PCRES 2004-079PLANNING COMMISSION RESOLUTION 2004-079
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 PREPARED FOR GENERAL PLAN AMENDMENT 2004-102
CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-521
GENERAL PLAN AMENDMENT -HOUSING ELEMENT
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta did on the
28`h day of September, 2004, and continued to the 12`" day of October, 2004 hold a
duly noticed Public Hearing to consider the proposed General Plan Amendment
Housing Element Update; and
WHEREAS, the City Council of the City of La Quinta, California previously
adopted Resolution 2002-44 as a comprehensive update of the General Plan for the
City pursuant to Sections 65350 et seq. of the California Planning and Zoning Law;
and
WHEREAS, Environmental Impact Report (SCH #20000991023) has been
prepared, adopted under City Council Resolution 2002-43, and certified for the General
Plan as prescribed by the California Environmental Quality Act and identifies various
mitigation measures to a level of insignificance and identifies certain impacts which
cannot be so mitigated with a Statement of Overriding Considerations; and,
WHEREAS, the City has prepared the Initial Study and Negative
Declaration in compliance with California Environmental Quality Act (CEQA) and the
State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et.
seq., (CEQA Guidelines); and,
WHEREAS, the Community Development Director has determined that
said Amendment will not have a significant adverse impact on the environment due to
the mitigations measures required in the General Plan EIR and incorporated herein by
this reference and that a Negative Declaration of environmental impact should be filed;
and,
WHEREAS, the Planning Commission of the City of La Quinta, does
recommend to the City Council certification of the Environmental Assessment; and,
WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated
Negative Declaration in compliance with Pubic Resources Code Section 21092 on the
14`h day of September, 2004 to the Riverside County Clerk; and
P:\Reparts - PC\10-72-2004\Housing Element\cond PC RESO EA 2004-509 Housing Element.doc
Planning Commission Resolution 2004-079
Environmental Assessment 2004-521
General Plan Housing Element
Adopted: October 12, 2004
Page 2
WHEREAS, the City published a Public Hearing Notice to adopt the
Mitigated Negative Declaration and associated Initial Study in the Desert Sun
newspaper on September 2, 2004, such notice was also mailed to concerned
agencies, and all public entities entitled to such notice; and
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said Planning Commission did make
the following findings recommending to the City Council certification of said
Environmental Assessment:
1 . That the Negative Declaration has been prepared and processed in compliance
with the State CEQA Guidelines and the City's implementation procedures. The
Planning Commission has independently reviewed and considered the
information contained in the Negative Declaration, and finds that it adequately
describes and addresses the environmental effects of the Project, and based
upon the Initial Study, the comments received thereon, and the entire record of
proceeding for this Project, and finds that there are no significant environmental
effects resulting from this project.
2. The Project 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 2004-521.
3. The 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, rare or endangered
plants or animals or eliminate important examples of the major periods of
California history, or prehistory.
4. There is no evidence before the City that the Project will have the potential for
an adverse effect on wildlife resources or the habitat on which the wildlife
depends.
5. The 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 have been identified by the Environmental
Assessment.
P:\Reports - PC\10-12-2004\Housing Element\cond PC RESO EA 2004-509 Housing Element.doc
Planning Commission Resolution 2004-079
Environmental Assessment 2004-521
General Plan Housing Element
Adopted: October 12, 2004
Page 3
6. The Project 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.
7. The Project 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.
8. The Planning Commission has fully considered the proposed Negative
Declaration and the comments, if any, received thereon.
9. The Negative Declaration reflects the independent judgment and analysis of the
Planning Commission.
10. The location of the documents which constitute the record of proceedings upon
which the Planning Commission decision is based upon, are located in the La
Quinta City Hall, Community Development Department, 78-495 Calle Tampico,
La Quinta, California, 92253.
11 . Based upon the Initial Study and the entire record of proceedings, the Project
has no potential for adverse effects on wildlife as that term is defined in Fish
and Game Code ~ 71 1 .2.
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
753.51d).
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 constitute the findings of
the Planning Commission for this Environmental Assessment.
2. That it does hereby recommend to the City Council certification of a Negative
Declaration of environmental impact for Environmental Assessment 2004-521
for the reasons set forth in this Resolution and as stated in the Environmental
P:\Reports - PC\10-12-2004\Housing Element\cond PC RESO EA 2004-509 Housing Element.doc
Planning Commission Resolution 2004-079
Environmental Assessment 2004-521
General Plan Housing Element
Adopted: October 12, 2004
Page 4
Assessment Checklist and Addendum, on file in the Community Development
Department.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 12th day of October, 2004, by the following vote,
to wit:
AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk
NOES: None
ABSENT: Commissioner Krieger
ABSTAIN: None
KIRK, Chairman
of La Quinta, California
ATTEST:
~~/ ~'
OSCAR ORCI, Interim
Community Development Director
City of La Quinta, California
P:\Reports - PC\10-12-2004\HOUSing Element\cond PC RESO EA 2004-509 Housing Element.doc