CC Resolution 1991-100"@X
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RESOLUTION 91-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFYING THAT THE
ENVIRONMENTAL IMPACT REPORT PREPARED FOR SPECIFIC
PLAN 90-015 IS RECOGNIZED AS ADEQUATE AND
COMPLETE; RECOGNIZING THE OVERRIDING
CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND,
RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS
WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE
REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS
IMPLEMENTED.
WHEREAS, Landmark Land Company has proposed a Specific
Plan on 265 acres, consisting of 1060 dwelling units on 140
acres, and 125 acres of golf course and related uses; and
WHEREAS, an Environmental Impact Report hereinafter
E1R11) has been prepared and circulated, pursuant to the
requirements of the California Environmental Quality Act of 1970;
and
WI*EREAS, it is the policy of the State of California
and the City of La Quinta, in accordance with the provisions of
CEQA, as amended Public Resources Code, Section 21000 et seq.),
that the City shall not approve a project unless there is no
feasible way to lessen or avoid significant effects; meaning all
impacts have been avoided to the extent feasible or substantially
lessened and any remaining unavoidable significant impacts are
acceptable based on CEQA, Section 15093; and
WHEREAS, it is the policy of the State of California
and the City of La Quinta, in accordance with the provisions of
the California Environmental Quality Act of 1970 hereinafter
CEQA"), as amended Public Resources Code, Section 21000 et
seq.), and the State Guidelines for implementation of CEQA, as
amended California Administrative Code, Section 15000 et seq.),
that the City shall balance the benefits of a proposed project
against its unavoidable environmental risks prior to project
approval; meaning that if the benefits of a proposed project
outweigh the unavoidable adverse environmental effects, the
adverse environmental effects may be considered acceptable; and
WHEREAS, the City Council of the City of La Quinta has
read and considered all environmental documentation comprising
the EIR, has found that the EIR considers all potentially
significant environmental impacts of the proposed project, is
complete and adequate, and fully complies with all requirements
of CEQA, the State guidelines for implementation; and
RESOCC. 020/CS 1-
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WHEREAS, the City Council has reviewed and considered
certain overriding considerations to adverse impacts, the CEQA
Findings and Statements of Facts; and
WHEREAS, prior to action on the project, the City
Council has considered all significant impacts, mitigation
measures, and project alternatives identified in the EIR, has
found that all potentially significant impacts on the project
have been lessened or avoided to the extent feasible; and
WHEREAS, Section 15093(b) requires, where the decision
of the City Council allows the occurrences of significant effects
which are identified in the FEIR but are not adequately
mitigated, the City must state in writing the reasons to support
its action based on the FEIR and/or other information in the
record; and
WHEREAS, CEQA and the State CEQA Guidelines provide
that no public agency shall approve or carry out a project for
which an EIR has been completed and which identifies one or more
significant effects of the project unless the public agency makes
written findings for each of the significant effects, accompanied
by a statement of facts supporting each finding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of La Quinta does hereby certify the FEIR for Specific
Plan 90-015 as adequate and complete.
BE IT FURTHER RESOLVED that the City Council of the
City of La Quinta, in addition to findings made in the body of
the Final EIR, makes the Statements of Overriding Considerations
as shown on attached Exhibit A entitled *vStatement of Overriding
Considerations", which exhibit is incorporated herein as though
set forth at length.
BE IT FURTHER RESOLVED that the City Council of the
City of La Quinta adopts the CEQA Findings and Statement of Facts
as shown on attached Exhibit B entitled CEQA Findings and
Statements of Facts11, which exhibit is incorporated herein as
though set forth at length.
APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 3rd, day of December, 1991.
JOHNi)<M*
City of La Quinta, California
RESOCC. 020/CS 2-
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ATTEST:
City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, Ity Attorney
City of La Quinta, California
RESOCC. 020/CS 3-
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EXHIBIT IIAee
STATEMENTS OF OVERRIDING CONSIDERATIONS
1. Implementation of the project will indirectly result in
the elimination of the negative impacts associated with
vacant residential property in favor of a quality housing
development.
2. Public flood control improvements will be constructed,
thereby providing mitigation of future major flood hazard
potential which has historically resulted in considerable
property damage, inconvenience, and insecurity for the
community.
3. The proposed project is necessary to enhance the quality
of life in the project area sought as essential and
beneficial in attracting new residents, business, and
visitors to La Quinta and generally promoting increased
investment and return on property values.
4. Impacts identified as significant from project
implementation are generally associated with normal
growth, progress, and prosperity.
5. The project will be instrumental in causing new areawide
public facilities to be constructed, which will benefit
both existing development and other future adjacent
development.
6. Specific Plan project implementation will ultimately
create new jobs for facilities construction, future
development construction, the provision of public
services for a larger population base, and to staff new
business and operations associated with the Specific Plan.
7. Improvements to local roadways will occur that will
increase vehicular efficiency and local access.
8. The city's economic base will be enhanced through
revenues derived from increased sales, taxes, business
licenses, and other fees, taxes, and exactions from new
development.
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EXHIBIT B"
CEQA FINDINGS AND STATEMENTS OF FACTS
BACKGROUND
The California Environmental Quality Act CEQA) and the State
CEQA Guidelines Guidelines) promulgated pursuant thereto
provide: No public agency shall approve or carry Out a
project for which an environmental impact report has been
completed and which identifies one or more significant effects
of the project unless the public agency makes one or more of
the following written findings for each of the significant
effects, accompanied by a statement of facts supporting each
finding. The possible findings are:
1. Changes or alterations have been required in1 or
incorporated into1 the project which mitigate or
avoid the significant environmental effects as
identified in the Final EIR.
2. Such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the agency making the finding. Such
changes have been adopted by such other agency or
can and should be adopted by such other agency.
3. Specific economic, social, or other considerations
make infeasible the mitigation measures or project
alternatives identified in the Final EIR Section
15091 of the Guidelines).
Because the proposed Specific Plan 90-015 constitutes a project
under CEQA and the Guidelines, the City Council of La Quinta
has required an Environmental Impact Report EIR). This EIR
has identified certain significant effects which may occur as a
result of the project, or on a cumulative basis in conjunction
with this project and other past, present, and reasonably
foreseeable future projects. Further, the City Council desires
to approve this project and, after determining that the EIR is
complete and has been prepared in accordance with CEQA and the
Guidelines, the findings set forth herein are made:
EFFECTS DETERMINED TO BE INSIGNIFICANT
Through preparation of the Initial Study Environmental
Checklist Form), the City identified that implementation of the
project would not have any significant adverse impacts on human
health or risk of upset. These conclusions are based on the
following:
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Human Health Project implementation will improve the
existing human health conditions in the city,
specifically the flood hazard potential. Other health
hazards are not anticipated from the uses proposed in the
pro*ect.
Risk of Upset Risk hazards are not anticipated in the
event of potential future accidents due to the types of
uses/activities proposed in the project.
FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT
EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE
Seismic Safety:
PROJECT IMPACTS:
The probability of strong ground shaking on-site in response to
an earthquake is high. The San Andreas Fault Zone is the fault
system capable of producing the strongest groundshaking on-site.
It is possible that during a Richter magnitude 7.5 earthquake,
along the San Andreas Fault, the site will experience a maxirnum
ground acceleration of 39g soil) with the duration for strong
ground motion between 15 36 seconds. Repeatable ground
accelerations on-site are estimated to be 25g.
Due to the absence of known *activett faults on-site as well as
the depth of groundwater, secondary seismic impacts, such as
liquefication1 ground lurching, seismic flooding, seiches and
tsunamis are considered to be low or nonexistent. However,
settlement as a result of seismic episodes and/or heavy rainfall
and flooding, has historically occurred within the Coachella
Valley. Settlement is considered a significant potential hazard
on-site.
Findings:
1. Changes, alterations, and other measures have been
incorporated into the plan, or are otherwise being
implemented, which will mitigate this impact to the
extent feasible. Proposed mitigation measures from
the EIR have been incorporated into project approval.
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Slopes & Erosion:
PROJECT INPACTS:
Development of the project will require alterations to the
existing landform. Due to the alluvial sedimentary nature of
on-site soils remedial work is necessary to provide adequate
support for the proposed structures. Due to the flat terrain on
site1 the proposed minimal slope height of 5 feet is considered
to be very stable. Erosion from fluvial or aeolean causes may
occur on-site as a result of construction activity. This
condition will require proper measures to keep erosion under
control.
Findings:
1. Changes1 alterations, and other measures have been
made in or incorporated into the plan, or otherwise
required for subsequent environmental review, which
will partially mitigate to the extent feasible this
significant impact.
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval for the Specific Plan.
Hydrology;
PROJECT IMPACTS
Development of Specific Plan 90-015 would result in short-term
and long-term hydrologic impacts. The development and
construction phase of the proposed project would potentially
create short-term downstream impacts related to erosion and
sedimentation due to the creation of exposed soils during project
grading. However, erosion control devices can prevent erosion
and sedimentation.
Existing drainage patterns will not be affected by project
development. Runoff approximately 15.5 acre-feet or 163 cubic
feet per second) will enter the site from the upstream tributary
areas at approximately the same points as currently exist.
The amount of water discharged onto the site from upstream areas
combined with anticipated runoff from developed areas on-site
61.93 acre-feet or 301 cubic feet per second) will drain into
and be stored within the 125 acres of on-site golf course and
open space uses. The proposed golf course has been designed to
accept storm drain flows generated from a 100 year storm.
Drainage improvements on-site consist of storm drains to take
flows from the streets onto the golf course. Storm drains may
also be necessary in order to accept upstream, tributary flows
where the carrying capacity of on-site roadways is exceeded.
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Findings:
1. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval of the Specific Plan.
Noise:
PROJECT IMPACTS:
Project implementation will result in both short-term
construction noise and long-term increases in the ambient noise
environment. Most long-term noise impacts will occur along major
roadway corridors. Residences planned near these roadways could
be impacted by vehicle noise unless properly attenuated.
Findings:
1. Changes, alterations, and other measures have been
made in or incorporated into the plan1 or are
otherwise required for subsequent environmental
review which will mitigate this impact to a level of
insignificance.
Wildlife and Vegetation:
PROJECT IMPACTS:
Development of this project will require grading and clearing of
significant portions of existing vegetation. Construction in the
vicinity will result in removal of native and introduced
vegetation. As vegetation is removed, existing wildlife may also
be lost or displaced into the surrounding neighborhood.
Increased noise, dust, exhaust emissions and construction
activity may also disrupt some wildlife habitats in the areas of
other projects. It should be noted that the Fringed-toed Lizard,
which is expected to occur in the Coachella valley, is listed by
the U.S. Fish and Wildlife Service as an endangered species.
Should this species occur in the area of o*her developments it
would be considered a significant impact.
Findings:
1. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval for the Specific Plan.
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2. Impacts identified from the proposed plan are
considered significant only on a cumulative basi8 in
association with other projects occurring on a local
and regional scale.
Land Use:
PROJECT IMPACTS:
It can be anticipated that development of cumulative projects
would influence the present land use pattern in the City of La
Quinta. These projects have the potential for inducing growth
within neighboring areas, and may encourage removal of other land
from agricultural use. In addition, General Plan Amendments and
Zone Changes may be necessary to accorrtmodate the propcsed urban
uses. However, no adverse impacts to the City's General Plan or
to land use can be anticipated as a result of construction of the
cumulative developments.
Findings:
1. The unavoidable significant effect is acceptable when
balanced against facts set forth in the Statement of
Overriding Considerations, giving weight to the
remaining unavoidable significant effect.
Population S Housing:
PROJECT IMPACTS:
This project is estimated to generate approximately 3,095 persons
2.92 persons per household) at full build-out and occupancy,
though the resort/second-unit nature of the project indicates
this will likely be much less. The total project could generate
up to 848 new employees estimated); it is anticipated that this
would be high due to the low number of residents retirees,
vacationers, etc.) who would actually be in the local labor force.
Findings:
1. Changes, alterations, and other measures have been
made in or incorporated into the plan, or are
otherwise required for subsequent environmental
review which will mitigate this impact to a level of
insignificance.
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval of the Specific Plan.
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Natural and Energy Resources:
PROJECT IMPACTS:
The cumulative development of 18,785 dwelling units in the City
is expected to place an additional demand upon natural and energy
resources. These resources include the perrnanent commitment of
land to be physically altered by development, increase use of
energy and the utilization of raw materials. Site development
will require an increase in facility and manpower resources
necessary to serve the project. Fire, police, water, wastewater,
solid waste, parks, transit, hospital, library, schools,
telephone, gas, and electricity are the affected utilities and
services. Capacity and service irnpacts could occur for all
services and utilities without system and agency expansion.
Findings:
1. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval of the Specific Plan.
Aesthetics:
PROJECT IMPACTS:
Grading and site preparation of the development project will
create a significant but short term negative impact upon the
views of these various sites from surrounding areas. The degree
of permanent aesthetic impact as a result of implementation of
these projects is directly related to the degree and type of
landscape bufferin* provided coupled with the quality of the
approved land plans and provision of adequate open spa*e.
Findings:
1. Changes, alterations, and other measures have been
made in or incorporated into the plan, or are
otherwise required for subsequent environmental
review which will mitigate this impact to a level of
insignificance.
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the Conditions of Approval of the Specific Plan.
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Cultural and Scientific Resources:
PROJECT IMPACTS:
Development of the area will disturb significant existing
paleontological resources as a result of grading and excavation
activities. However, if a qualified archaeologist and/or
paleontologist is present, when necessary, during the grading
phase of development, these impacts may be substantially
mitigated. This impact may be considered positive due to the
discovery of resources that may have otherwise not been
encountered. It is likely that grading operation in the area
will uncover valuable resources which would contribute to the
archaeological and paleoenvironmental record of eastern Riverside
County.
Findings:
1. Changes, alteration, and other measures have been
made in or incorporated into the plan, or otherwise
required for subsequent environmental review, which
will partially mitigate to the extent feasible this
significant impact.
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval of the Specific Plan.
Circulation:
PROJECT IMPACTS:
Ultimate development of dwelling units and open space uses in the
project will generate a significant increase in local and
regional traffic volumes. The cumulative development projects in
the area are expected to generate a maximum total of 209,088
daily automobile trips based upon generation factor of 9.88 trips
per residential dwelling unit and 573 trips per commercial acre.
Traffic generated by these developments will impact existing
roadways, necessitating the expansion and improvement of existing
roadway networks in order to accoinrr'odate additional traffic
flows. Within developments, it will be necessary to install
circulation Systems with sufficient capacity to accommodate
traffic generated, in coordination with the regional roadway
system. With the additional roadway/intersection improvements
identified in the study, all study area intersections would
operate at Level of Service **D'* or better.
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Findings:
1. changes1 alterations, and other measures have been
made in or incorporated into the plan, or are
otherwise required for subsequent environmental
review which will mitigate this impact to a level of
insignificance
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or other wise incorporated
into the conditions of approval of the Specific Plan.
3. Impacts identified from the proposed plan are
considered significant only on a cumulative basis in
association with other projects occurring on a local
and regional scale.
Public Facilities and Services:
PROJECT IMPACTS:
Increased development in the project area will incrementally
increase the demand for public utilities and services1 including
water and sewer service; electricity and natural gas services;
telephone and television services; police and fire protection;
school and recreation facilities; public transportation; and
solid waste disposal service. Increases in utilities and
services may be considered as a growth-inducement to existing
systems that may result in expansion or extension of existing
services and facilities to serve all anticipated developments.
Findings:
1. Changes1 alterations, and other measures have been
made in or incorporated into the plan, or are
otherwise required for subsequent environmental
review which will mitigate this impact to a level of
insignificance.
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or other wise incorporated
into the conditions of approval of the Specific Plan.
3. impacts identified from the proposed plan are
considered significant only on a cumulative basis in
association with other projects occurring on a local
and regional scale;.
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SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT
BE AVOIDED IF THE PROJECT IS IMPLEMENTED
Air Quality:
PROJECT IMPACTS:
Primary impacts to air quality associated with project
implementation will occur from vehicle-related emissions.
Indirect impacts will be derived from stationary sources,
including increased electrical demand requiring combustion in
power plants. In total, project-related air quality impacts are
considered insignificant when compared to basinwide emissions.
Construction-re1a*ed impacts to air quality, including dust
generation and equipment emissions, are significant to the
vicinity, with particular regard to the nuisance associated with
dust settlement. Total area-wide primary indirect and short
term) local impacts are considered significant even in
conjunction with project approval requirements and environmental
mitigation.
Findings:
1. Changes, alterations, and other measures have been
made in or incorporated into the plan, or otherwise
required for subsequent environmental review, which
will partially mitigate to the extent feasible this
significant impact.
2. Most significant environmental effects that can be
feasibly avoided have been eliminated or
substantially reduced by virtue of mitigation
measures in the Final EIR or otherwise incorporated
into the conditions of approval for the Specific Plan.
3. Impacts identified from the proposed plan are
considered significant only on a cumulative basis in
association with other projects occurring on a local
and regional scale.
4. The remaining unavoidable significant effect is
acceptable when balanced against facts set forth in
the Statement of overriding Considerations, giving
weight to the remaining unavoidable significant
effect.
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