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HomeMy WebLinkAbout1643 - ORDINANCES - 2/4/2004 ORDINANCE NO. 1643 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH FAIRFIELD RESORTS INC. TO FACILITATE THE COLLECTION BY THE CITY OF PALM SPRINGS OF A FINANCIAL IMPACT MITIGATION FEE FOR THE STAR CANYON RESORT ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE BETWEEN SUNNY DUNES ROAD AND MESQUITE AVENUE, ZONE PD-260, SECTIONS 22 AND 23. WHEREAS, on April 26, 2000, the Planning Commission voted to recommend that the City Council approve Case No 5.0830-PD-260 for a Planned Development District (PD-260) and Tentative Tract Map (TTM 29691); and WHEREAS, on May 17, 2000, the City Council voted to approve Case No 5.0830-PD-260 for a Planned Development District (PD-260) and Tentative Tract Map (TTM 29691); and WHEREAS, on April 24, 2002, a public meeting on the request for a time extension from May 17, 2002 to May 17, 2003 for PD-260 and TTM 29691 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on April 24, 2002, the Planning Commission voted to recommend approval to the City Council of the one year time extension subject to the original conditions of approval; and ' WHEREAS, on April 24, 2002, the City Council voted to approve a one year time extension from May 17, 2002 to May 17, 2003 subject to the original conditions of approval; and WHEREAS, on July 10, 2002 a public hearing on the amendment to Case No. 5.0830-PD-260 and TTM 29691, to change the land use from hotel and timeshare to all timeshare with 198 hotel rooms becoming 79 time share units and other miscellaneous amendments including the elimination of the ballroom and large kitchen, relocation of the recreation facilities, meeting rooms and spa to former ballroom location, the addition of nine timeshare units in the former spa location, and the conversion of 198 hotel rooms into 70 timeshare units for property located at South Palm Canyon Drive between Sunny Dunes Road to the north, Mesquite Avenue to the south, Random Road to the east, and South Belardo Road to the west, W-C-1 and W-R-3 Zones, Sections 22 and 23, was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the project including, but not limited to, the staff report and all written and oral testimony presented and, on July 10, 2002, voted to recommend that the City Council approve said amendment; and WHEREAS, on July 17, 2002 a public hearing on the amendment to Case No. 5.0830-PD-260 and TTM 29691, to change the land use from hotel and timeshare to all timeshare with 198 hotel rooms becoming 79 time share units and other miscellaneous amendments including the elimination of the ballroom and large kitchen, relocation of the recreation facilities, meeting rooms ' and spa to former ballroom location, the addition of nine timeshare units in the former spa location, and the conversion of 198 hotel rooms into 70 timeshare units for property located at South Palm Canyon Drive between Sunny Dunes Road to the north, Mesquite Avenue to Ordinance:1643 Page 2 south, Random Road to the east, and South Belardo Road to the west, W-C-1 and W-R-3 Zones, Sections 22 and 23, was held by the City Council in accordance with applicable law; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the project including, but not limited to, the staff report and all written and oral testimony presented and, on July 17, 2002, voted to approve said amendment; and WHEREAS, the Community Redevelopment Agency and City Council approved an amendment to the Disposition and Development Agreement (DDA) between the Agency and SCHLPS, LLC to reflect changes in the project and several of the deal points; and WHEREAS, Fairfield Resorts Inc. (the "applicant"), 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 94.08.00 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 Fairfield Resorts Inc. 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 Fairfield Resorts, Inc.; and WHEREAS, the Development Agreement conforms with the General Plan and the proposed Star Canyon Resort conforms with all policies, goals, and objectives of the City of Palm Springs General Plan and the development standards within the City of Palm Springs Zoning Ordinance; and WHEREAS, the City of Palm Spring 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 94.08.00 and Government Code Section 65865.1; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the Development Agreement was given in accordance with applicable law; and WHEREAS, on December 10, 2003 a public hearing to consider the Development Agreement was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the Development Agreement was given in accordance with applicable law; and WHEREAS, on January 21, 2004 a public hearing to consider the Development Agreement was held by the City Council in accordance with applicable law; and ' WHEREAS, a Mitigated Negative Declaration of environmental impact was previously approved by City Council on May 17, 2000, in conjunction with the approval of the Star Canyon Resort; and Ordinance 1643 Page 3 WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented ' in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs does hereby find as follows: Section 1: Pursuant to CEQA, a Mitigated Negative Declaration of environmental impact was previously approved by City Council on May 17, 2000, in conjunction with the approval of the Star Canyon Resort. No further environmental review is necessary for the Development Agreement, which relates only to financial terms and creates no possibility that it will have a significant effect on the environment. Section 2: The City Council hereby finds that the Star Canyon Resort complies with the provisions of Zoning Ordinance Section 94.08.00 as follows: a. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the general plan and 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 the amendment to Planned Development District 260 (PD-260), approved on July 17, 2002 by the City Council, and these land uses are consistent with the General Plan land use designations of Resort Commercial (RC) and High Density Residential (H 43/21). There is no applicable specific plan affecting the proposed development. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The "timeshare" land use is consistent with other land uses in the vicinity and were approved in the amendment to PD-260, approved by City Council on July 17, 2002. The Development Agreement addresses the approved PD-260, which consists of 255 timeshare units and related site improvements. The Development Agreement memorializes a financial impact mitigation fee meant to off-set the loss of transient occupancy tax due to conversion of the project to a timeshare development. C. The Development Agreement is in conformity with public convenience, general welfare and good land use practice: d. The Development Agreement is not detrimental to the public health, safety, and welfare. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. 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 94.08.08 to read as follows: IS043 Ordinance 1643 Page 4 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 94.08.08 to read as follows: 94.08.08 Star Canyon Development Agreement A. Star Canyon Development 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 on the west side of South Palm Canyon Drive between the Tahquitz Creek Channel and Mesquite Avenue in Sections 22 and 23 of Township 4, Range 4, Palm Springs as legally described on Exhibit"A" of the development agreement, attached to the ordinance codified in this section and incorporated herein by reference. Portions of said property are designated as part of the RC and H43/21 land use designations in the general plan, as applicable. Hereafter, the property shall also be designated "Development Agreement No. 4" or "DA4" which shall be an overlay designation incorporating the restrictions of the "Star Canyon Development Agreement". The preparation and adoption of a development agreement is authorized by California Government Code Sections 65864 through 65869.5. The Star Canyon Development Agreement facilitates the collection of a Financial Impact Mitigation Fee, as described in Exhibit "B" of the development agreement, from the project in order to offset a portion of transient occupancy tax lost due to the conversion of the project to a time share ' development. The Star Canyon Development Agreement provides for ultimate development of a 255-unit timeshare project consistent with the general plan 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 Star Canyon Development Agreement. There is adopted the Star Canyon Development Agreement, the text of which is set forth in the document entitled "Development Agreement - the City of Palm Springs and Fairfield Resorts Inc." 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" attached to the development agreement and incorporated herein by reference. 3. Property Development and Other Standards. All property which is subject to the Star Canyon Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Star Canyon Development Agreement. The developer's performance of its obligations under the Star Canyon 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 PD-260 to being subject to the Star Canyon Development Agreement all of that real property described in 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. Ordinance 1643 Page 5 ADOPTED THIS 4th day of February, 2004. , AYES: Members McCullock, Pougnet and Mayor Oden NOES: Members Foat and Mills ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form: I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1643 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 4th day of February, 2004, and that same was published in the Public Record, a newspaper of general circulation ' on February 10, 2004. PATRICIA A. SANDERS City Clerk Ordinance 1643 Page 6 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE That certain real property located in the City of Palm Springs, County of Riverside, State of California, described as follows; Portions of the NE '/ of See. 22 and the NW '/< of See. 23, all in T. 4S., R. 4E., S.B.M. 1 1 1003/0360605 0