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Home My WebLink About23744 RESOLUTION NO. 23744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE DESERT PALISADES SPECIFIC PLAN (DPSP), IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 4, TOWNSHIP 4, RANGE 4 (IL) (CASE 5.1154 SP). WHEREAS, on April 30, 2007, Ed Freeman on behalf of Pinnacle View, LLC ("the applicant") submitted an application for review pursuant to PSZC Sections 92.21.1.00 through 07 ("Environmentally Sensitive Area — Specific Plan'), and a Tentative Tract Map (TTM 35540), that proposes to create a subdivision of 110 residential lots, private roadways, public trails, open space, and an approximately 1.7 acre parcel for a future Desert Water Agency dual tank domestic water reservoir, on an approximately 117-acre site. The project site is located at the western terminus of Racquet Club Road; and WHEREAS, on November 1, 2007, notice in accordance with State Governmental Code Section 65352.3, ("SB 18') was provided to Native American Tribal representatives; and WHEREAS, on December 7, 2007, 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 and Tentative Tract Map; the NOP comment period ran from December 7, 2007 to January 7, 2008; and WHEREAS, on January 19, 2010, a Notice of Preparation (NOP) was issued to public agencies and interested parties noting a revised EIR would be prepared and a 45-day period was provided for responses to the NOP that ended on March 4, 2010; and WHEREAS, on January 21, 2010, the DEIR was prepared and circulated for a 45-day public review period which ended on March 8, 2010; and WHEREAS, all public comments received on the DEIR were reviewed and written responses were provided in a Final EIR (FEIR); and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider a recommendation to the City Council of Case 5.1154 SP was given in accordance with applicable law; and Resolution No. 23744 Page 2 WHEREAS, on June 23, June 28, September 1, and October 27, 2010, a public hearing on Case 5.1154, (The Desert Palisades Specific Plan, including Tentative Tract Map 35540), and associated FEIR was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 27, 2010, the Planning Commission approved Resolution 6161 recommending that the City Council certify the FEIR as complete and approve Case 5.1154 SP Desert Palisades Specific Plan, including Tentative Tract Map 35540, subject to Conditions of Approval; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1154 SP, TTM 35540, was given in accordance with applicable law; and WHEREAS, on January 5, 2011, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, at said public hearing the City Council considered the Specific Plan and the Tentative Tract Map No. 35540, including the staff report, the Desert Palisades Specific Plan, the associated FEIR, and all written and public testimony related to Case 5.1154 SP and TTM 35540; and WHEREAS, in accordance with Section 15612 of the California Environmental Quality Act (CEQA) Guidelines, the City Council has considered certain requested changes to the proposed project with regard to the extension of time by which to conduct grading operations, from January 1 to January 31, in relation to potential impacts to Peninsular Bighorn Sheep, and has determined that the proposed change, with inclusion of new mitigation, does not represent a new significant environmental effect or a substantial increase in the severity of previously identified significant effects, and that an Addendum to the FEIR pursuant to Section 15164 of the CEQA Guidelines may be approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That an addendum to the previously certified Final Environmental Impact Report for the subject project is an adequate environmental assessment of the potential adverse impacts of the proposed request to an extension of time by which to conduct grading operations, from January 1 to January 31, in relation to potential impacts to Peninsular Bighorn Sheep, under the California Environmental Quality Act (CEQA) guidelines. SECTION 2. That Mitigation Measure 3.4-1 of the Mitigation Monitoring Plan shall be modified as follows, which shall be sufficient and adequate to reduce any potentially significant impacts to less than significant levels: Resolution No. 23744 Page 3 MM 3.4-1: The developer shall ensure that the following mitigation measures be required to reduce potential impacts to bighorn sheep: • Deeding all hillside acreage within the project boundaries to the City of Palm Springs as part of their hillside conservation area. • Cnei 1rinn that a adin epeFations shall nt take pin a from le " to Lune 39 the Peninnl laF I4iehern Cheep lambing perierl Grading when rr6t rban^e to sheep is less likely. (Amended by Council see below) Ensuring that grading operations (earth moving) shall not take place from February 1 to June 30, the Peninsular Bighorn Sheep lambing period. Grading operations shall be confined to between July 1 and January 31, when disturbance to sheep is less likely. A qualified biologist shall be designated as a biological monitor and shall be present onsite during any grading operations that take place in the month of January. All grading activities shall cease and desist when the biological monitor determines that Bighorn sheep are present on or in the vicinity of the project site. (Amended by Council 01-07-2015) • Providing a research grant to the Bighorn Institute for further research on the causes underlying the long-term decline in bighorn sheep numbers. The amount to be paid to the Bighorn Institute shall be determined by the institute in consultation with the applicant. The applicant shall furnish the City with a receipt of payment prepared by the institute. • No rock crushing or blasting operations shall occur on-site during any phase of project development. Rock crushing operations shall be limited to off-site locations for materials resulting from the development of the Desert Water Agency reservoir site, common area improvements, and the on-site infrastructure. Proposals for rock splitting on individual lots will be evaluated at the time such development applications are received for review and approval by the City. I Resolution No. 23744 Page 4 THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY APPROVE AN ADDENDUM TO THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE DESERT PALISADES SPECIFIC PLAN (DPSP), CASE 5.1154 SP, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES. ADOPTED THIS 7T" DAY OF JANUARY, 2015. David H. Ready, Ci anager ATTEST: mes 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. 23744 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 the 7th day of January, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pougnet. NOES: Mayor Pro Tern Lewin. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California ol/Z(olleA15