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HomeMy WebLinkAbout25243RESOLUTION NO. 25243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VACATION AND ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST IN PUBLIC RIGHT-OF-WAY FOR VEHICULAR ACCESS OVER A PORTION OF MUSEUM WAY FROM BELARDO RD. TO MUSEUM DR., SHOWN ON PARCEL MAP 36446 PARCEL MAP BOOK 238/31-34 (ENG. FILE R 23-15-0250), DIRECTING STAFF TO RESERVE A PUBLIC UTILITY EASEMENT FOR PEDESTRIAN AND NON - MOTORIZED ACCESS AND FOR PUBLIC UTIILITIES, ADOPTING ADDENDUM #3 TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN FINAL EIR AND DETERMINING THAT IN ACCORDANCE WITH PUBLIC RESOURCES CODE SECTION 21166,SECTIONS 15162 AND 15164 OF THE CEQA GUIDELINES THE PROPOSED ACTION WOULD NOT RESULT IN ANY NEW OR MORE SIGNIFICANT IMPACTS THAN THOSE IDENTIFIED IN THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND ' REPORTING PROGRAM WHEREAS, the California Streets and Highways Code Division 9, Part 3, Chapter 3, Section 8320 allows the City to consider vacating public streets under certain conditions. In this case, the City Council may vacate a public street or service easement through the adoption of a Resolution with a Public Hearing and cause the publishing and posting of the hearing notices as required by this chapter. WHEREAS, in accordance with California Streets and Highways Code Section 8313 and California Government Code Section 65402, the proposed and partial vacation and abandonment of public right-of-way for public vehicular access over a portion of Museum Way from Belardo Road to Museum Drive, (hereinafter the "Vacated Area") requires review by the City of Palm Springs Planning Commission. WHEREAS, Desert Water Agency has agreed to the subject right-of-way vacation on the condition that its underground facilities be abandoned and relocated. WHEREAS, Southern California Edison and Southern California Gas Company have agreed to the subject right-of-way vacation on the condition that a Public Utility Easement be reserved for public utilities to protect Southern California Edison and Southern California Gas to protect their underground facilities within the proposed vacation area. Resolution 25243 Page 2 WHEREAS, the Planning Commission considered the proposed vacation at its June I 26, 2024, meeting, and determined that the vacation of the Vacated Area was consistent and in conformance with the 2007 General Plan. WHEREAS, the City Council has conducted a public hearing, considered all evidence submitted concerning the Vacated Area, as further described on Exhibit "A" and as shown on Exhibit "B", attached hereto and made a part hereof, and determined that the Vacated Area is unnecessary for present public use as to motorized vehicle travel because alternate travel routes between Belardo Road and Museum Drive are available to motorized vehicles with minimum change in total time traveled when using a motorized vehicle. WHEREAS, in accordance with Public Resources Code Section 21166 and Sections 15162 and 15164 of the CEQA Guidelines, the City evaluated the street vacation and potential permanent placement of the Forever Marilyn statue and found that some changes or additions to the Museum MarkeT Plaza Specific Plan Final Environmental Impact Report (FEIR) are necessary, but the proposed project modifications do not require preparation of a subsequent EIR, because the proposed modifications will not result in new or substantially more significant environmental impacts compared with the impacts disclosed in the FEIR and none of the conditions identified in CEQA Guidelines section 15162 have occurred. WHEREAS the City has prepared a proposed Addendum (Addendum #3) to the FEIR that evaluates the potential environmental impacts of the vacation of Museum Way between Belardo Road and Museum Drive, as well as the potential permanent placement of the Forever Marilyn statue at a location within the project area, and found that no new significant impacts would occur as a result of the proposed Project; nor would there be any substantial increase in the severity of any previously identified adverse environmental impacts; and there is no new substantial information which was not known at the time that the FEIR was prepared showing that the proposed Project will result in any more significant new or previously analyzed impacts than those analyzed in the FEIR. The Addendum to the previously certified FEIR, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program is consistent with the requirements of CEQA Guidelines Section 15164. WHEREAS the City Council has reviewed all public comments received concerning Addendum #3, including but not limited to the June 25, 2024 letter submitted on behalf of CReMa, and has determined that such public comments fail to provide any substantial evidence showing any of the conditions identified in CEQA Section 15162 have occurred. Specifically: (1) there are no new or more severe significant impacts that would require substantial changes to the FEIR; (2) there are no new or more severe significant impacts that would result in substantial changes with respect to the circumstances under which the proposed project will be undertaken; (3) there is no new information of substantial importance that was not known or could not have been known when the FEIR was certified that shows the project will have new significant ' effects not previously identified; previously identified significant effects will be Resolution 25243 Page 3 ' substantially more severe; there are new feasible mitigation measures that would substantially reduce previously identified significant effects but that the project applicant declines to adopt; there are feasible alternatives that would substantially reduce previously identified significant effects but that the project applicant declines to adopt. The City Council finds that the substantial evidence in the record, including Addendum #3, the Response to Comments and the staff report dated July 25, 2024, demonstrate that the findings of Addendum #3 are correct. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Section 2. The City Council adopts Addendum #3 to the Museum Market Plaza Specific Plan Final Environmental Impact Report, based on the findings in this Resolution and the record of proceedings, and directs City staff to file a Notice of Determination with the County of Riverside and the Office and Planning and Research, State Clearinghouse. The record of proceedings is maintained in the City Clerk's office at City Hall. Section 3. The California Streets and Highways Code Division 9, Part 3, Chapter 3, ' Section 8320 allows the City to consider vacating public streets under certain conditions. Staff did cause the publishing and posting of the public hearing notices as required by law. Section 4 In accordance with California Streets and Highway Code Section 8313 and California Government Code Section 65402, the proposed vacation and abandonment of the Vacated Area, as described in Exhibit "A" and depicted in Exhibits "B", attached hereto and made a part hereof, was considered and reviewed for consistency with the General Plan by the City of Palm Springs Planning Commission on June 26, 2024, and found by the Planning Commission to be in conformity with the General Plan. Section 5. The City Council does hereby find that the proposed vacation and abandonment of the Vacated Area is unnecessary for present public use as to motorized vehicle travel because alternate travel routes between Belardo Road and Museum Drive are available to motorized vehicles with minimum change in total time traveled when using a motorized vehicle. Section 6. Subject to Sections 6, 7 and 8, the City Council does hereby vacate and abandon all the City's right, title and interest in the Vacated Area as to vehicular or other motorized access, and that from and after the date this Resolution is recorded in the records of the Riverside County Recorder, the Vacated Area shall no longer constitute a ' public street for vehicular or other motorized transportation access. Resolution 25243 Page 4 Section 7. The City Council hereby directs the City Manager or his designee to execute ' a grant of easement for the south side of the vacated half -street from the adjacent property owner or by recording a lot line adjustment transferring ownership of the south side of the vacated half -street to the City. Section 8. The City Council does hereby reserve a 393-foot long by 41-foot wide Public Utility Easement within the proposed vacation area to protect existing underground facilities owned by Southern California Edison and Southern California Gas Company and to provide pedestrian and other non -motorized transportation access. The reserved Public Utility easement is depicted on Exhibit "C." Access to public utility facilities shall be maintained as required by the owner thereof. Section 9. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by her under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County, but only after the following condition has been met: (A) PS Resorts has indicated a willingness to move the statue to the downtown park. The effectiveness of this street vacation is conditioned on the City, Committee to Relocate Marilyn and PS Resort resolving the litigation (Committee to Relocate Marilyn v. City of Palm Springs, Case No. CVR12101435) within thirty (30) days of today's date. This would necessarily include the timing and location of the statue's move as well as the attorneys' fees issue , ADOPTED THIS 25TH DAY OF JULY 2024. ,A_� Scott C. Stiles, City Manager ATTEST: �eh Ixt,4- Bienda'Ptefa, City Clerk Resolution 25243 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25243 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 25, 2024, by the following vote: AYES: Councilmembers Garner, Holstege, Middleton, Mayor Pro Tern deHarte, and Mayor Bernstein NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this J q day of 5+ 2024. Brenda Pree, C, CERA, City Clerk City of Palm Springs