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CC Resolution 2009-074RESOLUTION NO. 2009 - 074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2009-605 PREPARED FOR THE ADAMS STREET DRIVE BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06 ENVIRONMENTAL ASSESSMENT 2009-605 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, Californiai, did on the 15th day of September, 2009 considered Environmental Assessment 2009-605 for the Adams Street Bridge Improvements, Capital Improvement Project Nlo. 2006-06 (the "Project"), and WHEREAS, said Environmental Assessment 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 Planning Department has prepared an Initial Study (EA 2009-605) and has determined that although the Project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures are incorporated into said Environmental Assessment and includerd in the Project approval, and a Mitigated Negative Declaration of environmental iimpact should be filed; and, WHEREAS, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in tFrat no significant unmitigated impacts were identified under Environmental Assessment 2009- 605. 2. The proposed Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildliife species, cause 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 any rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. The project is located in an urbanized area. Implementation of the Project will not affect any special interest plan communities or federal/State listed species. 3. There is no evidence before the City that the proposed Project will have the potential for any significant adverse effect on wildlife resources, or the habitat on which the wildlife depends, which cannot be mitigated. The Project site Resolution 2009-074 Environmental Assessment 2009-605 Adams Street Bridge Improvements - CIP#2006-06 Adopted: September 15, 2009 Page 2 contains potentially suitable habitat for the western Burrowing Owl, and the Project will impact potential jurisdictional waters of the United States. However, mitigation measures to be incorporated into the Project implementation will reduce these impacts to less than significant levels. 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 have been identified by the Environmental Assessment. The Project will replace the existing low water crossing with an elevated bridge to achieve the long term goal of reducing or preventing traffic congestion in the project vicinity and the City's circulation system, and thereby implementing the City's approved Capital Improvement Program. 5. The proposed Project will not result in impacts which are individually limited but cumulatively considerable, considering the effects of past projects, other current projects or probable future projects, as development patterns in the area will not be significantly affected by the proposed Project. The Project is a roadway improvement project that has been anticipated in the General Plan and the Capital Improvement Program, and will not introduce new land use or increase roadway capacity. 6. The proposed Project may result in impacts to air quality, noise and traffic during construction; however these impacts will be temporary and short in duration and will also be mitigated to a less than significant level with the mitigations measures contained herein. 7. There is no substantial evidence in light of the entire record that the Project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2009-605 and the Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this Project are the Planning Department and the Public Works Department, both 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 Environmental Assessment. Resolution 2009-074 Environmental Assessment 2009-605 Adams Street Bridge Improvements - CIP#2006-06 Adopted: September 15, 2009 Page 3 2. That Environmental Assessment 2009-605 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`n day of September 2009, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL H, Ma r City of La Quinta, California ATTEST: VERONICA J City of La Q~ (CITY SEAL) NTECINO, CMC, City Clerk California APPROVED AS TO FORM: f~K IiATWfRINE JEJVSO~f', City Attorney City of La Quinta, IfOrnla