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HomeMy WebLinkAbout20545 - RESOLUTIONS - 2/5/2003 RESOLUTION NO. 20545 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVING THE NEGATIVE DECLARATION FOR THE FIRST AMENDMENTS TO THE MERGED REDEVELOPMENT PLANS FOR MERGED REDEVELOPMENT PROJECTAREA NOS. 1 AND 2 WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs("Agency")desire to amend the Merged Redevelopment Plans for Merged Redevelopment Project Area Nos. 1 and 2("Plans"), and has prepared the First Amendments to the Plans("First Amendments"), as on file with the City Clerk, and incorporated by reference as though fully set forth herein; and WHEREAS, the First Amendments propose to reestablish the time limit on commencing eminent domain on certain property within the Merged Redevelopment Project Area Nos. 1 and 2(except for the Tahquitz-Andreas Constituent Redevelopment Project Area of the Merged Redevelopment Project Area No. 2), add new restrictions on the use of eminent domain, including prohibitions on condemning residential properties as defined in the First Amendments and property that is held in Trust by the United States on behalf of any Indian or the Agua Caliente Band, permit the use of eminent domain to condemn a leasehold or other interest from a lessee or holder(but not the fee interest of the allottee)which is on land held in Trust by the United States, but only with the written consent of the Tribal Council ' of the Agua Caliente Band, and amend and restate other provisions of the constituent redevelopment plans to achieve consistent redevelopment practices and policies for both Merged Redevelopment Projects; and WHEREAS, a Negative Declaration was prepared on the proposed First Amendments ("Negative Declaration'), as on file with the City Clerk, and incorporated by reference as though fully set forth herein; and WHEREAS, a notice of the availability of the Negative Declaration for public review and comment was forwarded to the State Clearinghouse and other appropriate agencies on December 5, 2002,the review period assigned by the State Clearinghouse started December 6, 2002 and ended January 6, 2003, and the notice of availability was published on December 17, 2002 in The Public Record, a newspaper of general circulation in the City of Palm Springs; and WHEREAS, on January 15, 2003, the Agency and City Council held a joint public hearing on the proposed First Amendments and Negative Declaration, and received and considered all evidence and testimony pertaining thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated ' herein. SECTION 2. The City Council finds there is not substantial evidence that the proposed First Amendments will have a significant effect on the environment and that the Negative Declaration reflects the independent judgment and analysis of the City Council based upon the whole record of the Negative Declaration, J42 Resolution 20545 Page 2 including the Initial Study contained therein, any comments received and evidence and testimony received at the joint public hearing on the Negative Declaration, SECTION 3. The City Council has reviewed and considered the information contained in the Negative Declaration prepared for the First Amendments and hereby approves the Negative Declaration. SECTION 4. The City Clerk is authorized to file a Notice of Determination with the County Clerk of the County of Riverside following adoption by the City Council of the Ordinances adopting the First Amendments. ADOPTED this Sth day of February 2003. AYES: Members Hodges, Oden, and Mayor Kleindienst NOES: None ABSENT: Members Mills and Reller-Spurgin /jTT CITY OF PALM SPRINGS, CALIFORNIA 7 City Cler City Manager REVIEWED &APPROVED