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PCRES 2003-103PLANNING COMMISSION RESOLUTION 2003-103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2003-095 AND ZONE CODE AMENDMENT.. 2003-078 APPLICANT: CITY OF LA QUINTA CASE: ENVIRONMENTAL ASSESSMENT 2003-485 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25`h day of November, 2003, hold aduly-noticed Public Hearing to consider Environmental Assessment 2003-485 for General Plan Amendment 2003-095 and Zone Change Amendment 2003-078 to allow High Density Residential uses in the Commercial Park land use area with a Conditional Use Permit; WHEREAS, an Initial Study and Negative Declaration has been prepared collectively for the above-cited applications to allow High Density Residential uses in the Commercial Park land use area within La Quinta; WHEREAS, the City has prepared the Initial Study and Negative Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of Regulations, Title 14, section 15000 et seq.; and WHEREAS, the City published a notice of its intention to adopt the Negative Declaration and associated Initial Study in the Desert Sun newspaper on November 13, 2003, and further caused the notice to be filed with the Riverside County Clerk on October 21, 2003, in accordance with the CEQA Guidelines. The public comment period began on November 14, 2003; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1: The above recitations are true and correct and are adopted as the Findings of the Planning Commission. SECTION 2: The Planning Commission finds that the Negative Declaration has been prepared and processed in compliance with CEQA, the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Negative Planning Commission Resolution 2003-103 Environmental Assessment 2003-485 Adopted: November 25, 2003 Declaration, and finds that it adequately describes and addresses the environmental effects of the City-wide Amendment, and that, based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Amendment, there is no substantial evidence in light of the whole record that there are significant adverse environmental effects as a result of the Amendment. SECTION 3: The Amendment 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 2003-485. SECTION 4: The Amendment 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, in that additional environmental analysis will occur during site-specific development projects. SECTION 5: There is no evidence before the City that the Amendment will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends based on review of the City's General Plan EIR. SECTION 6: The Amendment 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. SECTION 7: The Amendment 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 Project. SECTION 8: The Amendment will not have the 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 based on review of the City's General Plan EIR. SECTION 9: The Planning Commission has fully considered the proposed Negative Declaration and the comments received thereon. Planning Commission Resolution 2003-103 Environmental Assessment 2003-485 Adapted: November 25, 2003 SECTION 10: The Negative Declaration reflects the independent judgment and analysis of the Planning Commission. SECTION 11: The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director. SECTION 12: Based upon the Initial Study and the entire record of proceedings, the Amendment has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §711 .2. SECTION 13: The Planning Commission has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.51d1. SECTION 14: The Negative Declaration is hereby recommended to the City Council for certification. SECTION 15: The Community Development Director shall cause to be filed with the County Clerk a Notice of Determination pursuant to CEQA Guideline § 150751a) once reviewed by the City Council. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25`h day of November, 2003, by the following vote to wit: AYES: Commissioners Abels, Daniels, Quill, Tyler and Chairman Kirk NOES: None ABSENT: None ABSTAIN: None TO KIR ,Chairman City a Quinta, California Planning Commission Resolution 2003-103 Environmental Assessment 2003-485 Adopted: November 25, 2003 ATTEST: iY HER~OIAN, Community Development Director of La Quinta, California