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CC Resolution 2001-022RESOLUTION NO. 2001-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 99-386 PREPARED FOR TENTATIVE TRACT MAP 29436 CASE NO: ADDENDUM TO ENVIRONMENTAL ASSESSMENT 99-386 APPLICANT: U.S. HOME CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 201" day of March 2001, hold a duly noticed Public Meeting to consider an Addendum to Environmental Assessment 99-386 ( Exhibit A) for Tentative Tract Map 29436;and, WHEREAS, said request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Addendum to Environmental Assessment 99-386 pursuant to CEQA Guidelines 15164; and, WHEREAS, the further delineation of the mitigation measure does not call for the preparation of a subsequent Environmental Assessment pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that it does not involve: (1) substantial changes to the project analyzed in the Mitigated Negative Declaration which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Mitigated Negative Declaration substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the Mitigated Negative Declaration substantially increase the severity of previously identified impacts. WHEREAS, on JUly 51h, 2000, the La Quinta City Council certified the Environmental Assessment for Tract 29436 (Resolution 2000-087) encompassing 75.86 acres, which allows for 169 single family residential lots and amenity lots. WHEREAS, the approved project involves the further delineation of a mitigation measure involving jurisdictional waters requested by the California Department of Fish and Game. Resolution No. 2001-22 Addendum to Environmental Assessment 99-396 March 20, 2001 Page 2 WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of said Addendum: 1 . The proposed further delineation of the mitigation measure for the Tentative Tract will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards. The project does not have the potential to eliminate an important example of California prehistory, as extensive archaeological investigations of the site have been conducted as part of the project to implement appropriate mitigation alternatives. 2. The proposed further delineation of the mitigation measure for the Tentative Tract will not have impacts which are individually limited, but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that the proposed project is undertaken pursuant to a Mitigated Negative Declaration that has been certified. 3. The proposed further delineation of the mitigation measure for the Tentative Tract will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates no substantive changes, and previously addressed in the certified Mitigated Negative Declaration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the recitations are true and correct and constitute the findings of the City Council for this Addendum to Environmental Assessment 99-386. 2. That it does hereby approve an Addendum to Environmental Assessment 99- 386 in that further delineation of the mitigation measures are minor in nature and do not require the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21166 and there are no new circumstances which would require the preparation of a subsequent Environmental Assessment and there is no new information or change in circumstances which would require the preparation of a subsequent Environmental Assessment. Resolution No. 2001-22 Addendum to Environmental Assessment 99-386 March 20, 2001 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of March, 2001, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOFWJVPEF4ALhAayor City of La Quinta, California ATTEST: J . GREEK, CMC, I y Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATH RINE JENS ,City Attorney City of La Quinta, California RESOLUTION NO. 2001-22 ADDENDUM TO ENVIRONMENTAL ASSESSMENT 99-386 (CEQA GUIDELNE 15164 - TENTATIVE TRACT MAP 29436) US HOME CORPORATION MARCH 20, 2001 The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to the Environmental Assessment that the City prepared and certified in 2000 for Tentative Tract Map 29436. The City Council certified the Negative Declaration, in Resolution No. 2000- 087. The purpose of this Addendum is to document and delineate a certain mitigation measure for the project which will be implemented through the following land use approval: TENTATIVE TRACT MAP 29436 This is referred to as "the Project." The initial Negative Declaration and related mitigation measures were adopted without a specific mitigation measure for the instance that The Project might require a permit from the State of California Department of Fish and Game to allow disturbance of waters under the jurisdiction of the State. The Negative Declaration cited that the project proponent, if required by the State, should obtain a Section 1603 Agreement from CDFG and comply with any additional conditions imposed in the Agreement or Permit. The project proponent has met with a representative of the CDFG and has agreed that .07 acres of the site are considered to be under the jurisdiction of the State of California and has agreed to the following mitigation measure: That the jurisdictional area will be replaced on -site at a minimum of a 1 to 1 ratio. The area involved is a seasonal wash and the replacement area will be part of the project's drainage system involving dry and wet streambeds as well as the lake area. The City has compared the impacts of the specified mitigation measure for the Project with those impacts analyzed in the Negative Declaration and finds as follows: Biological Resources - Impacts no greater than those previously analyzed. The further delineation of the mitigation measure will have the same level of impacts on biology as the original mitigation measure analyzed in the Negative Declaration. Mitigation Measure has been specified in detail. The City finds that consideration of further delineation of the mitigation measure does not call for the preparation of a subsequent EA pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that it does not involve: (1) substantial changes to the project analyzed in the EA (Negative Declaration) that would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EA substantially increase the severity of previously identified impacts; or (3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EA substantially increase the severity of previously identified impacts. Page 2