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HomeMy WebLinkAbout23977 RESOLUTION NO. 23977 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING ADDENDUM NO. 2 TO THE PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR, AND AMENDING THE MUSEUM MARKET PLAZA SPECIFIC PLAN, REDESIGNATED AS THE DOWNTOWN PALM SPRINGS SPECIFIC FLAN'. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. On April 30, 2008, Wessman Development, Inc. presented to the City a draft Specific Plan for the Museum Market Plaza development. B. On May 21, 2008, the City Council initiated a Specific Plan review process and directed staff to report on the conformance of the draft Museum Market Plaza Specific Plan with the Palm Springs General Plan, Downtown Design Guidelines and Palm Springs Zoning Code. C. On June 13, 2008, the City issued a Notice of Preparation (NOP) and Initial Study on the project indicating that a draft Environmental Impact Report (DEIR) would be prepared on the proposed Specific Plan. The NOP was circulated to agencies and interested parties and a 30-day period was provided for responses. D. On July 1, 2008, a public Scoping Meeting was held to receive comments on preparation of the draft Environmental Impact Report (DEIR). E. The DEIR was prepared and circulated for public review and comment between October 22, 2008 and December 17, 2008, F. The City received numerous written and oral comments on the DEIR, and prepared responses to describe the disposition of significant environmental issues raised by the comments, and made changes to the DEIR accordingly. The comments, responses to comments, changes to the DEIR and additional information were published in a Final EIR (FEIR) dated January 1, 2009. G. On December 2, 2009, the City Council certified the FOR and adopted CEQA Findings and Statement of Facts, a Statement of Overriding Considerations, and a Mitigation Monitoring Program; and enacted by Ordinance No. 1764 and Resolution No. 22625 the Museum Market Plaza Specific Plan. H. On October 17, 2012, the City Council certified an Addendum to the Museum Market Plaza Specific Plan FEIR (Addendum #1), and approved a Conformity Review for implementation of a revised Downtown Revitalization Plan entitled "Downtown Palm Springs' as conforming to and being consistent with the approved Museum Market Plaza Specific Plan. Resolution No. 23977 Page 2 I. On September 2, 2015, the City Council directed staff to prepare an Amendment to the Museum Market Plaza Specific Plan, (the "Amendment"), and authorized funding to engage a consultant to prepare and complete environmental analysis on the potential impacts associated with the Amendment pursuant to the California Environmental Quality Act (CEQA) Guidelines. J. The Amendment was evaluated to determine if proposed changes to the Museum Market Plaza Specific Plan might result in environmental impacts not adequately analyzed in the previously certified FEIR and Addendum #1 to the FEIR. An Addendum (hereafter "Addendum #2 to the FEIR") evaluated the potential impacts of the changes to the Specific Plan identified in the Amendment, including various revisions and updates to the Museum Market Plaza Specific Plan, the development of Block E as the Downtown Palm Springs Park, and a Major Architectural Review for the development of a hotel use of up to 75 feet located on Block B-1 (Case No. 3,3908 MAJ). The environmental analysis concluded the potential environmental impacts associated with the revised Specific Plan identified in the Amendment is substantially consistent with the impacts previously analyzed in the previously certified FEIR and in Addendum #1 approved in 2012. No changes are proposed that would require major revisions to the previously certified FEIR, as the revised Specific Plan identified in the Amendment will ultimately reduce the overall intensity and density currently allowed within the Specific Plan. The potential environmental impacts associated with the revised Specific Plan identified in the Amendment will result in the same or reduced environmental impacts when compared to those analyzed in either the previously approved FEIR or addendum #1 approved in 2012. None of the components of the revised Specific Plan identified in the Amendment will result in a significant effect not previously identified in the previously certified FEIR or Addendum #1 approved in 2012. The Findings and Statement of Overriding Considerations adopted by the City Council in 2009 are consistent with the environmental analysis provided in Addendum #2. As a result of the evaluation of the Amendment, pursuant to the CEQA Guidelines, the City Council determined that Addendum #2 to the previously certified FEIR, as prepared under the provisions of CEQA, adequately addresses the potential environmental impacts associated with the Amendment. K. On October 28, 2015, the Planning Commission conducted a noticed public hearing to consider the Amendment and Addendum #2 to the FEIR, considered the Amendment and Addendum #2 to the FEIR, and continued the public hearing to consider these items to their meeting of November 12, 2015. L. On November 12, 2015, the Planning Commission reconvened the public hearing to consider the Amendment and Addendum #2 to the FEIR, and established a subcommittee to review the proposed amendments, and continued the public hearing to consider these items to its meeting of December 9, 2015. M. The Planning Commission carefully reviewed and considered all of the evidence presented at its meeting of December 9, 2015, including but not limited to the staff report, the recommendations of the subcommittee, the Amendment and Addendum #2 Resolution No. 23977 Page 3 to the FEIR, and all written and oral testimony presented, and recommended approval of the update to the City Council. N. On January 6, 2016, the City Council conducted a duly noticed Study Session at the Palm Springs Convention Center as a special meeting of the City Council to review the Amendment and Addendum #2 to the FEIR, and to consider public testimony renarding the Amendment. 0. On January 13, 2016, the City Council conducted a duly noticed public hearing to review and consider approval of the Amendment and Addendum #2 to the FEIR, and continued the hearing to the February 3, 2016 City Council meeting. P. On February 3, 2016 the City Council conducted a duly noticed continued public hearing to review and consider approval of the Amendment and Addendum #2 to the FEIR, received additional testimony, closed the hearing, and commenced its deliberations. The City Council provided staff direction as outlined in the minutes of its meeting, and continued the closed public hearing to a date uncertain and directed the City Clerk to re-notice the closed public hearing in the manner required under law. Q. On March 2, 2016, the City Council reconvened the duly noticed public hearing on the consideration of the Amendment and Addendum #2 to the FEIR, and finds that the EIR Addendum prepared for the Specific Plan Amendment appropriately describes the impacts of the Specific Plan Amendment revised by the Planning Commission and City Council, and also finds that: 1. Changes in the project will not result in a new significant impact not previously analyzed in the EIR Addendum, nor result in any new mitigation measures beyond those proposed in the EIR Addendum, insofar as the EIR Addendum analyzed a more intense project, and impacts associated with the revisions in the Specific Plan Amendment will either be reduced or be equivalent to those analyzed in the EIR Addendum. 2. Changes in the project will not result in an increase in the severity of an environmental impact, and no change to the proposed mitigation measures is required, since reductions in project intensity will not result in significant changes in potential impacts, particularly those associated with transportation and traffic. 3. Changes in the project will not result in a feasible project alternative or mitigation measure not considered in the certified EIR or the EIR Addendum. 4. The EIR Addendum has been prepared in conformance with the requirements of the California Environmental Quality Act. 5. The City Council has considered the information contained in the certified EIR, EIR Addendum No. 1 and EIR Addendum No. 2 prior to approving the project. Resolution No. 23977 Page 4 6. The EIR Addendum reflects the City Council's independent judgment and analysis. R. The City Council hereby finds that adoption of the Amendment would: 1. Update the Museum Market Plaza Specific Plan to reflect the previously approved Conformity Review for implementation of a revised Downtown Revitalization Plan entitled "Downtown Palm Springs" as conforming to and being consistent with the approved Museum Market Plaza Specific Plan, in accordance with Addendum #1 to the FEIR approved October 17, 2012. 2. Make administrative changes and updates to reflect current entitlements and development patterns within the Specific Plan area. 3. Reduce the overall developable square footage of the project and reduce the total number of units, resulting in reduced environmental impacts. S. The City Council further finds the adoption of the Amendment is consistent with the goals and policies of the City of Palm Springs General Plan and the Guiding Principles of the Museum Market Plaza Specific Plan. T. The City Council further determines that Addendum #2 to the FEIR is an adequate environmental assessment of the potential adverse environmental impacts of the Amendment in accordance with the CEQA Guidelines. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1. The Museum Market Plaza Specific Plan, on file in the Office of the City Clerk, is hereby amended with an updated Specific Plan entitled "The Downtown Palm Springs Specific Plan," which is hereby prepared for the City Council to be approved and adopted by ordinance. SECTION 2. In approving the Amendment to the Museum Market Plaza Specific Plan, to hereafter be identified as the Downtown Palm Springs Specific Plan, the City Council has considered all evidence and testimony provided to it, and in accordance with the CEQA Guidelines has determined that an Addendum to the previously certified Final Environmental Impact Report for the Museum Market Plaza Specific Plan is an adequate environmental assessment of the potential adverse impacts of the Amendment to the Museum Market Plaza Specific Plan, to hereafter be identified as the Downtown Palm Springs Specific Plan. SECTION 3. The City Council certifies that Addendum #2 to the previously- certified Final Environmental Impact Report for the Museum Market Plaza Specific Plan has been completed in compliance with the CEQA Guidelines, that Addendum #2 was presented to the City Council as the decision-making body, and that the City Council reviewed and considered the information contained in Addendum #2 prior to approving the Amendment to the Museum Market Plaza Specific Plan, to hereafter be identified as the Downtown Palm Springs Specific Plan. Preparation of Addendum #2 has been Resolution No. 23977 Page 5 performed and coordinated by the City's Director of Planning Services; the conclusions and recommendations in Addendum #2 represent the independent conclusions and recommendations of the City and the City Council; and Addendum #2 represents the independent judgment and analysis of the City and the City Council. By these findings, the City Council confirms, ratifies, and adopts the findings and conclusions of Addendum #2, as presented. The City Council further determines that the previously certified Final Environmental Impact Report for the Museum Market Plaza Snecific Plan, the previously approved Addendum #1 to the Final Environmental Impact Report, and Addendum #2 to the Final Environmental Impact Report together are adequate to support approval of each component of the now designated "Downtown Palm Springs Specific Plan," and any minor modifications to the Downtown Palm Springs Specific Plan as may be reflected in the Amendment. The City Council also certifies that the previously certified Final Environmental Impact Report for the Museum Market Plaza Specific Plan, together with its previously approved Addendum #1 and Addendum #2 as presented, are adequate to support any future discretionary approvals needed to implement the now designated "Downtown Palm Springs Specific Plan." SECTION 4. The City Council, after balancing the specific economic, legal, social, technological, and other benefits of the Amendment to the Museum Market Plaza Specific Plan, to hereafter be identified as the Downtown Palm Springs Specific Plan, has determined that the unavoidable adverse environmental impacts identified in the previously-certified Final Environmental Impact Report for the Museum Market Plaza Specific Plan continue to be considered "acceptable" due to specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed project. The City Council therefore ratifies the "Statement of Overriding Considerations" as approved by the City Council in the approval of the Final Environmental Impact Report for the Museum Market Plaza Specific Plan adopted on December 2, 2009. Each of the separate benefits of the proposed project, as provided in the Statement of Overriding Considerations, is determined to be, unto itself and independent of the other project benefits, a basis for overriding all unavoidable adverse environmental impacts identified in the Statement of Overriding Considerations. SECTION 5. The City Council finds, ratifies, and adopts the Mitigation Monitoring Program, incorporated into the Final Environmental Impact Report for the Museum Market Plaza Specific Plan adopted on December 2, 2009. The City Council further finds that such Mitigation Monitoring Program meets the requirements of Section 21081.6 of the Public Resources Code by providing for the implementation and monitoring of measures intended to mitigate potential environmental impacts. In the event of any inconsistencies between the Mitigation Measures as set forth in the Final Environmental Impact Report and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control. SECTION 6. The following additional and specific mitigation measure shall be included as a mitigation measure for the project, included in the Mitigation Monitoring Program for the project, and implemented in addition to all other mitigation measures previously identified in the Mitigation Monitoring Program, and the City Council finds such mitigation measure will further reduce potential circulation, site access and/or Resolution No. 23977 Page 6 parking impacts associated with Amendment to the Museum Market Plaza Specific Plan, to hereafter be identified as the Downtown Palm Springs Specific Plan: The intersection approach lanes and traffic controls at the on-site and off- site key intersections shall be implemented to provide acceptable levels of service and consistent with the recommendations outlined in Figures 5-1 and 5-2 of the Downtown Palm Springs Proiect and Downtown Palm Springs (Dark I raffic Impact Study Update (October 2015), and consistent with the mitigation strategies identified in Table 5-2. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 2ND DAY OF MARCH, 2016. i DAVID H. READY, Cl GER ATTEST: j�ZAMES THOMPSON, CITY CLERK 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. 23977 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 2, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: None. ABSTAIN: None. MES THOMPSON, CITY CLERK City of Palm Springs, California 4)3/01/96[f