HomeMy WebLinkAbout2000ORDINANCE NO. 2000
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE PALM SPRINGS ZONING
CODE CHAPTER 93.00 TO ADD SECTION 93.23.20 TO
ESTABLISH REGULATIONS RELATED TO THE
REDEVELOPMENT OF GOLF COURSE TO OTHER USES.
City Attorney's Summary
This Ordinance adds Section 93.23.20 to the Palm Springs
Zoning Code, to regulate the redevelopment or conversion of
golf course property to other uses. The Ordinance establishes
a two-step entitlement process and creates development
standards to maintain open space land.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Notice of a public hearing of the Planning Commission of the City of Palm Springs
to consider a proposed ordinance on golf course conversions (Zone Text Amendment,
Case 5.1444) was given in accordance with applicable law.
B. On October 3, 2019, a public hearing on the proposed Zone Text Amendment,
Case 5.1444, was held by the Planning Commission in accordance with applicable law,
at which meeting the Planning Commission voted 5-0 to recommend approval of the
proposed ordinance to the City Council.
C. On July 24, 2019, the City Council held a noticed public hearing on the proposed
Zone Text Amendment, Case 5.1444, in accordance with applicable law.
D. The proposed Zone Text Amendment is considered a "project" pursuant to the
California Environmental Quality Act (CEQA).
E. The City Council has carefully reviewed and considered all the evidence presented
in connection with the hearing on the Zone Text Amendment, Case 5.1444, including but
not limited to, the staff report, and all written and oral testimony presented.
F. The City Council finds that approval of the proposed Zone Text Amendment, Case
5.1444, is consistent with the intent of the zoning code, because according to Section
91.00.00, the Zoning Code is adopted "For the purpose of promoting and protecting the
public health, safety and welfare of the people of the city of Palm Springs and to provide
for the social, physical and economic advantages resulting from comprehensive and
orderly planned use of land resources... ". The proposed ordinance is consistent with this
intent, as it seeks to protect the public health, safety and welfare through maintaining
open space and establishing development standards for compatible and complementary
land uses. In addition, the ordinance facilitates a neighbor and public scoping process.
Ordinance No. 2000
Page 2
G. The City Council finds that approval of the proposed Zone Text Amendment, Case
5.1444, is consistent with the intent of the 2007 General Plan and the overall vision:
The Palm Springs Vision
A world-renowned desert resort community where residents and visitors enjoy safe
neighborhoods, an exciting social environment.and a relaxing leisure experience.
We enhance our natural, cultural, and historical resources with sustainable
economic growth and high style.
We provide responsive, friendly and efficient public services within a government
that fosters unit among all our citizens, -
The proposed ordinance would establish development standards to reduce impacts
associated with the loss of golf course open space, which contribute to the City's image
as a world-renowned desert resort community.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and correct
and are incorporated by this reference herein as the cause and foundation for the action
taken by and through this Ordinance.
SECTION 2. Chapter 93.00 of the Palm Springs Zoning Code is amended to add
Section 93.23.20 as follows:
93.23.20 - Conversion of Golf Courses
A. Purpose and Intent. The purpose of this ordinance is to assess and mitigate the
impact of a golf course conversion on real property by establishing appropriate
procedures, by requiring outreach with residents, property owners and community
members and by establishing specific development standards to ensure compatibility
with the existing land uses. The ordinance seeks to protect the public health, safety
and welfare through the following-
1 . Maintain open space. Recognizing there may be certain loses of open space with
any conversion, this ordinance is intended to maintain usable and passive open
spaces in perpetuity. These spaces provide benefits to nearby residents
impacted by such conversions as well as the community at large.
2. View preservation and access. This ordinance is intended to preserve open
space views from public roads and residential property surrounding golf course
property, while allowing public access to open space land to the maximum extent
possible under law.
3. Neighbor outreach. The intent is to require extensive communication between the
applicant and nearby residents, property owners and interested community
members (collectively, "community members") on the proposed conversion. In
particular, the ordinance is designed to address the conversion of golf courses
Ordinance No. 2000
Page 3
surrounded, in whole or in part, by existing residential uses or lands zoned
residential.
4. Public scoping process. The ordinance requires a two-step application process
with the intent of resolving conflicts, addressing neighbor concerns and exploring
project alternatives during the early stages of a proposed conversion. To that
end, this ordinance requires an applicant to complete an intent to convert/scoping
application process followed with the formal conversion application process for
the applicable development entitlements to convert a golf course (see
"conversion application" below).
5. Development standards. It is the intent of the specific development standards
contained herein to encourage the applicant to propose a conversion project with
land uses and amenities that are compatible and complementary to existing
neighborhoods. Further, the applicant is encouraged to incorporate reasonable
input provided by nearby residents, property owners and community members
into the development proposal.
B. Applicability.
1. This ordinance applies to golf courses that are currently developed in the City of
Palm Springs, to the extent permitted by law, including those that are both
operational and non -operational.
2. The following zoning actions and General Plan Amendments, hereafter collectively
referred to as "conversion applications," shall be subject to this section. A
conversion application shall be required when an applicant seeks to change a
constructed golf course to a non -golf course use.
a. General Plan Amendments. This section applies to a golf course constructed
in any general plan designation where the proposed non -golf course use is not
permitted by the Land Use Element. Amendments to the General Plan shall
be subject to requirements and procedures described in the General Plan and
California Government Code Sections 65300 et. seq.
b. Zoning actions. This section applies to a golf course constructed in any zoning
district where the proposed non -golf course use is not permitted, accessory,
or conditional in the zoning district or tract for which an entitlement is sought.
i. Specific Plan. A specific plan shall be prepared and adopted for the entire
golf course site to provide a comprehensive land use plan complying with
the goals and policies of the general plan and the requirements of this
ordinance. A specific plan is required to address the unique characteristics
and qualities of a project site. The specific plan may refer to and incorporate
uses and standards outlined in the zones established by the zoning code,
such as the R-1, R-2 or R-3 zoning districts.
ii. Development Agreement. In addition to a specific plan, a development
agreement shall be prepared for a conversion that requires a transfer of
development rights (density transfer). The development agreement shall
specify the development rights transaction consisting of either in -kind
replacement of such open space elsewhere in the City, payment of in -lieu
fees, or replacement of converted open space through the use of density
transfer, in accordance with General Plan policies and any applicable city
Ordinance No. 2000
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ordinances. The development agreement shall define public access to open
space trails to the extent permitted by law and include date certain
timeframes for payments and land transfers, if applicable. The development
agreement shall be prepared in accordance with the requirements and
procedures set forth in this section and Zoning Code section 94.08.00.
3. Notwithstanding the applicability of Section 93.23.20(B)(2) of the Zoning Code, the
City is not precluded from enforcing local codes requiring regular maintenance of
a golf course, including the issuance of warnings, citations, etc. The golf course
property owner(s) shall continue to maintain golf course property in accordance
with Section 93.19.00 of the Zoning Code.
C. Intent to convert application procedures.
1. Intent to convert application. The applicant shall submit an "Intent to Convert"
application to the City prior to submitting a formal conversion application. The
Director of Planning Services shall establish the procedure and application
submittal requirements, including but not limited to:
a. A title report that identifies the current owner of the property and all
encumbrances, including covenants, leases, easements, rights to purchase
and any other legally binding instrument, against the property;
b. A property owner statement shall be submitted that expressly identifies any and
all master leases, recreational leases, private use restrictions, covenants and
open space easements that may impact and/or are within the chain of title to
any portion of the golf course property (hereinafter, collectively referred to as
the "Existing Agreements"). To the extent there are any Existing Agreements,
the applicant shall attach such Existing Agreements to the Intent to Convert
application and shall further identify whether or not the Existing Agreements
impact any maintenance obligations and/or use of the golf course property. The
applicant will further identify whether or not they are in default of any Existing
Agreements (such as failure to maintain the golf course property) as well as the
names, addresses, telephone number and contact persons of any and all
parties (other than the applicant) to such Existing Agreements;
c. The Developer's Alternatives Statement, as provided for in paragraph (C)(2)
below;
d. A statement describing the methods to be used to engage community members
at the Neighbor Outreach Meetings, as provided for in paragraph (C)(3) below;
e. Within 15 days after submitting the Intent to Convert Application, the applicant
shall post on -site signage to inform the public that an Intent to Convert
application has been submitted to the City. The applicant shall install one a-
foot by 4-foot sign per street frontage and an additional sign every 300 lineal
feet along such streets to the satisfaction of the Director of Planning Services.
The sign design shall be similar to the signage required in Section 94.09.00(F)
of the Zoning Code, with project information, developer and city contact
information and other criteria, as specified by the Director of Planning Services;
f. A fee shall be paid in such amount as has been prescribed by resolution of the
city council for the purpose of defraying the City's costs of processing the
application; and
Ordinance No. 2000
Page 5
g. Environmental Constraints. The applicant shall provide preliminary analyses
and environmental studies that identify and evaluate environmental constraints
on the project site. At a minimum, the submittal shall contain preliminary
environmental analyses that address the following criteria:
i. Biological resources (potentially affected wetlands or waterways,
potentially affected endangered/threatened species, wildlife migration);
ii. Cultural resources (prehistoric and/or historic resources/structures);
iii. Floodwaters (creeks, washes and/or water channels that cross the site,
100-year floodplains, delineation of federal and state waters, etc.);
iv. Geotechnical (earthquake faults, landslides, liquefaction);
v. Hazardous materials on site or proposed to be used in construction on site;
vi. Required permits and permitting agencies for the project (including
compliance with the National Environmental Policy Act (NEPA), if
required); and
vii. Water quality (surface and groundwater usage/depletion, Regional Water
Quality Control Board or other agency compliance).
h. The owner shall attest that there are no active or outstanding code enforcement
activities on the golf course.
2. Developer's Alternatives Statement.
The purpose of the Developer's Alternatives Statement (Alternatives Statement) is
to serve as a tool to inform community members and the City about the applicant's
development options and intentions. It is intended to encourage communication
and cooperation between the applicant, community members, and the City. The
Alternatives Statement shall be prepared by the applicant and shall clearly identify
the goals and objectives for the conversion project. The Alternatives Statement
shall address, at a minimum, the four alternatives noted below. Each alternative
shall be accompanied with an economic analysis that details its viability. The
alternatives are not intended to be mutually exclusive; the conceptual development
plan described below may incorporate one or more of the alternatives in the
conversion project.
a. No conversion: The applicant shall examine opportunities to retain all or part of
the golf course. The following considerations are to be assessed:
i. Whether any of the existing property owners' association(s) with an Existing
Agreement and/or which owns or manages any residential unit or common
area within 500-feet of the golf course property, are willing and able to
purchase all or part of the golf course; and
ii. Whether any of the existing property owners' association(s), City -
recognized Neighborhood Organizations and/or any new association with
an Existing Agreement and/or which owns or manages any residential unit
or common area within 500-feet of the golf course property, can coordinate
joint control for all or part of the golf course.
iii. The economic feasibility of continuing to operate the golf course.
b. Partial conversion: The applicant shall prepare a conceptual development plan
where a nine -hole and/or par three course is part of the project and provide a
narrative that describes the operational aspects of the course and its
Ordinance No. 2000
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compatibility with existing and proposed uses, and the economic feasibility of
partial conversion.
c. Donation or purchase: The applicant shall coordinate with the City, local land
conservancy agencies and abutting homeowners or homeowner's associations
to determine if there is interest on the applicant's part to donate or sell, and the
city's, land conservancy's, and/or homeowner's associations' part to accept a
donation or purchase ownership, or maintain a portion or all of the property for
a public or private use, such as a public or private park, open space, civic use,
or other facility. This section shall not require the City, land conservancy or
homeowner's association to purchase or accept a donation of any lands, nor
shall this require the property owner to donate or sell any land.
d. Full conversion development plan: The applicant shall prepare one or more
proposed conceptual development plans, consistent with the development
standards established in section 93.23.20(F) of the Zoning Code, depicting the
proposed conversion. The applicant shall share the conceptual development
plan with the neighboring residents at the Outreach Meetings as described in
paragraph (C)(3) below. The conceptual development plan shall depict the
retained and proposed land uses, including residential, non-residential, and
preserve areas; existing and proposed roadway and pedestrian systems;
existing and proposed trees and landscaping, including the study and
preservation of specimen trees; and the proposed location for the desert
greenway, including any passive recreational uses. The narrative shall identify
the intensity of the proposed land uses; how the proposed conversion is
compatible with the existing surrounding land uses and any methods to provide
benefits or mitigate impacts to the community members. It shall also identify
any proposed deviations from the General Plan or Zoning Code. Visual exhibits
to describe the conceptual development plan and amenities, including the
desert greenway, shall also be provided.
3. Neighbor outreach meetings.
The Neighbor Outreach Meetings (Outreach Meetings) are intended to engage the
residents, property owners and interested community members, early in the
conversion project and inform the applicant as to what these parties find important
in the neighborhood, what they consider compatible with the neighborhood, and
what types of land uses they would support to be added to the neighborhood. An
assigned City planner shall attend the Outreach Meetings and observe the
process. The following is required of the applicant:
a. The applicant shall conduct a minimum of two in -person Outreach Meetings in
accordance with the procedures outlined by the Director of Planning Services.
One of these two meetings shall be conducted as a city-wide neighborhood
outreach meeting in a form and format approved by the Director of Planning
Services. Notification of these meetings shall be provided to surrounding
residents (including renters/occupants and property owners) and community
associations that are located within 500-feet of any boundary of the subject golf
course. When a portion of a community association is within 500-feet of a
boundary, the notice shall be provided to all residents and property owners
within the association. Notification of these meetings shall also be provided to
Ordinance No. 2000
Page 7
all Neighborhood Organizations through the Office of Neighborhood
Involvement. Additionally, the applicant shall host a website that provides
information on Outreach Meetings and conceptual plans at any time there is an
Intent to Convert application submitted to the City. The website address shall
be incorporated in the mailings notifying the residents, community members
and Neighborhood Organizations of the in -person Outreach Meetings. All costs
of the Outreach Meetings shall be borne exclusively by the applicant.
b. At the Outreach Meetings, the applicant shall, in good faith, provide information
to the residents, property owners and community members about the purpose
of the meeting, including a presentation on the goals and objectives of the
conversion project, the conceptual development plan, the desert greenway
concept, and the measures taken to ensure compatibility with the existing
surrounding neighborhood.
c. Outreach Meetings report for conversion applications. After completing both
Outreach Meetings the applicant shall prepare an Outreach Meetings report.
The report shall include a list of attendees, a description of the public outreach
methods used, results from outreach methods, and copies of the materials
used during the Outreach Meetings. The applicant shall also include a point -
counterpoint list, identifying input from the community members and how and
why it was or was not incorporated in the conversion application. The report
shall be organized such that the issues and ideas provided by the community
members are clearly labeled by the applicant in the list and the conversion
application.
d. In addition to the above outreach requirements, the applicant shall, at the
request of the City, hold additional meetings after the formal conversion
application(s) is submitted.
4. Planning Commission Scoping Meeting.
Once the requirements of Sections (C)(1) through (C)(3) have been completed as
determined by staff, the Planning Commission shall review the Intent to Convert
application materials at a study session. The Commission may provide comments
to the applicant, but shall not take any action on the Intent to Convert application,
nor shall it preliminarily indicate approval, conditional approval or disapproval of
the proposed project at this stage.
D. Formal conversion application procedures.
1. Application. An applicant shall not submit a conversion application (e.g. specific
plan, development agreement, General Plan Amendment) until the Intent to
Convert process outlined in subsection (C) is deemed complete. An Intent to
Convert application may not be deemed completed unless and until all outstanding
issues relating to any Existing Agreements have been resolved between/among
the parties to such Existing Agreements. Thereafter, the applicant may proceed by
submitting a formal conversion application with the City as follows:
a. General Plan Amendments. For projects subject to 93.23.20.B.2.a., the
applicant shall file a General Plan Amendment application.
b. Other actions. For projects subject to 93.23.20.B.2.b., the applicant shall file a
specific plan application and an application(s) for applicable entitlement(s). The
Ordinance No. 2000
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specific plan shall include text and diagrams specifying (1) the distribution,
location, and extent of uses of land, including open space, (2) standards by
which development will proceed, (3) location of public and private
improvements, (4) design guidelines, and (5) other criteria specified in
Government Code Section 65451. In addition, the applicant shall file an
application for a development agreement for a density transfer, in -kind
replacement of open space or payment of in -lieu fees, as required by Policy LU
2.2 of the General Plan. Deviations from Zoning Code section 93.23.20 shall
be prohibited, further, proposed deviations from the other sections of the
Zoning Code shall be described in these applications when proposing
development that deviates from the City's zoning districts.
c. Environmental documentation. The project will require environmental analysis
and documentation, in accordance with the California Environmental Quality
Act (CEQA). The City shall be the lead agency for the CEQA document and
shall direct its preparation, as permitted under state law. The type of
environmental document will be determined to be consistent with Section
15064 of the CEQA Guidelines. Environmental analysis for any federal
approvals that require review under the National Environmental Policy Act
(NEPA) should be coordinated with the federal agency with jurisdiction.
d. Fees. When the conversion application is filed, a fee shall be paid in such
amount as has been prescribed by resolution of the city council for the purpose
of defraying the City's costs of processing the application. The applicant shall
be responsible for paying fees associated with the review of the application,
including but not limited to costs for third party consultants, staff and the city
attorney's office.
2. Staff Investigation. After the application is deemed complete, staff shall make an
investigation of the facts bearing on the case to provide the information necessary
for action consistent with this ordinance and shall report the findings to the
Planning Commission and City Council. Staff shall provide an analysis of the
Guidelines as provided in subsection (E) below and any other findings applicable
to the development entitlements being sought by the applicant.
3. Planning Commission.
a. Public hearing. The Planning Commission shall hold a public hearing in the
manner provided for in Section 94.09.00.
b. Review and recommendation. After holding a public hearing and deliberating
the facts of the conversion application, the Commission shall make a
recommendation to the City Council, including conformity recommendations
related to findings of related project development entitlements, if applicable. In
the event the Commission is unable to make a favorable recommendation and
denies the conversation application, the applicant may appeal the decision to
the City Council in accordance with the procedures of Section 2.05 of the Palm
Springs Municipal Code.
4. City Council.
a. Public hearing. The City Council shall hold a public hearing in the manner
provided for in Section 94.09.00.
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Page 9
b. Review and decision. After holding a public hearing, considering the Planning
Commission's recommendations and deliberating the facts of the applications,
the City Council may approve or deny the conversion application.
E. Compatibility review guidelines.
The staff report shall evaluate, and the Planning Commission and City Council shall
make written findings on each of the following:
1. Whether the applicant has met the requirements established in this section and
development standards in the Zoning Code. In particular, that the proposed
design and use(s) of the open space and desert greenway, as applicable, meet
the standards as described in paragraph (F)(3) and the minimum fifty percent
(50%) open space described in paragraph (F)(5) below.
2. Whether the Outreach Meetings report and point -counterpoint list described
above reasonably reflect the discussions that took place at the Outreach
Meetings.
3. Whether the applicant incorporated reasonable input provided by the community
members to address impacts of the golf course conversion on community
members' real property.
4. Whether the applicant provided an explanation as to why input from the
community members was not incorporated into the conceptual development plan.
5. Whether the applicant appropriately demonstrated opportunities and constraints
of an existing site and economic viability of the chosen proposal.
6. Whether the applicant complies with other required findings for the requested
development entitlements.
7. Whether there are any Existing Agreements that would prevent the application
from moving forward.
8. Whether there are significant environmental impacts that cannot be mitigated with
the proposed project.
9. Whether the proposed development adequately provides for the maintenance of
the open space and desert greenway, flood zones, and washes.
10. Whether the applicant has demonstrated good faith in the maintenance of the
property since acquisition by not allowing the property to deteriorate, or otherwise
violated applicable State and local maintenance codes.
11. Whether the proposed development is compatible with the existing adjacent
residential development.
12. Whether the proposed development is adequately set back from the existing
residential development, or is buffered by desert greenway.
F. Development standards.
The following are additional minimum design standards for General Plan Amendments
and/or other zoning actions that propose to convert a golf course.
1. Previously approved open space. Golf course acreages utilized to meet the
minimum open space requirements for a previously approved project shall be
retained as open space and shall not be included in open space calculations for
any subsequent conversion projects.
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Page 10
2. Design guidelines. In addition to the requirements of Government Code Section
65451, a specific plan shall include design guidelines that specify the form and
type of design intended for the development.
3. Open space requirements. Minimum Required. At least half (50%) of any
conversion project shall remain as open space. The open space shall include
desert greenways (as required in paragraph F.4. below), landscape buffers,
accessible and naturalized water channels and waterways, and to the extent
feasible artificial ponds, and will be based on the project's gross acreage. For the
purposes of this section, open space does not include:
a. Streets (pavement and curbs),
b. Driveways,
c. Concrete waterway channels,
d. Private residential yards for single family homes,
e. Setbacks for all new uses (R-1, R-2, R-3, R-4, commercial and hotel zones),
f. Public and private open space required for new R-1, R-2, R-3, R-4, commercial
and hotel uses, including but not limited to pool areas, clubhouses, tennis
courts, playgrounds, parks, etc. that are exclusive to those uses.
The open space shall be a separate parcel(s) from other parcels used for private
development.
4. Desert greenway. The purpose of the greenway is to retain an open space view
for community members, support active/passive recreational uses, preserve
specimen trees, and support existing wildlife habitat, to the maximum extent
possible. For the purposes of this section the desert greenway shall be identified
as a continuous strip of land set aside for passive recreational uses, such as: open
space, nature trails, parks, playgrounds, golf courses, disc golf courses, exercise
equipment, appropriate urban agriculture, landscape buffers and multi -use paths.
The City Council may approve other passive recreational uses that were
considered by the Planning Commission. The desert greenway shall not include
required yards (setbacks) of any individual lots.
a. The desert greenway shall be contiguous to the existing residential properties
surrounding the golf course and generally located along the perimeter of the
proposed development. The Council may approve an alternative design that
was considered by the Planning Commission.
b. The greenway shall have a minimum average width of 100 feet, and a width of
no less that than 75 feet at any one location. The greenway shall span the
length of the property to the greatest extent possible.
c. Maintenance of the greenways, artificial ponds, flood channels and floodways,
shall be identified through the specific plan review process.
d. Existing trees and understory (shrubs and groundcover) shall be preserved and
maintained to the greatest extent possible within the desert greenway. The site
plan shall identify all existing trees, identify those trees that will be kept in
current locations, those that will be transplanted to the desert greenway from
other locations, and those that are proposed to be removed. New trees shall
also be identified on the site plan. Trees should be sited along biking and
walking paths in the desert greenways.
Ordinance No. 2000
Page 11
e. The proposed new plant materials within the desert greenway shall be selected
from the Lush and Efficient Landscape Guidelines, published by the Coachella
Valley Water District. The use of native plants is strongly encouraged. The
design shall be consistent with water efficient landscape standards found in
Section 8.60 of the Municipal Code.
f. A portion of the greenway may provide stormwater management.
g. The applicant shall record a restrictive covenant in the County's official records
describing the use and maintenance of the greenway as described in the
zoning action. The covenant shall to the extent feasible contain a provision that
provides the public with a non-exclusive easement over the paths, walkways
and bike trails within the desert greenway. The greenway shall retain its zoning
designation as open space.
5. Building setbacks.
a. Single -story Structures. All one-story non -golf course uses, except for the
Desert greenway, shall provide a minimum average 50-foot setback from the
property line of existing lands zoned residential or with residential uses,
however the setback shall be no less than 35 feet at any one location, except
where a single fairway is lined with existing homes on both sides. In that case,
the setback requirement may be reduced on one side of the fairway by City
Council.
b. Multi -story Structures. All structures exceeding one-story within the project
area shall provide a minimum setback of 150 feet from the property line of
existing lands zoned residential or with residential uses. This setback may be
reduced to 100 feet if the area is buffered by a desert greenway.
c. The area between the structures and perimeter property line shall be landscaped
and maintained. If unobstructed by walls/fences and consistent with Desert
Greenways, this landscape buffer may be included in the open space standards
identified in paragraph F.3. above.
6. Stormwater management requirements. The applicant shall demonstrate that the
stormwater management for the surrounding uses will be maintained at an
equivalent or improved level of service. This shall be demonstrated by a pre versus
post development stormwater runoff analysis.
7. Floodplain review. In accordance with Riverside County Flood Control and FEMA,
the project shall address all issues related to floodplain management. Any areas
proposed for structures shall be outside the 100-year floodplain after development.
The post development condition shall not increase flood risk for any existing
structures.
8. All other development standards. The conversion of golf courses shall be
consistent with the development standards in the Zoning Code, as amended.
Building heights, open space and other development standards shall comply with
one or more of the zones listed in the Zoning Code. However, an alternative land
plan with site specific standards may be considered when vetted through the
process outlined in this ordinance, provided open space is preserved.
9. Existing roadways identified by the General Plan as Major or Secondary
Thoroughfares, if previously interrupted by the existing golf course, shall be
reconnected during the conversion process.
Ordinance No. 2000
Page 12
SECTION 3. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have adopted
this Ordinance, and each section or provision thereof, regardless of the fact that any one
or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 4. The proposed Zone Text Amendment, Case 5.1444, is deemed
Categorically Exempt from the provisions of CEQA under Section 15305 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines. The proposed zone text
amendment proposes new regulations that will expand the process by which an
entitlement application is considered and maintain open space land previously used for
recreational purposes.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 18TH DAY OF SEPTEMBE
ROBERT MOON, MAYOR
ATTEST
ANTHONY J. MFJ
CITY CLERK
Ordinance No. 2000
Page 13
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS.
CITY OF PALM SPRINGS)
I, Anthony Mejia, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 2000 is a full, true, and correct copy, and introduced by the City
Council at a regular meeting held on the 24th day of July, 2019, and adopted at a regular
meeting of the City Council held on the 18th day of September, 2019 by the following
vote:
AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 14.(c , day of 20
NTHONY J. MEJ, MMC
ITY CLERK