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Home My WebLink AboutCC RES 92-068qa�� RBSOLIITION NO. 9 � , A RESOLUT:ON OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYZNG AN ENVIRONMENTAL IMPACT REPORT FOR A PROJECT CODQiONLY 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 Deeert did procees a conditional uee permit and environmental impact report therefore, for a project commonly referred to as Conditional Jse Permit 92-2; and WHEREAS, said project involved the development of four lighted ballfielde, a corporate yard, concession stand, reatroome, parking, and other recreat�on facilities; and WHEREAS, the 72 acres are bounded by Maqnesia Falle Road and Fred warir.g Drive to the north and eouth, San Pablo Avenue/Colleqe of the Desert and the San Pascual Channel to the east and weat, and were acquired by Palm Desert to deveiop a Civic Center Park; and WHEREAS, a draft environmental impact report (DEIR) wae prepared.for the project to addresa the enviroruqental effecte, mitiqation measures and project alternatives aseociated with the propoaed Conditional Use Permit 92-2; and wHEREAS, the DEIR for Conditional IJse Permit 92-2 was prepared pursuant to the requirements of the California Environmental Quality Act of 1970 as amended and state quidelinea for the preparation therefore; and WHEREAS, written commente on the Notice of Pr�paration were received and incorporated into thia DEZR for Conditional Uae P�rmit 92-2; and WHEREAS, written comments on the DEIR for Conditional Use Permit 92-2 were received from thQ public durinq the public r�view p�riod; and . WHEREAS, such commenta were rQaponded to through a response to comments document and submitted to the Plaaning Commiasion; and WHEREAS, the Planninq Comtniesion reviewed all environmental documentation comprising the DEIR for Conditional Use P�rmit 92-2 and found that the DEIR considers all environmental effects of the praposed project and is complete and adequate and fully complies with all requiremente of CEQA and its guidelines; and wHEREAS, Section 21081 of CEQA and Saction 15090 of the California CEQA Guidelines require th� Planninq Commisaion to make one or more af the following findinqs prior to approval of a project for which an EIR has been compLeted identifyinq one or mors significant �ffQcta of th� project, alonq with atatements of facts supportinq each findinq: FINDING 1- Chanqes or alterations have been required in, or incorporated into, the project which mitiqate or avoid the siqnificant environmental effects thereof as identified in the EIR. FINDING 2- Such chanqes or alterations are within the responeibility and jurisdiction oi anoth�r public aqency and not the agency making the findinq. Such chanq�s have be�n adopted by such other aqency or can and ahould be adopted by such other aqoncy. FINDZNG 3- Specific economic, eocial or other considerations make infeasible the mitigation moaaures or projvct alternatives identified in the EIR; and WHEREAS, the mitiqation maasures includod in Planninq Commisaion Resolution No. 1570 are desiqned to reduce or eliminat• the environmental impacts described xssoL�r zoer r�o . � � - herein. Mitiqation measurea are atructured accordinq to the criteria in Section 15370 of CEQA Guidelines. This section provides generally that "mitigation" includes: a) avoidance of an impact; b) min �nization of an impact; c) rectifyinq an impact by reetoration; d) reducinq or eliminatinq an impact over time by preservation and maintenance operatione; and e) compeneatinq for the impact b� replacinq or providing aubetitute resourcea or environmenta. wHEREAS, as the result of an appeal filed with the City of Palm Desert requesting reversal of the Planninq Commiasion's decision, a duly noticed public hearinq before the Palm Desert City Council waa held on June 25, 1992; and wHEREAS, after holdinq said hearing and receivinq testimony from those wishing to address this issue, the Palm Desert City Council has concluded that the action of the Planninq Commission was propar and ahould be reaffirmed. Additionally, mitigation measurea have beea drafted to meet the requirements of Public Resources Code Section 21081.6 as monitorinq program. In most cases herein, the drafting approach definee the followinq for eacri mitigation measure: 1. A time for performance - In each case, a ticne for performance of the mitiqation, or review of evidence that mitiqation has taken place, is provided. The performance points aelected are designed to ensure that impact related components of project implementation do not proceed without establishing that the mitiqation is asaured. 2. A res naible art eu rviain rformance - In each case, a public officia is named in the mitiqation meaeure as responsible for ensurinq that the mitiqation measur• will not be inadvertently overlooked in connection with th� ia�uanca of a later permit, the � supervisinq public official ia th� official who qrante the permit called for in the performance. 3. Definition of miti ac�tion - In each caee (except where a mitiqation, such as a qeotechnical r�port, is a wall-known procsdure or term of art), the mitiqation mea�ur� contains the criteria for mitigation, either in the form of adherence to c�rtain adopted requlations, or identification of the atepa to be taken in mitiqation. To further facilitate the monitorinq of thes• meaeures durinq project implementation, each maasura ha,s heen draft�d in a mann�r suitabl• for use as a tondition of approval. It is anticipated that the mitiqation meaeurea her�in may be uaed without additional monitorinq raport requirementa, aa each measure is designed to be self-�xecuting. Th� City oi Palm D�sert is implementing a monitorinq program in accordance with etate mandate SQction 2108.6 of the Public Resources Code. wHEREAS, Section 15093(a) of the Guidelines require the City of Palm Desert to balance the benefite of a proposed project aqainet ia unavoidable environmental riske in determininq whether to approv� the project; and WHEREAS, Section 15093(a) r�quir�� that, whero the decision of the City Council of the City of Palm D�s�rt allows th� occurr�nco of siqnificant effects which are identified in th� EIR but ara not mitiqated, the City Council must etate in writinq the reason• to support ita action based on the EIR or other information in the record; aad � � �1 . RBSOLOTZON NO. 5'� NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council of the City of Palm Desert hereby certifiee EIR for the propo9ed 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 compoeed of the following elementa: a. Draft EIR for Conditional Use Permit 92-2 b. Appendicee to Draft EIR c. Comments received on DEIR and responsea to those comments d. resolutian of Certification and Findinga e. A11 attachments, incorporationa and referencee delineated in itema a. through d. above All of the above infornation hae been, and will be, on file with the City of Pa:m Desert Community Development Department, 73-51� Fred Warinq Drive, Palm Desert, California, 92260. 2. All mitigation measures identified herein are implemented through . thQ conditions of approval setforth in City Council Resolution No. 92-69 approvinq CUP 92-2 attached hereto as Exhibit A. PASSED, APPROVED and ADOPTED at a rQqular m�etinq of the Palm Desert City Council, held on thia 25th day of June, 1992, by the followinq vote, to wit: AYES: BEhSON, CRITES, SNYDER, WILSON, KELLY I30ES : ;�ONE ABSENT: �ONE ABSTAZN: NOtiE RIC S. RELLY, Mayor ATTEST: , J 1� � .. - . G lJ�'�- SHEILA R. LLIGAN, C ty •r City of al Desert, Caliiornia ( 3