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HomeMy WebLinkAboutPC Resolution _5010- GPA PD SP Zone U-R Sections 31 & 32, T4S, R5E, SBBMGeneral Plan Amendment RESOLUTION NO. 5010 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL AMEND THE GENERAL PLAN TEXT WITH RESPECT TO POLICIES 5.4.1, 5.4.4(B) AND (C), AND PALM HILLS AREA PLAN ELEMENTS #6, #7, AND ADDING AN ADDITIONAL ELEMENT IN ORDER TO FACILITATE THE DEVELOPMENT OF THE PALM HILLS SPECIFIC PLAN. WHEREAS, in July 1970, the City of Palm Springs annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills; and WHEREAS in 1974, the Palm Hills Study was commissioned with the directive that the main emphasis be the preservation of the environment while encouraging the development of resort and residential, and accessory, uses; and WHEREAS, the General Plan Palm Hills Area Plan was divided into four planning sub -areas (PH-1, PH-2A, PH-213, and PH-3) as part of the City's 1993 General Plan Update; and WHEREAS, PH-1 Planning Area is located in the most northerly portion of the Palm Hills Planning Area and is intended to be developed pursuant to a Specific Plan; and WHEREAS, PH-1 Planning Area is located north of Murray Hill and is separated from PH-2, PH- 3, and PH-4 by this major topographic feature; and WHEREAS, PH-1 is planned for resort hotel and attached and detached residential land uses with a maximum density of 1,200 units; and WHEREAS, the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a Specific Plan; and WHEREAS, Palm Hills Land Corp. ("Applicant") has initiated an application for the Palm Hills Specific Plan; and WHEREAS, Applicant has requested General Plan Text Amendments so as to modify hillside development policies and requirements of the Palm Hills Area Plan; and WHEREAS, a General Plan Text Amendment has been prepared to modify hillside development policies limiting development to slopes of less than 30%; and WHEREAS, a General Plan Text Amendment has also been prepared to modify Palm Hills Area Plan Elements to be consistent the proposed amendments to hillside policies and to add language that reflects a different approach to development of the Santa Rosa Mountains; and WHEREAS, the proposed General Plan Text Amendment affects the Palm Hills Planning Area only and does not have any effect on lands outside of the Palm Hills Planning Area; and WHEREAS, the proposed notice of a public hearing of the Planning Commission of the City to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was given in accordance with applicable law; and General Plan Amendment WHEREAS, on April 28, 2004, the Planning Commission of the City held a public hearing to consider General Plan Text Amendments so as to modify hillside development policies and requirements of the Palm Hills Area Plan; and WHEREAS, on May 26, 2004, the Planning Commission of the City held a continued public hearing to consider General Plan Text Amendments so as to modify hillside development policies and requirements of the Palm Hills Area Plan; and WHEREAS, a Notice of Preparation of an Environmental Impact Report for the General Plan Text amendments, Palm Hills Specific Plan (PA-1), Development Agreement, Planned Development District, Tentative Parcel Map, and Tentative Tract Map ("Project") was distributed to the State Clearinghouse and interested and responsible agencies, organizations, and individuals with a review period from May 10, 1998 to July 10, 1998; and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities; and WHEREAS, the Draft Environmental Impact Report (DEIR) for the Palm Hills Specific Plan was released for public comment from July 3, 2003 to August 18, 2003; and WHEREAS, 13 comment letters were received regarding the DEIR from various entities; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report was prepared for the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures, the proposed project could have a significant effect on the environment with respect to land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been adopted for the proposed Project including this General Plan Text amendment; 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: The proposed General Plan Amendments are in compliance with the Final Environmental Impact Report ("EIR") that has been completed for the Palm Hills Specific Plan (SCH #98061043) which is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The EIR adequately addresses 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 General Plan Text Amendment Plan and determined that it is in conformance with the information contained in the EIR. The Planning Commission further finds that with the incorporation of proposed mitigation measures and the adoption of the Statement of Facts and Findings, and State of Overriding Considerations, that the Project will cause significant environmental impacts and that the Project General Plan Amendment benefits justify overriding the unavoidable adverse impacts caused by the Project. in 2: The proposed General Plan Text Amendments seek to modify hillside development policies 5.4.1 and 5.4.4(b) and (c) so as to allow development on ridges that are not "skylined" and on slopes of greater than 30% on a limited basis, subject to strict design criteria and only as part of a Specific Plan. The proposed General Plan Text Amendments also seek to modify Palm Hills Area Plan Elements #6, #7, and add an additional element that would reflect the proposed changes to the hillside development policies while also representing a different approach to development in the Santa Rosa Mountains. The amendments to the Palm Hills Ares Plan are consistent with the PH-1 subarea that allows development of up to 1,200 units on the site. The General Plan currently views the Santa Rosa and San Jacinto Mountains as natural areas in which development impacts shall be minimized. Both ranges form a backdrop to the City and are also considered valuable scenic assets. The proposed amendments would establish in city policy a fundamental distinction difference between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. The San Jacinto Mountains are essentially undevelopable due to the extreme steepness of slope and are therefore suited to a policy of almost total preservation. However, the Santa Rosa Mountains consist of more gentle rolling terrain which may be more suited for development. Preservation in the Santa Road Mountains is seen as compatible with some development, if that development is proposed creatively and flexibly. n 3: The amendments to the General Plan Text with respect to hillside development policies and the Palm Hills Area Plan are necessary and appropriate in order to build consistency between the Palm Hills Specific Plan and the General Plan Map and Report. 1 4: The proposed amendments to the General Plan Text Amendments are necessary and proper at this time, and are not likely to be detrimental to the adjacent property or residents. The EIR included an evaluation of land ownership within the Palm Hills Planning Area (approximately 34 square miles), and based upon this evaluation it was determined that a large portion of this area is in public ownership. Based upon ownership patterns, the Planning Commission finds that it may be difficult to develop Palm Hills Planning sub -areas 2-A, 2-13, and 3. Based upon this review, the Planning Commission recommends that the City Council direct staff to initiate a General Plan Amendment to the Palm Hills Planning Area to reconsider the need to extend Palm Hills Drive and to re-evaluate the proposed land uses in the Palm Hills Planning Areas Plan II -A, II-B, Ill. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve the amendments to the General Pim Plan Text as shown in Exhibits A and B and that the City Council adopt the Statement of Facts and Findings and Statement of Overriding Considerations as shown in Exhibit C, adopt the Mitigation Monitoring Program in the Final EIR, (Exhibit C), certify the Final Environmental General Plan Amendment Impact Report, Development Agreement, Planned Development District, Tentative Parcel Map,k and Tentative Tract Map. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council direct staff to prepare a General Plan Amendment Study as part of the General Plan Update to consider amending the Circulation Plan by eliminating Palm Hills Drive and amending the Land Use Element to consider designating areas located south of Murray Hill as Conservation for the Palm Hills Plan Area. ADOPTED this 26th day of May, 2004. AYES: 5 NOES: 1 ABSENT: ABSTAIN: 1 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA jm�� ')'-) e. A� Planning Commission Chairman Plannin ommiss' Se tary General Plan Amendment EXHIBIT A PROPOSED GENERAL PLAN POLICY AMENDMENT GENERAL PLAN POLICY 5.4.1 and 5.4.4(b) and (c) 5.4_ 1 "in order to preserve the scenic beauty, to protect the mountains from damaging erosion and to protect the desert floor from flooding, the frontal slopes of the Santa -Rosa -and San Jacinto Mountains which face the desert floor shall be preserved as open space areas to the greatest extent possible and consistent with other policies in the General Plan. The slopes of individual landmark peaks should be preserved as open space areas. Development shall be subject to approval of a development plan on a case -by -case basis which addresses aesthetic issues such as screening and landscaping. 5.4.4(b) 'Development should be concentrated in areas with natural slopes of 10% or less in steepness. Natural slopes in excess of 30% eheuW Femain undiekirbe may be developed sub"ect to preparation of specri►_c hillside development criteria that address building desk n and construction techniques as part of a S ecific Plan. Development proposals for areas of 10% slope or greater, but less than 39%, or areas subject to erosion, shall be accompanied by detailed soils and geotechnical studies as well as visual simulation exhibits" 5.4.4(c) "Proposed development must be compatible, by virtue of design, height, materials and slope compatibility, with surrounding open space. Structures shall not visually break ridge lines when viewed from the valley floor unless a Specific Plan allowing such development is approved by the City, Areas graded for development shall be designed to blend with the natural surroundings. " General Plan Amendment EXHIBIT A PROPOSED GENERAL PLAN POLICY AMENDMENT PALM HILLS AREA PLAN Addition to the first paragraph: "The Cit 's a roach to Palm Hills underscores a fundamental difference between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. Both form a backdrop to the City of Palm S rips and must bg treated as valuable scenic assets. But whereas the San Jacinto Mountains are essential!y undevelo able due to extreme steepness of sloe and are -therefore suited to a policy of almost _total preservation, the Santa Rosa Mountains consist of more gentle, rolling terrain and reauire application of creative and flexible means to harmonize preservation with development" Palm Hills Area Plan Element #6 is proposed to be amended as follows: 'A program for the permanent preservation of open space, with the purpose to mitigate wildlife habitat loss and to provide recreation amenities, in accordance with the programs of the Bureau of Land Management, the State Park proposal, the Santa Rosa Mountains Conservancy Plan, the Bighorn Sheep Management Plan and any other active conservation program/plan to the extent that they are not in conflict with this General Plan. In order to preserve the scenic beauty, the frontal slopes of the Santa Rosa Mountains which are visible from the desert floor shall be preserved as open space to the Greatest extent possible. _ _ DevelMment which is visible from _ the valley floor shall be treated with sensitivity according to paragraph 7 following." An additional element (Element #7) that establishes guidelines to minimize the visual impact of structures on ridgelines is proposed to be added to the Palm Hills Area Plan as follows: A Plan which im lements a Ci 's stated goal of developing a lar a scale resort at this uai]gUe location which harmonizes with the natural 02ountain backdropof the City. To acam.011shhis develo menu shall seek reserve as much undisturbed na ural o en s ace as Possible. Where develo meet is visible from Lim- valley floor, building coloration, native plant selection and other design techniques shall be applied to blend structures with the native landscaping: Development of the ridgelines is allowed, so lgng as structures do not visually_break the skyline or alter an individual landmark peak (e.g. Murray Hill). To confirm the true extent and nature of visual change, accurate computerized visual simulations with and without the pralect shall be provided for consideration by the Planning Commission and City Council." Palm Hills Area Plan existing Element #7 is proposed to become Element #8 and be modified so as to increase overall density in areas with natural slopes of 10% or less from a range of %2 to 2 units to a range of to 4 units as follows: Target land uses and number of units: !Except as noted, land use is governed by the following descriptions and by the policies of the General Plan, and is not shown on the map. The required Specific Plan(s) shag provide a detailed land use plan; the ability to develop the target number of units id dependent upon compliance with the goals and policies of the General Plan, and upon the future availability of public lands for exchange or development. Units should be concentrated in areas with natural slopes of 10% or less in steepness with overall density in such areas in the range of Y2 - 2 4 unitslacre... I Development Agreement RESOLUTION NO.5010 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT WITH PALM HILLS LAND CORP. FOR THE PALM HILLS SPECIFIC PLAN LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM HILLS DRIVEIBROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTIONS 31 AND 32, T4S, RSE, SBBM. WHEREAS, in July 1970, the City of Palm Springs ("City") annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills; and WHEREAS in 1974, the Palm Hills Study was commissioned with the directive that the main emphasis be the preservation of the environment while encouraging the development of resort and residential and accessory, uses; and WHEREAS, the Palm Hills Area Plan was divided into four sub -areas (PH-1, PH-2A, PH-213, and PH-3) as part of the City's 1993 General Plan Update; and WHEREAS, PH-1 is planned for a resort hotel and attached and detached residential land uses with a maximum density of 1,200 units; and WHEREAS, the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a Specific Plan and that a Specific Plan is required for each Planning Area; and WHEREAS, Palm Hills Land Corp. ("Applicant") and the City have initiated an application for the Palm Hill Specific Plan for PH-1 Area only; and WHEREAS, Applicant has submitted a request for a Development Agreement for a mixed -use Project involving single-family residential units, a hotel, vacation ownership units, 18-hole golf course, and passive and active open space ("Development Agreement"); and WHEREAS, Applicant owns a legal or equitable interest in the property which is the subject of the Development Agreement and, therefore, is a qualified applicant for the Development Agreement; and WHEREAS, the Palm Springs Zoning Ordinance Section 94.08.00 provides procedures and requirements for the consideration of development agreements; and WHEREAS, if approved, the Development Agreement would be enforceable by both the City or the Applicant as provided in Government Code Section 65865.4; and WHEREAS, if approved, with respect to the development of the Project, the applicable rules, regulations, and policies shall be those which are in effect on the date this Development Agreement is executed by and between the City and the Applicant; and Development Agreement WHEREAS, the Development Agreement conforms with the General Plan and the proposed Palm Hills Specific Plan, as well as all policies, goals, and objectives of the City's General Plan and the applicable development standards within the Palm Springs Zoning Ordinance; and WHEREAS, the City may terminate or modify the Development Agreement if it finds and determines, on the basis of substantial evidence, that the Applicant or its successor in interest has not complied in good faith with the Development Agreement's terms and conditions, in accordance with Palm Springs Zoning Ordinance Section 94.08.00 and Government Code Section 65865.1; and WHEREAS, a Notice of Preparation of an Environmental Impact Report for the Palm Hills Specific Plan was distributed to the State Clearinghouse and interested and responsible agencies, organizations, and individuals with a review period from May 10, 1998 to July 10, 1998; and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities; and WHEREAS, a Draft Environmental Impact Report (DEIR) for the Palm Hills Specific Plan was released for public comment from July 3, 2003 to August 18, 2003; and WHEREAS, 13 comment letters were received regarding the DEIR from various entities; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), a Final Environmental Impact Report was prepared for the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures, the proposed Project could have a significant effect on the environment with respect to land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been adopted for the proposed Project; and WHEREAS, notice of a public hearing of the Planning Commission of the City to consider the Development Agreement was given in accordance with applicable taw; and WHEREAS, on April 28, 2004, a public hearing to consider the Development Agreement was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 26, 2004, a continued public hearing to consider the Development Agreement 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Palm Springs does hereby find as follows: Development Agreement Section 1: Pursuant to CEQA, a Final Environmental Impact Report ("EIR") has been fib completed for the Palm Hills Specific Plan (SCH #98061043), which EIR is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Final EIR for the Palm Hills Specific Plan adequately analyzes the general environmental setting of the proposed Project, its potential 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 and determined that it is in conformance with the information contained in the Environmental Impact Report. The Planning Commission further finds that with the incorporation of proposed mitigation measures and the adoption of the Statement of Facts and Findings and Statement of Overriding Considerations. Section 2: The Planning Commission hereby finds that the Palm Hills Development Agreement complies with the provisions of Zoning Ordinance Section 94.08.00 as follows: a. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan. The Development Agreement is consistent with the General Plan in that the Development Agreement directly reflects the land uses authorized by the Specific Plan as of the Effective Date of this Resolution. These land uses are either permitted or conditionally permitted in the General Plan Land Use Element in the C (Conservation) category. The Development Agreement is also consistent with the General Plan in that the Development Agreement directly reflects the land uses approved through Planned Development District 258 ("PDD"), which is being considered concurrently hereto. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Project is located. The proposed land uses of single-family residential, hotel, vacation ownership units, 18- hole golf course, and passive and active open space are consistent with land uses in the vicinity and with the C designation in the General Plan. The proposed Specific Plan and PDD would also be compatible with the regulations defined for the land use zones by the Palm Springs Zoning Ordinance. The Development Agreement provides for the development of a multi -million dollar resort as set forth in the Specific Plan and PDD, which would be located on property to which Applicant holds a legal or equitable interest. C. The Development Agreement should be approved in the interest of public convenience, general welfare, and good land use practice. The Development Agreement conforms to established City goals, objectives, and regulations as outlined in the General Plan and the Palm Springs Zoning Ordinance. Development Agreement The Development Agreement is not detrimental to the public health, safety, and welfare. The Development Agreement is not detrimental to the health, safety, and welfare of the community in that all established zoning and development standards continue to be applicable. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The Development Agreement reflects the approved conditions of approval of the Palm Hills Specific Plan and PDD, both of which serve to insure the preservation of property values in the vicinity. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve the Development Agreement for the Palm Hills Specific Plane (PH-1 Area). ADOPTED this 26t' day of May, 2004. AYES: 5 NOES: 1 ABSENT: ABSTENTIONS: 1 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA I Planning Commfss'io6 dh-al . rma Zain�r�tg ton—'sionFecretary/ 75 Specific Plan RESOLUTION NO. 5010 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE PALM HILLS SPECIFIC PLAN FOR THE DEVELOPMENT OF 1,200 UNITS CONSISTING OF SINGLE FAMILY RESIDENTIAL, HOTEL, VACATION OWNERSHIP UNITS, 18-HOLE GOLF COURSE, AND PASSIVE AND ACTIVE OPEN SPACE FOR 1204.1 ACRES LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTIONS 31 AND 32, T4S, R5E, SBBM. WHEREAS, in July 1970, the City of Palm Springs annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills; and WHEREAS in 1974, the Palm Hills Study was commissioned with the directive that the main emphasis be the preservation of the environment while encouraging the development of resort and residential, and accessory, uses; and WHEREAS, the Palm Hills Area Plan was divided into four subareas (PH-1, PH-2A, PH-213, and PH-3) as part of the City's 1993 General Plan Update; and WHEREAS, PH-1 was targeted for resort hotel and attached and detached residential land uses with a maximum density of 1,200 units; and WHEREAS, the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a Specific Plan; and WHEREAS, a Section 65450 of the California Government Code grants local planning agencies the authority to prepare a specific plan of development over a given piece of property; and WHEREAS, Palm Hills Land Corporation and the City of Palm Springs have initiated the Palm Hills Specific Plan for PH-1 located on 1,204.1 acres south of East Palm Canyon Drive and west of Palm Hills Drive/Broadmoor Drive in the Santa Rosa Mountains, Zone U-R, Section 31 and 32, T4S, R5E, SBBM; and WHEREAS, the proposed Specific Plan is consistent with the General Plan; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the application for the Palm Hills Specific Plan for 640 acres for 1,204.1 acres located south of East Palm Canyon Drive and west of Palm Hills Drive/Broadmoor Drive in the Santa Rosa Mountains was issued in accordance with applicable law; and WHEREAS, on April 28, 2004 a public hearing on the application for the Palm Hills Specific Plan for 640 acres for 1,204.1 acres located south of East Palm Canyon Drive and west of Palm Hills Drive/Broadmoor Drive in the Santa Rosa Mountains was held by the Planning Commission in accordance with applicable law; and Specific Plar WHEREAS, on May 26, 2004 a public hearing on the application for the Palm Hills Specific Plar for 640 acres for 1,204.1 acres located south of East Palm Canyon Drive and west of Palm Hills Drive/Broadmoor Drive in the Santa Rosa Mountains was held by the Planning Commission it accordance with applicable law; and WHEREAS, a Notice of Preparation of an Environmental Impact Report for the Palm Hills Specific Plan was distributed to the State Clearinghouse and interested and responsible agencies, organizations, and individuals with a review period from May 10, 1998 to July 10, 1998; and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities; and WHEREAS, the Draft Environmental Impact Report (DEIR) for the Palm Hills Specific Plan was released for public comment from July 3, 2003 to August 18, 2003; and WHEREAS, 13 comment letters were received regarding the DEIR from various entities; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report was prepared for the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures, the proposed project could have a significant effect on the environment with respect to land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been prepared for the proposed project; 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 the Environmental Impact Report has been completed for the Palm Hills Specific Plan (SCH #9806'! 043) and is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The EIR for Case No. 5.0826 adequately addresses 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 and determined that it is in conformance with the information contained in the Environmental Impact Report. The Planning Commission further finds that with the incorporation of proposed mitigation measures and the adoption of the Statement of Overriding Considerations and Statement of Facts and Findings, potentially significant environmental impacts resulting from this Project will be either be reduced to a level of insignificance or the Project benefits justify overriding the unavoidable significant Ariva n imnar+t associated with Project and therefore recommends certification Project. Specific Plan Section 2: The proposed Specific Plan is consistent with the goals, policies, and objectives of the General Plan. The Specific Plan will produce a cohesive and coordinated framework to guide future development of PH-1, which targets hotel and attached and detached residential land uses with a target of 1,200 units. The Specific Plan consists of seven planning areas that include single-family residential, resort hotel, vacation ownership units, an 18-hale golf course, and passive and active open space uses. The intent of the Palm Hill Specific Plan is to address the land use issues associated with development of the Palm Hills property in sufficient detail to ensure the subject site is adequately served with public infrastructure and that it can be developed in a manner which is compatible with the City's development goals for the Palm Hills area. Project -wide land use standards will be applied to ensure overall design coordination of the various planning areas within the Palm Hills Specific Plan. The Specific Plan is a legal document and planning tool that provides the City and the Project proponents (i.e. Palm Hills Land Corporation, Indian Allottees) or their successors in interest with guidelines for future development. The Specific Plan will be implemented in phases with the golf course as the first phase in any scenario followed by the hotel or single family residential. The phasing plan for the Palm Hills project assumes a 15-year build out concept. Phasing plans will generally follow Planning Area boundaries and will depend primarily on market absorption rates. Section 3: The Specific Plan will serve to refine and implement the City of Palm Springs General Plan for the Palm Hills property by applying unique development standards designed specifically for the project site. In this regard, the plan establishes a pattern and density of land use as articulated in Section III of the Specific Plan and development regulations contained in Section VI of the Specific Plan. The Specific Plan establishes a circulation plan whereby streets and roads are located and sized based on existing topographic considerations and proposed traffic pattems and peak hour traffic demands. Public facilities plans in the Specific Plan define what facilities are needed to serve the Palm Hills community and identify the most appropriate area within the Plan area to locate these facilities. A landscaping plan for the proposed community is another element of the Specific Plan, prepared in conjunction with an open space plan, that designates certain areas as natural/passive open space and active/usable open space. The Specific Plan also contains development guidelines that detail site planning, landscaping, and architectural requirements to ensure the future development is compatible with the site's natural landform. Section 4: The Specific Plan is necessary and proper at this time, is not likely to be detrimental to adjacent property or residents and will be consistent with the General Plan designations for the project area. Section 5: The EIR analyzed the two Specific Plan land -use alternatives and after careful evaluation, the Planning Commission recommends approval of the Alternative Plan as described in the Specific Plan and EIR. The Alternative Plan was prepared to reduce environmental impacts to Eagle Canyon by relocating the Specific Plan proposed golf course and reduce environmental impacts to visual resources by relocating the hotel complex. In addition, after considering the EIR, public comments, and in response to comments by California Department of Fish and Game and the U.S. Fish and Wildlife Service, recommends approval of Alternative Plan (revised Specific Plan exhibit) which reduces the number of dwelling units near Eagle Canyon, relocates the portion of the golf course near Eagle Canyon, relocates the main access way near Eagle Canyon, and reduces the number of residential units in Planning Area I, V, and VI to reduce visual impacts. The revised Alternative Plan and its related effects are consistent with the EIR and will not cause any new environmental impacts or cause any development in any areas not analyzed in the EIR. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council, based upon the adopted Statement of Facts and Findings, Statement of Overriding Considerations, and adopted Mitigation Monitoring Program in the Final EIR and certified Final Environmental Impact Report for the Palm Hills Specific Plan, and hereby recommends approval of the Palm Hills Specific Plan. ADOPTED this 26`h day of May, 2004. AYES: 5 NOES: 1 ABSENT: ABSTENTIONS: 1 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 0 Chairman of Planning Commm6n Secret of the Plap&g Com ion Planned Development District RESOLUTION NO. 5010 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PLANNED DEVELOPMENT DISTRICT 258, TENTATIVE TRACT MAP 29100, AND TENTATIVE TRACT MAP 29101 FOR THE IMPLEMENTATION OF THE PALM HILLS SPECIFIC PLAN CONSISTING OF UP TO 1,200 UNITS INCLUDING SINGLE FAMILY RESIDENTIAL, HOTEL, VACATION OWNERSHIP UNITS, AN 18-HOLE GOLF COURSE, AND PASSIVE AND ACTIVE OPEN SPACE FOR 1,204.1 ACRES LOCATED SOUTH OF EAST PALM CANYON DRIVE, WEST OF PALM HILLS DRIVEIBROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTION 31 AND 32, T4S, R5E, SBBM. ;EAS, in July 1970, the City of Palm Springs ("City") annexed 34 square miles in the San and Santa Rosa Mountains known as Palm Hills; and EAS in 1974, the Palm Hills Study was commissioned with the directive that the main Isis be the preservation of the environment while encouraging the development of resort sidential and accessory, uses; and WHEREAS, the Palm Hills Area Plan was divided into four (4) sub -areas (PH-1, PH-2A, and PH-3) as part of the City's 1993 General Plan Update; and PH-2B, WHEREAS, PH-1 is planned for resort hotel and attached and detached residential land uses with a maximum density of 862 units; and WHEREAS, the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a Specific Plan; and WHEREAS, Palm Hills band Corp. ("Applicant") and the City have initiated an application for the Palm Hills Specific Plan; and WHEREAS, Palm Hills Land Corporation has submitted an application for Planned Development District 258 ("PD-258"), Tentative Tract Map 29100, and Tentative Tract Map 29101 (the "Project") for the implementation of the Palm Hills Specific Plan consisting of up to 862 units including single-family residential units, a hotel, vacation ownership units, an 18-hole golf course, and passive and active open space; and WHEREAS, said Tentative Tract and Parcel Maps were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the application for PD-258, Tentative Tract Map 29100, and Tentative Tract Map 29101 was issued in accordance with applicable law; and WHEREAS, on April 28, 2004, a public hearing on the application for the Project was held by the Planning Commission in accordance with applicable law; and Planned Development District WHEREAS, on May 26, 2004, a continued public hearing on the application for the Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Maps 29100 and 29101, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed subdivision, Case No. 5.0826- - PD-258 TTM 29100 and TTM 29101 is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); and WHEREAS, a Notice of Preparation of an Environmental Impact Report for the Palm Hills Specific Plan was distributed to the State Clearinghouse and interested and responsible agencies, organizations, and individuals with a review period from May 10, 1998 to July 10, 1998; and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities; and WHEREAS, the Draft Environmental Impact Report (DEIR) for the Palm Hills Specific Plan was released for public comment from July 3, 2003 to August 18, 2003; and WHEREAS, 13 comment letters were received regarding the DEIR from various entities; and WHEREAS, in accordance with CEQA, a Final Environmental Impact Report was prepared for the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures, the proposed project could have a significant effect on the environment with respect to land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been prepared for the proposed project; 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 CEQA, the Planning Commission finds that a Final Environmental Impact Report ("EIR") has been completed for the Palm Hills Specific Plan (SCH #98061043), Case No. 5.0826, and is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The EIR for Case No. 5.0826 adequately addresses 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 Planned Development District project. The Planning Commission has independently reviewed and considered the Specific Plan and determined that it is in conformance with the information contained in the Environmental Impact Report. The Planning Commission further finds that with the incorporation of proposed mitigation measures and the adoption of the Statement of Overriding Considerations and Statement of Facts and Findings, potentially significant environmental impacts resulting from this Project will be either be reduced to a level of insignificance or the project benefits justify overriding the unavoidable significant adverse impact associated with Project and therefore recommends certification of the EIR for this project. ction 2: 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: 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. Planned Development District 258 (PD-258) is being proposed in order to provide greater design detail than the Specific Plan and to also be the primary mechanism to implement the Specific Plan. The purpose of the Planned Development District is to replace the underlying Urban Reserve (U-R) zoning classification. The U-R zone permits uses consistent with the general plan land use element subject to the approval of a planned development district. Land in the U-R zone may be considered for urban uses if it meets conditions as listed in Section 92.22.02 of the Palm Springs Zoning Ordinance. These conditions include the submission of development plans and standards for review by the Planning Commission and City Council, the installation of circulation, utilities, and facilities required a planned development district, the provision of school and park sites or contributions for the acquisition and development thereof, that the development be reasonably adjacent to already urbanized development or that it be self sustaining, and that an environmental impact report be prepared pursuant to the provisions of CEQA. The Palm Hill Specific Plan, which is proposed to be the overarching document to guide development in the Specific Plan, addresses the conditions as listed in Section 92.22.02. PD-258 represents a further refinement of the Palm Hills Specific Plan. Therefore, the U-R zone allows the types of land uses contemplated as part of PD-258. The use is necessary or desirable for the 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 Planned Development District includes the hotel, vacation ownership units, golf course, golf clubhouse, and single family residences. The PH-1 planning area specifically envisions a hotel and attached and detached residential units as land uses with a maximum overall density of 1,200 units. Several associated General Plan Text Amendments are proposed in conjunction with PD-258 that modify hillside development policies and the requirements of the Palm Hills Area Plan. The proposed General Plan Amendments represent a different approach to development in the Santa Rosa Mountains based on less steep terrain and will facilitate PD-258. The Palm Hills Area Plan was conceived to encourage the type of development being contemplated as part of PD-258. Therefore, the land uses included in PD-258 are consistent with the elements and objectives of the General Plan and Palm Hills Specific Plan. Planned Development District G. 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 project site represents 906 acres. Staff recommends approval of the Alternative Plan. The difference between the original plan and alternative plan is in the location of the hotel, vacation ownership units, and golf course. The total number of dwelling units remains the same in either plan at 1,200. With respect to site design, the Alternative Plan reduces the visual impact of structures on the property. Visual simulations show that, despite those attempts, structures will be visible form various vantage points. The single-family residential lots are spread throughout the property with the hotel and vacation ownership units clustered around the center of the Project site. The 18-hole golf course is interspersed among the dwelling units. Final design of the residential, hotel, and vacation ownership units will be determined with submittal of final development plans. The vacation ownership units are intended to be either traditional timeshares (up to 50 weeks per year) or fractional ownership (monthly or up to '/ ownership). The single family residential lots are custom lots and will be subject to a private design review process ( Palm Hills Architectural and Design Review Committee), as established by the project CC&Rs and appointed by the Palm Hills Home Owners Association. The residences will be reviewed according to design guidelines as outlined in Section 1V of the Specific Plan. These guidelines take into account the various design criteria that are involved in the City's architectural review of hillside single family residences. Approved plans, stamped by the Architectural and Design Review Committee, shall be submitted to the Director of Planning Services for review and approval. 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. The Project will be accessed from Palm Hills Drive, a secondary thoroughfare, with private loop roads for internal circulation. The developer would be required to provide public access to the hotel property. The developer is also required to dedicate a 100- foot right-of-way through the project site from the southern terminus of Palm Hills Drive. A very limited portion of the roadway will be within the corporate limits of Cathedral City. A joint use and maintenance agreement would be required between the developer, City of Cathedral City, and City of Palm Springs before the offer for dedication would be accepted. The public portion of Palm Hills Drive is currently an unimproved, dirt road. The developer is required to improve Palm Hills Drive from East Palm Canyon Drive to the project entry to a half -street width of 40 feet, per Engineering condition of approval N. Final design of the roadway shall be subject to review of the City Engineer and Director of Planning and Zoning with approval by the Planning Commission. 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 Planned Development District Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: The proposed Tentative Maps are consistent with applicable general and specific plans. Tentative Tract Map 29101 is a master parcel map that will subdivide the 1,204-acre Palm Hills Specific Plan area into large parcels of 20 acres or more containing 7 individual Planning Areas and open space that may be sold to individual residential or resort builders. Tentative Tract Map 29100 identifies individual residential lots and provides for detailed engineering of the project site. Both maps are being proposed in conjunction with the Palm Hills Specific Plan and PD-258 and are consistent with the General Plan and the Palm Hills Specific Plan. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. The improvements of the proposed subdivisions are consistent with the General Plan and the Palm Hills Specific Plan. TTM 29101 is the Master Parcel Map for financial purposes that divides 1,204.1 acres into large parcels of 20 acres or more containing 7 Planning Areas and open space. TTM 29100 identifies residential lots and allows for more detailed engineering. The project site is located in PH-1, one of four sub -areas of the Palm Hills Area Plan, with a maximum allowable density of 1,200 units. With a project area of 1,204.1 acres, the overall density of the project is a little under 1 unit/acre, which is defined as Very Low Density in the General Plan. The Palm Hills Area Plan allows for clustering of land uses with a density range of '/2 to 2 units/acre. Another requirement of any proposed Specific Plan for Palm Hills is that there be engineered (schematic) roadway alignments showing rough cut/fill, bridges, and animal pass-thrus, gradients, and visual impacts. The roadway alignments proposed as part of TTM 29100 are consistent with this requirement. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The lots have been oriented such that they are clustered together the greatest extent possible. As discussed above, the subdivision is consistent with the goals and policies of the General Plan and the Palm Hills Specific Plan. Both documents identify the site as suitable for development of up to 1,200 units and the subdivision has been designed to meet the requirements of both documents. The overall density of under one (1) unittacre is within the allowable density range of'h to 2 units/acre. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The EIR for the Palm Hills Specific Plan includes the Draft Environmental Impact Report, comments and responses to the DEIR, Technical Appendices, Notice of Preparation and comments, agency and other correspondence. A Final Environmental Impact Report Planned Development District has been prepared for this Project. In completing the EIR, staff found that there could be a significant environmental impact in several environmental issue categories including the following: land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer. All other potential impacts were determined to be less than significant without mitigation or could be reduced to a less than significant level with implementation of mitigation measures identified in the EIR. Despite mitigation measures, there are impacts in certain environmental issue categories that cannot be mitigated to a level of insignificance and therefore a Statement of Facts and Findings and Statement of Overriding Consideration has been prepared. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The site is currently crossed by some existing public trails that provide access to other trails. The site has been informally utilized, including by trespass, for recreational purposes by the general public including equestrians, hikers, and mountain bikers. The project design recognizes and retains the existing Araby and Clara Burgess Trails which have been historically used by the public. As a mitigation measure, the project has been designed to provide internal trail linkages, some of which must be realigned from existing locations within the property, to the Araby Trail on the northwest, to the Clara Burgess Trail on the south, to the "Hofbrau" palm oasis in Eagle Canyon, and to Cathedral City Wildhorse, Garston, and Araby Trails along the dirt road used by mountain bikers. To maintain the functionality of these trails, the new connections are provided that skirt the project and maintain functional linkages from north to south and east to west between these publicly used trails. The project will seek to control trespass and eliminate the creation of new pioneered paths and trails through natural lands. Over 600 acres of open space is provided for visual and hiking enjoyment by residents and visitors to the project site. Therefore, the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. m Planned Development District NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Planned Development District 258, Tentative Tract Map 29100, and Tentative Tract Map 29101 subject to those conditions set forth in the attached Exhibit A. ADOPTED this 26t�' day of May, 2004. AYES: 5 NOES: 1 ABSENT: ABSTENTIONS: 1 ATTEST: xLm)v- Az/))U'� Chairman of Planning Commis CITY OF PALM SPRINGS, CALIFORNIA &Y'e�;40N *eetary Pl Wing Co ission