HomeMy WebLinkAbout18882 - RESOLUTIONS - 8/7/1996 RESOLUTION NO. 18882
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, FINDING AND DETERMINING
THAT NO SUBSEQUENT NEGATIVE DECLARATION IS
REQUIRED FOR THE FIRST AMENDMENT TO THE
' DISPOSITION AND DEVELOPMENT AGREEMENT .BETWEEN
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS AND THE Ate''-.UA CALIENTE BAND OF
CAHUILLA INDIANS
WHEREAS, the Community Redevelopment Agency of the City of Palm
Springs, California ("Agency") and the Agua Caliealte Band of
Cahuilla Indians ("Tri.beA°) entered into a Disposition and
Development Agreement for the contemplated development of an Indian
gaming, facility within the Tahquitz-Andreas Redevelopment Area on
September 7 , 1994 ("DDA") ; and
WHEREAS, in connection with consideration and approval of the DDA,
an Environmental Assessment was prepared in compliance with the
California Environmental Quality Act ("CEQA") and the National
Environmental Policy Ace. ("NEPA°P) by the City of Palm Springs and
National Indian Gaming Commission, with the assistance of the Tribe
and the Bureau of Indian Affairs; and
WHEREAS, the. Agency and City Council adopted a Mitigated Negative
Declaration in connection with the adoption of the Disposition and
' Development Agreement, which included a mitigation monitoring
program in compliance with Public Resources Code Section 21081. 6;
and
WHEREAS, as originally proposed and analyzed, the gaming facility
contemplated to be constructed under the DDA resulted in the square
footage of approximately 119, 000 square feet, over a total area of
approximately 17 .2.5 acres; and
WHEREAS, the .Agency and Tribe have determined it is in their mutual
best interest to amend the 'DDA in minor particulars, eliminating
various parties to the Agreement, eliminating various potential
commitments of Agency funds to property acquisitions for the
proposed gaming site, and making minor modifications to the
location and configuration of the proposed gaming facility; and
WHEREAS, in each instance, the modifications which result in any
physical change in the environment will result in izeipacts which are
equal to or lesser than those impacts already previously addressed
under the Environmental Assessment and Mitigated Negative
Declaration already adopted for the Project; and
WHEREAS, under Title 14, California Code of Regulations, Section
15162 , the City Council has considered whether an additional
Negative Declaration or other environmental documentation need be
' prepared, given the scope of the changes to the anticipated project
contemplated by the First Amendment to the DDA.; and
WHEREAS, upon such review, the City Council has determined that in
all respects the prior environmental documentation is sufficient.
NOW, THEREFORE, the City Council of the City of Palm Springs does
hereby find as fellows:
Section__I: There are no substantial changes .implemented by the
First Amendment to the DDI, to the Project previously analyzed under
the original DDA which would require major revisions dace to the
involvement of new significant environmental effects or any
substantial increase in the severity of previously identified
R18882
Page 2
significant effects, all as more fully set out in the Staff Report
submitted to the City Council .in connection, herewith.
Section 2 : There are no substantial changes which have occurred
with respect to the circumstances under which the Project is
undertaken which would require major revisions to the environmental
analysis in ,-he previous Environmental Assessment or Mitigated
Negative Declaration, and that there are no new significant ,
environmental affects, nor any substantial increase in the severity
of previously identified significant effects.
Section 3 : There is no new information of substanti_a.l importance,
which was riot known or could not have been known ,^vith the exercise
of reasonable diligence at the time the Environmental Assessment
and Mitigated Negative Declaration were completed indicating any
significant effects not previously analyzed, any effects already
analyzed would be substantially more severe under the modifications
contemplated in the First Amendment to the DDA, mitigation measures
previously found to be infeasible are now feasible, or additional
mitigation measures would substantially reduce one or more
significant effects on the environment.
Section 4 : Leased upon all of the foregoing, and all of the
analyses presented in the Staff Report submitted in conjunction
herewith, the City Council has determined that no additional
environmental documentation is called for or need be prepared under
the requirements of CEQA in connection with the First Amendment to
the Disposition and Development Agreement.
Section 5: This Resolution does not consider, and shall not
pertain to, any potential development which is not specified in the
First Amendment to the DDA. Under the provisions of the First
Amendment of the DDA, the construction of additional phases beyond '
that spelled out in the First. Amendment to the DDA is at this time
wholly speculative, and completely dependent upon decisions the
Tribe might make at some future date. In addition, there is
currently no site plan, architectural drawing„ concept plan, or
other indication of the type, precise location„ size, or function
of proposed facilities which might be included as in such phases of
the gaming facility development. Consequently, any environmental
impacts from such phases are wholly speculative: at this time, and
cannot adequately be addressed rased upon the :information currently
available.
ADOPTED this 7th day of August, 1995.
AYES: Members Oden, Spurgin and Mayor Kieindienst
NOES: None
ABSENT: Members Barnes and Hodges
ATTEST: E
OF PACIM SPRIA. t.NLIFORNIA
IJCity Clerk eTt anager
REVIEWED &APPROVED _1�y/y -- —