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PC Resolution 2012-003PLANNING COMMISSION RESOLUTION 2012 -003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL MAP 36421, CONDITIONAL USE PERMIT 2011 -135, AND SITE DEVELOPMENT PERMIT 2011 -920, THE WASHINGTON STREET APARTMENTS CASE: ENVIRONMENTAL ASSESSMENT 2011 -613 APPLICANT: LA QUINTA HOUSING AUTHORITY AND REDEVELOPMENT AGENCY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14 "' day of February, 2012, hold a duly noticed public hearing, as continued from the regularly - scheduled Public Hearing on January 10, 2012, to consider a request by the La Quinta Housing Authority and Redevelopment Agency to adopt Environmental Assessment 2011-613, prepared for Tentative Parcel Map 36421, Conditional Use Permit 2011 -135, and Site Development Permit 2011 -920, known as the Washington Street Apartments, a 72 -unit apartment complex, generally located on the southeast corner of Washington Street and Hidden River Road, more particularly described as: APN: 609 - 040 -028, 609 - 040 -023, 609- 040 -007 WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83 -63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2011 -613) and has determined that the project will not have a significant impact on the environment, and that a Negative Declaration of environmental should be adopted; and, WHEREAS, the Planning Department mailed and published a Notice of Intent to adopt the Negative Declaration in compliance with Public Resources Code Section 21092 on the 9" day of December, 2011 to the Riverside County Clerk; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on December 30, 2011 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 15 `" day of December, 2011, reviewed the cultural resource survey, Planning Commission Resolution 2012 -003 Environmental Assessment 2011 -613 La Quinta Housing Authority & Redevelopment Agency Page 2 and adopted Minute Motion 2011-003, recommending approval of the cultural resource survey to the Planning Commission, subject to staff - recommended conditions; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify adoption 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 2011 - 613. 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 2011 -613. Planning Commission Resolution 2012 -003 Environmental Assessment 2011 -613 La Quinta Housing Authority & Redevelopment Agency 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 City will not be significantly affected by the project. 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 2011-613 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 CAL Code 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. 12. 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. Planning Commission Resolution 2012 -003 Environmental Assessment 2011 -613 La Quinta Housing Authority & Redevelopment Agency Page 4 2. That it does hereby adopt Environmental Assessment 2011-613, which include a negative declaration for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Planning Department. 3. That Environmental Assessment 2011 -613 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14' day of February, 2012, by the following vote to wit: AYES: Commissioners Barrows, Weber, Wright, and Chairman Alderson NOES: Commissioner Wilkinson ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JO SON, Planning Director City of Afa Quinta, California