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Home My WebLink About1658 - ORDINANCES - 7/21/2004 ORDINANCE NO. 1658 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH PALM HILLS LAND CORPORATION FOR THE PALM HILL SPECIFIC PLAN LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTIONS 31 AND 32, T43, RSE, SBBM. WHEREAS, in July 1970, the City of Palm Springs annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills; and WHEREAS in 1974, the Palm Hills Study was commissioned with the directive that the main emphasis be the preservation of the environment while encouraging the development of resort and residential, and accessory, uses; and WHEREAS, the Palm Hills Area Plan was divided into four subareas (PH-1, PH-2A, PH-213, and PH-3) as part of the City's 1993 General Plan Update; and WHEREAS, PH-1 was targeted for resort hotel and attached and detached residential land uses with a maximum density of 1,200 units; and WHEREAS, the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a Specific Plan; and WHEREAS, Palm Hills Land Corporation has submitted an application for the Palm Hill Specific Plan; and WHEREAS, Palm Hills Land Corporation ("applicant"), has submitted a request for a Development Agreement for a mixed-use project involving single family residential, a hotel, vacation ownership units, 18-hole golf course, and passive and active open space ("Development Agreement"); and WHEREAS, Palm Hills Land Corporation ("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 Palm Hills Land Corporation as provided in Government Code Section 65865.4; and WHEREAS, the Development Agreement conforms with the General Plan and the proposed Palm Hills Specific Plan, Planned Development District 258, Tentative Parcel Map 29101, and Tentative Tract Map 29100 conform with all policies, goals, and objectives of the City of Palm Springs General Plan and the development standards contained within the City of Palm Springs Zoning Ordinance; and Ordinance 1,658 Page 2 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 April 28, 2004, a public hearing to consider the Development Agreement was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 26, 2004, a continued public hearing to consider the Development Agreement was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has considered information presented by the Department of Planning and Zoning, Public Works Department, Fire Department, Police Department, the applicant, and other interested parties in its review of the Development Agreement; 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 June 16, 2004, a public hearing to consider the Development Agreement was held by the City Council in accordance with applicable law; and ' WHEREAS, the City Council has considered information presented by the Department of Planning and Zoning, Public Works Department, Fire Department, Police Department, the applicant, and other interested parties in its review of the Development Agreement; and WHEREAS, pursuant to Government Code Sections 65867.5(c) and 66473.7, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 29100 and 29101, on the availability of water supply and determined that sufficient water supply is available to support the Palm Hills Development, based upon the findings in the Final Environmental Impact Report; and WHEREAS, the "Project" will have public benefits including but not limited to up to $2,475,773 in revenue, expand economic development opportunities, expand tourism, provide a golf course, preserve approximately 797.70 acres of open space on-site, dedicate off-site land within critical habitat of Peninsular Bighorn Sheep, create up to 450 new jobs, maintain public access to existing equestrian and hiking trails, and implement the City's General Plan objectives to create a world class destination resort; and 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 recommendation of the Planning Commission, the staff report, all written and oral testimony presented. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Palm Springs does hereby find as follows: ' Section 1: Pursuant to CEQA, the City Council finds that the Final Environmental Impact Report ("FEIR") has been certified for the Palm Hills Specific Plan (SCH Ordinance 1658 Page 3 #98061043), Case No. 5.0826, and is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The FEIR for Case No. 5.0826 adequately analyzes the general environmental setting of the proposed Project, including this development agreement, its significant environmental impacts, and the alternatives and Mitigation Measures related to each significant environmental effect for the proposed Project. The City Council has independently reviewed and considered the Specific Plan and determined that it is in conformance with the information contained in the FEIR. The City Council further finds that with the incorporation of proposed Mitigation Measures and the adoption of the Statement of Overriding Considerations and Statement of Facts and Findings, potentially significant environmental impacts resulting from this Project will be either be reduced to a level of insignificance or the Project benefits justify overriding the unavoidable significant adverse impact associated with Project. Section 2: The City Council hereby finds that the Palm Hills Development Agreement 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 Palm Hills Specific Plan and Planned Development District-258, Tentative Parcel Map 29101 and Tentative Tract Map 29100 by the City Council, and these land uses are either permitted or conditionally permitted in the General Plan Land Use Element and Zoning Ordinance Urban Reserve Zone ("U-R"). 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 land uses proposed on the 906 acre Palm Hills project site are consistent with other land uses in the vicinity and with the U-R zoning designation. The approved Planned Development District-258 , Tentative Parcel Map 29101, and Tentative Tract Map 29100 are 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 906 acre multi- use, multi-million dollar destination resort project composed of an 18 hole championship golf course, clubhouse and driving range, 129 single-family homes, 351-room resort hotel, and 382 vacation ownership units, as described in Planned Development District No. 258 ("PDD"). The PDD allows for the modification of Development Area III and whereby up to 35 single-family homes may be substituted in lieu of timeshare units. C. 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. d. The Development Agreement is not detrimental to the public health, safety, and welfare. Ordinance 1658 Page 4 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. e. The Development Agreement will not adversely affect the orderly development of property or,the preservation of property values. The Development Agreement reflects the approved conditions of approval of the Project which serve to insure the preservation of property values in the vicinity. BE IT FURTHER RESOLVED, that the City Council of the City of Palm Springs does hereby ordain as follows: Section 1: Approval of Palm Hills Development Agreement. The City Council hereby approves the Palm Hills Development Agreement, the text of which is set forth in the document entitled "Palm Hills Development Agreement", and authorizes execution thereof. The provisions of this section shall apply to all property described on Exhibit "A". Section 2: That the Palm Springs Zoning Code is hereby amended by adding Section 94.08.09 to read as follows: "Section 94.08.09 Palm Hills Development Agreement ' A. Palm Hills Development Agreement 1. Purpose. The purpose of this section is to approve a development agreement ("Palm Hills Development Agreement") to guide the orderly development and improvement of that portion of the City which is located south of East Palm Canyon Drive, west of Palm Hills Drive/Broadmoor Drive in the Santa Rosa Mountains in Sections 31 and 32, T4S, R5E, SBBM, 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. The Palm Hills Development Agreement replaces within said property the usual development standards otherwise applicable to the property. The Palm Hills Development Agreement provides for ultimate development of a destination resort project consisting of an 18-hole championship golf course, clubhouse, and driving range, 129 single family and luxury estate homes, 351 room hotel, and 382 vacation ownership units and is consistent with the general plan objectives, policies, and programs of the city. The Palm Hills Development Agreement includes a development alternative of Development Area III whereby up to 35 single family homes may be substituted in-lieu of timeshare units. 2. Property Development and Other Standards. All property subject to the Palm Hills Development Agreement shall be maintained in accordance with all policies, requirements, regulations, and provisions set forth in the Palm Hills Development Agreement. The developer's performance of its obligations under the Palm Hills Development Agreement shall be subject to annual review as provided therein." Section 3: That the Official Zoning Map of the City of Palm Springs is hereby amended by reclassifying from Urban Reserve Zone to being subject to the Palm Hills ' Development Agreement all of that real property described in Exhibit "A". Ordinance 1658 Page 5 Section 4: EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30)days after passage. Section 5: 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 21st day of July, 2004. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: Member Foat ABSENT: None ABSTENTIONS: None ATTEST: L /CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Pro Tern Reviewed and Approved as to Form: I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1658 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 21st day of July, 2004, and that same was published in the DESERT SUN, a newspaper of general circulation n J-rj+ 27, 200 n PATRICIA A. SANDERS City Clerk Ordinance 1658 Page 6 EXMIT "A" LEGAL DESCRIPTION PARCEL"A" SECTION 31, TOWNSHIP 4 SOUTH,RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL"B" THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO UNITED STATES GOVERNMENT SURVEY; EXCEPTING THEREFROM THAT PORTION WITHIN TRACT MAP NO. 17043 RECORDED JUNE 18, 1984 IN BOOK 141 OF MAPS,PAGES 52 THROUGH 57, INCLUSIVE,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL"C" THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 4 SOUTH,RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO UNITED STATES GOVERNMENT SURVEY; EXCEPTING THEREFROM THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 32; ALSO EXCEPTING THEREFROM THAT PORTION WITHIN TRACT MAP NO. 17043 RECORDED JUNE 18, 1984 IN BOOK 141 OF MAPS, PAGES 52 THROUGH 57, INCLUSIVE,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL"D" THE WEST HALF OF THE WEST HALF OF SECTION 32, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THAT PORTION WITHIN TRACT MAP NO. 17043 RECORDED JUNE 18, 1984 IN BOOK 141 OF MAPS, PAGES 52 THROUGH 57, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL"E" LOTS 1 THROUGH 95, INCLUSIVE, AND LOTS "A" THROUGH"M", INCLUSIVE, OF , TRACT MAP NO. 17043, AS SHOWN BY MAP ON FILE IN BOOK 141 OF MAPS, PAGES 52 THROUGH 57, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 0:\40795\4079500\drawings\survey\Legals\Exhibit A.dw Paget of 2 t EXHIBIT $$ A" SHEET 2 OF 2 NE COR SEC 31tj N 1/4 COR SEC 32 NW COR SEC 31 PARCEL "B" l � PARCEL "A" 1 0 C 1/4 COR SEC 32 LL CW 1/16 COR SEC 32 0 d PARCEL "D' 0 m m SW COR SEC 31 SE COR SEC 31 W 1/16 COR SEC 32 2 The Keith Companies o- 7J-slim~ 7sriow MSC ark JW SCALE: 1" 1000' jwn AMOK ci S&M OWJ aeon-+wI 1 0 _ r