HomeMy WebLinkAbout1580 - ORDINANCES - 12/17/2000 ORDINANCE NO. _1580
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP FROM
W-R-1-A (WATERCOURSE WITH SINGLE FAMILY
' RESIDENTIAL - 20,000 SQ. FT. LOT SIZE) TO 0-20
(OPEN SPACE - 20 ACRES MINIMUM LOT SIZE)
LOCATED IN SECTION 10.
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WHEREAS,the Mountain Falls Golf Preserve Company(the"Applicant")filed an application with
the City to amend the zoning designation on 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 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 for Writ of
Mandate, and the parties to the lawsuit briefed the merits of this petition, 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
findings in Resolution No. 19431 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 peremptory writ of
mandate remanding the proceedings to the City and commanding the City to set aside the Project
approvals for the Mountain Falls Golf Preserve,including Ordinance No. 1564 related to the zoning
amendment,and to suspend any and all Project activity until the City has complied with CEQA;and
WHEREAS, the Judgment issued by the Court requires the City to file a return to the writ of
mandate within thirty (30) days of the issuance thereof; and
WHEREAS,to comply with the peremptory writ of mandate and the Court's Judgment,and preserve
the public peace,health and safety,the City Council of the City of Palm Springs,on January 5.
2000 repealed Ordinance No. 1564 by Urgency Ordinance No. 1577 ; and
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WHEREAS,the City of Palm Springs has complied with all requirements under CEQA, as well as
all requirements issued by the Court for the Project.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,DOES ORDAIN AS
FOLLOWS:
SECTION I. Pursuant to Section 94.07.00O13.6 of the Palm Springs Zoning Ordinance,the Official '
Zoning Map of the City of Palm Springs, referred to herein, is hereby amended as follows:
Change of Zone from W-R-1-A to 0-20.
The parcels of property legally shown on the exhibit labeled Section 1 are approved for a change of
zone from W-R-1-A to 0-20, specifically APN's 505-010-005 and portions of 505-002-008.
SECTION 2. This Zoning Map Amendment is consistent with the General Plane in that the land uses
authorized by the amendment are compatible with the objectives, policies and general land uses
specified therein. Moreover, this Zoning Map Amendment is reasonably related to the public ,
welfare of the citizens of the City of Palm Springs, as well as the affected region, because it
represents a reasonable accommodation of competing interests for the area affected.
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 summary thereof or a display advertisement,
duly prepared according to law, to be published in accordance with law.
ADOPTED this 2nd day of February , 2000. '
AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst
NOES: Members Jones and Hodges
ABSENT: None
ATTEST: ( CITY OF PALM SPRINGS, CALIFORNIA
C'`rty Clerk Y' Mayor
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REVIEWED BY: ��171•'1`�' :7
I HEREBY CERTIFY THAT the oregoing Ordinance 1580 wa duly adopted
by the City Council of th City of Palm Springs, California, in a
meeting held on the 2nd ay of February, 2000; and that same was duly
published in the DESERT SUN, a newspaper of general circulation on '
February 9, 2000.
PATRICIA A. SANDERS
City Clerk
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