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PCRES 2001-026PLANNING COMMISSION RESOLUTION 2001-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CONDITIONAL USE PERMIT 2001-054 ENVIRONMENTAL ASSESSMENT 2001-410 APPLICANT: NEXTEL COMMUNICATIONS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of March, 2001, hold a duly noticed Public Hearing to consider Environmental Assessment 2001-410 for Conditional Use Permit 2001-054, generally located within Frances Hack La Quinta Park, more particularly described as follows: APN 773-074-002 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2001-410) and has determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Negative Declaration of Environmental Impact should be filed; 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 certification of said Environmental Assessment: 1 . The proposed Conditional Use Permit 2001-054 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment. 2. The proposed Conditional Use Permit 2001-054 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 Conditional Use Permit 2001-054 does 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 Environmental Assessment. P:\GREG\PCResNextelEA.wpd Planning Commission Resolution 2001-026 Environmental Assessment 2001-410 Nextel 5. The proposed Conditional Use Permit 2001-054 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. 6. The proposed Conditional Use Permit 2001-054 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. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered the Environmental Assessment 2001- 410 and the Environmental Assessment reflects the independent judgement of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d). 10. 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 Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitutes the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-410 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-410 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 13th day of March, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins NOES: None P:\GREG\PCResNextelEA.wpd Planning Commission Resolution 2001-026 Environmental Assessment 2001-410 Nextel ABSENT: None ABSTAIN: None ~ _ STEVE BOBBINS, Chairman City of La Quinta, California ATTEST: C~~^i~~l~ ~~ CHRISTINE DI IORIO, anning Manager City of La Quinta, California P:\GREG\PCResNextelEA. wpd