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Home My WebLink AboutCC RES 81-010RESOLUTION N0. 81-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING ENVIRONMEP�TAL IMPACT REPORT EIR 80-1 FOR A PROJECT DESCRTBED AS CHANGE OF ZONE G1-80, DEUELOFMEPJT PLAN 07-80, COhDITIOPdAL USE PERNIT 07-80 AS MEETIPJG THE REQUIREMENTS OF THE CALIF- ORNIA ENVIRONMENTAL QUALITY ACT, STATE AND LOCAL GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS. WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of February, 1981, hold a duly noticed Public Hearing to consider certi- fication of a final Environmental Impact Report, herein after referred to as EIR 80-1, for a project commonly reTerred io as The Fountains; WHEREAS, said project encompassed an application for a Change of Zone, herein after referred to as C/Z 01-80; a Development Plan, herein after referred to as DP 07-80; and a Conditional Use Permit, herein after referred to as CUP 07-80; encom- passing approximately 30 acres generally located at the northeast corner of State Nighway 111 and Deep Canyon Road; WHEREAS, the City Council of the City of Palm Desert had previously scheduled and advertised a Public Hearing for its regular meeting of January 22, 1981, to hear testimony pertaining to Draft EIR 80-1 and C/Z 01-80; 41HEREAS, an appeal was filed with the City Council from the City of Palm Desert Planning Commission approval of DP 07-80 and CUP 07-80 at its regular scheduled meeting of December 30, 1981, per Planning Commission Resolution Nos. 667 and 668; WHEREAS, said appeal was scheduled for Puolic Hearing before the City Council of the City of Palm DEsert on February 12, 1981; WHEREAS, the City Council subsequently opened and continued said Public Hearing on CJZ 01-80 and EIR 80-1 as it pertained thereto, to February 12, 1981, the date set for the duly advertised hearings on DP 07-80, CUP 07-80 and EIR 80-1 as it pertains thereto; and recontinued entire matter to February 26, 1981; WHEREAS, the City Council did receive and review copies of EIR 80-1; 4JHEREAS, the City Council did receive and review staff reports, public comments and responses to said public comments, all minutes and resolutions pertaining to EIR 80-1; ' � ' l4HER�AS, the following potential environmental impacts and mitigation measures were identified either within EIR 80-1, or testimony, staff reports, or comments and responses pertaining to EIR 80-1: A) DRAIyAGE � Tmpacts The site'is adequately drained, however, the site's drainage facilities plan is not designed to accomodate any significant increases in storm water flow ontb the site from the upslope areas. � � Mitigation Measures Provisians should be made to assure that the site's drainage facility can accomodate this added drainage. � B) TRAFFIC AND CIRCULATTON ' Im_ pacts There will be additional traffic generated on Deep Canyon Road and Higfi�vay 111; with 65I of the generated traffic utilizing Highway 111. ._ . �� RESOLUTION N0. 81-10 Page Two Mitiaation Measures a. The California State Department of Transportation shall impose measure to reduce or mitigate potential impacts of Highway 111. b. The proposed public street into the project from Highway 111 must meet California Department of • Transportation standards and requirements. C) NOISE c. Additional dedi•cation and improvement of Deep Canyon Road adjacent to the site will mitigate any s�gnifi- cant adverse traffic impact on Deep Canyon Road. , ` . Im acts � � There would be noise during construction and operation of the commercial cenier. Miti�ation Measures Existing state and loCal regulations would mitigate potential noise during construction. Limiting hours of delivery to the market as well as proper design of the loading area would mitigate noise impacts. l�lNEREAS, conditions of approval set forth by Planning Commission Resolution No. 668 did implement those mitigation measures recommended in EIR 80-1 as follows: A) Special Conditions 1 and 2- Drainage 1. "Drainage facilities shall be provided per Ordinance No 218 and the master drainage plan to the specifications of the Public Works Director. 2. Additional storm drain construction shall be contingent upon a drainage study by the appiicant's engineer; said additional storm drainage construction shall be designed to protect the site from storm water flows." B) Special Conditions 3, 4 and 7- Traffic and Circulation 3. "Applicant shall dedicate and improve that portion of Deep Canyon Road, adjacent to the property, to coincide with the existing curb, gutter, and paved roadway abutting subject property to the north. - , 4. Applicant shall dedicate sufficient parkway to assure that the ultimate improvements of Deep Canyon Road are provided for in a manner to coincide and be uniform with existing improvements north of the subject property. 7. Street improvements along Highway 111 shall be made as required by the State of California Department of Transportation." C) Special Conditions 3, 6 and 9- Noise 5. "There shall be no night deliveries to the supermarket between the hours of 10:00 p.m. and 8:00 a.m. 6. All mechanical equipment associated with the development shall be equipped with manufacturer supplied noise control devices and screened to satisfaction of Design Review Board. 9. The supermarket loading area shall be enclosed by a masonry wall or an equivalent combination of grade differential and masonry wall as approved by the Design Review Board." � WHEREAS, said conditions of approval were also imposed by the City Council in their Resolutions of approval of DP 07-80 and CUP 07-80; and, RESOLUTTON N0. $1-10 Page Three . WHEREAS, said Environmental Impact Report 80-1 concludes that the project described as C/Z 01-80, DP 07-80, CUP 07-80 will not have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as fol�lows: 1. That the above reci�ations are true and correct and constitute the findings of the Council in this matter. 2. The Council does hereby certify the final EIR Text has been completed in compliance with the California Environmental Quality Act of 1970 as amended; and, State and City guidelines implementing said act, with the inclusion of the follo�ing attached hereto: - Exhibit "A", draft EIR 80-1 Text; - Exhibit "B", comments and recommendations received on the draft EIR during the public review period; - Exhibit "C", listing of persons, organizations and public agencies commenting on the draft EIR; - Exhibit "D", authorized response to significant envir- onmental points raised in the review and consultation process; - Exhibit "E", minutes of City of Palm Desert Planning Commission meeting of December 30, 1980; - Exhibit "F", minutes of City Council meetings of January 22, and February 12, 1981; - Exhibit "G", Environmental Services Department staff reports dated January 22, and February 12, 1981; and, - Exhibit "H", City Council Resolutions and Ordinances approving C/Z 01-80, DP 07-80 and CUP 07-80. PASSED, APPROVED and ADOPTED at a regular scheduled meeting of the City Council of the City of Palm Desert on this 26 day of February , 1981, by the following vote, to wit: AYES: ticPherson, Newbrander, Puluqi, Snyder & Wilson NOES: Pdone ABS ENT : None ABSTAIN: idone ATTEST: � SHEILA R. GTCL�GAN, City City of Palm Desert, Cali a m /lr