HomeMy WebLinkAboutItem 2AFrom:Sarah Bloss
To:City Clerk
Cc:Amy Minteer; Cynthia Kellman
Subject:Need for Supplemental Environmental Review for Mixed-Use Project on Block B; 200 North Belardo Road, Case
DA-2023-0008
Date:Thursday, March 14, 2024 10:11:43 AM
Attachments:CReMa Letter to City Council re Block B Development.pdf
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Honorable Mayor and City Council Members,
Attached please find letter from Amy Minteer regarding the above-captioned subject.
Please let me know if you have any questions or concerns.
Thank you,
Sarah Bloss
Paralegal
CARSTENS, BLACK & MINTEER LLP
2200 Pacific Coast Highway, Ste. 318
Hermosa Beach, CA 90254
T: 310-798-2400 F: 310-798-2402
smb@cbcearthlaw.com
www.cbcearthlaw.com
03/14/2024
Public Comment
Item 2A
Main Office Phone:
310-798-2400
Direct Dial:
310-798-2409
Carstens, Black & Minteer LLP
2200 Pacific Coast Highway, Suite 318 Hermosa Beach, CA 90254 www.cbcearthlaw.com
Amy C. Minteer
Email Address:
acm@cbcearthlaw.com
March 13, 2024
Via Email (CityClerk@palmspringsca.gov)
Honorable Mayor and Council Members
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Need for Supplemental Environmental Review for Mixed-Use Project on Block
B; 200 North Belardo Road, Case DA-2023-0008
Honorable Mayor and City Council Members:
On behalf of the Committee to Relocate Marilyn (“CReMa”) we provide the following
comments regarding the City’s discretionary approval of a Development Agreement related to an
approved mixed-use development on Block B of the Downtown Palm Springs Specific Plan at
200 Noth Belardo Road. CReMA does not oppose the development of this site with the planned
45 residential condo units and retail space. CReMa also does not oppose the developer’s request
for a Development Agreement for this project in order to extend the project entitlements until
July 2030.
However, before the City Council can approve an ordinance for this Development
Agreement, supplemental environmental review is required. The staff report for this project
states that the City is relying on the 2009 Museum Market Plaza Specific Plan environmental
impact report (“2009 MMPSP EIR”) as the environmental review document for this project. The
California Environmental Quality Act requires the preparation of supplemental environmental
review when there are substantial changes with respect to the circumstances under which the
project is being undertaken. (Pub. Resources Code, §21166.) Here, there have been substantial
changes in circumstances since 2009. One of the streets bordering the project site, Museum Way,
is now closed to vehicular access west of the project site. This will have significant changes in
traffic patterns to and from the project site and in the surrounding area, requiring updated
analysis before the City can approve the Development Agreement.
Additionally, the 2009 MMPSP EIR found that development planned in the Museum
Market Plaza Specific Plan, later renamed the Downtown Palm Springs Specific Plan, would
result in significant and unavoidable aesthetic and air quality impacts, even after mitigation. Due
to these significant and unavoidable impacts, the City was required to make findings that Plan
03/14/2024
Public Comment
Item 2A
Palm Springs City Council
March 13, 2024
Page 2
provides significant benefits that override these impacts. (Pub. Resources Code, §21081; CEQA
Guidelines, §15093, subd. (b).) The creation of a vehicular connection from the Palm Springs Art
Museum to Palm Canyon Drive and beyond was found to be an overriding benefit of the Specific
Plan, allowing the City to approve the Plan despite significant adverse impacts. Now that
Museum Way, which provides the vehicular connection relied upon as an overriding benefit, has
been closed to vehicular traffic from the Palm Springs Art Museum to Belardo Road, this
overriding benefit has been eliminated. This is a significant change in circumstances that requires
revisions to the environmental analysis and findings before the Development Agreement can be
approved by the City.
Thank you for your time and consideration in this matter.
Sincerely,
Amy Minteer
03/14/2024
Public Comment
Item 2A