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PCRES 1997-073PLANNING COMMISSION RESOLUTION 97-073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF AN ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC PLAN 97-030, SITE DEVELOPMENT PERMIT 97-612, AND CONDITIONAL USE PERMIT 97-035 CASE NO.: ENVIRONMENTAL ASSESSMENT 96-3'44 APPLICANT: THOMAS BIENEK WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14"' day of October, 1997, hold aduly-noticed Public Hearing and continued said Public Hearing to the 28"` day of October and 1 2"' clay of November, 1997 to consider the environmental impacts of the request of Thomas Bienek for approval of Specific Plan 97-030, Site Development Permit 97-612', and Conditional Use Permit 97-035 to allow construction of a two story 12,546 square foot commercial building and a 1,000 square foot maintenance building on a 21.4 acre site, generally at the northeast corner of Adams Street and 4£3"' Avenue, more particularly described as: WEST HALF OF SECTION 29 TOWNSHIPS 5 SOUTH AND 7, EAST S.B.B.M. WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 97-344) and has determined that although the proposed project 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 Conditions of Approval, and a Mitigated Negative Declaration of Environmental Impact will be filed; and, WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make findings to justify recommendation for certification of said Environmental Assessment: 1. An Environmental Assessment (EA) has been prepared pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"1, as amended (Public Resources Code Section 21000, et. seq.1• P'.Apc Res EA 97-344.wpd Planning Couunission Resolution 97-07; 2. The City shall balance the benefits of a proposed project against its unavoidable adverse environmental impacts prior to project approval; which means that the benefits of a proposed project outweigh the unavoidable adverse environmental impacts. 3. Prior to action on the Project and the Entitlement Approvals, the Planning Commission for the City of La Quinta considered all significant adverse environmental impacts and mitigation measures, and has found that all potentially significant adverse environmental impacts which .may be caused by the Project and implementation of the Entitlement Approvals have been lessened or avoided to the extent feasible. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission for the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. That it does hereby recommend certify Mitigated Negative Declaration of Environmental Assessment 97-344 for Specific Plan, Site Development Permit 97-612 and Conditional Use Permit 97-035 subject to the Mitigation Monitoring Plan and the project entitlement Conditions of .Approval on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular rneeting of the La Quinta Planning Commission, held on this 12th day of November, 1997, by the following vote, to wit: AYES: Commissioners Abels, Kirk, Tyler, and Woodard NOES: Commissioners Butler and Gardner ABSENT: Commissioner Seaton ABSTAIN: None RIC BUTLER, Chairman City of La Quinta, California ATTEST: JE RY MAN, Community Development Director 'ty of La Quinta, California P:Apc Res EA 97-344.wpd