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PCRES 1996-004PLANNING COMMISSION RESOLUTION 96-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMEN'T' 96- 311 PREPARED FOR CONDITIONAL USE PERMIT 96- 023 AND PLOT PLAN 96-571 FOR USA PROPERTIES ENVIRONMENTAL ASSESSMENT 96-311 VILLA LA QUINTA APARTMENTS WHEREAS, the Planning Commission of the City of La Quinta., California, did on the 10th day of October, 1995, hold a duly noticed Public Hearing to consider Conditional Use Permit 95-021 and Plot Plan 95-564, for the Villa La Quinta Apartment; and, WHEREAS, the Planning Commission on October 10, 1995, found reasons to continue the project to October 24, 1995; and, WHEREAS, the Planning Commission did on October 24, 1995, consider additional testimony on the project; and WHEREAS, the Planning Commission did, on October 24, 1995, find reasons to deny the applicant's original environmental assessment (EA 95-309), along with Conditional lJse Permit 95-021 and Plot Plan 95-564; and, WHEREAS, USA Properties appealed the Planning Commission's denial of ]EA 95-309 and requested that their appeal be heard by the City Council on December 5, 1995; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 5th and 19th days of December, 1995, hold duly noticed Public Hearings to consider the appeal of USA Properties to develop a 128-unit affordable apartment complex on 11.6 acres on the west side of Washington Street, 700-feet north of Calle Tampico; and, WIlEREAS, the City Council of the City of La Quinta, California, did, on Detzmber 19, 1995, remand the Use Permit and Plot Plan back to the Planning Commission for further study; and, RFSOPC.173 Planning Commission Resolution 96-004 WHEREAS, the applicant has revised the application under a new submittal, incorporating 116 units, as Conditional Use Permit 96-023 and Plot Plan 96-571; and, WHEREAS, said revised Conditional Use Permit and Plot Plan have 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) iri that the Ctmmunity Development Department has prepazed an Initial Study (EA 96-31.1); and, WHEREAS, the Community Development Director has determiined that said revised Conditional Use Permit and Plot Plan will not have a significant adverse effect on the environment and that a Mitigated Negative Declaration of environmental impact should be filed; artd WHEREAS, upon hearing and considering all testimony and azg,uments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The revised Conditional Use Permit and Plot Plan will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly in that :mitigation measures have been prepared to insure environmental compliance before and during on-site construction work. 2. The revised Conditional Use Permit and Plot Plan will not have the potential I:o 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 o:f California history or prehistory. 3. The revised Conditional Use Permit and Plot Plan does not have the potential to achieve short-term environmental goals, to the disadvantage of long-terrci environmental goals, with the successful implementation of the monitoring program. 4. The revised Conditional Use Permit and Plot Plan will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. 5. The revised project will not have environmental effects that will adversely affect the human population, either directly or indirectly, with the implementation of mitigation measures. RESOPC.173 Plamiug Commission Resolution 96-004 NOW, THEREFORE, BE Tl' RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of th<; Planning Commission for this Environmental Assessment. 2. That it does hereby recommend that the City Council certify Environmental Assessment 96-311 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, labeled Exhibit "A" and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of February, 1996, by the following vote, to wit: AYES: Commissioners Anderson, Barrows, Gardner and Tyler NOES: Commissioners Newkirk and Chariman Abels ABSENT: Commissioner Butler ABSTAIN: None ATTEST: c~, ~ ~~~ ~~~~~~ HERM'~N, Community Development Director La Quinta, California DES ABELS, Chairman La Quinta, California RESOPC.173