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PCRES 1995-008PLANNING COMMISSION RESOLUTION 95-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 94-025 AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT 1S IMPLEMENTED SPECIFIC PLAN 94.025 - CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT (GREEN) WHEREAS, Winchester Asset Management has proposed a Specific Plan on 331.0 acres, consisting of 277 resort dwelling units on 94 acres, and 231.2 acres of open space; and, WHEREAS, an Environmental Impact Report (hereinafter "EHt") has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970; and, WHEREAS, it is the policy of the State of California and the City of La Quints, In accordance with the provisions of California Environmental Quality Act of 1970 (hereinafter CEQA), as amended (Public Resources Code, Section 21000 et seq.), that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.), that the City shall balance the benefits of a proposed project against its unavoidable environmental risks prior to project approval; meaning that if the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable; and, WHEREAS, the Planning Commission of the City of La Quinta has read and considered all environmental documentation comprising the EK has found that the EIR considers all potentially significant environmental impacts of the proposed project, is complete and adequate, and fully compiles with all requirements of CEQA, the State Guidelines for implementation; and, WHEREAS, the Planning Commission has reviewed and considered certain overriding considerations to adverse impacts, the CEQA Findings and Statements of Facts; and, RESOPC.146 Planning Commission Resolution 95-011 WHEREAS, prior to action on the project, the Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and, WHEREAS, Section 15093(b) requires, where the recommendation of the Planning Commission allows the occurrences of significant effects which are identified in the FEIR but are not adequately mitigated, the City must state in writing the reasons to support its action based on the FEIR and/or other information In the record; and, WHEREAS, CEQA and the State CEU Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of La Quinta, California, does hereby recommend to the City Council certification of the FEIR for Specific Plan 94.025 as adequate and complete. BE IT FURTHER RESOLVED that the Planning Commission of the City of La Quinta, California, in addition to findings made in the body of the Final EIR, recommends to the City Council that the Statements of Overriding Considerations as shown on attached Exhibit "A" entitled "Statement of Overriding Considerations", which is incorporated herein as though set forth at length. BE IT FURTHER RESOLVED that the Planning Commission of the City of La Quinta, California, recommends to the City Council adoption of the CEQA Findings and Statement of Facts as shown on attached Exhibit "B" entitled "CEQA Findings and Statement of Fact", which is incorporated herein as though set forth at length. APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 28th day of March,1995. AYES: Commissioners Abels, Anderson, Barrows, Butler, Gardner, Newkirk, and Chairman Adolph NOES: None ABSENT: None ABSTAIN: None RESOPC.146 Planning Commission Resolution 95-011 ATTEST: California Development Director DON ADOLPk ChaiKan City of La Quinta, California RESOPC.196 Green EXHIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS 1. implementation of the project will indirectly result in the elimination of the negative impacts associated with vacant property in favor of a quality housing development. 2. The proposed project is necessary to enhance the quality of life in the project area sought as essential and beneficial In attracting new residents, business, and visitors to La Quinta, and generally promoting increased investment and return on property values. 3. Impacts identified as significant from project implementation are generally associated with normal growth, progress, and prosperity. 4. The project will be instrumental in causing new area -wide public facilities to be constructed, which will benefit both existing development and other future adjacent development. 5. Specific plan project implementation will ultimately create new jobs for facilities construction, future development construction, the provision of public services for a larger population base, and to staff new business and operations associated with the specific plan. 6. Improvements to local roadways will occur that will increase vehicular efficiency and local access. The City's economic base will be enhanced through revenues derived from increased sales, taxes, business licenses, and other fees, taxes, and exactions from new development. 8. The proposed project is more restrictive in its development density than what would have been permitted when the project site was under County jurisdiction. DOCLC.050 GREEN EXHIBIT "B" CEQA FINDINGS AND STATEMENT OF FACTS The California Environmental Quality Act (CEQA) and the State CECA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of the significant effects, accompanied by a Statement of Facts supporting each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091) of the Guidelines). Because the proposed Specific Plan 94-025 constitutes a project under CEQA and the Guidelines, the Planning Commission of the City of La Quinta has required an Environmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with is project and other past, present, and reasonably foreseeable future projects. Further, the Planning Commission recommends approval of this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth herein are made: Through preparation of the Initial Study (Environmental Checklist form), the City identified that implementation of the project would not have any significant adverse impacts on human health. This conclusion is based on the following: Human Health: The project proposes the development of residential units and open space. Earth There are no unique geologic or physical features on the areas to be developed. The project is not near a river or stream or other body of water. Air: The project will not alter the climate, either locally or regionally. DOCLC.014 GREEN Water There are no bodies of water on the site. The project will not alter the direction or rate of flow of ground waters. There will not be a substantial reduction in public water supplies. Flooding hazards are not anticipated for the project area. Biological Resources There will be no reduction in agricultural lands. Noise People will not be exposed to severe noise levels. Risk of Upset The risk of explosion or release of a hazardous substance is not anticipated by this residential development. Population The Green project will not alter the existing human population in the area. HousinLr The project will not effect existing housing as the site is vacant. Transportation/ Circulation The project will have no effect on water -borne rail or air traffic as there is none on the site. Public Services There are no unanticipated impacts upon undesignated governmental services by this residential project. Ener The project will not require the consumption of substantial amounts of fuel or energy for either construction or on -going operation. There will not be a substantial increase in demand upon existing sources of energy. Cultural Resources There were no cultural resources observed on the project site during the archaeological survey of the property. DOCLC.014 EXHIBIT "C" SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED LAND USE: The Green Specific Plan proposes land uses that will require the following General Plan designation: Very Low Density Residential, Low Density Residential, Medium Density Residential, and Open Space. This project would not be consistent with the existing Open Space land use designation or the existing H•C (Hillside Conservation) zoning designation of 1 dwelling unit per 10 acres. This is considered a significant impact. The project proposes 277 resort single family homes on 94.1 acres, with densities ranging from 1.0 to 4.0 per acre. The Green project will result in a significant cumulative land use impact as the projects do not meet all of the goals and policies of the General Plan. ndin : 1. The proposed project is not consistent with the goals and policies of the General Plan for the City of La Quinta. 2. The required general plan amendment will mitigate land use inconsistencies. 3. The conversion of open space to urban uses will remain a significant impact. 4. The unavoidable significant effect is acceptable when balanced against the facts set forth on the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. AIR QUALITY: The primary impacts to air quality associated with the Green project implementation will occur from vehicular -related emissions. Indirect impacts will occur from stationary sources, including increased electrical demand requiring combustion in power plants. The project air quality analysis indicates that the thresholds for NO2 and PMIO will be exceeded during the construction phases of the project and is therefore significant. Findin : 1. The proposed project will result in significant short term impacts to air quality. 2. Mitigation measures have been required for the project which will partially mitigate to the extent feasible the significant impacts. DOCLC.048 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. WATER RESOURCES: The proposed Green Specific Plan will contribute to cumulative impacts which remain significant after project -specific mitigation. The impacts to the groundwater supply due to the overdraft state of the lower aquifer is considered significant. Potential groundwater degradation could occur due to the creation of new wells drilled through non -potable water sources, urban runoff, and pesticides and fertilizers applied to landscape areas. This is considered a significant impact. Cumulative impacts to which this project will contribute to will result in reductions in the existing underground water supply which is currently in a state of overdraft, and will require further dependence on out-of-state water supplies with the addition of the Green Specific Plan. Impacts to the water supply of the Coachella Valley are considered cumulatively significant. FlndinEs: The proposed project will result in cumulative water impacts on the water supply in the Coachella Valley. 2. Cumulative impacts remain significant due to the Coachella Valley's dry climate, exhaustible water supply, and increased dependency on imported water. 3. Potentially significant site disturbance impacts remain due to the unknown off site well and reservoir locations required by the proposed project. 4. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations. giving weight to the remaining unavoidable significant effect. BIOLOGY: The Green project would develop approximately 100 acres of the total 331-acre site. The loss of 100 acres of natural habitat in the Coachella Valley is considered significant. Specific impacts to individual sensitive species including the removal of barrel cactus are considered significant. This project would eliminate habitat for on -site wildlife species, which are not considered sensitive species. However, this is considered a significant impact. The sensitive wildlife species on the Green site would be lost. The project would cause stress and disturbance to off -site bighorn sheep as a result of site preparation, construction, light, glare, noise, hikers, and domestic animals. This is considered a significant impact. No impacts to the desert tortoise would result from development on the Green site, since no evidence of the species could be found on the project site. Sensitive bat species are considered likely to occupy rock overhangs or crevices on the hills and forage within the project site. This is a significant impact. DOCU.048 The proposed project has the potential to impact the blueline stream course on -site due to construction activities. This is a significant impact. The incremental loss of Sonoran Creosote Bush Scrub and Desert Dry woodland plant and animal communities within the Coachella Valley are considered cumulatively significant and unavoidable. Flndin s: 1. The taldng of sensitive plants is reduced by mitigation but remain significant after mitigation. 2. The loss of natural habitat on -site is considered significant and unavoidable impact. 3. Impacts to sensitive wildlife species present on -site have been reduced but remain significant after mitigation. 4. Impacts to sensitive bat species can be lessened by implementation of the Habitat Conservation Plan but remains significant after mitigation. 5. The incremental loss of natural habitat remains cumulatively significant and unavoidable. 6. The incremental loss of the Sonoran Creosote Bush Scrub and Desert Dry woodland plant and animal communities within the Coachella Valley are considered cumulatively significant and unavoidable. 7. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. PUBLIC SERVICES AND UTILITIES: Schools: The Green Specific Plan will have a significant impact upon the local schools. Students generated by the proposed project will add to the existing and anticipated overcrowded conditions at the schools that will serve the site. Additional travel -related costs will be incurred by the Coachella Valley Unified School District as a result of the increased traveling time and mileage associated with the project development. Cumulative impacts upon school facilities will result due to the existing state of overcrowding and the future increase of students generated by this and other projects. Findin : 1. The proposed project will have a significant impact upon local school facilities. 2. Mitigation measures have been provided to reduce impacts to the extent feasible. 3. Project specific and cumulative impacts remain significant. DOCLC.048 ElectridW Implementation of the Green Specific Plan will not result in a significant impact to electricity services. However, the proposed project in conjunction with the cumulative projects will result in a significant cumulative impact to electricity services. Findings: 1. Cumulative impacts remain significant on a growth inducing level. 2. The remaining unavoidable significant effect is acceptable when balanced against facts in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect Gas: Implementation of the Green Specific Plan will result in an increase in demand for gas services. This project will have a significant cumulative impact on a growth inducing level. Fin 'n s: 1. Cumulative impacts remain significant on a growth inducing level. 2. Mitigation measures have been incorporated into this project which will partially mitigate to the extent feasible. 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effects. Solid waste: The Green project will represent a significant increase in solid waste at the cumulative level. Findings: 1. Mitigation measures will be incorporated into the proposed project that will partially mitigate significant impacts to the extent feasible. 2. Cumulative impacts remain significant. 3. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations, giving weight to the remaining unavoidable significant effect. DOCLC.048