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PC Resolution 2013-027PLANNING COMMISSION RESOLUTION 2013 - 027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING PROGRAM UNDER ENVIRONMENTAL ASSESSMENT 2013-629 CASE NO.: ENVIRONMENTAL ASSESSMENT 2013-629 GENERAL PLAN AMENDMENT 2013-126 ZONE CHANGE 2013-144 APPLICANT: HAMMER FAMILY TRUST WHEREAS, the Planning Commission of the City of La Quinta did, on the 12t" day of November, 2013, hold a duly noticed Public Hearing to consider the proposed General Plan Amendment and Zone Change applications (hereinafter, "Project"); and, WHEREAS, the Community Development Director has determined that although the proposed Project could potentially have a significant effect on the environment, there will not be a significant effect in this case as a result of mitigation measures incorporated into the Project approval that will mitigate or reduce any potential impacts to a level of non -significance. Therefore, the Community Development Director is recommending that a Mitigated Negative Declaration of environmental impact and associated Mitigation Monitoring Program be certified under Environmental Assessment 2013-629, 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 City did mail and publish a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Public Resources Code Section 21092 on the 5tn day of November, 2013 to the Riverside County Clerk; and WHEREAS, upon hearing and considering all testimony and arguments, if 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: That the Mitigated 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 Planning Commission Resolution 2013 - 027 Environmental Assessment 2013-629 Hammer Family Trust Adopted: November 12, 2013 Page 2 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, including the Mitigation Monitoring Program, 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 2013-629 that cannot be mitigated under the Mitigation Monitoring Program. 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 2013-629 that cannot be mitigated by the Mitigation Monitoring Program. 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. Planning Commission Resolution 2013 - 027 Environmental Assessment 2013-629 Hammer Family Trust Adopted: November 12, 2013 Page 3 8. The Planning Commission has considered the proposed Mitigated Negative Declaration and associated Mitigation Monitoring Program, and any comments received to date thereon, and there is no substantial evidence in light of the entire record that the project may have a significant effect on the environment that cannot be mitigated by the Mitigation Monitoring Program. The Project is a land use action and development of the Project site will require further entitlement review(s), at which time the mitigation measures attached to the Project approval will be implemented. 9. The Planning Commission has considered Environmental Assessment 2013-629 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, including the Mitigation Monitoring Program, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code §71 1.2. 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, Community Development 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: SECTION 1. That the above recitations are true and correct, and constitute the findings of the Planning Commission in regard to this Environmental Assessment. SECTION 2. That it does hereby recommend to the City Council certification of a Mitigated Negative Declaration of Environmental Impact and associated Mitigation Monitoring Program for Environmental Assessment 2013-629 (Exhibit "A") for the reasons set forth in this Resolution and as stated in the Initial Study (Exhibit "B"), on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission Resolution 2013 - 027 Environmental Assessment 2013-629 Hammer Family Trust Adopted: November 12, 2013 Page 4 AYES: Commissioners Blum, Wright, and Chairperson Barrows NOES: Commissioner Weber ABSENT: Commissioner Wilkinson ABSTAIN: None KATIE BARROWS, Chairperson City of La Quinta, California ATTEST 516 JO SON, Community Development Director ity o La Quinta, California EXHIBIT "A" MITIGATED NEGATIVE DECLARATION Pursuant to the procedures of the City of La Quinta for the implementation of the California Environmental Quality Act, the City has completed an Initial Study for the project described below: Project: General Plan Amendment/Zone Change; Hammer Family Trust City Case No.s: Environmental Assessment 2013-629 General Plan Amendment 2013-126 Zone Change 2013-144 Project Location: Southwest corner of Avenue 58 and Monroe Street, in the City of La Quinta Project Proponent: WILLIAM J. HAMMER/KIM M. HAMMER TRUSTEES; HAMMER FAMILY TRUST PO Box 278 Palm Desert, CA 92211 Project Description: The City of La Quinta is processing General Plan Amendment (GPA) and Zone Change (ZC) applications requested for a 4.35 gross acre site at the southwest corner of Monroe Street and Avenue 58, which is a partial holding of the Hammer Family Trust (map attached). The application proposes an amendment to the La Quinta General Plan Land Use Map, from the current Low Density Residential (Up to 4 units/acre) to General Commercial. A zone change application is also proposed, to change the underlying zoning of Low Density Residential (RL) to Neighborhood Commercial (CN). At this time, no development application has been proposed. Summary of Impacts: Attached is the Initial Study prepared for the Hammer Family Trust; General Plan Amendment 2013-126 and Zone Change 2013-144. The Initial Study reviews potential environmental effects associated with the proposed project. Please review the Initial Study for more information. Availability of Documents: The Initial Study and all documents referenced therein, are available for review at the City of La Quinta Community Development Department, located at 78495 Calle Tampico, La Quinta, CA 92253.