PCRES 2004-095PLANNING COMMISSION RESOLUTION 2004-095
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 ENVIRONMENTAL IMPACT
PREPARED FOR TENTATIVE TRACT MAP 32397
CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-522
APPLICANT: CANYON RIDGE L.L.C.
WHEREAS, the Planning Commission of the City of La Quinta did on the
23rd day of November, 2004, hold a duly noticed public hearing to consider the request
of Canyon Ridge L.L.C. for certification of Environmental Assessment 2004-522 for
Tentative Tract Map (TTM) 32225, referred to as the "Project" for the subdivision of
28.43 acres into 74 residential lots, generally, located at 47-555 Washington Street
and more particularly described as:
A.P.N: 643-090-024, and
WHEREAS, the City has prepared the Initial Study and Mitigated 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 City mailed a Notice of Intent to adopt the Mitigated
Negative Declaration in compliance with Pubic Resources Code Section 21092 on the
15`h day of November, 2004 to the Riverside County Clerk; and
WHEREAS, the City published a Public Hearing Notice to adopt the
Mitigated Negative Declaration and associated Initial Study in the Desert Sun
newspaper on November 12th, 2004, such notice was also mailed to all landowners
within 500 feet of the Project Site, 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 Mitigated 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 Mitigated Negative Declaration, and
finds that it adequately describes and addresses the environmental effects of
P:\Reports - PC\11-23-2004\Foxx Homes\PC RESO EA 2004-522 Reso.doc
Planning Commission Resolution 2004-095
Environmental Assessment 2004-522
Canyon Ridge L.L.C.
Adopted: November 23, 2004
Page 2
the Project, and based upon the Initial Study, the comments received thereon,
and the entire record of proceeding for this Project, that there could be a
significant environmental effect resulting from this project; however, the
mitigation measures will reduce the impacts to less than significant. The
mitigation measures identified in the Mitigated Negative Declaration have been
incorporated into the Project and or made part of the approval of the project and
these measures will mitigate any potential significant effect.
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 unmitigated
impacts were identified by Environmental Assessment 2004-522.
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.
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.
P:\Reports-PC\11-23-2004\Foxx Homes\PC RESO EA 2004-522 Reso.doc
Planning Commission Resolution 2004-095
Environmental Assessment 2004-522
Canyon Ridge L.L.C.
Adopted: November 23, 2004
Page 3
8. The Planning Commission has fully considered the proposed Mitigated Negative
Declaration and the comments, if any, received thereon.
9. The Mitigated 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 is in the La Quinta City
Hall, Community Development Department, 78-495 Calle Tampico, La Quinta,
California 92253.
11. A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as
Exhibit A, is hereby adopted pursuant to Public Resources Code Section
21081.6 in order to assure compliance with the mitigation measures during
Project implementation.
12. 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 1 711.2.
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
753.5(d).
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 Mitigated
Negative Declaration of environmental impact for Environmental Assessment
2004-522 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 and attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 23rd day of November, 2004, by the following vote,
P:\Reports - PC\11-23-2004\Foxx Homes\PC RESO EA 2004-522 Reso.doc
Planning Commission Resolution 2004-095
Environmental Assessment 2004-522
Canyon Ridge L.L.C.
Adopted: November 23, 2004
Page 4
t0 wit:
AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk
NOES: None
ABSENT: Commissioner Quill
ABSTAIN: None
AK, Chairman
La Quinta, California
ATTEST:
G/
OSCAR ORCI, Interim
Community Development Director
City of La Quinta, California
PAReports - PC\1 1-23-2004\Foxx Homes\PC RESO EA 2004-522 Reso.doc
PLANNING COMMISSION RESOLUTION
2004-095, "ENVIRONMENTAL
ASSESSMENT CHECKLIST AND
ADDENDUM" NOT ATTACHED