HomeMy WebLinkAboutCC RES 02-135RESOLUTION NO. 02-135
A RESOLUTION OF THE CITY OF PALM DESERT,
CALIFORNIA, CERTIFYING FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT (SEIR) FOR
DEVELOPMENT OF "THE CREST" GOLF CLUB AND
RESIDENTIAL VILLAGE.
CASE NOS. GPA 02-01. C/Z 02-01. TT 30438. PP/CUP 02-
03 AND DA 02-01
WHEREAS, the City Council of the City of Palm Desert, California, did on the
24th day of October, 2002, hold a duly noticed public hearing to consider the request
of Destination Development Corp. for consideration of the above -mentioned SEIR; and
WHEREAS, the Planning Commission has recommended certification by adoption
of its Resolution No. 2155; and
WHEREAS, a Draft Subsequent Environmental Impact Report (SEIR) was
prepared for "The Crest" project to address the environmental effects, mitigation
measures and project alternatives associated with the proposed project known as "The
Crest"; and
WHEREAS, the SEIR for "The Crest" was prepared pursuant to the requirements
of California Environmental Quality Act (hereinafter "CEQA" Public Resources Code
Section 21000 et seq), the State CEQA Guidelines (California Code of Regulations
Section 15000 et seq hereinafter "Guidelines"); and
WHEREAS, written comments on the Notice of Preparation were received and
incorporated into the SEIR for "The Crest"; and
WHEREAS, written comments on the SEIR for "The Crest" were received from
the public during and after the public review period; and
WHEREAS, such comments were responded to through a response to comments
and submitted to the City Council; and
WHEREAS, the City Council has reviewed all environmental documentation
comprising the SEIR for "The Crest", considered any oral communication made at the
public hearing, and has found that the SEIR 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
RESOLUTION NO. 02-135
approval of a project for which an SEIR has been completed identifying one or more
significant effects of the project, along with statements of facts supporting each
finding:
FINDING 1: Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental effects thereof
as identified in the SEIR.
FINDING 2: Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding.
Such changes have been adopted by such other agency or can and should be
adopted by such other agency.
FINDING 3: Specific economic, social or other considerations make infeasible
the mitigation measures or project alternatives identified in the SEIR; and
WHEREAS, the mitigation measures included in the SEIR are designed to reduce
or eliminate the environmental impacts described herein. 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.
Additionally, mitigation measures have been drafted to meet the requirement of
Public Resources Code Section 21081.6, a monitoring program. In most cases herein,
the drafting approach defines the following for each mitigation measure:
1. A time for performance. In each case, a time for performance of the
mitigation, or review of the evidence that mitigation has taken place, is
provided. The performance points selected are designed to ensure that
impact related components of project implementation do not proceed
without establishing that the mitigation is assured.
2. A responsible party supervising performance. In each case, a public
official is named in the mitigation measure as responsible for ensuring
that the mitigation is carried out. To guarantee that the mitigation
measure will not be inadvertently overlooked in connection with the
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RESOLUTION NO. 02-135
issuance of a later permit, the supervising public official is the official
who grants the permit called for in the performance.
3. Definition of mitigation. In each case (except where a mitigation, such
as a geotechnical report, is a well-known procedure or term of art), the
mitigation measure contains the criteria for mitigation, either in the form
of adherence to certain adopted regulations or identification of the steps
to be taken in mitigation.
To further facilitate the monitoring of these measures during project
implementation, each measure has been drafted in a manner suitable for use as a
condition of approval. It is anticipated that the mitigation measures herein may be used
without additional monitoring report requirements, as each measure is designed to be
self-executing. The City of Palm Desert is implementing a monitoring program as
identified in the SEIR in accordance with State Mandate Section 21086 of the Public
Resources Code.
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; and
WHEREAS, Section 15093(a) requires that, where the decision of the City
Council allows the occurrence of significant effects which are identified in the SEIR but
are not mitigated, the City Council must state in writing the reasons to support its
action based on the SEIR or other information in the record.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby certifies the SEIR for "The Crest" project as
adequate and complete in that it addresses all environmental effects of
the proposed Crest Golf Club and Residential Village and fully complies
with the requirements of the California Environmental Quality Act and the
Guidelines. Said SEIR is composed of the following elements:
a. Draft SEIR for "The Crest"
b. Appendices to Draft SEIR
c. Comments received on SEIR and responses to those comments
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RESOLUTION NO. 02-135
d. Resolution of Certification and Findings
e. All attachments, incorporation and references delineated in items
a. through d. above.
All of the above information has been, and will be, on file with the City of Palm
Desert, Community Development 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 SEIR and the explanation of its rationale with
respect to each such finding set forth in the document entitled
"Statement of Findings" attached hereto and marked as Exhibit A and
made a part hereof.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 24th day of October , 2002, by the following
vote, to wit:
AYES: CRITES, FERGUSON, KELLY
NOES: BENSON, SPIEGEL
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
C.
RAHELLE D. KLASS`�EN, City Cledk
City of Palm Desert, California
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!CHARD S. KELLY, Mayor
RESOLUTION NO. 02-135
EXHIBIT A
STATEMENT OF FINDINGS
THE FOLLOWING FINDINGS have been prepared based upon the Initial Study,
Addendum and special studies prepared in the course of assessing the Crest project.
A. The subject GPA and CZ are prerequisite to the initiation of annexation
proceedings through the Riverside County Local Agency Formation Commission
(LAFCO). The subject lands have been included in the larger Crest annexation
at the request of LAFCO.
B. The subject General Plan Amendment and Zone Change will not, in and of itself
adversely affect existing or planned land uses, City designations being
equivalent to those permitted under the prevailing Riverside County General
Plan.
C. Access issues associated with the subject properties are not affected by the
subject action, and remain civil issues between private property owners.
D. An Initial Study and Addendum was prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA), supported by
special studies prepared on the subject and adjoining lands for the Crest project.
E. It was determined based upon the evidence available, that the proposed action
will have no significant adverse effect on the subject lands or the environment.
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