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CC Resolution 1991-100"@X II 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- BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X I 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- BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X 5 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- BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X I 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X 5 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: BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X I 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X 5 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X 5 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X I 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X I 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X II 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X I 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;. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02 "@X II 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. BIB] 08-03-1998-U01 09:16:21AM-U01 ADMIN-U01 CCRES-U02 91-U02 100-U02