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PCRES 2007-007PLANNING COMMISSION RESOLUTION 2007-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, THE ADOPTION OF A RESOLUTION CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 41), AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR LA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (1975), AS AMENDED, PREPARED FOR SITE DEVELOPMENT PERMIT 2006-865 CASE: ENVIRONMENTAL ASSESSMENT 2006-573 ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS FOR LA QUINTA RESORT SIGNATURE POOL PROJECT APPLICANT: CNL DESERT RESORT, LLP WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL Desert Resort, LLP ("CNL") regarding an Addendum to the Environmental Impact Report for Revised Specific Plan 121-E, as revised and amended, (EIR No. 41) (the "Addendum") and Site Development Permit No. 2006-865 (the "SDP"); WHEREAS, the Addendum complies with the requirements of the California Environmental Quality Act and "The Rules to Implement the California Environmental Quality Act of 1970" (as amended, Resolution 83-68 adopted by the City Council); and WHEREAS, upon hearing and considering the EIR, the subsequent environmental compliance documents, the Addendum and all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the facts, findings, and reasons to justify certifying the Addendum set forth in the attached resolution. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations and those contained in the attached Resolution (Exhibit "A") are true and constitute the findings of the Planning Commission in this case. p\reports\2007\2-13-07\sdp 2006-865\sdp 2006-865 ea res.doc Planning Commission Resolution 2007-007 Environmental Assessment 2006-573 CNL Desert Resort LLP Adopted: February 13, 2007 2. That it does hereby recommend to the City Council that the City Council adopt the attached Resolution certify the Addendum for the reasons set forth in this Resolution, the attached Resolution, and as stated in the Addendum text on file in the City Clerk's Department. 3. That the Planning Commission has reviewed the Addendum, the EIR, and the subsequent CEQA compliance documents, and had determined that the Addendum reflects the independent judgment of the City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 131" day of February, 2007, by the following vote, to wit: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill NOES: None ABSENT: None ABSTAIN: Commissioner Daniels City of La Quinta, California ATTEST: a DO LA . EVANS Community Development Director City of La Quinta, California Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 41), AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR LA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (1975), AS AMENDED, PREPARED FOR SITE DEVELOPMENT PERMIT 2006-865 CASE: ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS FOR LA QUINTA RESORT SIGNATURE POOL PROJECT APPLICANT: CNL DESERT RESORT, LLP WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 13th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL Desert Resort, LLP ("CNL") regarding an Addendum to the Environmental Impact Report for Revised Specific Plan 121-E, as revised and amended, (EIR No. 41) (the "Addendum") and Site Development Permit No. 2006-865 (the "SDP"), and did approve the applications by adopting Planning Commission Resolutions 2007— and 2007- WHEREAS, the City Council of the City of La Quinta, California ("City"), did, on the 20th day of February, 2007, hold a duly -noticed Public Hearing to consider the request of CNL regarding the Addendum and the SDP, which contemplates the redevelopment of approximately 7.4 acres within the La Quinta Resort's 62-acre parcel, and the construction of a "Signature Pool" complex on that redeveloped 7.4 acre parcel; WHEREAS, the Addendum complies with the requirements of the California Environmental Quality Act and "The Rules to Implement the California Environmental Quality Act of 1970" (as amended, Resolution 83-68 adopted by the City Council); and WHEREAS, upon hearing and considering the EIR, the subsequent CEQA compliance documents, the Addendum and all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts, findings, and reasons to justify certifying the Addendum: Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment 1. applications for the SDP (the "Application" or "Proposed Project"), with respect to a portion of Revised Specific Plan 121-E, as amended, constitute further discretionary approvals needed to implement the Revised Specific Plan, as amended. The application reflects necessary entitlements to proceed with the redevelopment of approximately 7.4 acres, located within the La Quinta Resort's 62-acre parcel; both of which are situated within the Revised Specific Plan 121-E, as amended. Specifically, the "Signature Pool" contemplated by the Proposed Project will provide several water -related and pool -featured amenities, including an arrival plaza; a children's outdoor play area; a "lazy river" that proceeds in a circular loop; a formal outdoor pool with terraces; private pool -side cabanas; a game room with a first aid center; outdoor dining terraces; a splashdown pool for slides; a wave pool; a chaise lounge deck; and secure gate entry points. The Proposed Project will be limited to a specific portion of the La Quinta Resort's 62-acre parcel, which presently contains existing recreational facilities, including an outdoor swimming pool and tennis courts. Specifically, the area to be affected by the Proposed Project presently contains up to ten existing tennis courts, the existing tennis stadium (center court), an existing restroom building and an existing outdoor swimming pool. The Proposed Project will not be open to the general public and is not intended to function as a theme park or public water slide park. Additionally, the Proposed Project site is situated such that it is not visible to the general public or from any adjacent public roadways. 2. On or about May 6, 1975, the Board of Supervisors for the County of Riverside certified the adequacy and completeness of Environmental Impact Report No. 41 (the "EIR") and approved and adopted Specific Plan 121-E. In October of 1982, the City Council certified Environmental Assessment No. 15145 and a Negative Declaration in connection with its consideration and approval of the Revised Specific Plan 121-E to reflect modifications to Specific Plan 121-E, refinements of the development concepts therein and a change of zone. On or about September 20, 1988, the City Council certified Environmental Assessment No. 88-095 and a Negative Declaration in connection with its consideration and approval of Amendment No. 1 to Revised Specific Plan 121- E, which Amendment implemented Change of Zone No. 88-031, Tentative Parcel Map No. 23749 and Plot Plan No. 88-393. On or about November 21, 1989, the City Council certified Environmental Assessment No. 89-141 and a Negative Declaration in connection with its consideration and approval of Amendment No. 2 to Revised Specific Plan 121- E, which Amendment implemented Plot Plan No. 89-421 . Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment On or about July 5, 1995, the City Council certified Environmental Assessment No. 95-304 and a Mitigated Negative Declaration in connection with its consideration and approval of Amendment No. 3 to Revised Specific Plan 121- E, which Amendment implemented Plot Plan No. 95-555. On or about September 16, 1997, the City Council certified Environmental Assessment No. 97-340 and a Mitigated Negative Declaration in connection with its consideration and approval of Amendment No. 4 to Revised Specific Plan 121-E, which Amendment implemented General Plan Amendment No. 97- 054; Change of Zone No. 97-083; Tentative Tract Map No. 28545; Site Development Permit Nos. 97-607 and 97-608; and Certificate of Appropriateness No. 97-003. On or about June 19, 2001, the City Council certified an Addendum to EIR No. 41 in connection with its consideration and approval of Amendment No. 5 to Revised Specific Plan 121-E, which Amendment implemented Tentative Tract Map No. 30125; General Plan Amendment No. 2001-078; Change of Zone No. 2001-101; and Site Development Permit No. 2001-703. The Revised Specific Plan 121-E, as amended by Amendments 1, 2, 3, 4 and 5, is referred to herein as the "Prior Project." The Proposed Project is consistent with the Prior Project. 3. The Proposed Project does not contemplate or propose substantial changes in the Prior Project, which will or would require major revisions of the Prior Project EIR and subsequent CEQA compliance documents approved by the City, due to the involvement of new significant environmental effects or a substantial increase in the severity of significant effects previously identified in the Prior Project EIR and subsequent CEQA compliance documents referenced above. Rather, the Proposed Project concerns a change in, and construction related to, the current recreational uses within a specific area of the La Quinta Resort, which specific area is currently used and is approved for commercial and recreational purposes. 4. No Substantial changes will occur with respect to the circumstances under which the Prior Project will be undertaken, as modified by the Proposed Project described herein, which will or would require major revisions of the Prior Project EIR and subsequent CEQA compliance documents approved by the City, due to the involvement of new significant environmental effects or a substantial increase in the severity of the significant effects previously identified in the Prior Project EIR and subsequent CEQA compliance documents approved by the City. Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment 5. No new information of substantial importance which was not known, and could not have been known with the exercise of reasonable diligence, at the time the Prior Project EIR and subsequent CEQA compliance documents were certified/approved as complete, has become available which shows any of the following: (A) The Prior Project will have one or more significant effects not discussed in the Prior Project EIR and subsequent CEQA compliance documents; (B) Significant effects previously examined will be substantially more severe than shown in the Prior Project EIR and subsequent CEQA compliance documents; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Prior Project and/or Proposed Project, but the City declines to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the Prior Project EIR and subsequent CEQA compliance documents would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measures or alternative. 6. Based upon these findings and the Addendum/Initial Study, the City Council has determined that no Subsequent EIR or Supplemental EIR is required or appropriate under Public Resources Code section 21166, and that an Addendum is sufficient to make the Prior Project EIR and subsequent CEQA compliance documents apply to the Proposed Project. 7. The Addendum/Initial Study, which was prepared to evaluate whether the Proposed Project would cause any new or potentially more severe significant adverse effects on the environment, specifically analyzed, in addition to several other potential impacts, potential impacts related to cultural resources, traffic, air quality, noise and aesthetics. The analysis and conclusions for many of these specific potential impacts were based on, and relied upon, expert reports that are attached to the Addendum as Appendices A — E and which, together with the Addendum, provide the substantial evidence upon which the City Council's findings provided herein are based. Based upon the facts and analysis contained in the Addendum/Initial Study, the City Council finds that the Proposed Project will not have, when compared to the Prior Project EIR and subsequent CEQA compliance documents referenced above, any new or more Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment severe adverse environmental impacts, in the defined Study Area, including, without limitation, no new or more severe significant adverse impacts related to cultural resources, traffic, air quality, noise or aesthetics. The City Council makes the following more specific findings: (A) The Addendum/Initial Study specifically analyzed the Proposed Project's potential effects on cultural resources, based upon the Historic Resources Evaluation prepared by Architectural Resources Group, which is attached to the Addendum as Appendix A and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix A, the City Council finds that the Proposed Project will not have any new or more severe significant impacts on cultural resources. Moreover, and in the alternative, the City Council finds that any temporary construction fence and/or proposed safety wall surrounding the Morgan House is categorically exempt from CEQA based upon the following CEQA Guidelines: 15301 (Class 1-Existing Facility, including subsection (f) (safety device)); 15303 (Class 3-Small Structure, including subsection (e) (fences)); 15311 (Class 1 1-Accessory Structures) and 15331 (Class 31-Historical Resource Protection Measure). (B) The Addendum/Initial Study specifically analyzed the Proposed Project's potential impacts on traffic and circulation, based upon a Traffic Impact Analysis prepared by Endo Engineering, which is attached to the Addendum as Appendix B and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix B, the City Council finds that the Proposed Project will not have any new or more severe significant traffic or circulation impacts, either on public roads or the internal circulation system at the Proposed Project site. (C) The Addendum/Initial Study specifically analyzed the Proposed Project's potential impacts on air quality, based upon an Air Quality Modeling and Analysis prepared by Impact Sciences, which is attached to the Addendum as Appendix C, and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix C, the City Council finds that the Proposed Project will not have any new or more severe significant impacts on air quality. (D) The Addendum/Initial Study specifically analyzed the Proposed Project's potential impacts related to noise, based upon the Operational Acoustics Study prepared by Veneklasen & Associates, which is attached to the Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment Addendum as Appendix D, and incorporated therein. Based upon the facts and analysis contained in the Addendum/Initial Study and its Appendix D, the City Council finds that the Proposed Project will not have any new or more severe significant impacts related to noise. 8. The Proposed Project does 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. 9. The Proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no new or more severe significant adverse effects on the environment have been identified by the Addendum/Initial Study. 10. The Proposed Project will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. 11. The Proposed Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that no new or more severe significant impacts have been identified which would affect human health or public services. 12. These factual findings are based upon the previously certified EIR, all subsequently approved CEQA compliance documentation for the Prior Project, the Addendum/Initial Study and all documents referred in or attached to it -- including, without limitation the Historic Resources Evaluation; the Traffic Impact Analysis; the Air Quality Modeling and Analysis; the Operational Acoustics Study; and the Recommendations for Protective Fence at the Morgan House -- the submissions of the applicant; the records and files of the City's Community Development Department related to the Proposed Project; and any and all other documents referred to or relied upon by the Prior Project's Revised Specific Plan, as amended. 13. The City Council has considered the Addendum to the Prior Project EIR and the subsequent CEQA compliance documents approved by the City, and the Addendum reflects the independent judgment of the City. Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment 14. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code Regulations section 753.5(d). 15. The location and custodian of the City's records relating to the Proposed Project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Addendum. 2. That it does hereby certify the Addendum for the reasons set forth in this Resolution and as stated in the Addendum text on file in the City Clerk's Department. 3. That the City Council has reviewed the Addendum, the EIR, and the subsequent CEQA compliance documents, and had determined that the Addendum reflects the independent judgment of the City. 4. That the Community Development Director is directed to file a Notice of Determination with the County Clerk regarding this action. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California Planning Commission Resolution 2007-007 Addendum to Environmental Impact Report CNL Desert Resort, LLP Adopted: February 13, 2007 Attachment ATTEST: \/a�nnirn Mnnfcrinn E,`�A(' ('i+v (`IcrL City of La Quinta; California (City Seal) APPROVED AS TO FORM: M. Katherine Jenson City Attorney City of La Quinta, California