PC Resolution 2012-019PLANNING COMMISSION RESOLUTION 2012 -019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL ADOPTION OF A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
AND ASSOCIATED MITIGATION MONITORING AND
REPORTING PROGRAM PREPARED FOR THE LA QUINTA
RETIREMENT COMMUNITY
CASE: ENVIRONMENTAL ASSESSMENT 2011 -617
APPLICANT: LENITY GROUP, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California did, on the 25`" day of September, 2012, hold a duly noticed public
hearing to consider a request by Lenity Group, LLC to adopt Environmental
Assessment 2011-617, prepared for Development Agreement 2003 -006
Amendment 3, General Plan Amendment 2011-123, Zone Change 2011-140,
Specific Plan 2001 -055 Amendment 3, Tentative Parcel Map 36405, Site
Development Permit 2011-921, known as the La Quinta Retirement Community, a
9.5 -acre retirement community, generally located on Seeley Drive, East of
Washington Street, South of Miles Avenue, more particularly described as:
APN: 604 - 630 -027
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 2011-617) and has
determined that although the proposed project could have a significant effect on
the environment, there will not be a significant effect in this case because revisions
in the project have been made by or agreed to by the project proponent and
mitigation measures have been incorporated. Therefore, the Planning Director is
recommending that a Mitigated Negative Declaration of environmental impact and
associated Mitigation Monitoring Program be certified; and,
WHEREAS, the Initial Study /Mitigated Negative Declaration concluded
that implementation of the project could result in a number of significant effects on
the environment and identified mitigation measures that would reduce the
significant effects to a less- than - significant level; and,
WHEREAS, in connection with the approval of a project involving the
preparation of an initial study /mitigated negative declaration that identifies one or
more significant environmental effects, CEQA requires the decision - making body of
Planning Commission Resolution 2012 -019
Environmental Assessment 2011 -617
Lenity Group, LLC
Page 2
the lead agency to incorporate feasible mitigation measures that would reduce
those significant environmental effects to a less- than - significant level; and,
WHEREAS, the Planning Department mailed and published a Notice of
Intent to adopt a Mitigated Negative Declaration in compliance with Public
Resources Code Section 21092 on the 28 " day of August, 2012 to the Riverside
County Clerk; and,
WHEREAS, the Planning Department published a public hearing notice
in The Desert Sun newspaper on September 14, 2012 as prescribed by the
Municipal Code. Public hearing notices were also mailed to all property owners
within 500 feet of the site; 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 Mitigated Negative Declaration and associated Mitigation
Monitoring Program 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-
617.
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.
Planning Commission Resolution 2012 -019
Environmental Assessment 2011 -617
Lenity Group, LLC
Page 3
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 -617.
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 Mitigated
Negative Declaration and associated Mitigation Monitoring Program 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
2011-617 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.
Planning Commission Resolution 2012 -019
Environmental Assessment 2011 -617
Lenity Group, LLC
Page 4
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 Environmental Assessment 2011 -617 reflects the independent
judgment of the City.
3. That it does hereby recommend to the City Council certification of
Environmental Assessment 2011 -617, which includes a mitigated
negative declaration and associated mitigation monitoring program for the
reasons set forth in this Resolution and as stated in the Environmental
Assessment Checklist, attached and on file in the Planning Department.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 25 day of September, 2012, by the
following vote to wit:
AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson
Barrows
NOES: None
ABSENT: None
ABSTAIN: None
KATIE BARROWS, Chairperson
City of La Quinta, California
A
JOI9NSON, Planning Director
of La Quinta, California