HomeMy WebLinkAbout23076 RESOLUTION NO. 23076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING AND
ORDERING THE FILING OF A MITIGATED NEGATIVE
DECLARATION FOR THE SOUTH PALM CANYON DRIVE
LOW WATER CROSSING BRIDGE REPLACEMENT AT
ARENAS CANYON SOUTH, FEDERAL AID PROJECT NO.
BR-NBIL (502) (CP 06-18).
WHEREAS, the City of Palm Springs ("City') submitted an application to the
Federal Highway Administration ("FHWA") for Federal Highway Bridge Rehabilitation
and Replacement (HBRR) Program funds to construct the South Palm Canyon Drive
Low Water Crossing Bridge Replacement at Arenas Canyon South, City Project No. 06-
18, Federal Aid Project No. BR-NBIL (502) ("Project'); and
WHEREAS, the Project will replace the existing low water crossing on South
Palm Canyon Drive at the Arenas Canyon South drainage channel, located immediately
north of the Bogert Trail intersection, in Palm Springs; and
WHEREAS, the Project is consistent with the Circulation Element of the 2007
Palm Springs General Plan Update, which identifies South Palm Canyon Drive as a
"Secondary Thoroughfare" in the Circulation Element; and
WHEREAS, the Project is listed on the Southern California Association of
Governments ("SCAG") 2011 Federal Transportation Improvement Program ("FTIP") as
Project ID # RIV31206, approved by the Federal Highway Administration and Federal
Transit Administration on December 14, 2010; and
WHEREAS, the Project implements the goals and policies of the General Plan;
and
WHEREAS, an Initial Study was prepared pursuant to the provisions of the
California Environmental Quality Act ("CEQA"), Division 13 of the Public Resources
Code of the State of California, beginning with §21000 (hereinafter "Act'); and
WHEREAS, pursuant to Section 21152 of the Act, on October 24, 2011, a Notice
of Intent to Adopt a Mitigated Negative Declaration and Availability of Initial Study, and
Notice of Opportunity for Public Hearing, was filed with the California State
Clearinghouse; and
WHEREAS, the Initial Study and Mitigated Negative Declaration (IS/MND) was
circulated for public comment from October 24 through December 5, 2011; and
Resolution No. 23076
Page 2
WHEREAS, by the close of the public comment period on December 5, 2011,
there were no requests for a Public Hearing submitted in response to the Notice of
Opportunity for Public Hearing; and
WHEREAS, pursuant to Section 15202 of the CEQA Guidelines, Title 14,
Division 6, Chapter 3, Article 13 'Review and Evaluation of EIRs and Negative
Declarations", of the California Code of Regulations, CEQA does not require formal
hearings at any stage of the environmental review process, and public comments may
be restricted to written communications; and
WHEREAS, the IS/MND prepared for this project has concluded, and following
public review, it has been determined that the Project will not have a significant effect on
the environment with the adoption of avoidance and mitigation measures identified in
the MND; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the Project, including, but not limited to, the staff
report, the IS/MND, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The above recitals are all true and correct.
Section 2: The City Clerk of the City of Palm Springs, is hereby designated the
custodian of the documents and other materials which constitute the record of proceedings
upon which the City Council has based its decision. The custodian of the documents is
located at 3200 E. Tahquitz Canyon Way, Palm Springs, California.
Section 3: Pursuant to Section 15063 of the CEQA Guidelines, a Mitigated Negative
Declaration ("MND") of environmental impact was prepared and circulated for a 30-day
public review period ending on December 5, 2011. The Mitigated Negative Declaration
adequately analyzes the general environmental setting of the Project, its potentially
significant environmental impacts, and the alternatives and mitigation measures related
to each potentially significant environmental impact for the Project, and has determined
that there are no potentially significant impacts associated with the Project.
Section 4: The Project implements the following goals and policies of the General
Plan:
Goal CR1: Establish and maintain an efficient, interconnected circulation system that
accommodates vehicular travel, walking, bicycling, public transit, and other forms of
transportation.
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Goal CR2: Establish improved levels of service for efficient traffic flow and provide a
safe circulation system.
As stated in the Project's Statement of Purpose of Need, the Project will accomplish the
following:
• Provide continuous access along South Palm Canyon Drive
• Improve drainage within the project area
Section 5: The City Council has carefully reviewed and considered all of the evidence
presented in connection with the Project, including, but not limited to, the staff report,
the Initial Study and public comments received, the proposed Mitigated Negative
Declaration, the proposed Environmental Commitment Record (otherwise known as a
"Mitigation Monitoring and Reporting Program"), and all written and oral testimony
presented. The City Council further finds that on the basis of the entire Project record,
there is no substantial evidence that the Project will have a significant effect on the
environment and that the Mitigated Negative Declaration reflects the City's independent
judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED, that based upon the foregoing, and pursuant
to Section 15074 of the CEQA Guidelines, Title 14, Division 6, Chapter 3, Article 6
"Negative Declaration Process", of the California Code of Regulations, the City Council
adopts and orders the filing of a Mitigated Negative Declaration, and approves the
Environmental Commitment Record, for the South Palm Canyon Drive Low Water
Crossing Bridge Replacement at Arenas Canyon South, City Project No. 06-18, Federal
Aid Project No. BR-NBIL (502).
ADOPTED THIS 18TH DAY OF JANUARY, 2012.
David H. Ready, Cit ager
ATTEST:
ames Thompson, City Clerk
Resolution No. 23076
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. 23076 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 January 18, 2012, by the
following vote:
AYES: Councilmember Mills, Mayor Pro Tem, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson and Councilmember Lewin.
ABSTAIN: None.
aames Thompson, City Clerk
City of Palm Springs, California oz�'2�Za