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HomeMy WebLinkAboutRes No 1570PLANNING COMMISSION RESOLUTION NO. 1570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR A PROJECT COMMONLY REFERRED TO AS CONDITIONAL USE PERMIT 92-2 AS MEETING THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AS AMENDED. WHEREAS, the City of Palm Desert did process a conditional use permit and environmental impact report therefore, for a project commonly referred to as Conditional Use Permit 92-2; and WHEREAS, said project involved the development of four lighted ballfields, a corporate yard, concession stand, restrooms, parking, and other recreation facilities; and WHEREAS, the 72 acres are bounded by Magnesia Falls Road and Fred Waring Drive to the north and south, San Pablo Avenue/College of the Desert and the San Pascual Channel to the east and west, and were acquired by Palm Desert to develop a Civic Center Park; and WHEREAS, a draft environmental impact report (DEIR) was prepared for the project to address the environmental effects, mitigation measures and project alternatives associated with the proposed Conditional Use Permit 92-2; and WHEREAS, the DEIR for Conditional Use Permit 92-2 was prepared pursuant to the requirements of the California Environmental Quality Act of 1970 as amended and state guidelines for the preparation therefore; and WHEREAS, written comments on the Notice of Preparation were received and incorporated into this DEIR for Conditional Use Permit 92- 2; and WHEREAS, written comments on the DEIR for Conditional Use Permit 92-2 were received from the public during the public review period; and WHEREAS, such comments were responded to through a response to comments document and submitted to the Planning Commission; and WHEREAS, the Planning Commission has reviewed all environmental documentation comprising the DEIR for Conditional Use Permit 92-2 and has found that the DEIR considers all environmental effects of the proposed project and is complete and adequate and fully complies with all requirements of CEQA and its guidelines; and WHEREAS, Section 21081 of CEQA and Section 15090 of the California CEQA Guidelines require the Planning Commission to make one or more of the following findings prior to approval of a project for which an EIR has been completed identifying one or more significant effects of the project, along with statements of facts supporting each finding: PLANNING COMMISSION RESOLUTION NO. 1570 FINDING 1 - Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the ri EIR. FINDING 2 - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS, the mitigation measures included in this resolution are designed to reduce or eliminate the environmental impacts described herein. Mitigation measures are structured according to the criteria in Section 15370 of CEQA Guidelines. This section provides generally that "mitigation" includes: a) avoidance of an impact; b) minimization of an impact; c) rectifying an impact by restoration; d) reducing or eliminating an impact over time by preservation and maintenance operations; and e) compensating for the impact by replacing or providing substitute resources or environments. Additionally, mitigation measures have been drafted to meet the requirements of Public Resources Code Section 21081.6 as monitoring program. In most cases herein, the drafting approach defines the following for each mitigation measure: 1. A time for performance - In each case, a time for performance of the mitigation, or review of evidence that mitigation has taken place, is provided. The performance points selected are designed to ensure that impact related components of project implementation do not proceed without establishing that the mitigation is assured. 2. A responsible party supervising performance - In each case, a public official is named in the mitigation measure as responsible for ensuring that the mitigation measure will not be inadvertently overlooked in connection with the issuance of a later permit, the supervising public official is the official who grants the permit called for in the performance. 3. Definition of mitigation - In each case (except where a mitigation, such as a geotechnical report, is a well-known procedure or term of art), the mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations, or identification of the steps to be taken in mitigation. 2 IMO PLANNING COMMISSION RESOLUTION NO. 1570 To further facilitate the monitoring of these measures during project implementation, each measure has been drafted in a manner suitable for use as a condition of approval. It is anticipated that the mitigation measures herein may be used without additional monitoring report requirements, as each measure is designed to be self-executing. The City of Palm Desert is implementing a monitoring program in accordance with state mandate Section 2108.6 of the Public Resources Code. WHEREAS, Section 15093(a) of the Guidelines require the Planning Commission to balance the benefits of a proposed project against is unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15093(a) requires that, where the decision of the Planning Commission allows the occurrence of significant effects which are identified in the EIR but are not mitigated, the Planning Commission must state in writing the reasons to support its action based on the EIR or other information in the record; and NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Planning Commission hereby certifies EIR for the proposed project commonly referred to as Conditional Use Permit 92-2 and fully complies with the requirements of the California Environmental Quality Act and the Guidelines. Said EIR is composed of the following elements: a. Draft EIR for Conditional Use Permit 92-2 b. Appendices to Draft EIR c. Comments received on DEIR and responses to those comments d. resolution of Certification and Findings e. All attachments, incorporations and references delineated in items a. through d. above All of the above information has been, and will be, on file with the City of Palm Desert Community Development Department, 73-510 Fred Waring Drive, Palm Desert, California, 92260. 2. All mitigation measures identified herein are implemented through the conditions of approval setforth in Planning Commission Resolution No. 1571 approving CUP 92-2 attached hereto as Exhibit A. 3 PLANNING COMMISSION RESOLUTION NO. 1570 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of May, 1992, by the following vote, to wit: AYES: JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: NONE del,"?y Zak,died) CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, S'ecp7ary Palm Desert PlanniM Commission /tm 4