HomeMy WebLinkAboutCC RES 79-095�
RESOLUTION NO. 79-95
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING
AND DIRECTING PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT FOR THE PROPOSED IRONWOOD WEST
DEVELOPMENT
WHEREAS, on September 10, 1976, September 23, 1976, and
July 20, 1979, the lands and inhabitants of the City of Palm
Desert suffered damage in excess of $40,000,000 as a result
of storm waters; and
WHEREAS, it is imperative that the City take all possible
steps to avoid or mitigate the possibility of future damage
from storm waters to both new and existing developments; and
WHEREAS, across the southerly portion of the City, there
presently exists a raised flood control dike, hereafter called
"Highlands Dike", owned and maintained by the Coachella Valley
County Water District as part of its regional flood control
faci_lities; and
WHEREAS, during the floods in 1976, the Highlands Dike
was breached by storm waters and, as a result thereof, exten-
sive property damage occurred downstream; and
WHEREAS, due to the uncertainty whether the Highlands
Dike was designed to withstand a 100-year storm, a significant
risk exists that said Dike may fail again posing a substantial
threat to life and property; and
WHEREAS, a residential development, hereafter called
"Ironwood West", has been proposed on approximately 179 acres
adjacent to and southerly (upstream) of the Highlands Dike;
and
��
�
l,
. .�
WHEREAS, the City prepared and adopted a plan entitled
"Master Drainage Plan for the City of Palm Desert", dated June,
1976; and
6VHEREAS, prior to approval of Ironwood West, the City
conducted an environmental evaluation of said development which
resulted in the requirement that DeveZoper construct another
dike parallel to and approximately 1/2 mile southerly (upstream)
of the Highlands Dike, hereafter called the "Ironwood West Dike";
and
WHEREAS, construction of the Ironwood West Dike to withstand
a 100-year storm was required to avoid or mitigate any significant
effects on the environment identified in the Initial Study on
Ironwood Plest; and
WHEREAS, upon completion of construction of the Ironwood
[�7est Dike, it is intended that said Dike will be owned and main-
tained by the Coachella Valley County Water District, as part of
its regional flood control facilities; and
� WHEREAS, based upon said mitigation measure, the City
authorized issuance of a Negative Declaration and filing of
a Notice of Determination approving Ironwood West; and
WHEREAS, on June 21, 1979, a complaint was filed in the
Superior Court for the County of Riverside entitled City of
Indian Wells v. City of Palm Desert (No. 131828) seeking to
invalidate the zone change and conditional use permit for
failure to prepare an EIR on Ironwood West and to enjoin
construction of the Ironwood West Dike as a nuisance; and
WHEREAS, said complaint appears to be based upon the
premise that the construction of the Ironwood West Dike
which would not fail as a result of a 100-year storm constitutes
a significant effect on the environment and a nuisance to the
City of Indian Wells; and
2.
•
WHER.EAS, in order to expedite construction of the
Ironwood West Dike as a necessary flood control facility and
to minimize the unreasonable and unwarranted delays caused by
said complaint, the Developer has offered to prepare an EIR
on Ironwood West:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Palm Desert, California:
l. The City Council of the City of Palm Desert does
hereby find and determine:
(a) That this City has heretofore conducted an
environmental evaluation of Ironwood West
in the time, form and manner required by
CEQA and State EIR Guidelines.
(b) That, during the period for review and
comment on the proposed Negative Declaration,
the City of Indian Wells failed to raise any
environmental objection to Ironwood West or
construction of Ironwood West Dike as a
mitigation measure.
�c) That Ironwood West Dike is consistent with and an
inte�ral part of the "Master Draina�e Plan for the
City of Palm Desert."
(d) That Ironwood West Dike will be a replacement of
the Highlands Dike.
(e) That the Ironwood �•Jest Dike will not collect or
direct any more waters than are presently collected
or directed by the Highlands Dike.
(f) That the drainage area affected by the Ironwood
West Dike is identical to the drainage area
3.
�
affected by the existing Highlands Dike.
(g) That the Ironwood West Dike will be designed
to intercept and conduct storm waters safely
into the existing Deep Canyon Stormwater
Channel and to the Whitewater River.
(h) That it is intended that the Ironwood [Jest Dike will
be owned and maintained by the Coachella Valley County
`,�ater District, as an integral part of its regional
flood control facilities.
(i) That construction of the Ironwood West Dike to
withstand a 100-year storm will enable the
Federal Government to re-evaluate issuance of
high coverage, low premium flood insurance which
is not currently available.
(j) That the Ironwood 4�Iest Dike will mitigate or avoid
the significant effects on the environment identi-
fied by the Initial Study on Ironwood West.
(k) That the Ironwood West Dike is a necessary and
feasible mitigation measure.
2. The City Council of the City of Palm Desert does
�urther find and determine:
(a) That construction of the Ironwood West Dike
will provide necessary protection to Ironwood
West and to downstream lands and inhabitants
from disasters caused by storm waters such as
occurred in 1976 and 1979.
(b) That constructzon of the Ironwood West Dike
will not create any additional risks to down-
4.
.
stream lands and inhabitants.
(c) That construction of the Ironwood West Dike
is necessary for the protection and preservation
of the health, safety and welfare of downstream
lands and inhabitants.
3. The City Council of the City of Palm Desert reaffirms
its prior determination to issue a Negative Declaration
and to file a Notice af Determination approving Ironwood
West and construction of the Ironwood West Dike; however,
due to the filing of a complaint entitled City of Indian
Wells v. City of Palm Desert (No. 131828) construction
of the Ironwood P]est Dike may be unnecessarily and
unjustifiably delayed to the detriment of downstream
lands and inhabitants.
4. The City Council of the City of Palm Desert does
further find and determine:
(a) That, in order to protect and preserve the health,
safety and welfare of downstream lands and inhabi-
tants, it is necessary to minimize the delays
resuiting from said complaint by authorizing
and directing preparation of an unnecessary
EIR on Ironwood West.
(b� That the Planning Center, consultants
retained by the developers of Ironwood West,
are acceptable for preparation of an EIR.
(c) That, in behalf of the City, the Plannin� Center
� is authorized and directed to prepare an EIR
on Ironwood West in the time, form and manner
5.
r
required by CEQA and State EIR Guidelines,
said EIR to specifically address the effects
of the Ironwood West Dike.
(d) That said EIR shall be prepared at the sole
cost and expense of the developers of Ironwood
West.
(e) That the City, as lead agency, shall be
responsible for and shall retain full control
of said EIR.
The City Council of the City of Palm Desert does
authorize and direct special counsel to convey to
the Court its belief that said complaint is totally
lacking in any factual basis and that said complaint
has been filed for the express purpose of unreasonably
and arbitrarily preventing construction of a necessary
flood control facility.
5.
PASSED, APPROVED, and ADOPTED this 9th day of August, 1979,
by the following vote, to wit:
AYES: Brush, Newbrander, Wilson & McPherson
NOES: None
ABSENT: Mullins
ABSTAIN: P
M
ATTEST:
SHEILA R. GI IGAN, CI CLERK
CITY OF PALM DESERT, IFORNIA
C'�