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CC Resolution 2001-083 RESOLUTION NO. 2001-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #41 PREPARED FOR GENERAL PLAN AMENDMENT 2001-078, ZONE CHANGE 2001-101, SPECIFIC PLAN 121-E AMENDMENT #5, SITE DEVELOPMENT PERMIT 2001-703, AND TENTATIVE TRACT MAP 30125 CASE NO: EIR #41 ADDENDUM APPLICANT: KSL DEVELOPMENT CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did, on the 5th and 19th day of June, 2001 hold duly noticed Public Hearings to consider an Addendum to Environmental Impact Report #41 for General Plan Amendment 2001- 078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 located at the southeast corner of Avenue 50 and Eisenhower Drive, and more particularly described as follows: APN's 658-190-004, 773-020-033, 770-020-021, 773-020-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8th and 22nd days of May, 2001 hold duly noticed Public Hearings to consider an Addendum to Environmental impact Report #41 for General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 located at the southeast corner of Avenue 50 and Eisenhower Drive; and WHEREAS, said Addendum 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 determined that although the proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 301 25 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the Addendum and included in the Conditions of Approval; and, 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 certifying said Addendum: Re~olutlon No. 2001-83 KSL Development Corporation - EJR#41 Addendum June 19, 2OO1 P~ge 2 1. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by the Addendum. 2. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Addendum. 4. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 5. The proposed General Plan Amendment 2001-078, Zone Change 2001-101, Specific Plan 121-E Amendment #5, Site Development Permit 2001-703 and Tentative Tract Map 30125 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. Reeolution No. 2001 KSL Development Corporation - EIR#41 Addendum Jtme 19, 2001 Pa~ 3 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The City Council has considered the Addendum to Environmental Impact Report #41 and the Addendum reflects the independent judgement of the City. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of - the City Council for this Addendum. 2. That it does hereby certify this Addendum to Environmental Impact Report #41 for the reasons set forth in this Resolution and as stated in the Addendum attached hereto and made part of. 3. That the Addendum to Environmental Impact Report #41 reflects the independent judgement of the City. PASSED, APPROVED and ADO~I~D at a regular meeting of the La Quinta City Council held on this 19th day of June, 2001, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Mayor Peha NOES: Council Member Sniff ABSENT: None ABSTAIN: None JO ~PE~A~, ~ aver City of La Quinta, California Re~olufion No. 2001-83 KSL Development Corporation * EIR#41 Addendum Jur~ 19, 2001 Page 4 A'I-I'EST: J~~. G~I~EK, CMCi City Cl~r~-~ City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHER~~orney City of La Quinta, California ADDENDUM TO ENVIRONMENTAL IMPACT REPORT (CEQA GUIDELINE 15164) FOR SPECIFIC PLAN 121-E, AMENDMENT #5 GENERAL PLAN AMENDMENT NO. 2001-078, CHANGE OF ZONE NO. 2001-101, SITE DEVELOPMENT PERMIT 2001-703 AND TENTATIVE TRACT MAP 30125 Planning Commission Resolution 2001-080 Adopted May 22, 2001 City Council Resolution 2001- Adopted June 19, 2001 G:\WPDOCS\EIRAddKSL1 21 E.WPD 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 Environmental Impact Report //41 ("EIR") that the County of Riverside certified in 1975 for the La Quinta Resort Specific Plan, SP 121-E. The purpose of this Addendum is to document certain changes to the project which will be implemented through the following land use approvals: GENERAL PLAN AMENDMENT NO. 2001-78, AMENDMENT NO. 5 TO SPECIFIC PLAN 121-E, CHANGE OF ZONE NO. 2001-101, SITE DEVELOPMENT PERMIT 2001-70 AND TENTATIVE TRACT MAP 30125 These are collectively referred to as "the Revised Project." The Revised Project consists of 17.82 acres of the 622 acre project. Six acres of the Revised Project area is currently designated Tourist Commercial and the remaining 11 acres is designated as Low Density Residential. The Revised Project will convert currently vacant lands of which six acres os being used as interim employee parking areas to Iow density residential lots, and ancillary facilities including a clubhouse and associated amenities. The City has determined that the proposed residential development will be consistent with the density and character of the adjacent residential development, and will be consistent with the goals, policies, and objectives of the City's General Plan and Specific Plan 121-E, as amended. The Revised Project does not represent an increase in the total number of units allowed within the Specific Plan boundary. The Specific Plan "cap" on residential units remains 622 units in the Iow density residential category. The approvals requested include the following: 1. General Plan Amendment and Change of Zone to change the designation on six acres of the 17.82 acres from Tourist Commercial to Low Density Residential; 2. Specific Plan Amendment to incorporate the General plan Amendment and Zone Change above, and to expand the landscaping palette within the Specific Plan; 3. Site Development Permit to review the design of three residential unit types for the proposed homes within the same 17.82 acres; and 4. Tentative Tract Map to divide the 17.82 acres into 65 single family lots, a clubhouse lot, and a number of numbered lots for streets and common open space areas. The City has compared the impacts of the Revised Project with those impacts analyzed in the EIR and finds as follows: G:\WPDOCS\EIRAddKSL 121 E.WPD Aesthetics - Impacts no Hazards and Hazardous Public Services - greater than those Materials - Impacts no Impacts lower than 3reviously analyzed, greater than those those previously The previously previously analyzed, analyzed. The impacts approved Tourist associated with Tourist Commercial designation Commercial will be replaced with development would less dense housing, have been expected to The scale, height, and be greater than those mass will all be associated. reduced within this area as compared with the original project. The elimination of employee parking will be a beneficial impact for the area. Agriculture Resources- Hydrology and Water Recreation - Impacts no Not applicable Quality ~ Impacts lower greater than those than those previously 3reviously analyzed. analyzed. Tourist The Revised project will commercial development include on-site can be expected to clubhouse facilities, and generate an equivalent will be surrounded by amount of water usage golf course. The overall as residential number of residential development. The single units within the total family homes on the project will not increase. site, however, will Impacts to recreational create a lower facilities will no1 percentage of increase over those impervious surfaces, already analysed. which will result in more surface water percolation. G:\WPDOCS\EIRAddKSL121 E.WPD Air Quality - Impacts no ! Land Use Planning - Transportation/Traffic- greater than those Impacts no greater than Impacts less than those previously analyzed, those previously previously analyzed. The Although residential analyzed. The Revised single family units will i development generates Project is consistent not increase the total 'a high number of trips with the goals, policies number of units to be per unit, tourist and objectives of the constructed within the c o m m e r c i a I General Plan and the project, and will development is also a Specific Plan, and therefore not increase high trip generator, c o n t i n u e s t h e the number of residential Since the certification of development pattern trips to be generated by the original EIR, PMIO established in the the project at buildout. has become an issue of Specific Plan. concern in the Coachella The elimination of the Valley. The City requires tourist commercial the development of development will reduce PMIO management the overall number of )lans, which are trips to and from the reviewed and approved project at buildout. by the City Engineer prior to the issuance of building permits. The project proponent will be required to submit such a plan, which will ~rovide sufficient mitigation to assure that PMIO impacts are reduced to less than significant levels. The construction air quality impacts will be reduced for single family homes over those analyzed for tourist c o m m e r c ia development in the EIR since single family home construction disturbs less ground, is of shorter duration, and requires less equipment. G:\WPDOCS\EIRAddK SL1 21 E.WPD Biological Resources - Biological Resources, Utilities and Service impacts in addition to cont'd- Systems- Impacts less those previously The than those previously analyzed. Since Revised project also analyzed. The proposed certification of the was identified as residential units will original EIR, species of potential habitat for generate a lower need concern in the Coachella Coachella Valley Fringe- for utilities and service Valley have increased. A toed Lizard and !systems than preliminary biological Coachella Valley Milk development of a tourist resource analysis Vetch. Site surveys are commercial project on conducted for the being conducted, and six acres of the site. Revised Project the project proponent indicated the presence will be required to of a mesquite hummock conform to the on the site, which will mitigation measures be eliminated by the resulting from these construction of the studies. homes. Mesquite hummocks provide important habitat to a number of species of concern. In order to mitigate this potential impact, the following mitigation measure shall be implemented: Prior to construction or site preparation activities, the project developer shall enter into a Memorandum of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 1.1 acres of mesquite hummock habitat in the G:\WPDOCS\EIRAddKSL121 E.WPD Cultural Resources Mineral Resources - Not Population and Housing - Impacts no greater than applicable. Impacts less than those those previously previously analyzed. analyzed. The site has The change in and use been previously designation will reduce disturbed, and is not the potential number of expected to contain jobs to be generated by culturally significant the project overall, and resources. Should will not create a need for r e s o u r c e s b e additional housing, encountered during site grading and excavation, the project proponent shall cease all work on the site until an archaeological monitor has been retained. G:\WPDOCS\EIRAddKSL 1 21 E.WPD Geology and Soils Noise - Impacts have Impacts no greater than changed from those those previously ~reviously analyzed. A analyzed. The project noise impact analysis proponent shall be was prepared for the required to implement Revised Project. The the Uniform Building noise analysis identified Code for Zone Ill ~otential impacts to groundshaking zones, homes adjacent to both and shall be required to Avenue 50 and prepare site-specific Eisenhower Drive. In soils analysis prior to order to mitigate this issuance of building impact, the following permits, mitigation measures shall be implemented. 1. A 6 foot wall above a four foot berm shall be erected on both the Eisenhower Drive and Avenue 50 frontages of the Revised Project. - 2. Interior noise levels shall not exceed 45 dBA CNEL. 3.AIl construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 4. Construction staging areas shall be located as far from existing residentia development as possible. G:\WPDOCS\EIRAddKSL121 E.WPD The City finds that consideration of the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1. substantial changes to the project analyzed in the EIR 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 EIR 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 EIR substantially increase the severity of previously identified impacts. G:\WPDOCS\EIRAddKSL1 21 E.WPD