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Home My WebLink AboutPC Resolution _4816- Case 5.0932- PD -280Il RESOLUTION NO.4816 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF CASE NO 5.0932 - PD-280, SUBJECT TO THE CONDITIONS STATED, FOR THE RECONSTRUCTION AND EXPANSION OF THE EXISTING CANYON SOUTH GOLF COURSE ON 152 ACRES LOCATED AT 1097 MURRAY CANYON DRIVE, ZONE W, W-R-1-13, SP-1, SECTIONS 35 AND 36. WHEREAS, the Agua Caliente Development Authority (the "Applicant") has filed an application for Case No. 5.0932 - PD-280 for the redesign and reconstruction of the existing Canyon South Golf Course on 152 acres located at 1097 Murray Canyon Drive, Zone W, W-R-1-13, SP-1; and WHEREAS, A Final Environmental Impact Report (FEIR) was prepared forthe Canyon Park Resort and Spa Specific Plan (SP-1) and was certified and adopted by the City Council on July 19, 1991, and an Environmental Assessment (Mitigated Negative Declaration) was certified and adopted on January 19, 1994 in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; and WHEREAS, said applications were submitted to appropriate City Departments fortheir review; and WHEREAS, said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0932 - PD-280, was given in accordance with applicable law; and WHEREAS, on November 27, 2002, a public hearing on the application for Case No. 50932 - PD- 280 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on November 27, 2002, the public hearing on the application for Case No. 5.0932 - PD-280 was continued to be heard on December 11, 2002; and WHEREAS, on December 11, 2002, a public hearing on the application for Case No. 50932 - PD- 280 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental QualityAct ("CEQA"), and an Environmental Assessment has been prepared forthis project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that, Case No. 5.0932 - PD-280 is 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 environmental assessment for Case No. 5.0932 - PD-280 adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environment effect for the proposed project. The Planning Commission has independently reviewed and considered Case No. 50932 - PD-280 and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declarations. The Planning Commission further finds that the decision reflects its independent judgement. Section 2: The Planning Commission finds that there is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report and MND. The current project is a proposal for the redesign and reconstruction of the existing Canyon South Golf Course, which is the same project analyzed in the original Final Environmental Impact Report and the MND. Since the potential for impacts is the same, there is no need for further environmental review. Section 3: The Planning Commission finds that a mitigation monitoring program was previously adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during Project implementation. The Planning Commission finds that the scope of the golf course has not changed and therefore the potential for impacts is the same as what was analyzed in the certified Final Environmental Impact Report and MND. Section 4: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club Judgement, the Planning Commission finds that the proposed project is consistent with the developable boundary established in the agreement. The developable boundary is described in the agreement as the area that is 291 feet east of, and parallel to, the westerly boundary of Section 36, Township 4 South, Range 4 East, and referred to as the "Limited Golf Area". The proposed plan is showing the limited golf area as a portion of the 121' hole including a golf cart path. Section 5: Pursuant to Section 94.03.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance and SP-1. The proposed Planned Development District will facilitate the modernization of the existing golf course to current standards. The Specific Plan is to be implemented via Planned Development District and subdivision maps, therefore, the PD is the appropriate land use review for this development. b. The use is necessary or desirable forthe development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed reconstruction of the existing golf course is internally consistent with the General Plan, zoning designations, and land use designations in SP-1. Specifically, the golf course is located within Planning Area 1 as shown on Figure 19 Specific Plan Planning Area Map in Sp-1. Planning Area 1 is designated as a golf and residential area. The subject property is the intended golf course area. The golf course will not involve any expansion beyond what is already existing. The project will make up a portion of the overall Canyon Park Resort and Spa Specific Plan and will therefore be compatible with existing and future uses in the zone. Any land use or biological impacts are fully disclosed in the Environmental Assessment. C. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The applicant is proposing the redesign and reconstruction of the existing Canyon South Golf Course, located at 1097 Murray Canyon Drive. The property is zoned W and W-R-1-B with an overlay of Specific Plan - 1 (SP-1). The project site is the Canyon South Golf Course with 7 acres of vacant desert lands on the northeast edge of the golf course. The proposed redesign and reconstruction of the golf course will not exceed the limits set out in the Specific Plan. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the property will be from an existing entrance on Murray Canyon Drive. Existing improvements consist of a 2-lane divided, striped roadway. Circulation on the golf course consists of golf cart paths. There will be no impacts to traffic and circulation as the proposal does not involve expansion beyond the existing golf course. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission recommends that the City Council order filing of a Mitigated Negative Declaration and approve Case No. 5.0932 - PD-280, including Preliminary and Final Planned Development District and grading plan, and landscape plan subject to those conditions set forth in the attached Exhibit A. ADOPTED THIS 17`' day of December, 2002. AYES: Conrad, Grence, Klatchko NOES: ABSENT: Matthews ABSTENTIONS: Caffery, Shoenberger, Marantz ATTEST: Chairman of the Planning Commission CITY OF PALM SPRINGS, CALIFORNIA Secretaryf the Planning Commission RE