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Home My WebLink AboutCC RES 2018-60CITY COUNCIL RESOLUTION NO. 2018- 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF DETERMINATION FOR THE ENVIRONMENTAL IMPACT REPORT FOR THE CV LINK PROJECT WHEREAS, the CV Link project is a +49-mile multi -modal transportation path that connects cities in the Coachella Valley and passes through the City of Palm Desert, within the City's right-of-way, through the College of the Desert, and along the Whitewater Channel; and WHEREAS, the CV Link project provides access and connectivity between residential, commercial, recreational, educational, and civic facilities, within the City of Palm Desert by providing a safe and recreational pathway for multiple user groups; and WHEREAS, Coachella Valley Association of Governments ("CVAG") Executive Committee, acting as the lead agency for the CV Link project did, on the 15th day of May 2017, adopt Resolution Nos. 2017-003 and 2017-004, certifying the Environmental Impact Report ("EIR") for the CV Link project; and WHEREAS, the City Council of the City of Palm Desert finds that the CV Link project complies with the following Goals and Policies of the City's General Plan: • L.U. Policy 1.3 — Balance medium and high intensity/density development with pedestrian -oriented and bicycle friendly design features so as to maximize trip and VMT reduction. • L.U. Policy 1.6 — Balance the impacts of new development, density, and urbanization through the provisions of a high-level of neighborhood and community amenities and design features. • L.U. Policy 2.1 — Design the streetscape of high volume corridors to balance regional traffic flow with pedestrian movement and safety and the unique physical environment of the area. • L.U. Policy 2.5 — Enhance the pedestrian experience through streetscape improvements that could include new street lighting, tree planting, and easement dedications to increase the size of the sidewalks and pedestrian amenities. • L.U. Policy 2.8 — Improve existing and create new gathering spaces throughout the city to provide beautiful, comfortable, and inviting public and pedestrian spaces, encouraging walking and public gathering spaces. • L.U. Policy 3.1 — Provide a safe and convenient circulation system for pedestrians that include sidewalks, crosswalks, places to sit and gather, appropriate street lighting, buffers from moving vehicles, shading, and amenities for people of all ages. • L.U. Policy 4.1 — Provide bicycle facilities where shown on Figure 4.2 along all roadways to implement the proposed network of facilities outlined in the General Plan. • L.U. Policy 9.2 — Coordinate with CVAG and other agencies on the planning, design, and construction of regional non -motorized routes such as CV Link. CITY COUNCIL RESOLUTION NO. 2018- 60 • H.W. Policy 7.1 — Facilitate the construction of a built environment that supports a healthy physical and social environment for new and existing neighborhoods and strengthens community cohesion. • E.R. Policy 5.2 — Promote land use and development patterns that reduce the community's dependence on, and length of, automobile trips. • C.C. Policy 1.10 — Encourage and facilitate streetscape and building designs that are unique to Palm Desert so as to create a distinctive City Center. • C.C. Policy 2.6 — Prioritize pedestrian access in the design of public and private facilities within the City Center Area. • C.C. Policy 3.1 — Ensure that new public and private projects in the City Center consider pedestrian connectivity and contribute to improving the pedestrian network through the application of strategies such as sidewalk improvements and pedestrian crossings. • C.C. Policy 4.1/4.2 — Facilitate the development of pedestrian and bicycle facilities that connect the City Center with surrounding neighborhoods, districts, and centers. WHEREAS, pursuant to section 15091(a) of the California Code of Regulations, Implementation Guidelines for the State California Environmental Quality Act (CEQA) (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is defined as a responsible agency for the CV Link project; and WHEREAS, the City of Palm Desert, California, as a responsible agency, may adopt a Notice of Determination ("NOD") to carry out its discretionary approval over the project; and WHEREAS, the City Council of the City of Palm Desert, acting as a responsible agency for the CV Link project, did meet at their regularly scheduled meeting on the 12th day of July 2018, to consider the project and the EIR adopted by the CVAG Executive Committee; and WHEREAS, the City Council of the City of Palm Desert, did upon hearing all public testimony, confer and take action to adopt a Notice of Determination ("NOD") in support of the findings of the EIR for the CV Link project; and WHEREAS, final design and construction of the CV Link project in the City of Palm Desert requires City approval and authorization and by adopting the NOD, the City is able to proceed with carrying out portions of the project; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the CV Link project; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following findings to justify the approval of said request; and 2 CITY COUNCIL RESOLUTION NO. 2018- 60 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the California Environmental Quality Act. As a responsible agency for the Project, the City Council has reviewed and considered the information contained in the EIR, and administrative record on file with the City and available for review at 73510 Fred Waring Drive, Palm Desert, California. The City Council finds that the EIR adopted by the CVAG has completed compliance with the CEQA (Pub. Res. Code § 21000 et seq.: "CEQA") and the State CEQA Guidelines. SECTION 3. Findings on Environmental Impacts. In the City's role as a responsible agency under CEQA, the City Council finds that the EIR prepared for the CV Link project is complete and accurate in reporting of the environmental impacts associated with the Project. The City Council further finds that the documents have been completed in compliance with CEQA, the State CEQA Guidelines, and City of Palm Desert local CEQA guidelines. The City Council further finds that all environmental impacts of the project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the EIR, and the Mitigation Monitoring and Reporting Program. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that the project may result in significant environmental impacts and that any comments received to date regarding the project have been examined and determined not to modify the conclusions of the EIR. SECTION 4. Adoption of a Notice of Determination. The City Council approves the project and directs Staff to file a Notice of Determination with the County of Riverside and the State Clearinghouse within five (5) working days of adoption of the Notice of Determination. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73- 510 Fred Waring Drive, Palm Desert, CA 92260. Rachelle Klassen, the City Clerk, is the custodian of the record of proceedings. SECTION 6. Execution of Resolution. The Mayor of the City Council signs this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. 3 CITY COUNCIL RESOLUTION NO. 2018- 60 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of Julv 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: IARNIK, KELLY, NESTANDE, and JONATHAN NONE WEBER NONE Ali1_1111tar. vs, RA E L • CITY CLE CITY OF PALM DESERT, CALIFORNIA SABBY JONATYOR 4