PC Resolution 2011-012PLANNING COMMISSION RESOLUTION 2011 -012
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 2008 -118
CASE NO.: ENVIRONMENTAL ASSESSMENT 2008 -599
GENERAL PLAN AMENDMENT 2008 -118 — HOUSING ELEMENT UPDATE
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta did, on the
26` day of July, 2011, hold a duly noticed Public Hearing to consider the proposed
General Plan Amendment for the Housing Element Update (hereinafter, "Project "); and,
WHEREAS, an Environmental Impact Report (SCH #20000991023) was
previously prepared, adopted, and certified under City Council Resolution 2002 -43, for
the 2002 La Quinta General Plan as prescribed by the California Environmental Quality
Act of 1970, and identifies various mitigation measures and further identifies certain
impacts which cannot be so mitigated through a Statement of Overriding
Considerations; and,
WHEREAS, the City has prepared an Initial Study and Negative
Declaration (SCH # 2009091037) under Environmental Assessment 2008 -599, in
compliance with the 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 Planning Director has determined that said Project will not
have a significant adverse impact on the environment due to the mitigation 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 City mailed and published a Notice of Intent to adopt the
Negative Declaration in compliance with Pubic Resources Code Section 21092 on the
1 11h day of September, 2009 to the Riverside County Clerk; and
WHEREAS, the City published a Public Hearing Notice to adopt the Initial
Study and Negative Declaration in the Desert Sun newspaper on July 1, 2011, said
notice also having been mailed to concerned agencies, and all public entities entitled to
such notice; and
WHEREAS, upon hearing and considering all testimony and arguments, if
Planning Commission Resolution 2011 -012
Environmental Assessment 2008 -599
General Plan Housing Element Update
July 26, 2011
Page 2
any, of all interested persons desiring to be heard, said Planning Commission did make
the following findings to justify a recommendation to the City Council for 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 Environmental Assessment, and finds that it
adequately describes and addresses the environmental effects of the Project.
Based upon the Initial Study, the comments received thereon, and the entire
record of proceeding for this Project, the Planning Commission 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 2008 -599.
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 under Environmental
Assessment 2008 -599.
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 City will not be
significantly affected by the Project.
Planning Commission Resolution 2011 -012
Environmental Assessment 2008 -599
General Plan Housing Element Update
July 26, 2011
Page 3
7. The Project will not create 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 any comments received thereon, and there is no substantial
evidence in light of the entire record that the project may have a significant
effect on the environment.
9. The Planning Commission has considered Environmental Assessment 2008 -599
and said assessment reflects the independent judgment of the City.
10. The City has, on the basis of substantial evidence, rebutted the presumption of
adverse effect set forth in 14 California Code of Regulations 753.5(d).
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 §711.2., and a Finding of No Effect has been issued by the
California Department of Fish and Game, pursuant to Fish and Game Code
711.4.
13. 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, Planning Department, 78495 Calle Tampico, La Quinta,
California, 92253.
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 2008 -599
for the reasons set forth in this Resolution and as stated in the Initial Study, on
file in the Planning Department and attached hereto.
Planning Commission Resolution 2011 -012
Environmental Assessment 2008 -599
General Plan Housing Element Update
July 26, 2011
Page 4
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 26th day of July, 2011, by the following vote, to
wit:
AYES: Commissioners Barrows, Weber, Wright, and Chairman Alderson
NOES: None
ABSENT: None
ABSTAIN: Commissioner Wilkinson
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
!ES JPHNSON, Planning Director
City of La Quinta, California