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CC Resolution 1985-096B ^"0 II RESOLUTION NO. 85-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE MASTER ENVIRONMENTAL ASSESSMENT PREPARED FOR THE LA QUINTA GENERAL PLAN IS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE IMPACTS; AND, RECOGNIZING THE SIGNIFICANT ENVIRON- MENTAL EFFECTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED. WHEREAS, pursuant to California Government Code Section 65302, the La Quinta General Plan has been prepared; and WHEREAS, a Master Environmental Assessment hereinafter MEA") has been prepared and circulated, pursuant to the requirements of CEQA; 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 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 MEA, has found that the MEA considers all potentially significant environmental impacts of the proposed project is complete and adequate, and fully complies with all requirements of CEQA; and WHEREAS, the City Council has reviewed and considered certain over- riding considerations to adverse impacts, the CEQA Findings and Statement 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 MEA, and has found that all potentially significant impacts on the project have been lessened or avoided to the extent feasible; and BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0RESOLUTION NO. 85-96 WHEREAS, Section 15093(b) requires, where the decision of the City Council allows the occurrences of significant effects which are identi- fied in the MEA, but are not mitigated, the City must state in writing the reasons to support its action based on the MEA and/or other informa- tion in the record; and WHEREAS, the California Environmental Quality Act hereinafter CEQA) and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which a MEA 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 MEA as adequate and complete. BE IT FURTHER RESOLVED that the City Council of the City of La Quinta makes the Statements of Overriding Considerations as shown on attached Exhibit A entitled Statements 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 this 19th day of November 1985, by the following vote: AYES: Council Members Allen, Bohnenberger, Cox, Wolff and Mayor Pena. NOES: None. ABSENT: None. ATTEST: * * **CIT'**ERX APPROVED AS TO FORM: APPROVED AS TO CONTENT: Mj$** ***ITYMAi4GE* 2- BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0 5 EXHIBIT A" STATEMENTS OF OVERRIDING CONSIDERATIONS 1. General Plan approval is an essential means for providing a comprehensive and cohesive statement of policies which will serve as a basis for decisions relating to fulfilling current needs and anticipating future directions for the City. 2. Implementation of the General Plan will result in the elimination of negative impacts associated with blight and undirected development within the City. 3. Within the City, orderly expansion of public services and facilities will improve or provide for public health, safety and welfare and avoid the undesirable impacts of noncontiguous development. 4. The proposed project is needed to enhance the quality of life sought as essential and beneficial in attracting new residents, business, and visitors to La Quinta and generally promoting increased investment and return on property value. 5. Impacts identified as significant are generally associated with normal growth, progress, and prosperity. 6. 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. 7. The General Plan implementation will ultimately create new jobs for facilities construction, future development construc- tion, the provision of public services for a larger population base, and to staff new business. 8. The city's economic base will be enhanced through revenues derived from increased sales, business licenses, hotel occupancy, and other fees, taxes, and exactions from new development. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0 I EXHIBIT B" CE*A FINDINGS AND STA** OF FACTS *GROUND The California Environmental Quality Act CE*) and the State CE*A Guidelines Guidelines) pranulgated pursuant thereto provide: public agency shall approve or carry out a project for which an environ- mental impact report has been co*leted and which identifies one or n*re significant effects of the project unless the public agency makes one or ir*re of the following written findings for each of the significant effects, ac*enied 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/MEA. 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/MEA Section 15091 of the Guidelines). The City of La Quinta proposes to approve the La Quinta General Plan". Because the proposed action constitutes a project under CEQA and the Guidelines, the City of La Quinta has prepared a Master Environmental Assessment MEA). This MEA 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 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: *CTS * TO BE INSIGNIFICANT Through preparation of the Initial Study Environmental Checklist Form), the City identified that implementation of the project *,*ould not have any significant adverse impacts on light and glare, human health, aesthetics, and risk of upset. These conclusions are based on the following: Light and Glare Impacts associated with light and glare will be identified, as they occur, prior to approval or implementation of development or improvement projects within the City. Human Health Project implementation will improve the existing hunan health conditions within the City, specifically by eliminating or significantly reducing hazards associated with flooding, ffres, hazardous materials, noise and disasters. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0CEQA FINDINGS J*ND STATE**T OF FA*S Page 2. Aesthetics Project jnpl*rentation will result in a positive ilT!pact on existing and future urban design of the City by the development of Thiage corridors along major streets, the incorporation of special design considerations into proposed develop(nent projects within the City, and the establishment of appropriate landscaping and design standards. Risk of *set Risk of upset of hazardous materials is not anticipated in the event of future accidents due to the types of land uses proposed to be developed within the project area. FINDINGS AND FA*S IN SUPPO* OF FINDINGS FOR SIGNlFICZ*T ENVIRONMENTAL E*ECTS OF ThE P*ECT EF**S DE*TE**N* TO BE MITIG*BLE To A LEVEL OF INSIGNIFICANCE*NCE *drology/Flood Control Impacts Project jirplementation will result in the construction of residential and ca*ercial development in areas currently subject to flooding or drainage hazards. Development will permanently modify existing drainage patterns. The increase in urban development will increase the air*unt of ippe***eable surface area, increasing the an*unt of run-off and altering the areas of water percolation into the soil. 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. a. Priority shall be given to the relief of flood problems affecting existing development rather than to facilitate new development. b. A capital in*rovenent program shall be established for future flood control facilities. c. All new development shall be consistent with the adopted La Quinta Redevelopment Project for flood control. d. A city-wide drainage plan shall be developed and jit*lemented. 2. *st significant environmental effects that can be feasibly avoided have been eliminated or substantially reduced by virtue of mitigation measures in the Final * or otherwise incorporated into the policies of the General Plan. Geology/Soils I*tpacts. Project implementation will ultimately result in n*re persons and buildings being exposed to seismic hazards, including groundshaking, liquefaction, and land subsidence. In addition, certain soils in the project area present constraints to development. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0 5 *A FINDINGS AND STAT**** OF F*S Page 3. Findings. 1. Changes, alterations, and other measures have been incorporated into the project, or are otherwise being ixtpl*nted, which will mitigate these impacts to a level of insignificance. a. New development shall conform with the latest Uniform Building Code or state-of-the-art rec*ndations of the Structural Engineers Association of California for seismic considerations in the design of structures. b. The City's disaster preparedness plan shall include emergency procedures for earthquakes and similar situations. c. Buildings and other facilities which are seismically unsound shall be identified and progrartir*d for rehabilitation or r*val. Historic/Cultural Pesources *pacts. Since there is a high potential for discovery of archaeological and paleontological materials in portions of the City, development in accordance with the General Plan could disrupt or destroy these resources. E)cisting historic buildings and features could also be affected by future growth. Findings. 1. Changes, alterations, and other measures have been incorporated into the plan, or are otherwise being implemented, which will mitigate this in pact to the extent feasible. a. DEVELOPMENT plans shall be reviewed to identify any project related impacts to archaeological sites. Appropriate mitigation measures shall be required where necessary to protect known cultural resources. b. The City shall identify historic and cultural resources within the City by reviewing existing historic surveys or conducting additional surveys. Appropriate mitigation measures shall be required as necessary to protect these identified resources. Noise Ir*pacts. Project Implementation will result in both short-term construction noise and long-term increases in the anibient noise environment. *st long- term noise impacts will occur along major roadway corridors, although impacts from stationary sources will also increase. Pesidences 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 plan, or are otherwise required for sun- sequent environmental review which will mitigate this impact to the extent feasible. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0 a *A FINDINGS l* STAT*ME*** OF F*S Page 4. a. Require subsequent focused environmental review, including noise assessnents, for site-specific developeents to determine the direct effect on area ai*ibient noise levels, and the inpact of existing and future noise sources on the developeent. b. Require all new developeent to ca*ply with all local and State noise standards for building design and land use car*tibility. a. Provide appropriate noise barriers to mitigate Th*acts on existing developeent. *oonity Services and Facilities Impacts. Growth induc*t*nt will create an increase in the d*nand for fire, police, park, hospital, school, library facilities and other c*ttm*ity services and facilities. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being inpl*t*ted, which will mitigate this inpact to a level of insignificance. a. The infrastructure fee program for new developeent shall include support for expansion of carr*tti:*ity services and facilities. b. Require all new developeent to ccoply with the Cityts requirements for parkiand dedication and acquisition. a. Coordinate with other agencies to provide adequate school, library and health care facilities. public utilities Impacts. GrowLh inducement will create an increase in the consurt*tion and generation of water, wastewater, telephone, gas and electrical utilities. Existing systems are currently unable to manage the increases necessary to acc**te ultimate growth. Growth inducement in the Cove area will c*tpound utility deficiencies. Findings. 1. Changes, alterations, and other measures have been made in or incorporated into the project, or are otherwise being i'r*leeented, which will mitigate these inpacts to a level of insignificance. a. Coordinate with the affected utility providers to ensure that adequate capacity exists to serve future developeent as the City develops. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0 I *A FINDINGS *ND STATh** OF FACTS Page 5. b. *quire new develo*nt to provide appropriate *rovenents to dar*stic water distribution and sewage collection syst*ns. C. Coordinate with the appropriate utility providers to upgrade substandard facilities within existing developed areas. 2. *st significant environmental effects that can be feasibly avoided have been eliminated or substantially reduced by virtue of mitigation ir*asures in the Final MEA or otherwise incorporated into the policies of the General Plan. 3. Thpacts identified fr* the proposed plan are considered significant only on a cixrtulative basis in association with other projects occurring on a local and regional scale. Energy Inpacts. Energy will be consuued on the project site for lighting, air- conditioning, cooking, water and space heating1 and transportation needs. Findings * 1. *anges, alterations, and other neasures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate this jitpact to a level of insignificance. a. Pr*te developnent designs which have reduced energy consu[tption d*ands. b. support the policies with the Air Quality" section which prcmote the use of non-*torized transportation or public transportation. 2. *st significant environeental effects that can be feasibly avoided have been eliminated or substantially reduced by virtue of mitigation neasure in the Final MEA or otherwise incorporated into the policies of the General Plan. 3. Thpacts identified fr* the proposed plan are considered significant only on a cuuulative basis in association with other projects occurring on a local and regional scale. SI*IFICANT ENVIPONMENTAL IMPACTS WHI* CANNOT BE AVOIDED IF ThE P*EC'T IS IMPL*E**IED Traffic/Circulation Irrpacts. Future developeent in the city will generate large guantities of vehicular trips, both in the project area and on adjacent roadways. Traffic congestion will occur without future roadway Thprovenents, and deteriorated roadway surface conditions will be aggravated in the Cove area. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0 FINDINGS *ND *AT*ENT OF FA*S Page 6. Findings 1. A*ianges, alterations, and other measures have been made in or incorporated into the plan, or are otherwise being imalemented, which will mitigate this impact to the extent feasible. a. Pequire subsequent focused enviror**ntal review, including traf fic analysis, for site-specific develo*xt*nt projects to determine cumulative vehicular impacts on the local circulation system. b. Pequire, as conditions of develo*ent approval for future developeent, the btprovement of local streets and highways to their master-planned designation as necessary to provide a satisfactory level of circulation service and to satisfactorily mitigate develo*nt*enerated traffic impacts. c. Install road and bridge inprovements on an 11as warrented has is'1 as determined by a traffic monitoring program. d. MaxImize the carrying capacity of City streets while minImizing safety conflicts by regulating access, providing adequate intersection jn*rovements, installing appropriate traffic control devices and by providing special road*ay design features where warranted. e. Incorporate the mitigation measures identified in the Climate/Air Quality section of this report to reduce vehicular trips, trip lengths, and automobile dependency. 2. *st significant environmental effects that can be feasibly avoided have been eliminated or substantially reduced by virtue of mitigation measures in the Final * or otherwise incorporated into the policies of the General Plan. 3. Inpacts identified in the proposed plan are considered significant on a cuuulative basis in association with other projects occurrinq on a local or regional scale. Climate/Air Ouality Impacts. **lementation of the project will result in both short-term and long-term impacts to the area' 5 air quality. Short-term impacts will occur during construction as phased development of the c*tttu:*ity occurs. Long- term impacts are associated with development habitation, including both mobile and stationary source emissions. Findings 1. Changes and other measures have been made in or incorporated into the plan, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact, including the following: BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0CE** FINDINGS *ND STZ*I*XE**T OF FACTS Page 7. a. All future developeent shall co*ly with the resolutions outlined in *apter 19 of The **Southeast Desert Air Basin Control Strategy," February 1980 a revision to The State Th*lementation Plan). Specifically, all future developeent must c*tply with The requireeents of The following plans: 1) Air Ouality Managenent Plan, Southeast Desert Air Basin, Riverside County, 1979. 2) Air Besources Board Resolution 79-79, *venber 1979. 3) Air Resources Staff Report, October 1979. b. *munitywide planning strategies should stress the reduction of vehicular trips and trip lengths through encouraging c***rcial services convenient to residences, and alternative transportation facilities such as bicycle lanes, increased public transit, and capocoling. c. *re routine bus service should be encouraged as new grctth occurs. Additional bus stop locations should be planned to invite bus ridership. d. All new development shall litpleeent dust control programs during construction. 2. Nost significant enviro*ental effects that can be feasibly avoided have been eliminated or substantially reduced by virtue of mitigation measures in the Final MEA or oTherwise incorporated into The plan as set forth in *l" above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to The remaIning unavoidable significant effect, and in view of The following fact: a. Irt*acts 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. Biological Resources Inpacts. Wildlife and vegetative habitats will be t*porarily subjected to short-term construction ir*p acts flood control construction and land developeent) and permanently jir*acted by the long-term habitation of forn*rly vacant land. The chanqe from native vegetation and agricutural uses will eliminate or significantly alter habitat and foraging areas. The increase in human activity and urban growth will also have cumulative adverse effects. Findings 1. Changes, alterations, and other measures have been made in or incorporated into The plan, or are otherwise being Th*lemented, which will mitigate these i*pacts to The extent feasible. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0*A FINDIN*S ANU STATE** OF F*S Page 8. a. New developeent shall c*ly with the City's adopted policies and plans regarding the protection or mitigation of inpacts on rare and endangered species. b. Focused environeental review for specific develo**r*nt projects shall be required as appropriate. 2. *st significant environeental effects that can be feasibly avoided have been eliminated or substantially reduced by virtue of mitigation *asures in the Final MEA or otherwise incorporated into the policies of the General Plan. 3. The r*naining unavoidable significant effect is acceptable when balanced against the facts set forth in the Overriding Considerations, giving weight to the r*naining unavoidable significant effect. Land Use i*pacts. * agricultural lands will be converted to urban uses. Findings 1. Specific econ*c, social, or other considerations make feasible mitigation *asures or project alternatives not selected in that: a. Developeent of agricultural lands within the City limits area is essential to achieving the objectives of the General Plan. b. pelocation of open space and agricultural lands in other locations to offset their loss to urban developeent may not be feasible due to the absence of available sites. 2. The unavoidable significant effect is acceptable when balanced against facts set forth in the Stat*nt of Overriding Considerations, giving weight to the r*naining unavoidable significant effect. I*tpacts. Develo*lr*nt fr*n growth induce*t*nt will result in increases in population and intensification of urban uses. The anount of open space will be reduced to accart*rdate urban developeent as envisioned in the City's General Plan. Findings 1. Changes, alterations, and other measures have been made or incorporated into the plan, or are otherwise being jir*lemented. a. Encourage existing agricultural land within the City to r*nain in production to the extent feasible. b. Procote development of land within the City limits prior to the expansion of the urbanized area into agricultural area within the sphere of influence. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02 B ^"0CE*A FINDINGS IND STATEME*** OF FA*S Page 9. C. Future planning efforts within the project area should recognize the ult*jnate developeent potential afforded by plan ilr*l*ntation with particular regard to increases in population, traffic, land use intensities, a***ient noise and air quality enviroim*nts, and provision of public services and utilities. 2. *st significant environrt*ntal effects that can be feasibly avoided have been elimited or substantially reduced by virtue of mitigation ir*asures in the Final MEA or otherwise incorporated into the plan as set forth in lv' above. 3. The r*naining unavoidable significant effects are acceptable when balanced against the facts set forth in the Stat*nt of Overriding Considerations, giving greater weight to the r*naining unavoidable significant effect, and in view of the following fact: a. Irtpacts identified fran the proposed plan are considered significant only on a cuuulative basis in association with other projects occurring on a local and regional scale. BIB] 11-06-1997-U01 03:56:33PM-U01 ADMIN-U01 CCRES-U02 85-U02 96-U02