date certain of
December 19, 2023, to give the applicant additional time to address the concerns
regarding the proposed density increase and electrical supply constraints; and
WHEREAS, the Design and Development Department published a public hearing
notice in The Desert Sun newspaper on August 28, 2023, as prescribed by the La Quinta
Municipal Code and State Planning and Zoning Law (Gov. Code, § 65000 et seq.). 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 did adopt Planning
Commission Resolution 2023-0010 to recommend to the City Council approval of the
General Plan Amendment, Zone Change, Conditional Use Permit and Tentative Tract
Map, by a vote of 5 in favor and 2 against, at a duly noticed Public Hearing on June 13,
City Council Resolution 2023-045
General Plan Amendment 2021-0001, Zone Change 2021-0001
Conditional Use Permit 2021-0002, Tentative Tract Map 2021-0004
Project: La Villetta at Avenue 58
Adopted: December 19, 2023
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2023, following public hearing notice issued in accordance with the La Quinta Municipal
Code and State Planning and Zoning Law; and
WHEREAS, said General Plan Amendment, Zone Change, Conditional Use
Permit, and Tentative Tract Map have complied with the requirements of "The Rules to
Implement the California Environmental Quality Act of 1970" (CEQA) as amended. The
City prepared a Mitigated Negative Declaration Report for Environmental Assessment
2021-0006; and
WHEREAS, the proposed 80 -unit Planned Unit Development (proposed housing
development) located south of Avenue 58, between Madison Street and Monroe Street
(site), as submitted by the applicant, is not consistent with the City's applicable, objective,
and current General Plan or Zoning Ordinance criteria, as of the date the application was
determined to be complete. Specifically, the current General Plan designates the site for
Low Density Residential (LDR) use, and the current zoning for the site is Low Density
Residential (RL), and the proposed housing development requires an amendment to the
General Plan to change the land use designation of the site to Medium and High Density
Residential (MHDR) and the zoning to Medium High Density Residential (RMH); and
WHEREAS, the City currently has a Housing Element, a mandatory element of the
City's General Plan, that has been certified by the California Department of Housing and
Community Development (HCD) as being in substantial compliance with the State
Planning and Zoning Law. Among other provisions determined to be in substantial
compliance with State Planning and Zoning Law, HCD has certified that the City's
inventory of sites meets or exceeds the City's requirement to accommodate the number
of units allocated under the Regional Housing Needs Assessment (RHNA) for the current
housing element cycle, which includes compliance with identifying sufficient sites to
accommodate the City's allocation of very low-, low-, and moderate -income housing units;
and
WHEREAS, the site of the proposed housing development is not included in the
City's inventory of sites within its Housing Element as being available for very low-, low-,
or moderate -income units and, as such, the site may remain designated for Low Density
Residential (LDR) use in the General Plan and may remain zoned Low Density
Residential (RL); and
WHEREAS, said General Plan Amendment and Zone Change are legislative acts
of the City Council (Gov. Code, §§ 65350 et seq., 65850 et seq.; Amel Dev. Co. v City of
Costa Mesa (1980) 28 Cal.3d 511, 514); and
WHEREAS, pursuant to Government Code section 65589.5(d) and any other
similar applicable provisions of the State Planning and Zoning Law, the City finds, based
on substantial evidence that has been submitted by the applicant for the proposed
City Council Resolution 2023-045
General Plan Amendment 2021-0001, Zone Change 2021-0001
Conditional Use Permit 2021-0002, Tentative Tract Map 2021-0004
Project: La Villetta at Avenue 58
Adopted: December 19, 2023
Page 3 of 6
housing development and all the information, documents, and testimony in the record for
this application and consideration thereof, that the proposed housing development may
be denied because, among other reasons: (1) the City has adopted its Housing Element
that has been certified by HCD in accordance with Government Code section 65588, and
the City has met or exceeded its share of the RHNA pursuant to Government Code
section 66584, and denial of the proposed housing development for this site has no
impact or effect on the Housing Element; and (2) the proposed housing development, as
proposed by the applicant, is inconsistent with the City's General Plan and Zoning
Ordinance as those existed at the time the application was determined to be complete,
and the City has adopted its Housing Element which has been certified by HCD in
accordance with Government Code section 65588; and
WHEREAS, pursuant to Government Code section 65863 (commonly referred to
as the state "No Net Loss Law") and any other similar applicable provisions of the State
Planning and Zoning Law, the City finds, based on substantial evidence that has been
submitted by the applicant for the proposed housing development and all the information,
documents, and testimony in the record for this application and consideration thereof, that
the proposed housing development may be denied and the City will still be in compliance
with the No Net Loss Law because the site is not listed on the inventory of sites in the
City's Housing Element; and
WHEREAS, pursuant to Government Code section 66300 et seq. (commonly
referred to as the Housing Crisis Act of 2019) and any other similar applicable provisions
of the State Planning and Zoning Law, the City finds, based on substantial evidence that
has been submitted by the applicant for the proposed housing development and all the
information, documents, and testimony in the record for this application and consideration
thereof, that the proposed housing development may be denied because such denial will
not result in a less intense use for the site, as the current designated uses within the City's
General Plan and Zoning Ordinance, which have been in effect since before January 1,
2018, will remain in place; and
WHEREAS, as permitted under Section 15270(a) of the CEQA Guidelines (14 Cal.
Code Regs. § 15000 et sec.) and Public Resources Code Section 21080(b)(5) of CEQA
(Pub. Res. Code, § 21000 et se_c..), the City finds that the project is Statutorily Exempt
from CEQA, insofar as the project is disapproved; and
General Plan Amendment 2021-0001
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 additional findings to justify denial of said General Plan Amendment:
City Council Resolution 2023-045
General Plan Amendment 2021-0001, Zone Change 2021-0001
Conditional Use Permit 2021-0002, Tentative Tract Map 2021-0004
Project: La Villetta at Avenue 58
Adopted: December 19, 2023
Page 4 of 6
1. Internal General Plan Consistency. General Plan Amendment 2019-0002 (GPA) is
not consistent with the following goals and policies of the General Plan, which are
not proposed to be amended, as follows:
GOAL LU -I Land use compatibility throughout the City.
Policy LU -1.2 All land use decisions shall be consistent with all applicable General Plan
policies and programs and shall uphold the rights and needs of property owners as well
as those of the general public.
Inconsistent — There are members of the public that have voiced concerns regarding the
density/intensity of the project. Their concerns are regarding the 2 -story component and
the limited amount of parking provided for the project. The surrounding communities are
planned for low density and this project does not fit within the existing character.
GOAL LU -3 Safe and identifiable neighborhoods that provide a sense of place.
Policy LU -3.1. Encourage the preservation of neighborhood character and assure a
consistent and compatible land use pattern.
Inconsistent - This is an area that since incorporation has been designated for low density
residential development. The project will negatively impact the character of the area and
will not be compatible with the land use pattern that exists around this property.
GOAL LU -4 Maintenance and protection of existing neighborhoods.
Policy LU -4.1 Encourage compatible development adjacent to existing neighborhoods
and infrastructure.
Inconsistent - This project introduces a project with a greater density into an existing low
density neighborhood. It is not compatible with the existing neighborhoods on the north,
east, and west, and requires additional Imperial Irrigation District (IID) infrastructure
beyond what would be necessary for traditional low density residential uses. This is not
consistent with this Goal or Policy.
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 does hereby deny General Plan Amendment 2021-
0001, for the reasons set forth in this Resolution.
City Council Resolution 2023-045
General Plan Amendment 2021-0001, Zone Change 2021-0001
Conditional Use Permit 2021-0002, Tentative Tract Map 2021-0004
Project: La Villetta at Avenue 58
Adopted: December 19, 2023
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SECTION 3. That, because the General Plan Amendment is denied, and based
on the Findings of the City Council as set forth above, Zone Change 2021-0001,
Conditional Use Permit 2021-0002, and Tentative Tract Map 2021-0004 are also denied,
as they are not consistent with the General Plan.
SECTION 4. That the City takes no action on the La Villetta at Avenue 58
Mitigated Negative Declaration, and finds that the proposed housing development is
statutorily exempt from the California Environmental Quality Act per Public Resources
Code 21080(b)(5) because the proposed project is being disapproved.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La
Quinta City Council, held on December 19, 2023, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
MONIKA RADEVA, tyJClerk
City of La Quinta, Cali ornia
LINDA EVANS, Mayor
City of La Quinta, California
City Council Resolution 2023-045
General Plan Amendment 2021-0001, Zone Change 2021-0001
Conditional Use Permit 2021-0002, Tentative Tract Map 2021-0004
Project: La Villetta at Avenue 58
Adopted: December 19, 2023
Page 6 of 6
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California