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HomeMy WebLinkAbout21582 - RESOLUTIONS - 5/17/2006 RESOLUTION NO. 21582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN; IMPLEMENTING AGREEMENT, AND MEMORANDA OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERN-MENTS; AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Palm Springs finds: A. The Coachella Valley Multiple Species Habitat Conservation Plan (the "MSHCP" or "Project') is a regional, comprehensive, multi-jurisdictional habitat conservation plan focusing on the conservation of both sensitive species and their associated habitats in order to address biological and ecological diversity and conservation needs in the Coachella Valley; sets aside significant areas of undisturbed land for the conservation of sensitive habitat; maintains opportunities for recreation; preserves open space; and maintains a strong and sustainable environment for economic Development in the region. ' B. The MSHCP establishes a framework for compliance with State and Federal Endangered Species regulations while accommodating future growth in the MSHCP Plan Area, including issuance of "Take" Permits for certain species pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act ("ESA") and Section 2800, et sec. of the California Fish and Game Code (otherwise known as the "Natural Community Conservation Planning Act' or °NCCP Act of 2001"). C. The Coachella Valley Association of Governments ("CVAG) is the lead agency pursuant to the California Environmental Quality Act ("CEQX) (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.). D. A joint Environmental Impact Report/Statement ("EIR/EIS) has been prepared pursuant to CEQA and the National Environmental Policy Act ("NEPA") in order to analyze all potential adverse environmental impacts of the Project. E. CVAG, at a public meeting on February 6, 2006, reviewed the Final EIR/EIS, MSHCP/Natural Communities Conservation Plan ("NCCP°), Implementation Agreement, Mitigation, Monitoring and Reporting Program ("MMRP") and other related documents in the record before it and by Resolution No. 06-002, certified the Final EIR/EIS, selected the ' Preferred Alternative and approved the MSHCP/NCCP, Implementation Agreement and MMRP. Resolution No. 21582 Page 2 F. Pursuant to State CEQA Guidelines sections 15091, 15096(h), 15381, and ' other provisions of CEQA, the City of Palm Springs ("City") is a responsible agency for the Project and must therefore make certain findings prior to the approval of the MSHCP. G. The City Council of the City, at its regularly scheduled public meeting on May 18, 2006, independently reviewed and considered the Final EIR/EIS and other related documents in the record before it- H. All the procedures of CEQA and the State CEQA Guidelines have been met, and the Final EIR/EIS, prepared in connection with the Project, is sufficiently detailed so that all the potentially significant effects of the Project on the environment and measures necessary to avoid or substantially lessen such effects have been evaluated in accordance with the above-referenced Act and Guidelines. I. As contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project. J. All of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution. K. Prior to taking action, the City Council has heard, been presented with, ' reviewed and considered all of the information and data presented to it, including th@ Draft EIR/EIS, Final EIR/EIS, the MSHCP, and other documentation relating to the Project, and all oral and written evidence presented to it. L. All other legal prerequisites to the adoption of this Resolution have occurred except the approval of appropriate memoranda of understandings necessary to provide assurances to the City regarding funding for Gene Autry Drive bridge improvements and the ability of the City to transfer "take" interests under certain circumstances. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 1. The Final EIR/EIS prepared for the MSHCP has been received by the City Council in the form on file in the Office of the City Clerk and is deemed attached to this Resolution as Exhibit A. The City Council finds and determines that the Final EIR/EIS has been completed in compliance with CEQA and the State CEQA Guidelines and, as the decision-making body for the City of City of Palm Springs, the City Council has reviewed and considered the information contained in the Final EIR/EIS and related documents before it and all of the environmental effects of the MSHCP. 2. The City Council concurs with and adopts the environmental findings in ' CVAG Resolution No. 06-002, on file in the Office of the City Clerk and deemed attached to this Resolution as Exhibit B. The City Council also finds that there are no additional feasible mitigation measures or alternatives vAthin its powers that would substantially Resolution No. 21582 Page 3 ' lessen or avoid any significant effects that the MSHCP would have on the environment. 3. The City Council approves the MSHCP, on file in the Office of the City Clerk and deemed attached to this Resolution as Exhibit C, and authorizes the Mayor to execute the Implementation Agreement, subject to CVAG executing Memoranda of Understanding with the City of Palm Springs related to the funding of the Gene Autry Drive bridge improvements and the transfer of "take" rights under certain circumstances. 4. The City Manager is authorized to execute the Memoranda of Understanding in a form approved by the City Attorney, 5. The City Council hereby authorizes and directs that a Notice of Determination shall be filed with the Clerk of the County of Riverside within five (5) working days of approval of the Project. ADOPTED this 17th day of May, 2006. David H. Ready, Ci y Ulan ATTEST: es Thompson, City Clert CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21582 is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 17, 2006, by the following vote: AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: Councilmember McCulloch ABSENT: None ABSTAIN: None yla es Thompson, City Clerk �— ity of Palm Springs, California