HomeMy WebLinkAboutRes 2023-053RESOLUTION NO. 2023-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH
NO. 2023050370) OF ENVIRONMENTAL IMPACT AND A MITIGATION
MONITORING AND REPORTING PROGRAM IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NOS. SP/EA22-0002
WHEREAS, Desert Care Network/Tenet Healthcare (“Applicant”) submitted
applications for a Specific Plan Amendment (“Specific Plan”) to amend the University
Neighborhood Specific Plan (UNSP) to allow medical offices and m edical clinics as allowed
land uses within the Neighborhood Center designation, create a Professional/Medical Office
Overlay, and apply said overlay to a 10.47-acre site located at the southwest corner of Gerald
Ford Drive and Technology Drive; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm
Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City
prepared an Initial Study to determine if the Project may have a significant effect on the
environment and to evaluate whether an Environmental Impact Report (EIR) was required;
and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA
Implementation Requirements, a Mitigated Negative Declaration (MND), SCH No.
2023050370 (EA22-0002) was prepared for the project which Mitigation measures that avoid
or mitigate the potentially significant impacts to a point where no significant impacts were
identified and a Mitigation Monitoring and Reporting Program (MMRP) was prepared for the
Project attached as “Exhibit A” to this resolution; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of September 2023, hold a duly noticed public hearing to consider the request
by the Applicant and adopted Planning Commission Resolution No. 2832 recommending that
the City Council adopt the MND; and
WHEREAS, the City Council of the City of Palm Desert, did on the 26th day of October
2023, hold a duly noticed public hearing, the City Council opened the public hearing, the City
Council considered the request by the Applicant for the Environmental Assessment; and
WHEREAS, all the requirements of the Public Resources Code and the State CEQA
Guidelines have been satisfied by the City in connection with the preparation of the MND,
which is sufficiently detailed so that all of the potentially significant environmental effects of
the Project, as well as feasible mitigation measures, have been adequately evaluated; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to
this Resolution are based upon the oral and written evidence presented to it as a whole and
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the entirety of the administrative record for the Project, which are incorporated herein by this
reference, and not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council had heard, been presented with,
reviewed and considered all of the information and data in the administrative record; and
WHEREAS, the MND reflects the independent judgment of the City Council and is
deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no comments submitted during the public review period, or made during
the public hearing conducted by the City Council, and no additional information submitted to
the City require substantial revisions to the MND necessitating recirculation or additional
environmental review of the Project under State CEQA Guidelines section 15073.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. CEQA. The Specific Plan or amendment has been reviewed in
compliance with the provisions of the CEQA:
Under the CEQA and the State CEQA Guidelines, an Initial Study has been prepared
to analyze the environmental impacts of the Project. The documents have been
completed in compliance with CEQA, the State CEQA Guidelines, and the City of Palm
Desert local CEQA guidelines. All environmental impacts of the Project are either
insignificant or can be mitigated to a less than significant level pursuant to the
mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring
and Reporting Program (MMRP).
SECTION 3. Project Approval. The City Council hereby approves and adopts the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in Case No.
SP/EA22-0002 attached to this Resolution as Exhibit “A.”
SECTION 4. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City’s office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of
the City of Palm Desert is the custodian of the record of proceedings.
SECTION 5. Notice of Determination. Staff is directed to file a Notice of Determination
with the Riverside County Clerk within five (5) working days of approval of the Project and
adoption of the Final MND.
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SECTION 6. Effective Date. This Resolution shall become effective immediately
upon its adoption.
ADOPTED ON OCTOBER 26, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No.
2023-053 is a full, true, and correct copy, and was duly adopted at a regular meeting of the
City Council of the City of Palm Desert on October 26, 2023, by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on __________________.
ANTHONY J. MEJIA
CITY CLERK
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EXHIBIT A
CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/EA22-0002
MITIGATION AND MONITORING PROGRAM
Mitigation Measure
Responsible
for
Monitoring Timing Criteria
BIOLOGICAL RESOURCES
BIO.1 Burrowing Owl Surveys
To mitigate potential impacts to
burrowing owl, two pre-construction
surveys shall be conducted in
accordance with CDFW protocol.
The first survey shall occur between
14 and 30 days prior to ground
disturbance, and the second shall
occur within 24 hours of the initiation
of ground disturbance activities for
any phase of development on the
Project site.
If no owls are detected during
those surveys, ground
disturbance may proceed
without further consideration of
this species, assuming there is
no lapse between the surveys
and construction, because the
protocol states “time lapses
between Project activities trigger
subsequent take avoidance
surveys including but not limited
to a final survey conducted within
24 hours prior to ground
disturbance.”
If burrowing owls are detected
during the surveys, avoidance
and minimization measures shall
be required. Avoidance and
minimization measures may
include establishing a buffer
zone, installing a visual barrier,
implementing burrow exclusion
and/or closure techniques, in
conformance with CDFW
protocol.
Project
Biologist, City
Engineer,
Planning
Department
Prior to
issuance of
any permits
that result
in ground
disturbance
The Project biologist
shall supply the City
with reports of
findings regarding
burrowing owls and
migratory birds. The
reports will be
attached to the
grading permit for the
Project.
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BIO.2 Migratory Bird Treaty Act
If ground disturbance or tree or plant
removal is proposed between
January 15 1st and August 31st, a
qualified biologist shall conduct a
nesting bird survey within 7 to 10
days of initiation of grading onsite,
focusing on MBTA covered species.
If active nests are reported, then
species-specific measures shall be
prepared. At a minimum, grading in
the vicinity of a nest shall be
postponed until the young birds
have fledged. For construction that
occurs between September 1st and
January 31st, no pre-removal
nesting bird survey is required.
In the event active nests are
found, exclusionary fencing
shall be placed around the
nests until such time as
nestlings have fledged.
Avoidance buffers shall be
100 to 300 feet from the
nests of unlisted songbirds,
and 500 feet from the nests
of birds-of-prey and listed
species.
Project
Biologist, City
Engineer,
Planning
Department
Prior to
issuance of
any permits
that result
in ground
disturbance
The Project biologist
shall supply the City
with reports of
findings regarding
burrowing owls and
migratory birds. The
reports will be
attached to the
grading permit for the
Project.
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CUL.1 Archaeological and Tribal
Monitoring
Earth-moving activities, including
grading, grubbing, trenching, or
excavations at the site shall be
monitored by a qualified
archaeologist and a Native
American monitor.
If any cultural materials more than
50 years of age are discovered, they
shall be recorded and evaluated in
the field. The monitors shall be
prepared to recover artifacts quickly
to avoid construction delays but
must have the power to temporarily
halt or divert construction equipment
to allow for controlled archaeological
recovery if a substantial cultural
deposit is encountered. The
monitors shall determine when
excavations have reached sufficient
depth to preclude the occurrence of
cultural resources, and when
monitoring should conclude.
If artifacts are discovered, these
shall be processed, catalogued,
analyzed, and prepared for
permanent curation in a repository
with permanent retrievable storage
that would allow for additional
research in the future.
Project
applicant,
Project
archaeologist,
Tribal
monitor,
Planning
Division, City
Engineer.
Monitoring
shall occur
during
earth-
moving
activities.
Within 30 days of the
completion of ground
disturbing activities
on the Project site, a
report of findings
shall be filed with the
City.
GEOLOGY AND SOILS
GEO.1 A site-specific Geotechnical
Report shall be prepared and
submitted with grading plans, and
report recommendations should be
incorporated in Project design and
construction.
Project
engineer,
Project
geotechnical
consultant,
Project
applicant.
Prior to
issuance of
grading
permits
Final report
submitted to and
approved by the City
TRAFFIC AND CIRCULATION
TRA.1 In addition to paying the
requisite CVAG TUMF fee, and to
remedy the LOS deficiency at the
intersections of Cook Street and the
Project
applicant,
Prior to the
issuance of
grading
permits
The Project
applicant shall
coordinate with the
City and CVAG the
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I-10 westbound and eastbound
ramps, the Project is responsible for
the following fair share contributions:
Intersection of Cook Street and I-10
Westbound Ramp: Project is
responsible for 8.0% towards a 2nd
200 ft. WB left turn lane.
Intersection of Cook Street and I-10
Eastbound Ramp: Project is
responsible for 9.2% towards the
restriping of existing NB travel lanes
to achieve a 12ft. wide NB 200 ft.
long right turn lane, with remaining
through travel lanes at 11ft. widths.
Ultimately include northbound free-
right turn channelization.
CVAG, City
Engineer.
payment of CVAG’s
TUMF fee and the
agreed upon fair
share contribution
for improvements to
the intersection of
Cook Street and the
I-10 westbound and
eastbound ramps.
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