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HomeMy WebLinkAboutCC RES 03-013RESOLUTION 03-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT PREPARED FOR THE PORTOLA AVENUE WIDENING PROJECT THE ENVIRONMENTAL ASSESSMENT APPLICANT: CITY OF PALM DESERT WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd of January, 2003, hold a duly noticed Public Hearing to consider the Environmental Assessment prepared for the Portola Avenue Widening Project, located along the Portola Avenue right-of-way between Highway 111 and Fred Waring Drive; and, WHEREAS, said Environmental Assessment has complied with the requirements of the City Rules to Implement the California Environmental Quality Act of 1970" in that the Public Works Department has prepared an Initial Study and has determined that although the proposed widening of Portola Avenue could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the contractor requirements, and a Mitigated Negative Declaration of Environmental Impact should be filed, and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Portola Avenue Widening Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by the Environmental Assessment. 2. The proposed Portola Avenue Widening Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. RESOLUTION NO. 03-13 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Portola Avenue Widening Project will not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed Portola Avenue Widening Project will not result in impacts, which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 5. The proposed Portola Avenue Widening Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant and unmitigated impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in Tight of the entire record that the project may have a significant effect on the environment. 7. The proposed Portola Avenue Widening project is consistent with the Circulation Element and other provisions of the City General Plan. 8. The location and custodian of the City's records relating to this project is the Public Works Department located at 73-510 Fred Waring Drive, Palm Desert, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify the Environmental Assessment for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Public Works Department. 3. That the Environmental Assessment reflects the independent judgment of the City. RESOLUTION NO. 03-13 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 23rd day of January, 2003, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Rachelle Klassen, City Clerk City of Palm Desert, California APPROVED AS TO FORM: David Erw City Attorney City of Palm Desert, California '/'"( (AIA,t54'\'L/- can : enson, Mayor City of Palm Desert, California