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PCRES 2001-053PLANNING COMMISSION RESOLUTION 2001-053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2001-076, ZONE CHANGE 2001-099, SPECIFIC PLAN 2001-053, AND TENTATIVE TRACT MAP 30096 CASE NO.: ENVIRONMENTAL ASSESSMENT 2001-414 APPLICANT: PUERTA AZUL L.L.C. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of April, 2001, hold aduly-noticed Public Hearing to consider Environmental Assessment 2001-414 for General Plan Amendment 2001-076, Zone Change 2001-099, Specific Plan 2001-053 and Tentative Tract 30096 herein referred to as the "Project" for Puerta Azul Partners L.L.C.; and, WHEREAS, said Project 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 2001-414) to evaluate the potential for adverse environmental impacts; and, WHEREAS, the Community Development Director has determined that said Project could have a significant adverse effect on the environment unless mitigation measures are implemented, and that a Mitigated Negative Declaration of Environmental Impact could 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 Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that appropriate mitigation measures have been imposed which will minimize project impacts. _ 2. 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, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. P:\CAROLYN\adopted PC RESO EA 2001-414.wpd Planning Commission Resolution 2001- 053 Environmental Assessment 2001-414 April 24, 2001 3. Considering the record as a whole, there is no evidence before the City that the proposed project will have potential for adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Project 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 by the Environmental Assessment. 5. The proposed Project will not have environmental effects directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect setforth in 14 CAL Code Regulations §753.51d). 7. There is no substantial evidence in light of the whole record, including EA 2001- 414 and the comments received thereon, that the project will have a significant impact upon the environment. 8. EA 2001-414 and the Mitigated Negative Declaration reflects the City's independent judgment and analysis. 9. The location and custodian of the record of proceedings relating to this project is the Community Development Department of the City of La Quinta, located at 78-495 Calle Tampico, La Quinta, California 92253. 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 recommend to the City Council certification of Environmental Assessment 99-386 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. P:\CAROLYN\adopted PC RESO EA 2001-414.wpd Planning Commission Resolution 2001- 053 Environmental Assessment 2001-414 April 24, 2001 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 24th day of April, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins NOES: None ABSENT: None ABSTAIN: None __ S BOBBINS, Chairman City of La Quinta, California ATTEST: JFRAY"~-IERM/jRV, Community Development Director Ity of/La Quinta, California P:\CAROLYN\adopted PC RESO EA 2001-414.wpd