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Home My WebLink About22619 - RESOLUTIONS - 11/4/2009 RESOLUTION NO. 22619 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 INDIAN CANYON DRIVE WIDENING PROJECT, CIF NO, 01-25, FEDERAL AID PROJECT NO. STPLN 5282(023). WHEREAS, the City of Palm Springs ("City") submitted an application to the Federal Highway Administration ("FHWA") for Federal Local Assistance Funds from the Surface Transportation Program Local On National Highway System (STPLN) Program to construct the Indian Canyon Drive Widening Project, City Project No. 01-25, Federal Aid Project No. STPLN 5282(023) ("Project"); and WHEREAS, the Project will widen Indian Canyon Drive for a distance of approximately 1.9 miles from Tramview Road to the Union Pacific Railroad bridge through the Whitewater River, "at grade", from two lanes to four lanes; and WHEREAS, the Project is consistent with the Circulation Element of the 2007 Palm Springs General Plan Update, which identifies Indian Canyon Drive as a Major Thoroughfare in the Circulation Element; and WHEREAS, the Project is listed on the Southern California Association of Governments ("SCAG") 2008 Regional Transportation Improvement Program ("RTIP") as Project ID # RIV011203, approved by the Federal Highway Administration and Federal Transit Administration on November 17, 2008; 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 July 13, 2009, 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 July 13 through August 12, 2009; and WHEREAS, by the close of the public comment period on August 12, 2009, there were no requests for a Public Hearing submitted in response to the Notice of Opportunity for Public Hearing; and Resolution No. 22619 Page 2 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. TahquitY 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 August 12, 2009. 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. 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: Resolution No. 22619 Page 3 • Alleviate traffic congestion, • Improve intraregional travel by improving "directional mobility" • Improve local access to commercial and industrial areas within the City of Palm Springs, and • Develop a transportation facility consistent with the Circulation Element of the General Plan. Policy CR2.2: Make street improvements at problem intersections and bottleneck locations to improve specific traffic operations and safety, with all such improvements to be considered selectively on the basis of specific studies of the affected intersection and streets, and the impacts on the surrounding area and on pedestrian activity. As stated in the Project's Statement of Need, the Project will resolve the following.- Capacity Deficiencies. The capacity of the roadway is limited by its inadequate size from its connection with the Interstate 10 interchange and bottleneck when the existing road narrows to one lane in each direction. 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 (otherwise known as a "Mitigation Monitoring and Reporting Program"), for the Indian Canyon Drive Widening Project, City Project No. 01- 25, Federal Aid Project No. STPLN 5282(023). Resolution No. 22619 Page 4 ADOPTED this 4th day of November, 2009. David H. Rea tanager ATTEST: J 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. 22619 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 4t" day of November, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ;22es Thompson, City rvory ity of Palm Springs, California