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HomeMy WebLinkAboutCC RES 01-033RESOLUTION NO, 01-33 A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE MAGNESIA FALLS DRIVE IMPROVEMENT PROJECT (CITY PROJECT NO. 648-99) WHEREAS, an Environmental Impact Report (EIR) was prepared for the Magnesia Falls Drive Improvement project to address the environmental effects, mitigation measures and project alternatives associated with the proposed project; and WHEREAS, the EIR for the Magnesia Falls Drive Improvement project was prepared pursuant to the requirements of Environmental Quality Act (hereinafter "CEQA" Public Resources Code Section 21000-21177), CEQA Guidelines of 1999 (California Code of Regulations Section 15000 et seq), as amended, hereinafter "Guidelines"; and WHEREAS, written comments on the Notice of Preparation were received and incorporated into the DEIR for the Magnesia Falls Drive Improvement project; and WHEREAS, written comments on the DEIR for the Magnesia Falls Drive Improvement project were received from the public during and after the public review period; and WHEREAS, such comments were responded to through a response to comments document and submitted to the City Council; and WHEREAS, the City Council has reviewed all environmental documentation comprising the EIR for the Magnesia Falls Drive Improvement project and has found that the EIR considers all environmental effects of the proposed project and is complete and adequate and fully complies with all requirements of CEQA and the Guidelines; and WHEREAS, Section 21081 of CEQA and Section 15090 of the Guidelines require that the City Council 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: FINDING 1. The planned improvements to Magnesia Falls Drive constitute a "Project" under the provisions of the California Environmental Quality Act (CEQA). RESOLUTION NO. 01-33 FINDING 2. The completion of Magnesia Falls Drive is important to the provision of adequate traffic circulation for the neighborhood it serves, as well as for the City, and provides essential secondary access which may be of critical importance in the event of natural or man-made emergencies. FINDING 3. An Environmental Impact Report (EIR) was prepared on the planned improvements to Magnesia Falls Drive, which included findings of fact regarding existing conditions, potential adverse impacts that might result from completion of the project, and the provision of mitigation measures and mitigation monitoring and reporting programs. FINDING 4. Alternatives to the planned Magnesia Falls Drive project were considered but were determined undesirable and unnecessary to adequately address potential environmental impacts. FINDING 5. The findings of fact set forth in the Draft and Final EIR clearly indicate that the planned improvements to Magnesia Falls Drive will not result in any significant, unmitigated adverse impacts to the environment or to residents, businesses, institutions or lands within the project's area of influence. WHEREAS, the mitigation measures included in the EIR are designed to reduce or eliminate the environmental impacts described therein. Mitigation measures are structured according to the criteria in Section 15370 of the 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. WHEREAS, Section 15093(a) of the Guidelines require the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. NOW, THEREFORE BE IT RESOLVED, that: 1. The City Cuticil hereby certifies the EIR for the Magnesia Falls Drive Improvement project as adequate and complete in that it addresses all environmental effects of the proposed Magnesia Falls Drive Improvement project 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 the Magnesia Falls Drive Improvement project b. Appendices to Draft EIR PAGE 2 of 3 Last pnnted 02/27/2001 4:32 PM G \PubWorks\Sonia De La Fuente\My Documents\RESOLUTIONS\Final EIR for Mag Falls.doc RESOLUTION NO. 01-33 c. Comments received on DEIR and responses to those comments, which combined, comprise the final EIR d. Resolution of Certification and Findings e. All attachments, incorporations and references All of the above information has been, and will be, on file with the City of Palm Desert, Public Works Department, 73-510 Fred Waring Drive, Palm Desert, California 92260. 2. This City Council adopts the Findings with respect to each environmental effect identified in the EIR and the explanation of its rationale with respect to each such finding set forth in the document entitled Environmental Impact Report for Magnesia Falls Drive Improvement project. PASSED, APPROVED, and ADOPTED at the regular meeting of the Palm Desert City Council held on this 12 day of April 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KELLY, SPIEGEL, FERGUSON BENSON, CRITES NONE NONE ON, MAYOR M DESERT, CALIFORNIA ST: SHEILA -. GIL'GAN, CITY OF PALM DES TY CLERK , CALIFORNIA PAGE 3of3 Last panted 02/27/2001 4 32 PM G:\PubWorks\Sonja De La Fuenle\My Documents \RESOLUTIONS\Fnal EIR for Mag Falls.doc