CC Resolution 1991-104"@
RESOLUTION 91-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFYING THAT THE
ENVIRONMENTAL IMPACT REPORT PREPARED FOR
SPECIFIC PLAN 90-017 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 220
acres, consisting of 880 dwelling units on 119 acres, and 101 acres of goff course and
related uses; and
WHEREAS, an Environmental Impact Report hereinafter EIR") has
been prepared and circulated, pursuant to the requirements of the California
Environmental Quality Act o* 1970; and
WHEREAS, 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.) tfiat 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 impd2ts 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 CEQAt*), 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 afl 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
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
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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 90-017 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
Statement 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 Facts", 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.
AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff
& Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
AUNDRA L. JU A, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
*
City of La Quinta, California
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EXHIBIT A"
STATEMENTS OF OVERRIDING CONSIDERATIONS
I. Implementation of the project will indirectly result in the elimination of the
negative impacts associated with vacant 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 area-wide 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.
9. The loss of agricultural land due to development of Specific Plan 90-017 will
be offset by the conversion of said land to urban use which will be beneficial
to the continued economic progress of La Quinta and enhancement of the
quality of available residential housing.
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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 in, or incorporated into, 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 Guideilnes).
Because the proposed Specific Plan 90-017 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 project5 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:
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 project.
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.
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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 probabillty or 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 maximum ground acceleration
of 36g soil) with the duration for strong ground motion between 15
45 seconds. Repeatable ground accelerations on-site are estimated to
be 25g.
Due to the absence of known active" faults on-site as wel] as the depth
of groundwater, secondary seismic impacts) such as liquefication,
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.
Findin*s:
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.
Slopes & Erosion:
PROJECT IMPACTS:
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 site, 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.
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Findln*s:
I. 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 substantial]y reduced by
virtue of rn*tigation measures in the Final EIR or otherwise
incorporated into the conditions of approval for the
Specific Plan.
flydrolo*y:
PROJECT IMPACTS
Development of Specific Plan 90-017 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.
Existing drainage patterns will not be affected by project developmeDt.
Runoff approximately 11.72 acre-feet) 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
11.72 acre-feet) combined with anticipated runoff from developed areas
on-site 49.50 acre-feet) will drain into and be stored within the 101
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 draahs
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.
Findin*:
1. Most significant environmental effects that can be feasibly
avoided have been eliminated or substantially reduced by
virtue of *nitigation measures in the Final EJR 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-
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term noise impacts will occur along major roadway corridors.
Residences planned near these roadways could be impacted by vehicle
noise unless properly attenuated.
Findin*s:
I. 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.
Wildlife and Ve*etation:
PROJECT IMPACTS:
Development of this project will require grading and clearing of
significant portions or existing vegetation. Construction in the vicinity
will result in removal or 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. According to the project
biologist full development of the site is not expected to pose any
significant biological impacts due to the lack of significant resources
on-site.
Findinss:
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.
2. 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.
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 accommodate the proposed 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.
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Findin*s:
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 & Housing*:
PROJECT IMPACTS:
This project is estimated to generate approximately 3,570 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 704 new employees
estimated); it is anticipated that this figure would be high due to the
low number of residents retirees, vacationers, etc.) who would
actually be in the local labor force. The project will generate minimal
employment opportunities which may slightly increase housing demand
in the local area for those employees at work on-site.
Findings:*s:
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
*ncorporated into the conditions of approval of the Specific
Plan.
Natural and Ener* 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 permanent 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 impacts could occur for all
services and utilities without system and agency expansion.
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Findin*s:
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 buffering provided
coupled with the quality of the approved land plans and provision of
adequate open space.
Findin*s:
1. Changes, alterations, and other measures have been made
in or incorporated into the plan, o* 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 ellminated or substantially reduced by
virtue of mitigation measures in the Final EIR or otherwise
incorporated into the Conditions of Approval of the
Specific Plan.
Cultural and Scientific Resources:
PROJECT IMPACTS:
Development of the area will disturb potential significant archaeological
and/or paleontological resources as a result of grading and excavation
activities. However, if a qualified archaeologist andlor 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 Hkely that grading operations in
the area will uncover valuable resources which would contribute to the
archaeological and paleoenvironmental record of eastern Riverside
County.
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Findin*:
I. 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 substantiaUy 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 gene*te a significant increase in local and regional traffic
volumes. The c*mulative 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 accommodate
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 roadwaylintersection improvements identified In the
study, all study area intersections would operate at Level of Service
D" or better.
Findin*s:
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 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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Public Facilities and Services:
PROJECT IMPACTS:
Increased development in the project area will incrementally increase
the demand for public utilities and services, Including water and r
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 way 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.
Findin*s:
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 substantiafly 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 ENVrRONMENTAL 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 basin-
wide emissions. Construction-related 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.
Findin*s
1. Changes, alterations, and other measures have been made
in or incorporated into the plan, or otherwise required for
subsequent environmental review, which will partiaUy
mitigate to the extent feasible this significant Impact.
2. Most significant environmental effects that can be feasibly
avoided have been eliminated or substantiaUy 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.
A*riculture:
PROJECT IMPACTS:
Implementation of the project proposal will result in the conversion of
farmland, both former and potential, within the project site to urban
andlor non-agricultural open space uses.
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Development of the site may increase potential interface conflicts
between urban and agricultural uses, e.g., noise, odor, and dust
intruding into adjacent urban areas and theft, vandallsm and farm
vehicle access problems in agricultural areas.
Although a Notice of Non-Renewal has been filed for the site, the
project proposes cancellation of a portion of Agricultural Preserve #74.
Development of the project will result in a loss of prime agricultural
land to urban use which is an irreversible effect of development of this
proposal.
Findin*s:
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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