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HomeMy WebLinkAboutCC RES 2014-66RESOLUTION NO. 2014-66 A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN / NATURAL COMMUNITY CONSERVATION PLAN, AS REVISED BY THE MAJOR AMENDMENT; APPROVING THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN / NATURAL COMMUNITY CONSERVATION PLAN, AS REVISED BY THE MAJOR AMENDMENT; APPROVING THE IMPLEMENTING AGREEMENT; AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("CVMSHCP") is a regional, comprehensive, multi -jurisdictional Habitat Conservation Plan focusing on Conservation of Federal and State -Listed Species, other rare and sensitive species, and their Habitats, while maintaining opportunities for recreation and a strong and sustainable environment for economic Development in the region; and WHEREAS, the Coachella Valley Conservation Commission ("CVCC") is the lead agency pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.); and WHEREAS, a joint Final Recirculated Environmental Impact Report/Statement ("EIR/EIS") was previously prepared in February 2006 pursuant to CEQA and NEPA ("2006 Final MSHCP"), which provides a comprehensive assessment of the potential environmental impacts that could result from the adopted CVMSHCP, and provides the appropriate decision -makers with the required information upon which to base a decision to adopt the amendment to the CVMSHCP; and WHEREAS, thereafter the Plan was revised to remove the City of Desert Hot Springs (the "City") as a Permittee and to reflect other project description modifications and, as a result, the Coachella Valley Association of Governments ("CVAG") prepared a Recirculated Draft EIR/Supplemental Final EIS which it certified in September 2007, (the "September 2007 Recirculated EIR/EIS"); and WHEREAS, the CVCC now wishes to add the City and Mission Springs Water District as Permittees and so CVCC prepared a Major Amendment to the CVMSHCP (the "Major Amendment"); and RESOLUTION NO. 2014-66 WHEREAS, the Project proposed for approval is the inclusion into the CVMSHCP, as revised by the Major Amendment, of the City of Desert Hot Springs and Mission Springs Water District, as Permittees (the "Project"); and WHEREAS, the Major Amendment includes the issuance of Take Authorization associated with Covered Activities that are not currently included under the existing federal Section 10(a) Permit and state NCCP Permit ("Permits"). This Major Amendment will restore the boundaries from the 2006 Final CVMSHCP for the Upper Mission Creek/Big Morongo Canyon Conservation Area and would include all of the private lands within the city limits of Desert Hot Springs. The private lands to be included total approximately 770 acres that were removed from this Conservation Area when Desert Hot Springs chose not to participate in 2006. The city limits of Desert Hot Springs also include two parcels in the Whitewater Canyon Conservation Area that are both owned by BLM and are currently managed consistent with the Plan, therefore no additional disturbance associated with the Major Amendment will occur in this area; and WHEREAS, a Supplemental Environmental Impact Report/Environmental Impact Statement ("EIR/EIS") has been prepared pursuant to State CEQA Guidelines Section 15162 and CEQ NEPA Regulations, 40 C.F.R. 1502.9(c) in order to analyze all potential adverse environmental impacts of the Project; and WHEREAS, CVCC, at a public meeting on March 13, 2014 reviewed the Final Supplemental EIR/EIS, Major Amendment to the CVMSHCP and CVMSHCP/Natural Communities Conservation Plan ("CVMSHCP"), Implementing Agreement, and other related documents in the record before it and by Resolution No. 14-004, certified the Final Supplemental EIR/EIS, and approved the Major Amendment to the CVMSHCP, and Implementing Agreement; and WHEREAS, pursuant to State CEQA Guidelines sections 15091, 15096 sub. (h), 15381, and other provisions of CEQA, the City is a responsible agency for the Project and must therefore make certain findings prior to the approval of the Project; and WHEREAS, the City Council of the City, at its regularly scheduled public meeting on this 26th day of June, 2014, independently reviewed and considered the Final Supplemental EIR/EIS and other related documents in the record before it; and WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have been met, and the Final Supplemental EIR/EIS, prepared in connection with the Major Amendment, as well as the September 2007 Recirculated EIR/EIS, are sufficiently detailed so that all the potentially significant effects of the Project on the environment and measures necessary to avoid or substantially lessen such effects have been evaluated in accordance with the above -referenced Act and Guidelines; 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 of the findings and conclusions made by the City Council 2 RESOLUTION NO. 2014-66 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, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data presented to it, including the Draft Supplemental EIR/EIS, Final Supplemental EIR/EIS, the September 2007 Recirculated EIR/EIS, and other documentation relating to the Project, and all oral and written evidence presented to it; WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, the documents and other materials that constitute the record of proceedings/administrative record for the City's approval of the Project are located at City Hall; and the custodian of these records is John Wohlmuth, City Manager of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: A. The Final Supplemental EIR/EIS prepared for the Major Amendment to the CVMSHCP is hereby received by the City Council incorporated by reference as Exhibit A. The September 2007 Recirculated EIR/EIS is hereby received by the City Council incorporated by reference as Exhibit B. B. The City Council hereby finds and determines that the September 2007 Recirculated EIR/EIS, as revised by the Final Supplemental EIR/EIS, has been completed in compliance with CEQA and the State CEQA Guidelines and, as the decision -making body for the City of Palm Desert, the City Council has reviewed and considered the information contained in the September 2007 Recirculated EIR/EIS, as revised by the Final Supplemental EIR/EIS, and related documents before it and all of the environmental effects of the CVMSHCP, as revised by the Major Amendment, and finds that the September 2007 Recirculated EIR/EIS, as revised by the Final Supplemental EIR/EIS, reflects the independent judgment and analysis of the City. C. The City Council concurs with the environmental findings in CVAG Resolution Nos. 07-009 and CVCC Resolution 14-004 and adopts these findings, as Exhibit C and Exhibit D, respectively, and incorporated herein by this reference. D. The City Council hereby approves the CVMSHCP (as amended by the Major Amendment) and authorizes the Mayor to execute the Implementing Agreement. 3 RESOLUTION NO. 2014-66 E. The City Council hereby authorizes and directs that a Notice of Determination shall be filed with the Clerk of the County of Riverside within five (5) working days of approval of the Project. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 26th day of June 2014, by the following vote, to wit: AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER NAYS: NONE ABSENT: NONE ABSTAIN: NONE s (Gig„ VAN G. TANNER, MAYOR ATTEST: CITY OF PALM DESERT, CALIFORNIA I, Rachelle D. Klassen, City Clerk of the City of Palm Desert do hereby certify that the foregoing Resolution No. 2014-66 was duly and regularly adopted by the City Council at a regular meeting thereof, held on the 26th day of June, 2014, and that the foregoing is a full, true and correct copy of said Resolution. IIPA RA HELLE '. KLASSE , CITY CLERK 4