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Home My WebLink AboutPC Resolution _4806RESOLUTION NO.4806 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL A MINOR AMENDMENT OF SPECIFIC PLAN #1 WITH REGARDS TO FIGURE 7 OF SECTION E DESIGN CONCEPT - RESORT FACILITIES, LOCATED NORTH OF BOGERT TRAIL, EAST OF GOLDENROD LANE, AND WEST OF THE PALM CANYON WASH, ZONE W-R-1-13 AND SP-11, SECTION 35. WHEREAS, Palm Canyon, LLC (the "applicant") has filed a request to amend Specific Plan #1, pursuant to Government Code Section 65453, to modify Figure 7 of Section E Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15; and WHEREAS, the proposed amendments are consistent with the General Plan; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider a request to modify Figure 7 of Section E Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 was issued in accordance with applicable law; and WHEREAS, on May 22, 2002 a public hearing on the request to modify Figure 7 of the Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA), the Planning Commission finds that: a. The proposed Specific Plan Amendments are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration (MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the FEIR, MND, and current environmental assessment for TTM 30046 adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The Planning Commission has independently reviewed and considered the Specific Plan #1 Amendments and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declaration. The Planning Commission further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. b. With respect to the encroachment into the Palm Canyon Wash, the Planning Commission finds that the Palm Canyon Wash flood control design will be in conformance with the Sierra Club Judgement and 1994 Mitigation Monitoring Program for Amendment to Specific Plan 1. The project proposes a channel bottom width of 520 feet, exceeding the 350 feet width in the Sierra Club Judgement, resulting in 1.7 acres less disturbance of the Wash than the originally approved golf course in Specific Plan 1. As a result of impacts to ACOE and CDFG jurisdictional waters due to grading, the developer is required to apply for an ACOE 403 permit and a CDFG 1603 agreement and comply with all mitigation measures required by the above agencies. C. With respect to direct impacts to the Casey's June Beetle and associated habitat, the Planning Commission finds that with the incorporation of the mitigation measures in the environmental assessment for TTM 30046, the impacts should be reduced to a level of insignificance. A complete biological survey of the project site was conducted by Dudek & Associates, Inc. (Biological Resources Report and Impact Analysis for the Monte Soreno Project dated December 2001 and revised September 2002) and located Casey's June Beetle on site. Very little is known about Casey's June Beetle and it is not listed as threatened or endangered by the U.S. Fish and Wildlife Service (USFWS) or the California Department of Fish and Game (CDFG). Potential impacts to Casey's .tune Beetle will be mitigated by paying an in -lieu fee of $600.00 per acre for impacts to 41.3 acres of potential habitat. The fee will be paid to the City or Habitat Conservation entity as designated by the City. d. With respectto impacts to the desert tortoise, the Planning Commission finds that even with the incorporation of the mitigation measures in the environmental assessment for TTM 30046, potential impacts must be considered to be mitigated until the clearance survey is completed and no deserttortoises are found onsite. The biological resources report located presumed scat and burrow signs onsite. A clearance survey will be required just prior to any grading activities onsite. If the survey is negative, then impacts will be insignificant and no further permitting or mitigation will be required. If the survey is positive, then the developer will be required to coordinate permits with the USFWS and CDFG pursuant to Section 10(a) of the Federal Endangered Species Act and Section 2081 of the State Endangered Species Act. e. With respect to Peninsular Bighorn Sheep, the Planning Commission finds that there will be no impacts to this particular species. The federally designated Peninsular Bighorn Sheep Critical Habitat boundary is a quarter of a mile east of the project site. The site lies outside Peninsular Range Bighorn Sheep critical habitat, does not encroach into the hillsides and lacks occupation or activity by this species. In addition, the use of the project site as a potential Peninsular Bighorn Sheep corridor is considered dangerous due to existing roads, the Canyon South Golf Course, walls and fences related to residential development, and domestic pets. A safer corridor would be further south of the site in the Indian Canyons Heritage Park. As a result of the findings, po mitigation measures for Bighorn Sheep are deemed necessary. Section 2: The proposed amendment to the Specific Plan text is internally consistent with the goals, policies, and objectives of the General Plan and will result in conformity of the project with the General Plan. The proposed revision of Specific Plan #1 to revise Figure 7 of Section E Design Concept - Resort Facilities is in response to the current ownership pattern. Spreading golf throughout the Specific Plan area was possible with one master developer. However, as there are now multiple landowners and the ACDA mandate to locate golf solely on allotted Indian land, the golf land use element is proposed to replaced with a residential component in Parcels 10, 11, and 15. Golf will be located only on Parcel #1 and the "finger" of residential land use will be removed. Section 3: The revision of Figure 7 of Section E by the Specific Plan Amendment are appropriate to the area and will benefit the subject property as well as surrounding properties. The revisions to Figure 7 are necessary to reflect current property ownership patterns in the Specific Plan area. Section 4: Revising Figure 7 of Section E to remove the golf land use from Parcels 10, 11, and 15 and removing the "finger" of residential land use from Parcel 1 is consistent with Specific Plan #1 and the General Plan as amended herein. Section 5: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club Judgement, the Planning Commission finds that the proposed Specific Plan Amendment is consistent with the measures regarding equestrian trail access and criteria for Palm Canyon Wash flood control facilities. In response to the findings made in the Sierra Club Settlement Agreement, the applicant has proposed a 30 foot wide levee access road, a wash design that meets or exceeds the criteria set forth in the judgement, and agreement with the requirements for equestrian access during construction. The Wash bottom will have a width of 520 feet and the levee will provide 100 year storm protection and be constructed to RCFCWCD and City standards. The levee will only be located on the west side of the Wash with no disturbance to the east side. In accordance with the 1994 Mitigation Monitoring Program for Amendment to Specific Plan 1, the developer is also required to renaturalize drainage improvements using local rock materials and desert landscaping using as much of the onsite vegetation as possible. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council order the filing of a Mitigated Negative Declaration and approve the amendment to Specific Plan #1 as shown on Exhibit A. ADOPTED this 9' of October, 2002. AYES: Grence, Matthews, Conrad, Marantz NOES: ABSENT: Klatchko ABSTENTIONS: Caffery, Shoenberger ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Sec etary ofthe Planning Commission