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HomeMy WebLinkAboutRes No 2239PLANNING COMMISSION RESOLUTION NO. 2239 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF PALM DESERT CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND A MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR CITY OF PALM DESERT GENERAL PLAN UPDATE BASED UPON ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THAT THE CITY COUNCIL ADOPT THE GENERAL PLAN UPDATE. CASE NO. GPA 01-04. GENERAL PLAN UPDATE AND DRAFT EIR WHEREAS, the City of Palm Desert General Plan Update ("Project" or "Proposed Project") has been proposed; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.) and the City's Local CEQA Guidelines, the City of Palm Desert ("City") is the lead agency for the Project; and WHEREAS, in compliance with CEQA, the City prepared a Draft Environmental Impact Report ("EIR") to analyze the potential environmental effects of the Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") for the EIR on May 19, 2003 for a period of 30 days pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375; and WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency would have analyzed in the Draft EIR; and WHEREAS, approximately seven (7) written statements were received by the City in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and WHEREAS, a Draft EIR was completed and released for public review on September 17, 2003 and the City initiated a 45-day public comment period by filing a Notice of Completion and Availability with the State Office of Planning and Research; and PLANNING COMMISSION RESOLUTION NO. 2239 WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion and Availability to the State Clearinghouse and to all organizations and individuals who had previously requested such notice. Copies of the Draft EIR were provided to approximately 40 public agencies, organizations and individuals; and] WHEREAS, during the 45-day comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, all potential significant adverse environmental impacts were sufficiently analyzed in the Draft EIR; and WHEREAS, during the official public review period for the Draft EIR, the City received approximately nine (9) written comments, all of which the City responded to in the Final EIR; and WHEREAS, the Planning Commission of the City of Palm Desert, at its regularly scheduled public meetings on September 16th, October 7'h and 21 st, reviewed the General Plan Update and at public meetings on November 4th, December 2"d and 16'h, 2003, reviewed the General Plan Update, Draft EIR and Draft Responses to Comments for the Final EIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's Local Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines and the City's Local Guidelines; and WHEREAS, all of the findings and conclusions made by the Planning Commission pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and 2 PLANNING COMMISSION RESOLUTION NO. 2239 ... WHEREAS, environmental impacts identified in the Final EIR which the City finds are Tess than significant and do not require mitigation are described in the Draft EIR; and WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible mitigation measures identified in the Draft and Final EIR and set forth herein, are described in hereby incorporated into the Final EIR; and WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Draft EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Draft EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Project and WHEREAS, no comments made in the public hearings conducted by the City or, any additional information submitted to the City have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RESOLVES AND RECOMMENDS TO THE CITY COUNCIL AS FOLLOWS: 1. That the Council of the City of Palm Desert certifies that the FEIR for the Project has been completed in compliance with the requirements of CEQA and the City Rules to Implement CEQA. 2. That the Council adopts the General Plan Update as revised and submitted by the Panning Commission. 3 PLANNING COMMISSION RESOLUTION NO. 2239 PASSED, APPROVED and ADOPTED at an adjourned meeting of the Palm Desert Planning Commission, held on this 16th day of December, 2003, by the following vote, to wit: AYES: JONATHAN, LOPEZ, TSCHOPP, CAMPBELL NOES: FINERTY ABSENT: NONE ABSTAIN: NONE ATTEST: ti PHILIP DRELL, cretary Palm Desert Planning Commission 4 SONIA M. CAMPBELL, Chairperson