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HomeMy WebLinkAbout25263RESOLUTION NO.25263 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR AGUA CALIENTE FUEL PALM SPRINGS ON THE TRIBAL TRUST LAND LOCATED AT 999 LAWRENCE CROSSLEY ROAD (APN: 680-564-002; 014; 017 & 018); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2024-0001) WHEREAS, On December 15, 1998, the City Council of the City of Palm Springs ("City") and the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe's final approval and authority over projects on Tribal Trust Land. WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement ("Agreement"). WHEREAS, On October 17, 2018, the City and the Tribe adopted an Amended and Restated Land Use Contract ("Contract"), superseding all prior agreements relative to Allotted Trust Lands, and reaffirming the authority of the Tribe to establish, impose and enforce land use controls relative to Tribal Trust Lands. WHEREAS, On October 8, 2024, the Tribe submitted a Project Report and draft Environmental Assessment to the City for "Agua Caliente Fuel Palm Springs," an automobile service station and a convenience store which includes a gaming area ("Project"), on an undeveloped 3.6-acre site located at 999 Lawrence Crossley Road (APNs: 680-564-002; 014; 017; & 018). WHEREAS, the Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement. WHEREAS, on December 12, 2024, the City Council conducted a public meeting and considered the matter, including the Project Report, the draft Environmental Assessment, the Administrative Review, the Conformity Report, related exhibits and studies, and public testimony. WHEREAS, the City Council has concluded that the proposed Project is generally consistent with the goals and objectives of the City of Palm Springs General Plan and the Resolution No. 25263 Page 2 development standards of the Palm Springs Zoning Code and that the project is found to I be conforming under the terms of the Agreement and such that certain procedures may be waived under Section 7 of the Agreement. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Conformity Report, dated November 12, 2024, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe. SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. CR-2024-0001), as outlined in the Agreement, is hereby waived: Section 5. Joint Meeting. "Within thirty (30) days (of the City Council's adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, I regulations, and ordinances of both the City and the Tribe." ADOPTED THIS 12TH DAY OF DECEMBER, 2024. Scott Stiles, City Manager ATTEST: O Brenda ree, MMC, CERA City Clerk Resolution No. 25263 Page 3 ' 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. 25263 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 December 12,.2024, by the following vote: AYES: Councilmembers Gamer, Middleton, Holstege, 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 10Lday of December 2024. BREN A P EE, MMC CITY CLERK