PCRES 2008-015PLANNING COMMISSION RESOLUTION 2008-015
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL FINDINGS REGARDING THE DRAFT
ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE #2007021060) PREPARED FOR
TENTATIVE TRACT MAP 33848
CASE NO.: ENVIRONMENTAL IMPACT REPORT 2005-560
APPLICANT: DAVID MAMAN DESIGNS
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 27`h day of May, 2008 hold a duly noticed Public Hearing to consider a
request by David Mamen Designs to recommend adoption of Environmental Impact
Report 2005-560, prepared for Tentative Tract Map 33848, located on the south side
of Avenue 58 approximately 510 feet west of Monroe Street, more particularly
described as:
NE1/4 OF THE NE'% OF SECTION 27, T6S, R7E, SBM; APN: 764-180-003
WHEREAS, it was determined pursuant to California Environmental Quality
Act of 1970 ("CEQA"), (Public Resources Code § 21000, at seq.); and the CEQA Guidelines
(14 Cal. Code of Regs. Sections 15000 et seq.) that the Project could have a
significant effect on the environment, and thus warranted the preparation of an
Environmental Impact Report ("EIR"); and
WHEREAS, on the 141h day of February, 2007, the City of La Quinta, as
lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the
Environmental Impact Report; mailed that NOP to public agencies, organizations, and
persons likely to be interested in the potential impacts of the proposed Project; and
WHEREAS, the City thereafter caused to be prepared a Draft
Environmental Impact Report ("DEIR"), which, taking into account the comments it
received on the NOP, described the Project and discussed the environmental impacts
resulting therefrom, and on the 4th day of April, 2008, circulated the DEIR for public
and agency comments; and
WHEREAS, the Historic Preservation Commission, at their meeting held on
the 15th, day of June, 2006, reviewed the paleontological resources survey for the
project, identified as Appendix H within the DEIR, and adopted Minute Motion 2006-
008, recommending approval of the paleontological resources survey to the Planning
Commission, subject to, staff -recommended conditions; and
0 FILENAME \p P:\Reports - PC\2008\5-27-08\TT 33848 Maman\EA PC Reso TT 33848.docu
Planning Commission Resolution 2008-015
Environmental Assessment 2005-560
Tentative Tract 33848
May 27, 2008
WHEREAS, the Historic Preservation Commission, at their meeting held on
the 17" day of April, 2008, reviewed the Draft Environmental Impact Report and
cultural resource survey, identified as Appendix C within the DEIR, and adopted Minute
Motion 2008-01 1, recommending approval of the cultural resource survey to the
Planning Commission, subject to staff -recommended conditions; and
WHEREAS, a DEIR has been prepared and circulated, pursuant to the
requirements of the California Environmental Quality Act of 1970 (hereinafter
"CEQA"), as amended (Public Resources Code '21000, at seq.); and
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said Planning Commission did find
the following facts, findings, and reasons to justify recommending to the City Council
adoption of said Draft Environmental Impact Report:
Finding A: Public Health, Safety, and Welfare
The proposed application 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 Environmental Impact Report 2005-560.
Finding B: Wildlife, Habitat, and Natural Resources
Development of the proposed project site has the potential to impact burrowing owls
and seasonal migratory birds. However, mitigation measures included in the project
approval will reduce any potential impacts to less than significant levels. These
required mitigation measures include a biological survey of the project site to be
conducted prior to any groundbreaking activity in order to identify and mitigate any
potential impacts on seasonal migratory birds and burrowing owls.
Development of the proposed project 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, or
reduce the number or restrict the range of rare or endangered plants or animals, either
indirectly, or directly, in that no significant unmitigated impacts were identified by
Environmental Impact Report 2005-560.
Finding C: Historic, Cultural, and Paleontological Resources
Due to the potential to impact cultural and paleontological resources, the project has
Planning Commission Resolution 2008-015
Environmental Assessment 2005-560
Tentative Tract 33848
May 27, 2008
been conditioned to require qualified on -site archaeological and paleontological
monitors during all ground breaking activities, one of which shall include a Native
American tribal member, empowered to stop and redirect earth moving activities as
necessary to identify, study, and catalogue any identified resource. As a result, these
mitigation measures included in the project approval will reduce the potential impacts
to less than significant levels.
Although development of the project has the potential to significantly impact an
example of the major periods of California history or prehistory, an identified historic
resource consisting of an adobe house, the Environmental Impact Report has analyzed
the history, composition, and condition of the adobe house and has determined that
any impacts resulting from the loss of the historic resource can be mitigated through a
detailed HABS/HEIR documentation and recordation process, thus reducing the
potential significant impacts to less than significant levels.
Finding D: Air Quality
The proposed project will not have environmental effects that will adversely affect the
human population, either directly or indirectly. The proposed project does not have the
potential to adversely affect human beings, due to air quality and noise impacts.
Finding E: Geotechnical Hazards
As the Environmental Impact Report has identified the potential for liquefaction on the
project site during an earthquake, the proposed project has the potential to experience
a potentially significant impact. However, with the mitigation measures requiring all
structures constructed on the site to comply with rigid mat or grade -beam reinforced
foundations, any potential impacts from liquefaction will be reduced to less than
significant levels.
Finding F: Hazards and Toxic Materials
The existing structure and surrounding property may contain lead -based paints,
asbestos particles, or residual fertilizers or pesticides, which have been identified in the
Environmental Impact Report as potentially significant impacts which require
mitigation. As a result, the project has been conditioned to prepare a Phase I
Environmental Assessment, thus reducing the potential significant impacts to less than
significant levels.
Planning Commission Resolution 2008-015
Environmental Assessment 2005-560
Tentative Tract 33848
May 27, 2008
Finding G: Consistency with the General Plan
The proposed project does not have the potential to achieve short-term environmental
goals, to the disadvantage of long-term environmental goals, as the proposed project
supports the long term goals of the General Plan by providing a variety of housing
opportunities for City residents. The project is consistent with the General Plan.
Finding H: Cumulative Impacts
The proposed project 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. No significant potential effects on environmental
factors which cannot be adequately mitigated have been identified by Environmental
Impact Report 2005-560.
I: Consideration of the Entire Record
The Planning Commission has read and considered the Draft Environmental Impact
Report, and finds that based upon the information which is currently available to it, the
Planning Commission has determined that the content of the DEIR complies with
Article 9 of the CEQA Guidelines, Sections 15120 through 15131, and further finds
that the DEIR reflects the City's independent judgment. Based upon the information
presented to the Planning Commission, the Planning Commission finds that with
respect to content and processing, the DEIR has been prepared in compliance with
CEQA and the State and local CEQA Guidelines. The Planning Commission further
certifies that the DEIR was presented to the Planning Commission, and that the
Planning Commission reviewed and considered the information contained in it prior to
making its recommendations to the City Council regarding the Project.
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).
The location and custodian of the City's records relating to this project is the Planning
Department located at 78-495 Calle Tampico, La Quinta, California.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
Planning Commission Resolution 2008-015
Environmental Assessment 2005-560
Tentative Tract 33848
May 27, 2008
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission for this Draft Environmental Impact Report.
2. That it does hereby recommend to the City Council adoption of Environmental
Impact Report 2005-560 for the reasons set forth in this Resolution and as
stated in the Environmental Assessment Checklist and Mitigation Monitoring
Program, attached and on file in the Planning Department.
3. That Environmental Impact Report 2005-560 reflects the independent judgment
of the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 27' day of May, 2008, by the following vote to wit:
AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
J"SON, Planning Director
of La Quinta, California
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