CC Resolution 2008-042RESOLUTION 2008-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA CERTIFYING THE FINDINGS OF
A FINAL ENVIRONMENTAL IMPACT REPORT 2005-560
(STATE CLEARINGHOUSE #2007021060) PREPARED FOR
TENTATIVE TRACT MAP 33848 AS BEING ADEQUATE
AND COMPLETE; AND RECOGNIZING SIGNIFICANT
ADVERSE ENVIRONMENTAL IMPACTS WHICH CAN BE
REASONABLY MITIGATED TO A LEVEL OF
INSIGNIFICANCE IF THE PROPOSED PROJECT IS
IMPLEMENTED
CASE NO.: ENVIRONMENTAL IMPACT REPORT 2005-560 (SCH #2007021060)
APPLICANT: DAVID MAMAN DESIGNS
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 171" day of June, 2008 hold a duly noticed Public Hearing to consider a request by
David Maman Designs for approval of Environmental Impact Report 2005-560,
prepared for Tentative Tract Map 33848, located on the south side of Avenue 58
approximately 510 feet west of Monroe Street, more particularly described as:
NE'A OF THE NE'A OF SECTION 27, T6S, R7E, SBM; APN: 764-180-003
WHEREAS, it was determined pursuant to California Environmental
Quality Act of 1970 ("CEQA"), (Public Resources Code § 21000, et seq.); and the
CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 et seq.) that the Project
could have a significant effect on the environment, and thus warranted the preparation
of an Environmental Impact Report ("EIR"); and
WHEREAS, on the 14"' day of February, 2007, the City of La Quinta, as
lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the
Environmental Impact Report; mailed that NOP to public agencies, organizations, and
persons likely to be interested in the potential impacts of the proposed Project; and
WHEREAS, the City thereafter caused to be prepared a Draft
Environmental Impact Report ("DEIR"), which, taking into account the comments it
received on the NOP, described the Project and discussed the environmental impacts
resulting therefrom, and on the 4'h day of April, 2008 circulated the DEIR for public
and agency comments, pursuant to the requirements of the California Environmental
Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code
'21000, et seq.); and
Resolution 2008-042
Environmental Impact Report 2005-560
Tentative Tract 33848
June 17, 2008
Page 2
WHEREAS, the public comment period for the DEIR closed on May 19,
2008; and,
WHEREAS, the City has reviewed the comments received on the DEIR,
has prepared full and complete responses thereto, and on June 6, 2008, distributed
the responses in accordance with Public Resources Code Section 21092.5; and,
WHEREAS, the Historic Preservation Commission, at their meeting held on
the 15th, day of June, 2006, reviewed the paleontological resources survey for the
project, identified as Appendix H within the DEIR, and adopted Minute Motion 2006-
008, recommending approval of the paleontological resources survey to the City
Council, subject to staff -recommended conditions; and
WHEREAS, the Historic Preservation Commission, at their meeting held on
the 17`n day of April, 2008, reviewed the DEIR and cultural resource survey, identified
as Appendix C within the DEIR, and adopted Minute Motion 2008-01 1, recommending
approval of the cultural resource survey to the City Council, subject to staff -
recommended conditions; and
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 27`h day of May, 2008, hold a duly -noticed public hearing to consider the
information presented in the Draft Environmental Impact Report, along with the request
of the applicant for approval of Tentative Tract Map 33848 to allow the subdivision of
a 4.8± acre parcel into 12 single family residential lots and other parcels, and did in
fact recommend such approval to the City Council; and,
WHEREAS, the City Council has reviewed and considered the information
pertaining to the Environmental Impact Report at a duly -noticed public hearing held on
June 17`h, 2008; and,
WHEREAS, it is the policy of the State of California and the City of La
Quinta, in accordance with the provisions of CEQA, that the City shall not approve a
project unless there is no feasible way to lessen or avoid significant adverse
environmental impacts, which means that all adverse environmental impacts have been
avoided to the extent feasible or substantially lessened, based upon the City's findings
and determinations consistent with CEQA; and,
Resolution 2008-042
Environmental Impact Report 2005-560
Tentative Tract 33848
June 17, 2008
Page 3
WHEREAS, prior to action on the Project, the City Council considered all
potentially significant adverse environmental impacts, mitigation measures, and
proposed project alternatives identified in the Final Environmental Impact Report, and
has found that all potentially significant adverse environmental impacts which may be
caused by the Project can be feasibly reduced to a level of insignificance with the
implementation of the mitigation measures and that the City Council has determined
that the proposed alternatives to the Project do not: 1) meet the City's and/or
applicant's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not
environmentally superior; and
WHEREAS, the City Council of the City of La Quinta has read and
considered all documentation comprising the Final Environmental Impact Report
("FEIR"), and has found that the FOR considers all potentially significant adverse
environmental impacts which may be caused by the proposed project, and determined
it is complete and adequate, that it fully complies with all requirements of CEQA, and
reflects the City Council's independent judgment; and,
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said City Council did find the
following facts, findings, and reasons to justify the adoption of said Draft
Environmental Impact Report:
SECTION 1. Certification. Based on its review and consideration of the FEIR as
presented, the City Council certifies the EIR for the Project and that the FEIR has been
prepared in compliance with CEQA and the State and local CEQA Guidelines. The City
Council adoption and certification of the FEIR reflects the City Council's independent
judgment and analysis. The City Council further certifies that the FEIR was presented
to the City Council and that the City Council reviewed and considered the information
contained in it prior to recommending approval of the Project.
SECTION 2. CEQA Findings and Statement of Facts. Pursuant to CEQA Guidelines
Section 15091, the City Council of the City of La Quinta, California has reviewed and
adopts the following CEQA Findings and Statement of Facts:
Finding A• Public Health Safety, and Welfare
The proposed application will not be detrimental to the health, safety, or general
welfare of the community, either indirectly, or directly, in that no significant
unmitigated impacts were identified by Environmental Impact Report 2005-560.
Resolution 2008-042
Environmental Impact Report 2005-560
Tentative Tract 33848
June 17, 2008
Page 4
Finding B: Wildlife, Habitat, and Natural Resources
Development of the proposed project site has the potential to impact burrowing owls
and seasonal migratory birds. However, mitigation measures included in the project
approval will reduce any potential impacts to less than significant levels. These
required mitigation measures include a biological survey of the project site to be
conducted prior to any groundbreaking activity in order to identify and mitigate any
potential impacts on seasonal migratory birds and burrowing owls.
Development of the proposed 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, or
reduce the number or restrict the range of rare or endangered plants or animals, either
indirectly, or directly, in that no significant unmitigated impacts were identified by
Environmental Impact Report 2005-560.
Finding C: Historic, Cultural and Paleontological Resources
Due to the potential to impact cultural and paleontological resources, the project has
been conditioned to require qualified on -site archaeological and paleontological
monitors during all ground breaking activities, one of which shall include a Native
American tribal member, empowered to stop and redirect earth moving activities as
necessary to identify, study, and catalogue any identified resource. As a result, these
mitigation measures included in the project approval will reduce the potential impacts
to less than significant levels.
Although development of the project has the potential to significantly impact an
example of the major periods of California history or prehistory, an identified historic
resource consisting of an adobe house, the Environmental Impact Report has analyzed
the history, composition, and condition of the adobe house and has determined that
any impacts resulting from the loss of the historic resource can be mitigated through a
detailed HABS/HEIR documentation and recordation process, thus reducing the
potential significant impacts to less than significant levels.
Finding D: Air Quality
The proposed project will not have environmental effects that will adversely affect the
human population, either directly or indirectly. The proposed project does not have the
potential to adversely affect human beings, due to air quality and noise impacts.
Resolution 2008-042
Environmental Impact Report 2005-560
Tentative Tract 33848
June 17, 2008
Page 5
Finding E: Geotechnical Hazards
As the Environmental Impact Report has identified the potential for liquefaction on the
project site during an earthquake, the proposed project has the potential to experience
a potentially significant impact. However, with the mitigation measures requiring all
structures constructed on the site to comply with rigid mat or grade -beam reinforced
foundations, any potential impacts from liquefaction will be reduced to less than
significant levels.
Finding F: Hazards and Toxic Materials
The existing structure and surrounding property may contain lead -based paints,
asbestos particles, or residual fertilizers or pesticides, which have been identified in the
Environmental Impact Report as potentially significant impacts which require
mitigation. As a result, the project has been conditioned to prepare a Phase I
Environmental Assessment, thus reducing the potential significant impacts to less than
significant levels.
Finding G• Consistency with the General Plan
The proposed project does not have the potential to achieve short-term environmental
goals, to the disadvantage of long-term environmental goals, as the proposed project
supports the long term goals of the General Plan by providing a variety of housing
opportunities for City residents. The project is consistent with the General Plan.
Finding H: Cumulative Impacts
The proposed 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 area will not be significantly
affected by the proposed project. No significant potential effects on environmental
factors which cannot be adequately mitigated have been identified by Environmental
Impact Report 2005-560.
Finding 1• Consideration of the Entire Record
The City Council has read and considered the Environmental Impact Report, and finds
that based upon the information which is currently available to it, the City Council has
determined that the content complies with Article 9 of the CEQA Guidelines, Sections
15120 through 15131, and further finds that the Environmental Impact Report reflects
the City's independent judgment. Based upon the information presented to the City
Resolution 2008-042
Environmental Impact Report 2005-560
Tentative Tract 33848
June 17, 2008
Page 6
Council, the City Council finds that with respect to content and processing, the
Environmental Impact Report has been prepared in compliance with CEQA and the
State and local CEQA Guidelines. The City Council further certifies that the
Environmental Impact Report was presented to the City Council, and that the City
Council reviewed and considered the information contained in it prior to making its final
determinations regarding the Project.
SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public Resources
Code Section 21081.6, the Mitigation Monitoring and Reporting Program for the
Project is hereby adopted as "Exhibit A."
SECTION 5. Location and Custodian of Record of Proceedings. The custodian of the
records and proceedings shall be the Planning Director, and such records and
proceedings shall be on file in the Planning Department in the City of La Quinta,
California.
SECTION 6. Notice of Determination and Completion. The City Council requires that
the Planning Department file a Notice of Determination with the County Clerk of the
County of Riverside and with the State Office of Planning and Research within five
working days of City Council approval.
SECTION 7. Certification, Posting and Filing. This Resolution shall take effect
immediately upon its adoption by the City Council of the City of La Quinta, California,
and the City Clerk shall certify to the vote adopting this Resolution and shall cause a
certified copy of this Resolution to be filed. The City Clerk shall post the Resolution in
three conspicuous places in the City of La Quinta.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
City Council for this case.
2. That the City Council of the City of La Quinta, California, does hereby certify
Environmental Impact Report 2005-560 (SCH# 2007021060) for Tentative
Tract Map 33848 as adequate and complete and in compliance with the
requirements of CEQA for the reasons set forth in this Resolution.
3. That Environmental Impact Report 2005-560 (SCH# 2007021060) reflects the
independent judgment of the City.
Resolution 2008-042
Environmental Impact Report 2005-560
Tentative Tract 33848
June 17, 2008
Page 7
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 17`n day of June, 2008, by the following vote to wit:
AYES: Council Members Henderson, Kirk, Sniff, Mayor Adolph
NOES: Council Member Osborne
ABSENT: None
ABSTAIN: None
ATTEST:
VERONICA
City of La Ouir
(CITY SEAL)
NTECINO, CMC, City Clerk
California
APPROVED AS TO FORM:
ERI E JENSON, Attorney
City of La Quinta, California
a, aa"'
DON ADOL15H, Maio)
City of La Quinta California
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