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HomeMy WebLinkAbout23634 - RESOLUTIONS - 7/16/2014 RESOLUTION NO. 23634 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE SECTION 14 SPECIFIC PLAN COMPREHENSIVE UPDATE FOR 640 ACRES BOUNDED BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST, RAMON ROAD TO THE SOUTH, AND INDIAN CANYON DRIVE TO THE WEST, AND SUPERSEDING RESOLUTION NO. 20867. WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Applicant') has filed an application with the City of Palm Springs for the Section 14 Master Development Plan/Specific Plan comprehensive update for the approximately 640 acres of land bounded by Alejo Road, Sunrise Way, Ramon Road, and Indian Canyon Drive, Zone, Section 14; and WHEREAS, the City Council of the City of Palm Springs adopted a Statement of Facts and Findings and Statement of Overriding Considerations and certified a Final EIR and approved the Section 14 Master Development Plan / Specific on March 31, 2004; and WHEREAS, on December 3, 2013, the Tribal Council reviewed the Draft Specific Plan Update and authorized the submittal of the document to the City of Palm Springs for entitlement; and WHEREAS, on June 11, and 25, 2014, public hearing meetings on the application were held by the Planning Commission in accordance with applicable law; and WHEREAS, on June 25, 2014, the Planning Commission adopted Resolution No. 6409, recommending approval of the Specific Plan Update to the City Council; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Section 14 Specific Plan Comprehensive Update, was given in accordance with applicable law; and WHEREAS, on July 16, 2014, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Section 14 Specific Plan comprehensive update is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration (MND) has been prepared for this project and was distributed for public review and comments in accordance with CEQA; and Resolution No. 23634 Page 2 WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Specific Plan Update, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA), the City Council finds that a Mitigated Negative Declaration (MND) has been completed for the Section 14 Master Development Plan/Specific Plan Update and is in compliance with the State CEQA Guidelines, and the City's CEQA Guidelines. The MND adequately addresses the general environmental setting of the proposed update, its significant environmental impacts, and mitigation measures related to each significant environmental effect for the proposed Specific Plan Update. The City Council has independently reviewed and considered the Specific Plan update and determined that it is in conformance with the information contained in the MND. The City Council further finds that with the incorporation of proposed mitigation measures any potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and thereby adopts the MND. Section 2: Although there are no specific findings outlined in the State of California Government Code, Section 65450 requires that Specific Plans be adopted in the same manner as a General Plan and that the following basic components must be in all Specific Plans: (a). A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. Resolution No. 23634 Page 3 (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). (b) The specific plan shall include a statement of the relationship of the specific plan to the general plan. Staff has determined that all required topics noted above are found in the draft Section 14 Specific Plan Update, as summarized in this staff report. Section 65454 of the California Government Code states: No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan. The General Plan includes numerous policies about the future development and redevelopment of the city, and staff has determined that the proposed draft Specific Plan Update is consistent with the overall vision of the General Plan as well as with all the goals and policies which can be applied to the Section 14 Specific Plan planning area. The draft Specific Plan update does not include a General Plan Amendment. Section 3: NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts the Mitigated Negative Declaration (MND), and approve the Section 14 Master Development Plan/Specific Plan Comprehensive Update. ADOPTED this 16" day of July 2014. David H. Ready, Imager ATTEST: ames Thompson, City Clerk Resolution No. 23634 Page 4 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. 23634 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 July 16, 2014 by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Lewin, Mayor Pro Tern Hutcheson and Mayor Pougnet. NOES: None, ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs California,