HomeMy WebLinkAbout18461 - RESOLUTIONS - 9/7/1994 RESOLUTION NO. 18461
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CERTIFYING THE MITIGATED
NEGATIVE DECLARATION FOR THE GENERAL PLAN
' AMENDMENT, THE ZONING TEXT AMENDMENT AND THE
PLANNED DEVELOPMENT DISTRICT (CASE 5 . 0667
GPA/ZTA/PD-232) FOR THE AGUA CALIENTE INDIAN
GAMING FACILITY AND RELATED ACTIONS SUCH AS
THE DISPOSITION AND DEVELOPMENT AGREEMENT AND
AN OPTION AGREEMENT, WITHIN A TOTAL PROJECT
SITE OF APPROXIMATELY 17 .25 ACRES, GENERALLY
BOUND BY AMADO ROAD, CALLE ALVARADO, ANDREAS
ROAD AND INDIAN CANYON DRIVE, R-4-VP, C-2 , C-
lAA AND RESORT OVERLAY ZONES, SECTION 14 .
WHEREAS, the Agua Caliente Band of Cahuilla Indians (Tribe) , in
association with Caesars Palm Springs Management Company, Inc . ,
have submitted an application for and/or requested a General Plan
Amendment, a Zoning Text Amendment and a Planned Development
District (PD) for an Indian Gaming Facility (gaming facility) for
a total square footage of approximately 119, 000 square feet to be
built in two phases (phase I would entail up to 75, 000 square
feet) ; and
WHEREAS, an Environmental Assessment was prepared for the proposed
project in compliance with the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA) by the co-
lead agencies of the City of Palm Springs and the National Indian
Gaming Commission and with the assistance of cooperating agencies -
' the Tribe and the Bureau of Indian Affairs; and
WHEREAS, the total project area entails a total acreage of
approximately 17 . 25 acres and the Indian Gaming Facility itself
will be located on a 10 .3 acre site within the total project
boundary, generally bound by Amado Road, Calle E1 Segundo, Andreas
Road and Calle Encilia; and
WHEREAS, the General Plan Amendment consists of revisions to the
Land Use Element and the General Plan Land Use and Circulation Map,
including the following: land use designation changes from High
Density Residential (H43/30) and CBD to Resort Commercial (RC) ;
relocation of the fire station symbol ; textual
revisions/clarification to include Indian development standards (as
previously approved) , gaming facilities on trust lands of the Agua
Caliente Indian Reservation - Tribal lands only, the encouragement
of resort hotels and entertainment; the removal of a portion of the
secondary thoroughfare, Calle Encilia from Amado Road to Tahquitz
Canyon Way from the Land Use and Circulation Map; the removal of
the collector street, Andreas Road from Indian Canyon Way to Calle
Alvarado from the land use and circulation map; and, minor
revisions to various charts; and
WHEREAS, the Zoning Text Amendment consists of adding text to allow
' Indian gaming facilities on trust lands of the Agua Caliente Indian
Reservation - Tribal lands only - pursuant to the approval of a PD,
to permit parking lots in the C-1AA Zone not in conjunction with a
permitted use by right of zone and to permit parking lots and
parking structures pursuant to a Conditional Use Permit in the R-4
Zone; and
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs (Agency) shall consider a Disposition and Development
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WHEREAS, an Option Agreement Shall be considered by the Agency
between the Agency and the Walter Family Trust for project related
land transactions; and
WHEREAS, the PD entails a gaming facility proposal which will
operate 24-hours per day and will include gaming, restaurant and
entertainment uses ; and
WHEREAS, the gaming facility will provide for adequate parking in '
Phase I and will complete an analysis to further refine the parking
required for Phase II; and
WHEREAS, the proposed General Plan Amendment, Zoning Text
Amendment, PD and other related actions discussed in the
Environmental Assessment are considered "projects" pursuant to the
terms of CEQA and a Mitigated Negative Declaration has been
prepared for the project and has been distributed for public review
and comment in accordance with CEQA as discussed above; and
WHEREAS, the Mitigated Negative Declaration prepared for the
project finds that the proposed project will not have a significant
negative impact on the environment; and
WHEREAS, the Environmental Assessment/ Mit.-.igated Negative
Declaration also discusses and analyzes the future vacation of
streets adjacent to the gaming facility (Calle Encilia from Amado
Road. toward Tahquitz Canyon Way and Andreas Road 1f.'rom Indian Canyon
Drive to Calle E1 Segundo) , the relocation of Hilton 'Hotel tennis
courts and parking (currently located within the: PD project site)
to a portion of a 5 . 7 acre site located within the total project
boundary (the Prairie Schooner site) and, analyzes the demolition
of ancillary parking for the Spa and Hilton Hotels and deems the
.reduction insignificant pursuant to the approval of an ,
Administrative Minor Modification; and
WHEREAS, a notice of public hearings of the Planning Commission and
the City Council to consider and approve, respectively, the subject
applications and the Mitigated Negative Declaration and notice of
the CEQA and NEPA public review period for the Environmental
.Assessment (from August 1, 1994 through August 30 , 1994) was mailed
out to property owners within 400 feet of the project boundary and
other interested parties and was published in the Desert Sun; and
WHEREAS, the Planning Commission carefully reviewed and considered
all of the evidence presented in connection with the hearing on the
project, including but not limited to the staff report and the
environmental data including but not limited to the Environmental
Assessment and related comments received as of the date of the
public hearing held on August 241, 1994, and voted in favor (4-0 ; 2
absent) of the project; and
WHEREAS, the City Council has carefully reviewed and considered all
of the evidence presented in connection with t;he hearing on the
project, including but not limited to the staff report and the
environmental data including but not limited to the Environmental
Assessment and related comments .
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS : '
Section 1 : Pursuant to CEQA, the City Council finds as follows :
a. The Mitigated Negative Declaration has been completed in
compliance with CEQA, the State CEQA Guidelines and the City' s
CEQA procedures . 'The City Council has independently reviewed
and considered the information contained in the Environmental
Assessment/Mitigat.ed Negative Declaration and find: that it
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adequately discusses the potential significant environmental
effects of the proposed project (land use,
traffic/circulation, parking, air quality, noise, aesthetics,
geology/soils, water quality, drainage, public utilities,
socioeconomic, public safety, archaeological/historic
resources and light and glare) , and that on the basis of the
Environmental Assessment and comments received during the
' public review process as of this date, and in light of the
whole record there will be no adverse environmental effects as
a result of the approval of the project because mitigation
measures identified in the Environmental Assessment/Mitigated
Negative Declaration have been incorporated into the project
which mitigate any potential significant environmental effects
to point acceptable within the community. The mitigation
measures are adopted in the Conditions of Approval of this
project as outlined in Exhibit A (as on file in the Office of
the City Clerk) of the PD Resolution. The City Council
further finds that the Environmental Assessment/ Mitigated
Negative Declaration reflects its independent judgement .
b. The Mitigation Monitoring Program is in compliance with
Public Resources Code Section 21081 . 6 and is required in order
to assure compliance with the above referenced mitigation
measures during project implementation. These mitigation
measures are referenced in the Conditions of Approval of this
project as outlined in Exhibit A of the Planned Development
District resolution (as on file in the Office of the City
Clerk) .
c . Pursuant to Fish and Game Code Section 711 .4, this project
has a de minimis impact on fish and wildlife.
' NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby certifies the Mitigated Negative Declaration
(Exhibit A of this Resolution) as in compliance with CEQA for the
General Plan Amendment, Zoning Text Amendment (Case 5 . 0667
GPA/ZTA/PD-232 and other related as referenced above.
ADOPTED this 7'tb day of Septeriber _, 1994 .
AYES : Members Hodges, Kleindienst, Lyons, Reller-SRurgin « Hayor Maryanov
NOES : Bone
ABSENT: None
ATTEST: CIT PALPALM SPR1 CALIFORNIA
Cityy�lerk Cit anager
REVIEWED AND APPROVED
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EXHIBIT A
CITY OF PALM SPRIN413S
CALIFORNIA
PO Box 2743,, Palm Springs, CA 92263-2743
Negative Declaration '
(Cal . Admin. Code Sec. 15083)
Case No. : 5.0667-GPA/ZTA/PD-232
Applicant: Agua Caliente Band of Cahuilla Indians/Caesars Palm Springs
Management Co.
Address: 110 N. Indian Canyon Dr. , Palm Springs, CA 92262
PROJECT DESCRIPTION General Plan Amendment/Zoning Text Amendment'/Planned
Development District/Disposition & Development Agreement between the
Redevelopment Agency & the Tribe, Option Agreement between the Agency & the
Walter Family Trust for an Indian Gaming Facility including land transactions,
relocation of Hilton Hotel tennis courts & future street vacations generally
bounded by Amado Road/Calle Alvarado/Andreas Road/Indian Canyon Drive.
FINDING
It is found by the Palm Springs City Council that the above described project
will not have a significant adverse effect on the environment.
REASONING IN SUPPORT OF FINDING
There is no evidence before the City that the proposed amendment will have any
potential, significant adverse effect on the environment as shown by the '
Environmental Assessment for the project- & the record of the hearing on the
project.
MITIGATION MEASURES,
Refer to the Environmental Assessment for mitigation measures and comments (on
file in the Department of Planning & Zoning, City Hall, Palm Springs) .
]DATE: September 7, 1994
DOUGLAS R. EVANS, Secretary
Planning Commission _
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