HomeMy WebLinkAbout1577 - ORDINANCES - 1/5/2000 URGENCY ORDINANCE NO. 1577
AN URGENCY ORDINANCE OF THE CITY OF PALMS
SPRINGS,CALIFORNIA,REPEALING ORDINANCE NO.
1564 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)
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WHEREAS,the Mountain Falls Golf Preserve Company(the"Applicant")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
restaurantlbar/pro shop/guesthouse, maintenance building, and 20 condominium units (the
'Project"); and
WHEREAS, on January 6, 1999, the Palm Springs City Council adopted Ordinance No. 1564
approving the aforementioned zoning amendment; and
WHEREAS, on January 19, 1999, the Sierra Club filed a petition for writ of mandate challenging
the City's approval of the Project under CEQA,the California Fish and Game Code,the California
Endangered Species Act, the Federal Endangered Species Act, the City's General Plan, the City's
zoning code, and the Due Process Clause of the federal Constitution; and
WHEREAS,on April 12, 1999,the Sierra Club filed a Second Amended Petition and the parties to
the lawsuit briefed the merits of the petition for writ of mandate,and the Superior Court of the State
of California for the County of Riverside, California, Honorable Gloria Connor Trask, presiding,
heard argument and took the matter under submission on August 23, 1999; and
WHEREAS, the Court, through its ruling on the petition issued on October 1, 1999, and its
Judgment issued on December 17, 1999,found that the City's approval of the Project complied with
CEQA except that the administrative record did not contain substantial evidence to support the
City's conclusion that (1) the Project would not cause significant, direct impacts to Peninsular
bighorn sheep or that such impacts could be mitigated to a level of insignificance, and (2) that all
indirect significant impacts could be mitigated to a level of insignificance; and
WHEREAS,the Court,through its ruling on the petition and its Judgment,denied each of the Sierra
Club's claims under the California Fish and Game Code,the California Endangered Species Act,the
Federal Endangered Species Act, the City's General Plan, the City's zoning code, and the Due
Process Clause of the federal Constitution; and
WHEREAS, on December 17, 1999, the Court issued a judgment authorizing the issuance of a
peremptory writ of mandate remanding the proceedings to the City and commanding the City to
suspend any and all Project activity and set aside the Project approvals for the Mountain Falls Golf
Preserve, including Ordinance No. 1564 related to the zoning amendment, until the City has
complied with CEQA; and
WHEREAS, the Judgment issued by the Court requires the City to file a return of the writ of
mandate within thirty (30) days of the issuance thereof; and
Urgency Ordinance No. 1577
Page 2
WHEREAS, in order to comply with the peremptory writ of mandate; and Judgment issued by the
Court within the mandated time period, and to preserve the public peace, health and safety by re-
designating the Project area to its former zoning designation,it is necessary to take immediate action '
repealing Ordinance No. 1564; and
WHEREAS, California Government Code Section 36937 empowers cities to adopt., by four-fifths
vote, an urgency ordinance which is necessary for the immediate preservation of the public peace,
health or safety.
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. 1564.
SECTION 2. EFFECTIVE DATE. This Urgency Ordinance shall Make effect immediately upon
its adoption.
SECTION 3. ADOPTION AND PUBLICATION. This Urgency Ordinance was adopted by the
necessary four-fifths vote of the members of the City Council pursuant to Government Code 36934
and 36937. 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 5th day of January 2000.
AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst
NOES: None
ABSENT: None
T; CITY OF PALMS SPRINGS, CALIFORNIA
Ord Clerk Mayor
REVIEWED BY:
I HEREBY CERTIFY THAT Ordinance 1577 was duly adopted by the City Council '
of the City of Palm Springs, California, in a meeting held on the 5t:h day
of January, 2000, and that same was published in the DESERT SUN, a news-
paper of general circulation on Janwm 11, 2000.
�'�rii_c� a A. Sanders
City Clerk