HomeMy WebLinkAbout20102 - RESOLUTIONS - 7/5/2001 RESOLUTION NO. 20102
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CERTIFICATION OF THE
INITIAL STUDY AS COMPLETE AND FILING OF THE
MITIGATED NEGATIVE DECLARATION AND
ENVIRONMENTAL ASSESSMENT, RELATING TO THE
PROPOSED GENERAL PLAN AMENDMENTS AND CASE
5.00870, A PRELIMINARY PLANNED DEVELOPMENT
DISTRICT 268,THE MID VALLEY CENTER,A PRELIMINARY
PLANNED DEVELOPMENT DISTRICT INCLUDING A 500
ROOM RESORT HOTEL, 200 VACATION UNITS, 500,000
SQUARE FEET OF RETAIL, BUSINESS PARKAND OFFICE
SPACE AND AN 18 HOLE GOLF COURSE, ON 273 ACRES
SITE, AT THE INTERSECTION OF CRASSLY ROAD AND
MESQUITE AVENUE, W-M-1 M-1, W ZONES, SECTION 20.
WHEREAS, Lawrence Joseph Bow, Leonard Charles Bow, Arthur Diaz, Jr. , Belinda Sue
Short and Ernest G. Noia, (collectively referred to as the "Applicant') have filed an
application with the City pursuant to Section 9403.00 for a Planned Development District
for a 500 room resort hotel, 200 vacation units, 500,000 square feet of retail/commercial,
office and business park uses, an 18 hole golf course and support facilities, and a General
Plan Amendment to: 1) remove the Palm Spring Bypass transportation corridor from the
Circulation Map; 2) delete the extension of Mesquite Avenue east of the Mid Valley
Parkway from the Circulation Map; 3) modify Policy 3.30.1 with the addition of text; 4) add
Policy 3:30.14 'The Mid Valley Center" to the General Plan; and 5) add a footnote to
General Plan Land Use Density and Intensity Table (Page 1-27), Land Use, Commercial/
Industrial, BI - Business/Industrial.
WHEREAS the Applicant has filed a General Plan Amendment and a Planned
Development District application with the City and has paid the required filing fees; and
WHEREAS, the proposed development is considered a "project' pursuant to the terms of
the California Environmental Quality Act ("CEQA"), and an Initial Study and Mitigated
Negative Declaration has been prepared for this Project and has been distributed to the
State Clearinghouse and responsible agencies and other interested parties for public
review and comment in accordance with Section 21092(b)(1)of the California Public
Resources Code (the California Environmental Quality Act); and
WHEREAS, a Summary of Hydrology was prepared by Mainero, Smith and Associates,
Inc., on April 17, 2001,which analyzed the potential hydrological impacts of the project and
which developed mitigation measures specifically designed to be incorporated into this
project in order to mitigate potential project related environmental impacts to a level of less
' than significant, and recommendations from the Riverside County Flood Control and Water
Conservation District have been incorporated into the conditions of approval; and
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WHEREAS, on July 5, 2001, a public hearing for the Project was held by the City Council
in accordance with applicable law; and '
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has
considered the effect of the Project, on the housing needs of the region in which Palm
Springs is situated and has balanced these needs against the public service needs of its
residents and available fiscal and environmental resources; the approval of the proposed
Subdivision represents the balance of these respective needs in a manner which is most
consistent with the City's obligation pursuant to its police powers to protect the public
health, safety, and welfare; and
WHEREAS, the City Council has 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, all environmental data including the initial study, the proposed Mitigated
Negative Declaration, and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
Pursuant to CEQA, the City Council finds that a draft (Initial Study and Mitigated
Negative Declaration has been prepared and completed in compliance with CEQA,
the State's CEQA Guidelines, and the City's CEQA Guidelines;the Initial Study and
Mitigated Negative Declaration (MND) adequately addresses the general
environmental setting of the proposed Project, its significant environmental impacts,
and mitigation measures related to each potentially significant environmental effect
for the proposed Project. The City Council therefore certifies the Initial Study as
complete and files the Mitigated Negative Declaration and Environmental
Assessment.
Section 2:
The City Council has reviewed and analyzed the information contained in the Initial
Study and Mitigated Negative Declaration and determined that the Initial Study
prepared for the project adequately evaluated the potential environmental impacts
of the project and concluded that although the project has the potential to have a
significant effect on the environment, the project will not have a significant impact
on the environment because the proposed mitigation measures which will be
incorporated into the project as conditions of approval will reduce the project related
environmental impacts to a level of less than significant:.
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WHEREAS, a Biological Assessment and Impact Analysis was prepared by James W.
Cornet, on January 14,2001,which evaluated the potential biological impacts ofthe project
and which developed mitigation measures specifically designed to be incorporated into this
project in orderto mitigate potential project related environmental impacts to a level of less
than significant; and
WHEREAS, a Traffic Impact Studywas prepared by Endo Engineering, on February 2001,
analyzing the potential traffic impacts of the project and which developed mitigation
measures specifically designed to be incorporated into this project in order to mitigate
potential project related environmental impacts to a level of less than significant; and
WHEREAS, an Air Quality and Noise Impact Study was prepared by Endo Engineering,
on February 2001, analyzing the potential air quality and noise impacts of the project and
which developed mitigation measures specifically designed to be incorporated into this
project in orderto mitigate potential project related environmental impacts to a level of less
than significant; and
WHEREAS, an Identification and Evaluation of Historic Properties, was prepared by ARM
TECH, on January 11, 2001, analyzing the potential impact of the on historical and cultural
resources in the area and which developed mitigation measures specifically designed to
be incorporated into this project in orderto mitigate potential project related environmental
impacts to a level of less than significant; and
WHEREAS, the Initial Study prepared forthe project evaluated the potential environmental
impacts of the project and concluded that although the project has the potential to have a
significant effect on the environment that the project will not have a significant impact on
the environment because of the proposed mitigation measures; and
WHEREAS; notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for the Project was provided to adjacent
property owners in accordance with applicable law; and
WHEREAS,the Planning Commission has reviewed all pertinent environmental documents
prior to the public hearing; and
WHEREAS, on June 20, 2001, a public hearing for the Project was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, on June 20, 2001, the Planning Commission, in accordance with applicable
law, voted to recommend that the City Council approve filing of the mitigated negative
declaration and adoption of the initial study and environmental assessment relating to the
proposed Case No. 5.00870, General Plan Amendments and Planned Development
District 268; and
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Section 3:
The City Council has reviewed and analyzed information contained in the Mitigated
Negative Declaration priorto taking action on the Planned Development District and
the General Plan Amendments and recommends that the City Council certify the
Mitigated Negative Declaration as complete. The MND reflects the independent
judgement of the City Council. The City Council finds that the mitigation measures
identified in the Initial Study are necessary to reduce or avoid significant impact to
a level of less than significant and incorporates same herein by reference.
Section 4:
By adoption of this resolution, the City Council certifies the Initial Study as complete
and orders the filing of the Mitigated Negative Declaration, and Environmental
Assessment for Case 5.0870-PD-268 and incorporates same herein by reference.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
certifies the Initial Study as complete and in conformity with CEQA, and files the mitigated
negative declaration and environmental assessment relating to Case 5.0870-PD-268.
ADOPTED this _51h day of July, 2001
AYES: Members Hodges, Jones, and Mayor Rleiudienst
NOES: None
ABSENT: Members Reller-Spurgin and Oden
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Ity Clerk City Manager
Reviewed and approved:
Any