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Home My WebLink About1466 - ORDINANCES - 2/2/1994 ORDINANCE NO. 1466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING THE DEVELOPMENT AGREEMENT FOR CANYON DEVELOPMENT ( "CANYON DEVELOPMENT AGREEMENT" ) , AD.DING SECTION 9408 . 06 ENTITLED "CANYON DEVELOPMENT AGREEMENT" TO THE ZONING ORDINANCE DESIGNATING PROPERTY AS BEING SUBJECT TO THE CANYON DEVELOPMENT AGREEMENT (DESIGNATED DA2) , WHICH SITE IS GENERALLY LOCATED ON SOUTH PALM CANYON DRIVE BETWEEN MURRAY CANYON DRIVE AND THE SOUTHERN BOUNDARY OF THE CITY OF PALM SPRINGS . WHEREAS, the applicant, Canyon Development, a California General Partnership, has submitted a request for a Development Agreement for a mixed-used project involviz.Lg a hotel with a spa/fitness/tennis facility; an 18 hole regulation. length golf course; and a residential component consisting of single family homes and multi-family units ( "Development Agreement" ) ; and WHEREAS, Specific Plan No. 50576-SP-1 was approved by the City Council pursuant to Resolution No. 17600 on July 19 , .1991 and subsequently amended by that certain Canyon Park Resort & Spa Plan No . 1 Amendment approved by the City Council on January 19 , 1994 pursuant to Resolution No. 18275 (the "Specific Plan" ) . WHEREAS ; the applicant, Canyon Development, 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 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 or Canyon Development as provided in Government Code Section 65865 . 4 ; and WHEREAS, all applicable rules, regulations, and policies shall be enforceable that were in effect on the date this Development Agreement is executed by and between the City of Palm Springs and Canyon Development; and WHEREAS, the Development Agreement conforms with the General Plan and the Specific Plan and the proposed Canyon 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 Springs ironing 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 N92\053\014084-W22\2077084.3 01/12/94 Ord. No. 1466 Page 2 WHEREAS, the Planning Commission of the City of Palm Springs has considered information presented by the Department of Planning & Zoning, the applicant and other interested parties at a duly noticed public hearings on December 22 , 1993 and December 29, 1993 ; and WHEREAS, the City Council of the City of Palm Springs has considered information presented by the Department of Planning & Zoning, the applicant and other interested parties at duly noticed public hearings on January 19, 1994 . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palm Springs does hereby find as follows : SECTION 1 . That the City Council hereby finds that the Canyon Development Agreement complies with the provisions of Zoning Ordinance Section 9408 . 00 (12) (b) and (13) (b) as follows : 1 . The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Development Agreement is consistent with the City of Palm Springs General Plan in that the Development Agreement directly reflects the land uses authorized by the Specific Plan as of the Effective Date of this Ordinance . These land uses are either permitted or conditionally permitted in the General Plan Land Use Element in the following land use categories : L2 , PR, M15 , and H30, as applicable . The Development Agreement is also 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. 217A ( "PDD11 ) approved concurrently herewith by the City Council . 2 . The Development Agreement is compatible with the uses authorized for the land use designation in which the real property is located. The land uses proposed on the Canyon project site are consistent with other land uses in the vicinity and with the L2 , PR, M15 and H30 designations in the General Plan. The approved Specific Plan and PDD are in conformance with the regulations defined for the land use zones by the City of Palm Springs Zoning Ordinance . The Development Agreement provides for the development of a multi-million dollar destination resort as set forth in the Specific Plan and PDD which would be located on property to which Canyon holds legal or equitable interest . 3 . 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 I'82V053V1114ON4{0022\2077U84 3 01/12/94 Ord. No. 1466 Page 3 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 . 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 . 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 Canyon Specific Plan and PDD both of which serve to insure the preservation of property values in the vicinity. SECTION 2 . That the City Council hereby finds that the Canyon Environmental Impact :Report (SCH No. 91012026) which was certified by the City Council on July 19, 1991 by Resolution No. 17598, contemplated the approval of a development agreement with respect to the Canyon 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 . 06 to read as follows : "SECTION 9408 . 06 CA14YON DEVELOPMENT AGREEMENT 1 . Purpose . The purpose of this section is to establish a development agreement to guide the orderly development and innprovement of that portion of the City which is generally located. on South Palm Canyon Drive between Murray Canyon Drive and the southern boundary of the City of Palm Springs as legally described in the Development Agreement . Portions of the property are designated as part of the L2 , PR, M15 and. H30 land use designations in the General Plan, as applicable . Hereafter the property shall also be designated "Development Agreement No. 2" or 11DA2" which shall be an overlay designation incorporating the restrictions of the "Canyon Development Agreement" . The preparation and adoption of a development agreement is authorized by California. Government Code §§ 65864 through 65869 . 5 . The Canyon Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Canyon Development Agreement provides for ultimate development of a destination resort project consistent with the General Plan FS2\053\014084-0022\2077084.3 01/12/94 Ord. No. 1466 Page 4 objectives, policies and programs of the City which project is to be located on that certain property described in the Development Agreement . 2 . Adoption of Canyon Development Agreement. There is adopted the Canyon Development Agreement, the text of which is set forth in the document entitled "Development- Agreement - the City of Palm Springs and Canyon Development" included with the ordinance which codified this section, which agreement is incorporated in this section by reference . The provisions of this section shall apply to all property described on Exhibit "A" as depicted on Exhibit "A"-1 attached to said Development Agreement and incorporated herein by reference. 3 . Property Development and Other Standards . All property which is subject to the Canyon Development Agreement shall be maintained in accordance with all policies, requirements, regulations and provisions set forth in the Canyon Development Agreement . The developer' s performance of its obligations under the Canyon Development Agreement shall be subject to annual review as provided therein. " SECTION 2 . That all property described on Exhibit A to the Development Agreement shall be designated on the Official Zoning Map of the City of Palm Springs as being subject to the Canyon Development Agreement . 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 2nd - day of February, 1994 . AYES : Councilmembers Hodges, Lyons, Schlendorf and Mayor Pro Tem Reller-Spurgin NOES : None ABSENT: None ABSTAIN: Mayor Maryanov ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ��City Clerk —� Mayor REVIEWED & APPROVED %..IAI). (to be initialed by Dept Head & City Atty) I HEREBY CERTIFY that the foregoing Ordinance 1466 P52\053\014084-0022\2077084.301112194 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 2nd day of February, 1994, and that same was published in the DESERT SUN, a newspaper f eral circulation on January 28 & February C]UDITH SUMICH City Clerk