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HomeMy WebLinkAbout1462 - ORDINANCES - 11/17/1993 ORDINANCE NO. 1462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAIR SPRINGS APPROVING THE SHADOWROCK DEVELOPMENT AGREEMENT, ADDING SECTION 9408. 05 ENTITLED "SHADOWROCK DEVELOPMENT AGREEMENT" TO THE ZONING CODE, AND AMENDING THE OFFICIAL ZONING MAP BY RECLASSIFYING A 1.,100 ACRE SITE FROM U-R AND 0-20 ZONES TO BEING SUBJECT TO THE SHADOWROCK DEVELOPMENT AGREEMENT, WHICH SITE IS GENERALLY LOCATED 1. 5 MILES WEST ON HIGHWAY 111 ON TRAMWAY ROAD IN SECTIONS 5,6 AND 8 OF TOWNSHIP 4 SOUTH, RANGE 4 EAST OF THE USGS 7. 5'' PALM SPRINGS. WHEREAS, the applicant, Shadowrock Ventures, a California General Partnership, has submitted a request for a Development Agreement for a mixed-used project involving a hotel with a spa/fitness/tennis facility; an 18 hole championship golf course; and a residential component consisting of single family homes and condominium units ("Development Agreement") ; and WHEREAS; the applicant, Shadowrock Ventures, owns a .legal or equitable interest in the 1p roperty 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 9408. 00 provides procedures and requirements for the, consideration of development agreements; and WHEREAS, the Development Agreement is enforceable by either the City of Palm Springs 037 Shadowrock Ventures as provided in Government Code Section 65865.4; and WHEREAS, all applicable rules,, regulations, and policies shall be enforceable that werpe in effect on the date this Development Agreement is executed by and bet:ween the City of Palm Springs and Shadowrock Ventures; and WHEREAS, the Development; Agreement conforms with the General Plan and the proposed Shadowrock development conforms with all policies, goals, and objectives of the City of Palm Springs General Plan and the development standards continued within the City of Palm Sprincis Zoning Ordinance; and WHEREAS, the City of Palm Springs 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 9408. 00 and Government Code Section 65865. 1; and WHEREAS, the Planning Comimission of the City of Palm Springs has considered information presented by the Community Development Department, the applicant and other interested parties at a duly noticed public hearing on September 22, 1993 ; and WHEREAS, the City Council of the City of Palm Springs has considered information presented by the Community Development Department, the applicant and other interested parties at duly 7 cf G Ord. No. 1462 � Page 2 noticed public hearings on October 20, 1993 used November 3 , 1993. NOW, THEREFORE, DE 1T RESOLVED, that the City Council of the City of Palm Springs does hereby fined as follows: SECTION 1. That the City Council hereby finds that the Shadowrock Development Agreement complies with the provisions of Zoning Ordinance Section 9408. 00 (12) (b) and (13) (b) as follows: 1. The Development Agreement is u;onsistsnt with the objectiven, policies, general land uses and programs specified in the General Plan or any applicable specific plan. The Development Agreement is consistent with the City of Palm Springs General Plan in that the Development Agreement directly reflects the land uses approved through Planned Development District No. 224 approved by Resolution No. 18087 on May 6, 1993 ("PDD") by the City Council, and these land uses are either permitted or conditionally permitted in the General Plan Land Use Element "Urban Reserve Zone" ("'U-R") and the "Open Land Zone, "Lone 2011 ("0©2011) , as applicable. There is no applicable specific pLan affecting the proposed development. 2. The Development Agreement is oompatible with the uses authorized for the land use zone in which the real property is located. The land eases proposed on the 1,100 acre Shadowrock project site are consistent with other land uses in the vicinity and with the U-R and 0-20 zoning designations. The approved PDD is in conformance with the regulations defined for the land use zones, by the City of Palm Springs Zoning ordinance. The Development Agreement addresses the approved PDD which is a 1, 100 acre multi-use multi- million dollar destination resort project composed of (a) an 18 hole championship golf course, clubhouse and driving range, (b) 135 single family and luxury estate homes, (c) 10 luxury bungalows, (a) 200 luxury condominiums, and (e) a 60 unit hotel building and spa/fitness/tennis facility, as described in the Planned Development District No. 224 ("PDD") . The PDD also approved two alternative development scenarios as to the hotel and tennis facility phases (i) alternative 1 being a 490 unit hotel, and (ii) alternative 2 being 211 single family and luxury estate homer. 3o The Development Agreement is in conformity with public convenience, general welfare and good land use practice. The Development Agreement is in conformance with established City goals, objectives and regulations outlined in the City General Plan and the City Zoning ordinance. 4. The Development Agreement is not detrimental to the public health, safety and welfare. Ord. No. 1462 Page 3 The Deve.l.opment Agreement is not detrimental to the health, safety a-nd welfare of the community in that all established zoning and development standards continue to be applicable. 5. The Development Agreement will not adversely affect the orderly development of ,property or the preservation of •the property values. The Development Agreement reflects the approved conditions of approval of the Shadowrock PDD which serves to insure the preservation of property values in the vicinity. SECTION 2. That the City Council hereby finds that the Shadowrock Planned Development District Environmental Impact Report (SCH No. 92052:1.04) which was certified by the City Council on May 5, 1993 by Resolution no. 180136, contemplated the approval of a development agreement with respect to the Shadowrock project. BE IT FURTHER RESOLVED, that the City Council of the City of Palm Springs does hereby ordain as follows: SECTION 1. That the Palm Springs Zoning Code is hereby amended by adding Section 9408. 05 to read as follows: "SECTION 9408. 05 .S"HAPPY-Eg-0, DEVELOPN,IENT AGREEMENT 1. Purpose. The purpose of this section is to establish a development agreement to guide the orderly development and improvement of that portion of the City which is located approximately 1. 5 miles west of Highway III on Tramway Road in Sections 5, 6 and 8 of Township 4 south, Range 4 east of the USGS 7.51 Palm Springs as legally described on .Exhibit "A" attached hereto and incorporated herein by reference. Portions of said property are designated as part of the Urban Reserve Zone and part is designated as part of the Open Land Zone. Hereafter the property Ehall also be designated "Development .Agreement No. 1" or "DA1" which shall be an overlay designation incorporating the restrictions of the °'Shadowrock Development Agreement". The preparation and adoption of a development agreement is authorized by California Government Code §§ 65864 through 65869.5. The Shadowrock Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Shadowrock Development Agreement; providers for ultimate development of a destination resort project consistent with the General Plan objectives, policies and programs which project is composed of (a) an 18 hole championship golf course, clubhouse and driving range:, (b) 135 single family and )Luxury estate homes, (e) 10 luxury bungalows, (d) 200 luxury condominiums, and (e) a 60 unit hotel building and spa/fitness/tennis facility. The Shadowrock Development Agreement also approved two alternative development scenarios as to •the hotel and tennis facility phase: ((ii))' 2 Ord. No. 1462 (..-y Page 4 alternative 1 being a 490 unit hotel, and (ii) alternative 2 being 211 single family and luxury estate homes. 2. Adoption of Shadgy or'_ Dem onngnt Agreement. There is adopted the Shadowrock Development Agreement, the text of which is set forth in the document entitled "Development Agreement - the City of Palm Springs and Shadowrock Ventures" included with the ordinance which codified this section, which agreement is incorporated in -this section by '� 3 i reference. The provisions of this section shall apply to all property described on Exhibit "All as depicted on Exhibit "A"-1 attached hereto and incorporated herein by reference. 3 . Property Development and Other Standards All property subject to the Shadowrock Development Agreement shall be iaaint:ained in accordance with all policies, requirements, regulations and provisions set north in the Shadowrock Development Agreement. The developer's performance of its obligations under the Shadowrock Development Agreement shall be subject to annual review as provided therein. " SECTION 2. That the Official Zoning Map of the City of Palm Springs is hereby amended by reclassifying from Urban Reserve Zone and Open Land Zone (Zone-20) to being subject to the Shadowrock Development Agreement all of that real property described on Exhibit "A" SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 17th day of November _ , 1,9- 93 . AYES: Councilmembers Hodges, Lyons, Reller-Spurgin,Schlendorf & Mayor Maryanov NOES: None ABSENT: None ATTEST: � CITY ALM SPRINGS, CALIFORNIA By �,__z �� L� City C1c�rle _ prt yor REVIEWED & APPROVED (to Ue initialed by Dept Head & City Atty) I HEREBY CERTIFY that the foregoing Ordinance 1462 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 17th day of November, 1993, and that same was duly published in the DESERT SUN, a newspaper of general circulation on November 11 & 23, 1993. 'JUDITH SUMICH City Clerk EXkI1B1T "A" MAP AND LEGAL DE5(;12-IPTION OF DEVELOPER'S,PROPERTY (Page 1 of 2) PARCEL 1 Section 5, Township 4 South, Range 4 East, San Bernardino meridian, in the County of Riverside, State of California, according to the;official plat of said land filed int he District Land Office; EXCEPTING THEREFROM (1) that portion conveyed to Riverside County Flood Control and Water Conservation District, by Deed recorded July 12, 1971, as Instrument No. 75722; and, (2) that portion dedicated to the City of Palm Springs' Parks, Open Space & Trails Foundation, lying northerly and northwesterly of the following described line and as shown on the attached Figure 1: Beginning at the southwest comer of said Section 5: Thence North 0°2'38" West 14:50.00 feet along the west line of said Section 5 to the True Point of Beginning; Thence South 30°00' East, 500.00 feet; Thence South 60°00' East 1099.00 feet; Thence North 90°00' East 149.00 feet; Thence North 00°00' East 55 1.00 feet; Thence North 15'00' East 1000.00 feet; Thence North 40'00' East 803.00 feet; Thence North 90000' East 403.00 feet; Thence South 4_5°00' East: I900.00 feet; Thence North 40'00' East 2100.00 feet; Thence North 90°00' East 830.00 feet; more or less to the east line of said Section 5, containing 365 acres, more or less. APPROVED P)v T€ 7 (-s,-"-, -() l� JN(:IL EXHIBIT "A" YC " MAP AND LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY (Page 2 of 2) PARCEL 2: The North Half of Section 8, Township 4 South, Range 4 East, San Bernardino Base and Meridian; EXCEPTING THEREFROM (1) that portion lying within Parcels 6070-11A, 6070-11C, and 6070-11D, as shown on record of survey recorded October 8, 1969, in Book 54, Pages 52-55, inclusive, of records of survey, Records of Riverside County, California; and, (2) that portion dedicated to the City of Palm Springs' Parks, Open Space & Trails Foundation, lying southerly of the following described line and as shown on the attached Figure 1: Beginning at the northwest corner of said Section 8: Thence South 8925'00" West 1300.00 feet along the north line of said section; Thence South 55°00' West 2000.00 feet; Thence South 45^00' West 750.00 feet; Thence South 55000' West 1050.00 feet; Thence North 90%' West 250.00 feet; Thence North 45°00' West 1050.00 feet; more or less to the west line of said Section 8, containing 200 acres, more or less. 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