HomeMy WebLinkAboutCC RES 04-020RESOLUTION NO. 04-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT AND A MITIGATION MONITORING AND
REPORTING PROGRAM PREPARED FOR CITY OF PALM
DESERT GENERAL PLAN UPDATE BASED UPON
ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THAT
THE CITY COUNCIL ADOPT THE GENERAL PLAN UPDATE.
CASE NO. GPA 01-04. GENERAL PLAN UPDATE AND
DRAFT EIR
WHEREAS, the City of Palm Desert General Plan Update ("Project" or "Proposed
Project") has been proposed; and
WHEREAS, the General Plan Update has been prepared consistent with Chapter 3
of the California Planning and Zoning Laws of the Government Code and the General Plan
Guidelines published by the Governor's Office of Planning and Research; and
WHEREAS, the General Plan Update was the result of over two years of public input
and discussion of the General Plan Advisory Committee representing a diverse cross
section of the Palm Desert Community; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public
Res. Code, § 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.) and the
City's Local CEQA Guidelines, the City of Palm Desert ("City") is the lead agency for the
Project; and
WHEREAS, in compliance with CEQA, the City prepared a Draft Environmental
Impact Report ("EIR") to analyze the potential environmental effects of the Project; and
WHEREAS, the City issued a Notice of Preparation ("NOP") for the EIR on May 19,
2003, for a period of 30 days pursuant to State CEQA Guidelines sections 15082(a), 15103
and 15375; and
WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited
comments from potential responsible agencies, including details about the scope and
content of the environmental information related to the responsible agency's area of
statutory responsibility, as well as the significant environmental issues, reasonable
alternatives and mitigation measures that the responsible agency would have analyzed in
the Draft EIR; and
WHEREAS, approximately seven (7) written statements were received by the City in
response to the NOP, which assisted the City in narrowing the issues and alternatives for
analysis in the Draft EIR; and
RESOLUTION NO. 04-20
WHEREAS, a Draft EIR was completed and released for public review on
September 17, 2003 and the City initiated a 45-day public comment period by filing a Notice
of Completion and Availability with the State Office of Planning and Research; and
WHEREAS, pursuant to Public Resources Code section 21092, the City also
provided a Notice of Completion and Availability to the State Clearinghouse and to all
organizations and individuals who had previously requested such notice. Copies of the Draft
EIR were provided to approximately 40 public agencies, organizations and individuals; and]
WHEREAS, during the 45-day comment period, the City consulted with and
requested comments from all responsible and trustee agencies, other regulatory agencies
and others pursuant to State CEQA Guidelines section 15086; and
WHEREAS, all potential significant adverse environmental impacts were sufficiently
analyzed in the Draft EIR; and
WHEREAS, during the official public review period for the Draft EIR, the City received
approximately nine (9) written comments, all of which the City responded to in the Final EIR;
and
WHEREAS, the Planning Commission of the City of Palm Desert, at its regularly
scheduled public meetings on September 16, October 7, and October 21, reviewed the
General Plan Update and at public meetings on November 4, December 2, and
December 16, 2003, reviewed the General Plan Update, Draft EIR and Draft Responses to
Comments for the Final EIR; and
WHEREAS, the Planning Commission of the City of Palm Desert did adopt its
Resolution No. 2239 on December 16, 2003, recommending approval to City Council ; and
WHEREAS, the City Council of the City of Palm Desert, at its regularly scheduled and
adjourned public meetings on January 15, January 29, February 5, February 26,
February 27, March 3, and March 15, 2004, reviewed the General Plan Update, Draft EIR
and Draft Responses to Comments for the Final EIR; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the Project; and
WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's
Local Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so
that all of the potentially significant environmental effects of the Project have been
adequately evaluated; and
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RESOLUTION NO. 04-20
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both
the feasible mitigation measures necessary to avoid or substantially lessen the Project's
potential environmental impacts and a range of feasible alternatives capable of eliminating
or reducing these effects in accordance with CEQA, the State CEQA Guidelines and the
City's Local Guidelines; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to
this Resolution are based upon the oral and written evidence presented to it as a whole and
not based solely on the information provided in this Resolution; and
WHEREAS, environmental impacts identified in the Final EIR which the City finds are
less than significant and do not require mitigation are described in the Draft EIR; and
WHEREAS, environmental impacts identified in the Final EIR as potentially significant
but which the City finds can be mitigated to a level of less than significant, through the
imposition of feasible mitigation measures identified in the Draft and Final EIR and set forth
herein, are described in hereby incorporated into the Final EIR; and
WHEREAS, prior to taking action, the City Council has heard, been presented with,
reviewed and considered all of the information and data in the administrative record,
including the Draft EIR, and all oral and written evidence presented to it during all meetings
and hearings; and
WHEREAS, the Draft EIR reflects the independent judgment of the City Council and
is deemed adequate for purposes of making decisions on the merits of the Project and
WHEREAS, no comments made in the public hearings conducted by the City or, any
additional information submitted to the City have produced substantial new information
requiring recirculation or additional environmental review under State CEQA Guidelines
section 15088.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
RESOLVES AS FOLLOWS:
1. That the Council of the City of Palm Desert certifies that the FEIR for the
Project has been completed in compliance with the requirements of CEQA
and the City Rules to Implement CEQA.
2. That the Council adopts the General Plan Update as revised.
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RESOLUTION NO. 04-20
PASSED, APPROVED and ADOPTED at an adjourned meeting of the Palm Desert
City Council, held on this 15th day of March, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
cS�
RA HELLE D. LASS N, CITY CLERK'
CITY OF PALM DESERT, CALIFORNIA
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ROBERT A. SPIE EL, ;AYOR