Loading...
HomeMy WebLinkAboutCC RES 05-032 u j r" (.4.E R K "S OFFICE RECORDING REQUESTED BY, AND 'k 4i OESE ;T, CA WHEN RECORDED, MAIL TO: 7. .5`I,1N 20 PH I: 20 City Clerk's Office I\ City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT - NO FEE - 6103 OF THE GOVT. CODE (This Space for Recorder's Use Only) Adopting the Mitigated Negative Declaration For the Portola Avenue Bridge Over the Whitewater Channel RESOLUTION NO. 05-32 (Title of Document) COUNTY CLERK Neg Declaration/Ntc Determination Filed per P.R.C. 21152 RIVERSIDE COUNT D POSTED MAY 11 2005 my 112005 LARRY W.WAR® /3- �S By`eMa.°'--'-k T.Marshputally De uiny of HIverside,State of G RESOLUTION NO. 05-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL. WHEREAS, the City Council on the 14th and 28th day of April, 2005, held public hearings as required by law, at which hearings all persons interested in or objecting to the proposed Portola Avenue Bridge over the Whitewater Channel were heard, and said public hearings were duly and regularly closed; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The Initial Study/Mitigated Negative Declaration underwent a 30-day public review, which ended on April 18, 2005. During the public review period, comments were received from Native American Heritage Commission and the South Coast Air Quality Management District. These comments did not identify any impacts not previously address in the Initial Study/Mitigated Negative Declaration. 2. The proposed Portola Avenue Bridge over the Whitewater Channel Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that the Initial Study/Mitigated Negative Declaration identified no significant unmitigated impacts. 3. The proposed Portola Avenue Bridge over the Whitewater Channel 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. Focused surveys for the Coachella Valley milk -vetch, a Federally listed Endangered species, were conducted by a qualified botanist during Spring 2005 and were determined to not be present on the site. 4. 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. A qualified biologist will conduct a pre -construction nesting raptor survey within the limits of project disturbance and adjacent. 5. The proposed Portola Avenue Bridge over the Whitewater Channel Project will not have the potential to achieve short-term environmental goals, to the disadvantage of Tong -term environmental goals, as no significant unmitigated effects on environmental factors have been identified by the Initial Study/Mitigated Negative Declaration. Resolution No. 05-32 6. The proposed Portola Avenue Bridge over the Whitewater Channel 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. 7. The proposed Portola Avenue Bridge over the Whitewater Channel 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. 8. There is no substantial evidence in Tight of the entire record that the project may have a significant, unmitigated effect on the environment. 9. The proposed Portola Avenue Bridge over the Whitewater Channel project is consistent with the Circulation Element and other provisions of the City General Plan. 10.The proposed project is an infrastructure improvement that would provide benefits for a number of the disciplines addressed in the initial study, including but not limited to aesthetics, air quality, hazards to public safety, hydrology and water quality, noise, and traffic and transportation. 11. California Public Resource Code 21081.6 requires that a lead agency or responsible agency adopt a Mitigation Monitoring and Reporting Program (MMRP) when approving or carrying out a project where an environmental document, either an environmental impact report (EIR) or a Mitigated Negative declaration (MND), has identified measures to reduce potential adverse environmental impacts. The City of Palm Desert is the lead agency for the Portola Avenue Bridge project and therefore is responsible for the implementation of the MMRP. A MND has been prepared for this project which addresses the potential environmental impacts and, where appropriate, recommends measures to mitigate these impacts. An MMRP is therefore required to ensure that the adopted mitigation measures are successfully implemented. Therefore, the City Council of the City of Palm Desert adopts this MMRP in its capacity as lead agency in accordance with the provisions of the California Environmental Quality Act (CEQA) and its implementing guidelines. 12. 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. Page 2 of 3 Resolution No. 05-32 NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE AS FOLLOWS: 1. That the above recitations are true and correct and constitutes the findings of the City Council for this Initial Study/Mitigated Negative Declaration. 2. That it does hereby certify the Initial Study/Mitigated Negative Declaration for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist on file in the Public Works Department 3. That the Initial Study/Mitigated Negative Declaration reflects the independent judgment of the City. That the City Clerk of the City of Palm Desert, California, shall cause a certified copy of this resolution and order it to be recorded in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 28th day of April, 2005, by the following vote: AYES: KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: BENSON and FERGUSON ABSTAIN: NONE BUFORD A. 0AITES, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 3 of 3