HomeMy WebLinkAbout7/5/2000 - STAFF REPORTS (11) Date: July 05, 2000
To: City Council
From: Director of Planning& Building
Case 5.0730—Conditional Use Permit Application by the Mountain Falls Goff Preserve for
a Development Proposal which Includes an 18-hole golf course, clubhouse complex,
maintenance building,and twenty condominium units located on 359.08 acres of land west
of the Tachevah Debris Basin.
RECOMMENDATION: That the City Council approve the attached Resolution and
Ordinance in order to comply with Court's Judgment regarding Resolution Nos. 19725 and
19726 and Ordinance 1580.
BACKGROUND: The Mountain Falls Golf Preserve Company filed an application with the
City of Palm Springs to construct an 18 hole golf course, clubhouse complex with
restaurant/bar/pro shop/guesthouse,maintenance building,and 20 condominium units(the
"Project")located on 359.08 acres of land within Sections 9, 10,and 15. Litigation ensued
following the City's original approval of the Project,which ultimately resulted in the Project
approvals being set aside by the City Council. On January 19, 2000, the City Council
amended its findings, and approved Resolution No. 19725 recertifying the Environmental
Impact Report and the adopting the findings relating thereto. On the same date,it approved
Resolution No. 19726, which reapproved the conditional use permit and the general plan
amendment for the project. On February 2, 2000, the City Council of the City of Palm
Springs adopted Ordinance No. 1580, amending the Zoning Map of the City of Palm
Springs, which changed a portion of the site from W R-1 A to 0-20.
On March 31, 2000, the Sierra Club filed a supplemental petition for writ of mandate
challenging the City's approval of Resolution Nos. 19725 and 19726 and Ordinance No.
1580.
The Court, on June 05, 2000, entered Judgement on the supplemental petition for writ of
mandate and ordered that a writ of mandate be issued directing the City to set aside
Resolution Nos. 19725 and 19726 and Ordinance No. 1580.
The City Attorney's office has prepared the resolution and ordinance submitted herewith in
order for the City to comply with the Courts Judgment.
DougiolY. Evans
Director of Planning and Building
APPROVED /
City Manag
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Attachments: 1. Resolution
2. Ordinance
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RESCINDING APPROVALS
FOR THE MOUNTAIN FALLS GOLF PRESERVE,
RESOLUTIONS NOS. 19725 and 19726.
WHEREAS, The Mountain Falls Golf Preserve Company filed an application with
the City of Palm Springs to construct an 18 hole golf course, clubhouse complex with
restaurant/bar/pro shop/guesthouse, maintenance building, and 20 condominium units
(the"Project"), located on 359.08 acres of land within Sections 9, 10, and 15; and
WHEREAS, the City Council approved Resolution Nos. 19725 and 19726 in
connection with the Project on January 19, 2000; and
WHEREAS, on March 31, 2000, the Sierra Club filed a supplemental petition for
writ of mandate challenging the City's approval of Resolution Nos. 19725 and 19726;
WHEREAS, the Court, on June 5, 2000, entered Judgment on the supplemental
petition for writ of mandate and ordered that a writ of mandate be issued directing the
City to set aside Resolution Nos. 19725 and 19726.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby rescinds Resolutions No. 19725 and 19726.
ADOPTED this a day of July, 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
REVIEWED
BY:
I1WO14084-0116
9013201 8006M -]-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING ORDINANCE NO. 1580
CHANGING THE ZONING DESIGNATION OF
PROPERTY LOCATED IN SECTION 10 FROM W-R-1-A
(WATER COURSE WITH SINGLE FAMILY RESIDENTIAL
- 20,000 SQ. FT. LOT SIZE) TO 0-20 (OPEN SPACE - 20
ACRES MINIMUM LOT SIZE)
WHEREAS, the Mountain Falls Golf Preserve Company filed an application with
the City of Palm Springs ("City") to amend the zoning designation of land located within
Section 10 for the purpose of facilitating development of an 18 hole golf course,
clubhouse complex with restaurant/bar/pro shop/guesthouse, maintenance building, and
20 condominium units(the"Project"); and
WHEREAS, on February 2, 2000, the City Council of the City of Palm Springs
adopted Ordinance No.1580, amending the Zoning Map of the City of Palm Springs; and
WHEREAS, on March 31, 2000, the Sierra Club filed a supplemental petition for
writ of mandate challenging the City's approval of Ordinance No. 1580;
WHEREAS, the Court, on June 5, 2000, entered Judgment on the supplemental
petition for writ of mandate and ordered that a writ of mandate be issued directing the
City to set aside Ordinance No. 1580.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: REPEAL. The City Council of the City of Palm Springs hereby
repeals Ordinance No. 1580.
SECTION 2: PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of this Urgency Ordinance, and to cause the same or summary
thereof or a display advertisement, duly prepared according to law,to be published in
accordance with law.
ADOPTED this 5d day of July, 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
REVIEWED
BY: > 4eL 1
AC000
1191014084-0116
90131.01 3006I00 4-