HomeMy WebLinkAbout1664 - ORDINANCES - 3/2/2005 ORDINANCE NO. 1664
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING
INTERIM DEVELOPMENT REGULATIONS, FOR 10 MONTHS
AND 15 DAYS, FOR THE CHINO CONE AND ADJACENT
AREAS PENDING THE COMPLETION OF STUDIES AND THE
PREPARATION OF AN UPDATE OF THE CITY'S
DEVELOPMENT REGULATIONS FOR THESE AREAS.
WHEREAS, the "Urban Reserve Area" within the Chino Cone and adjacent area has
long been recognized as one of the most unique areas of the City Palm Springs ("City") and of
the State of California; and
WHEREAS, the Urban Reserve Area in the Chino Cone and adjacent area rises from
the desert floor approximately 2,000 feet, to where the Valley Station of the Palm Springs Aerial
Tram ascends an additional 6,500 feet to the forests of Mt. San Jacinto such that the broad
reach of the Chino Cone alluvial fan is visible for miles from many different directions; and
WHEREAS, the unique features of the Chino Cone area have always been recognized
in the City's General Plan process; and
WHEREAS, in 1959 the area was studied in a General Plan Report, and a plan for the
' area was produced in 1966, proposing a spectrum of residential densities ranging from one (1)
unit per five (5) acres to 43.5 units per acre, including resort hotel and commercial areas; and
WHEREAS, pursuant to the 1966 plan, the urban reserve concept was recommended
for the Chino Cone area as a "holding" zone designation until specific development plans could
be proposed; and
WHEREAS, the 1966 plan also prohibited development on slopes greater than 30%; and
WHEREAS, the 1966 standards for development within the Chino Cone area were
amended in the 1993 General Plan; and
WHEREAS, over the years, although many developers have considered development of
the Chino Cone and adjacent areas, the difficulty of the rocky terrain, environmental constraints,
the land ownership patterns, and general real estate market conditions have kept any developer
from actually obtaining permits for development; and
WHEREAS, in 1993 the General Plan for the Chino Cone area was amended by
reducing intensity of development in recognition of the area's natural assets, topography, and
desire to maintain the scenic quality of the area; and
WHEREAS, in 1993, the areas in the upper Chino Cone were changed from Resort and
residential development to Conservation, one (1) dwelling unit per 20 acres, and for very low
density residential development one (1) unit per acre; and
WHEREAS, areas in the middle and lower Chino Cone area had allowable density
reduced to very low density residential development, two (2) units per acre and to low density
development six (6) units per acre; and
Ordinance No. 1664
Page 2
WHEREAS, the density around the Palm Springs Visitors' Center was reduced to low
density residential development six (6) units per acre and Neighborhood Shopping Center; and
WHEREAS, to date, the Shadowrock Project, for which a Development Agreement was
approved by City Council Resolution 1462 in 1993, as memorialized in Palm Springs Municipal
Code ("PSMC") Section 94.08.05, is the only development project to be approved within the
Chino Cone and adjacent areas; and
WHEREAS, pursuant to the Development Agreement, the Shadowrock Project was
designed to create a destination resort hotel to include a 60-unit hotel, 135 single-family luxury
estates, 210 luxury condominiums, and a golf course all within the upper portion of the Chino
Cone below the area which is referred to as the "oasis;" and
WHEREAS, as the result of environmental litigation followed by the evaporation of the
real estate market for hotel resorts the Shadowrock Project has been delayed for some ten (10)
years; and
WHEREAS, after a slow real estate market within the: City during the 1990's, developers
who had experienced success "in other portions of the Coachella Valley" began to reconsider
the City, and several significant projects were proposed for development on the fringes of the
then-developed areas of the City; and .
WHEREAS, for example, Century Homes constructed Mountain Gate I, a standard mid-
market subdivision with a density of four (4) units per acre, along Highway 111 at the entry to
Palm Springs; and '
WHEREAS, the success of Mountain Gate I has now led to the proposal to develop
Mountain Gate II, for a two project total of 514 units and further phases are now being planned;
and
WHEREAS, the desert entry to the City of Palm Springs, its topography, vegetation, and
scenic vistas, has been a part of the regional, national, and international renown and
appreciation of the unique natural beauty and charm of the City, and currently projects are being
developed along the entry to the City which wall off the traveler from these vistas; and
WHEREAS, on the Chino Cone and adjacent areas itself, several lower density luxury
residential projects have been proposed, but generated controversy due to significant
neighborhood concern over environmental issues including, but not limited to, the volume of
grading and lack of sensitivity to the natural terrain; and
WHEREAS, as described in PSMC Section 92.22.00, most of the Chino Cone is now
zoned Urban Reserve and the City's Urban Reserve designation permits land uses consistent
with the General Plan; and
WHEREAS, for the Chino Cone area, land uses permitted under the General Plan
include hotel, single-family residential, multi-family residential, neighborhood commercial, resort
commercial, and recreational land uses; moreover, all development in this area must be master
planned with a Planned Development District ("PD") or Specific Plan and requires the ,
preparation of an environmental impact report ("EIR"); and
Ordinance No. 1664
Page 3
WHEREAS, the development standards in the Urban Reserve Zone, which are set forth
in PSMC Section 94.03.00, require that development proposals be made in 40 acre increments
with minimum lot sizes of 10,000 square feet; however, through the PD mechanism,
development can be approved to lesser standards; and
WHEREAS, the City Council desires to respond to the concerns of its citizens regarding
development within the Chino Cone and adjacent areas; and
WHEREAS, in light of the rapid development of the northerly portion of the City, which
includes the development of 192 acres into 705 dwelling units within the past two (2) years, in
addition to which there are a number of pending projects on an additional 437 acres, totaling
1,690 dwelling units, the City Council believes that the development wave will continue on up
into the Chino Cone and adjacent areas including the entry to the City; and
WHEREAS, in anticipation of this expected development progression, before developers
begin investing money to plan projects to be constructed within the Chino Cone and adjacent
areas, the City Council desires to revise the planning process for development within these
areas;-and
WHEREAS, the City Council finds and determines that the City's current standards for
development within the Urban Reserve classification, as applied to the Chino Cone and
adjacent areas, may be too broad and create a current and immediate threat to the public
health, safety or welfare because the current standards do not sufficiently address density and
' similar issues which acknowledge a sensitivity to the natural terrain and the distinctiveness of
the area; and
WHEREAS, the City Council desires that staff undertake a comprehensive study and
analysis of the development standards applied to development within the "entry to the City,"
which includes all areas to the west of Highway 111 from Snow Creek to the Chino Cone,
excluding land within the County of Riverside, as indicated on the map attached hereto and
incorporated herein as Exhibit "A," to ensure that such development is undertaken in a manner
that is sensitive to the unique qualities of the property ; and
WHEREAS, the City Council believes that, for development purposes, the entry to the
City areas should be considered as nine (9) separate sub-areas (sub-areas may be referred to
as "Planning Areas"): Area #1 - Palm Springs Aerial Tram; Area #2 — Shadowrock; Area #3 -
Agua Caliente Reservation; Area #4 - Tramway South; Area #5 - Visitor Center (including a
commercial development sub-area); Area #6 - Chino Cone Gateway; Area #7 - Chino Creek;
Area #8 - Highway 111 Corridor; and Area #9 - Snow Creek; and
WHEREAS, while permanent development standards for the nine (9) Planning Areas are
being studied, the City Council desires to impose, as an interim regulation pertaining to each
Planning Area, the obligation that, prior to development within any of the nine (9) Planning
Areas, a specific plan be approved for the entire Planning Area which would allow development
to continue, albeit in a manner more consistent with the concepts being studied for inclusion in
the permanent regulations; and
WHEREAS, a specific plan must be adopted by ordinance after public hearings before
the Planning Commission and City Council; and
Ordinance No. 1664
Page 4
WHEREAS, with respect to the specific plans, the City Council desires to: (1) retain the '
current requirement that land developed within an Urban Reserve area undertake a complete
environmental review, and (2) add the new requirement of a community planning component
which requires a developer to give early notice of its proposed project to neighborhood groups
and to meet and discuss the proposed project with the neighborhood groups; and
WHEREAS, during the interim period, the City Council desires to adopt new density of
development standards for each of the Planning Areas which are consistent with the "Chino
Canyon Specific Plan Area Interim Zoning Regulations Creating Specific Plan Areas for Chino
Canyon, Snow Creek, and South Side of Highway 111 Corridor Between Gateway Drive and
City Limits" which is attached hereto and incorporated herein as Exhibit "B" and which is
summarized as follows: (a) Planning Area #1: one (1) unit per 40 acres; (b) Planning Area #2:
Shadowrock Development Agreement; (c) Planning Area ##3: two (2) units per acre: 20,000
square foot minimum lots; (d) Planning Area #4: two (2)units per acre: 20,000 square foot
minimum lots; (e) Planning Area #5: resort commercial and residential; (f) Planning Area #6: two
(2) units per acre: 20,000 square foot minimum lots; (g) Planning Area #7: watercourse and
recreation; (h) Planning Area #8: two (2) units per 2.5 acres; and (i) Planning Area #9: one—two
(1-2) units per acre; and
WHEREAS, in an effort to develop comprehensive: and appropriate revisions to the
City's development regulations for the areas indicated on Exhibit "A," the City Council desires
that staff: (1) proceed with a comprehensive study of the City's current standards for
development within the nine (9) Planning Areas; (2) prepare new planning standards for each of
the Planning Areas to include the following components including, but not limited to: (a) master ,
planning of road alignment, (b) traffic analysis, (c) a bikeway and trail plan, (d) water
conservation and availability analysis, (e) an infrastructure plan, (f) minimum development
standards which comply with the density standards of each of the sub-areas, (g) a fiscal impact
analysis, (h) an open space plan, and (i) environmental review; and (3) prepare new density of
development standards for each of the nine (9) Planning Areas during the interim period; and
WHEREAS, the City Council finds and declares that all projects with approvals of
entitlements, including development agreements, as of the effective date of this Interim Urgency
Ordinance are permitted to proceed under such entitlements, but all projects without
entitlements or permits shall be subject to the standards hereof; and
WHEREAS, on October 20, 2004, the City Council adopted an interim urgency
ordinance establishing interim development regulations, for 45 days, for the Chino Cone and
adjacent areas pending the completion of studies and the preparation of any updated of the
City's development regulations for these areas; and
WHEREAS, in the past 45 days, staff has continued to meet with property owners to
discuss future land uses, development opportunities, and public involvement and met with the
General Plan Update consultant and Planning Commission subcommittee regarding future
development standards and planning process for the Chino Cone and adjacent areas;
WHEREAS, Century Crowell Communities, LP for Ziva Hillinger has submitted an
application for the Tuscany Falls Specific Plan, which proposes a density that exceeds the
allowable density under this urgency ordinance; and '
Ordinance No. 1664
Page 5
' WHEREAS, Government Code Sections 65858, 36934, and 36937 expressly authorize
the City Council to adopt an urgency ordinance and to impose interim regulations which are
applicable to the nine (9) Planning Areas, until updated regulations are.adopted, to reassure the
public that there will be an updated detailed planning process applicable to these areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Above-Recitals. The above recitals are true and correct.
SECTION 2. Effectiveness of Ordinance. This Interim Urgency Ordinance shall be
effective for ten (10) months and fifteen (15) days from and after the date of its adoption,
pursuant to the authority conferred upon the City Council by Government Code Section
65858(a).
SECTION 3. Urgencv Declaration. The City Council finds and determines that the City's
current standards for development within the Urban Reserve classification, as applied to the
nine (9) Planning Areas at issue herein, may be too broad and create a current and immediate
threat to the public health, safety or welfare because the current standards do not sufficiently
address density and similar issues which acknowledge a sensitivity to the natural terrain and the
distinctiveness of the area.
Thus, the City Council directs staff to undertake a comprehensive study and analysis of the
' development standards to be applied to all development within the nine (9) Planning Areas. The
comprehensive study shall include, but not be limited to, the following components: (1) master
planning of road alignment, (2) traffic analysis, (3) a bikeway and trail plan, (4) water
conservation and availability analysis; (5) an infrastructure plan; (6) minimum development
standards which comply with the density standards of each of the sub-areas, (7) a fiscal impact
analysis, (8) an open space plan, (9) environmental review, and (10) the preparation of new
density of development standards for each of the Planning Areas. The study shall be completed
within a reasonable time.
SECTION 4. Urgencv Findinqs. In extending this Interim Urgency Ordinance, the City
Council finds and determines that the extension of this Interim Urgency Ordinance is necessary
to protect the public safety, health, and welfare, as those terms are defined in Government
Code Section 65858(a), for the reasons set forth below in this Section 4.
(a) The City is experiencing rapid growth in the northern part of the City that has
created a need to carefully evaluate all new development for effects on public safety,
infrastructure, and other public services.
(b) The City Council has determined that community concerns about growth and
development have caused a need to evaluate the land use pattern, density, and overall
property development standards that will have a direct effect upon public safety, health,
and welfare.
(c) By evaluating land use patterns, density, and overall property development
standards, the City can evaluate open space and recreation needs and ensure that
future development creates a strong positive relationship between conservation, open
space, recreation, and economic development opportunities.
Ordinance No. 1664
Page 6
(d) Given that the undeveloped portions of the northern part of the City are rapidly '
developing, developers will soon propose projects to be constructed within the Chino
Cone and adjacent areas. In anticipation of this expected development progression,
before developers begin investing money to plan such projects, the City Council believes
that it is necessary to revise the planning process for development within these areas.
(e) The Specific Plan process outlined in this Interim Urgency Ordinance will allow
the community the opportunity to participate in the public planning process to ensure that
community concerns are considered as plans are being prepared.
(f) Were the City Council or Planning Commission to grant any entitlement, zoning
variances, or other discretionary land use permits relating to development within the nine
(9) Planning Areas pursuant to the City's currently-applicable development regulations,
during the pendency of the studies necessary to revise the development standards
applicable to the nine (9) Planning Areas, such approvals could:
(1) Fail to adequately address the land use patterns density, public services,
and infrastructure of development within the nine (9) Planning Areas;
(2) Fail to sensitively address planning issues specific to the natural terrain
and natural resources of this unique area;
(3) Undermine the orderly development of property within the nine (9)
Planning Areas, resulting in a reduction of the quality, caliber and aesthetics of
the development within the nine (9) Planning Areas; and ,
(4) Undermine the orderly development of property within the nine (9)
Planning Areas, resulting in the inability of the City to assure that the nine (9)
Planning Areas are developed to their highest and best use as allowed by law.
Thus, the approval of entitlements for development within the nine (9) Planning Areas pursuant
to the City's existing zoning ordinance would result in that threat to public health, safety, and
welfare, as identified above in this Section 4. Due to the foregoing circumstances, it is
necessary for the preservation of the public health, safety, and welfare that this ordinance take
effect immediately.
SECTION 5. Measures Taken To Alleviate Condition Which Led to Adoption Of
Ordinance. Pursuant to Government Code Section 65858(d), in the past 45 days, staff has
continued to meet with property owners to discuss future land uses, development opportunities,
and public involvement programs. Recently, the Tuscany Falls Specific Plan was submitted by
Century Crowell Communities, LP for Ziva Hillinger. The Specific Plan proposes densities that
exceed those allowed under this urgency ordinance. In a preliminary review of the application,
staff has concerns regarding the density and design of the project and its impacts on public
services. The Specific Plan, as proposed, poses a threat to public health, safety, and welfare,
as identified in Section 4. Staff will continue to work with the applicant to ensure that the project
complies with the interim regulations as defined in this urgency ordinance. Staff has also met
with the General Plan Update consultant and the Planning Commission subcommittee regarding
future development standards and the planning process for the Chino Cone and adjacent areas. '
Ordinance No. 1664
Page 7
' SECTION 6. Interim Requlations. From and after the date of this Interim Urgency
Ordinance, until the adoption of revised regulations, neither the Planning Commission nor the
City Council shall approve a discretionary land use development entitlement or discretionary
land use permit relating to development within the nine (9) Planning Areas defined on Exhibit
"A" without: (1) the approval of a specific plan, (2) consistency with the density of development
and other standards set forth on Exhibit "B," (3) a complete environmental review, (4)
compliance with community planning requirements, and (5) submission of adequate traffic,
circulation, infrastructure, and other planning improvements identified in Section 3.
SECTION 7. CEQA Findinq. The City Council hereby finds that there is no possibility
that the extension of this Interim Urgency Ordinance will have a significant effect on the
environment. This finding is supported by the following facts: (1) this ordinance authorizes the
undertaking of feasibility and planning studies; and (2) any development which may occur
pursuant to the interim standards will not be approved until a complete environmental evaluation
of the proposed project has occurred. This Ordinance is therefore exempt from California
Environmental Quality Act review pursuant to 14 California Code of Regulations Section 15262.
SECTION 8. Grandfatherinq. This Interim Urgency Ordinance shall not apply to any
project which has been previously approved by the City or its constituent boards, commissions
or officials so long as such approvals remain valid, nor shall it apply to any application for
discretionary land use development entitlements, zoning variances, or where the Director of
Planning Services has, prior to the effective date of this Interim Urgency Ordinance, scheduled
a complete application for consideration by the applicable legislative body of the City for public
hearing and possible action.
SECTION 9, Vote Required for Adoption of Ordinance. This Interim Urgency Ordinance
is enacted pursuant to the authority conferred upon the City Council of the City of Palm Springs
by Government Code Section 65858, 36934 and 36937, and shall be in full force and effect
immediately upon its adoption by a four-fifths (4/5) vote of the City Council.
ADOPTED this 1st day of December 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
P �✓
Act ingCity Clerk Ma"
Reviewed and Approved as to Form:
I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1664 was duly
adopted by the City Council of the City of Palm Springs, California,
' in a meeting held on the 1st day of December, 2004, and that same
was published in the DESERT SUN, a newspaper of general circulation
on December 18, 2004, in a summary form.,.,.
KATHIE HART
Acting City Clerk
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Ordinance 1664
Page 9 EXHIBIT "B"
' CHINO CANYON SPECIFIC PLAN AREA INTERIM ZONING REGULATIONS
CREATING SPECIFIC PLAN AREAS FOR
CHINO CANYON, SNOW CREEK, AND SOUTH SIDE OF HIGHWAY 111 CORRIDOR
BETWEEN GATEWAY DRIVE AND CITY LIMITS
SPECIFIC PLAN AREAS
The City Council has determined that the Chino Cone, Highway 111 Corridor, and Snow Creek
areas need a detailed and comprehensive land use planning program which balances City
economic development, land use, open space, recreation, scenic, and neighborhood
considerations. The City's General Plan recognizes the value of the Chino Cone area by stating
"Chino Gone offers unparalleled dimensions in recreational and resort living potential." The
General Plan also states that land uses and policy should "stimulate development of the highest
quality." The General Plan provides property owners the option of proposing either a Specific
Plan or Planned Development District as the mechanism to proposed development in the Chino
Cone area. The purposes of this Interim Zoning Regulation is to ensure that General Plan
objectives and policies are met by requiring a Specific: Plan for all proposed development within
the areas covered by this Ordinance.
The area covered by this Ordinance has been divided into nine (9) Specific Plan Areas. Nothing
in this Ordinance is intended to prohibit the combining of Specific Plan Areas for purposes of
developing a Specific Plan. Additionally, Specific Plan boundaries may be adjusted as part of
the Specific Plan approval process.
' The required Specific Plans shall provide a comprehensive land use plan which must comply
with the goals and policies of the General Plan and this Ordinance. Each Specific Plan shall
include a detailed land use evaluation to assign land use and density to ensure that land uses
are fairly allocated to all properties with potential development opportunities. An Environmental
Impact Report is required for each Specific Plan. Each EIR shall include a full discussion of land
use alternatives and shall address planning considerations and relationships with surrounding
properties.
This Ordinance is organized to provide General Requirements which are applicable to all
Planning Areas and then specific requirements for each of the nine (9) Planning Areas.
GENERAL REQUIREMENTS
COMMUNITY PLANNING REQUIREMENT
Prior to the preparation of any required Specific Plan, the project proponent, developer, and/or
developers shall fund a comprehensive community planning program that shall be conducted in
conjunction with by the City. The results of this program will be to develop a Strategic
Management Plan for the preparation, public review, and processing of each required Specific
Plan. Public involvement will be required throughout the Specific Plan and development
entitlement process. It is encouraged that a consulting firm with specialty expertise in community
planning and involvement programs be hired to ensure that 'lie Intent of this section is complied
with.
CIRCULATION ! ROADWAYS/TRAILS PLANNING REQUIREMENT
1. A roadway alignment { study) for all major, secondary, collector, and local roadways as
shown in the General Plan shall be prepared as part of each Specific Plan.
Urcunance 1bb4
Page; 10 EXHIBIT °B'
2. The study shall include a traffic analysis for the entire Chino Cone or specific planning '
area (Planning Areas 98 and# 9) and shall include a comprehensive roadway, bikeway,
and trails plan. Design standards for each roadway shall be developed including special
roadway sections, median islands, landscaped parkways, decorative, and safety lighting
Roadway location, alignment, and design shall be designed to take advantage of view
corridors, active and passive recreation, and buffer views of proposed deveiopmern.
Perimeter walls shall be discouraged in favor of expansive parkways and fencing which
has limited exposure and views to public and private roadways.
3. Each Planning Area shall provide circulation and roadway improvements that provide
adequate circulation and access to adjacent properties.
4. A bikeway, sidewalk, equestrian trail, and hiking trail plan shall be developed to provide
recreational amenities and trail linkages. A hiking, equestrian, and bike trail system
which provides linkage between Planning Areas shall be provided. Area wide regional
trails shall be provided which provide access to existing trails and provide trail linkages
within the Planning Area.
LARGE-SCALE RESORTS: Large-scale resorts (LSRs) are intended to provide for expansion
of the City's Tourism base and increase transient occupancy tax. LSRs may include a variety of
visitor-serving land uses including resort hotels, hotels, guest ranches and lodges, other resort
residential uses, and accessory commercial uses for use by visitors and guest. There are
currently three (3) large-scale resorts within the Chino Cone Specific Plan Areas. The LSR '
located in Planning .Area #6 is deleted for purposes of this Urgency Ordinance. A large-scale
resort may be permitted in the areas shown on the General Plan provided the following minimum
property development standards are complied with:
1. Large-scale resorts shall not be located within 1,000 feet of any existing single-family
residential development located south of Highway 111 as of the effective date of this
Ordinance.
2. A minimum of 75% of the—project site shalt/ be devoted to open space and
recreational land uses.
3. A large-scale resort shall include a minimum of forty (40) acres.
4. Building height shall be limited to thirty (30) feet in height. Additional building heights
may be permitted per the General Plan within a Specific Plan area provided it can be
demonstrated that adequate setbacks and view corridors are provided.
5. All other LSR requirements as specified in the General Plan shall apply.
WATER CONSERVATION: For all developments located within the boundaries of this
Ordinance, the Specific Plan shall include a comprehensive water availability analysis and water
conservation
program. Water availability analysis shall comply with the provisions of SB 221 and SB 610 with
the exception that such analysis shall be required for all Specific Plan areas except Planning
Areas Nos. 2 (Shadowrock) and 5 (Visitors Center). The future use of treated wastewater
effluent for golf course areas shall be evaluated and considered. Each Specific Plan shall
include an outdoor water conservation element which emphasizes comprehensive outdoor
conservation programs for all landscape, restored desert areas, and water features. Turf and
Ordinance 1664
Page 11 EXHIBIT
ornamental plants shall be minimized wherever feasible. Ilse of turf shall be limited to active
' recreation areas such as golf courses, tennis, event areas and other active recreation areas.
RECREATION AND OPEN SPACE: Each Specific Plan shall include a recreation and open
space element. Desired recreation and open space amenities include passive and active
recreation. Each Specific Plan area shall have linkages and continuity of recreation and open
space amenities. Recreation areas and open space shall have a public access component.
Natural desert areas with or without an active recreation component are encouraged. On-site
private recreation amenities shall meet or exceed General Plan criteria. Public recreation areas
and specialty parks and other amenities shall be provided in accordance with the General Plan.
Each Specific Plan area shall be required to consider and provide for mitigation of the loss of
habitat for state and federally listed endangered species. Mitigation may include habitat
restoration, on-site open space, off-site open space acquisition or financial contribution to
enhance habitat or acquire off-site mitigation. The Environmental Impact Report shall address
biological impacts and shall consider local, state, and federal conservation programs.
Conservation Areas: All areas currently designated Conservation on the General Plan shall
maintain this designation and comply with all current General Plan and Zoning Regulations.
INFRASTRUCTURE AND PUBLIC SERVICES: A. comprehensive program for the provision for
and development of all required infrastructure and public services shall be included in each
Specific Plan. Participation and/or financial contributions for public infrastructure and services
shall be provided to meet the needs of the project and community.
FISCAL IMPACT ANALYSIS: Each Specific Plan shall Have a comprehensive Fiscal Impact
Analysis prepared under the direction of the City which demonstrates that all infrastructure and
public services are provided for without becoming a burden on the City.
EXISTING LOTS OF RECORD: The Specific Plan requirement shall not apply for development
of a single-family residence on an existing lot of record as of the effective date of this Ordinance.
All proposed single-family residential uses shall comply with the Section 92.01.00 R-1 Single-
Family Residential Zones property development standards, shall comply with Section 94.04.0
Architectural Review, and if applicable, Section 93.13.00 Hillside Developments
The following Planning Areas and development criteria have been established based upon
property ownership, parcel configuration, topography, and other planning considerations.
PLANNING AREA # 1 - PALM SPRINGS AERIAL TRAMWAY: This area includes the Palm
Springs Aerial Tramway Valley Station and accessory improvements. All current codes and
ordinances shall apply to all properties owned, [eased or managed by the Palm Springs Aerial
Tramway. All other properties shall be limited to one (1) dwelling unit per 40 acres. Allowable
land uses and property development standards in Section 92.21.01 "O" Open Land Zones, Palm
Springs Zoning Ordinance (PSZO), shall apply.
PLANNING AREA # 2- SHADOWROCK: This area shall be designated Development
Agreement #2 per Section 94.08.05, Palm Springs Zoning Ordinance (PSZO). This Planning
Area shall be developed in accordance with Section 94.08.05 Shadowrock Development
Agreement, PSZO. This Development Agreement and related land use approvals provide for the
' ultimate development of a destination resort project consistent with the General Plan. The
project is composed of: (a) an eighteen (18)-hole championship golf course, clubhouse, and
driving range; (b) one hundred thirty-five (135) single-family and luxury estates, (c) ten (10)
luxury bungalows, (d) two hundred (200) luxury condominiums, and (e) a sixty (60) unit hotel
building and spa/fitness/tennis facility. The Shadowrock Development Agreement also approved
Ordinance 1664
Page 12
two (2) alternative development scenarios as to the hotel and iennis facility phase: (i) alternative
1 being a four hundred ninety (490) unit hotel, and (ii) alternative 2 being two hundred eleven
(211) single-family and luxury estate homes. '
PLANNING AREA #3 - AGUA CALIENTE BAND OF CAHUILLA INDIANS LANDS: This is Agua
Caliente Indian Reservation and all lands within this Planning Area are Indian Land. This area is
designated single-family residential development with a maximum density of two (2),units per
acre. Minimum lot size shall be 20,000 square feet of net lot area for a traditional single-family
residential subdivision. Density transfers and Clustering of residential units shall be permitted in
conjunction with the development of a resort championship golf course or significant natural open
space and/or recreation areas. Property development standards including but not limited to
building height, setbacks, lot coverage:, landscaping, and exterior lighting shall be establishe&in
the Specific Plan.
PLANNING AREA # 4 - TRAMWAY SOUTH: This area is designated very low-density
residential development with a maximum density of two (2) units per acre. Minimum lot size shall
be 20,000 square feet of net lot area for a traditional single-family subdivision. Density transfers
and clustering of residential units shall be permitted in conjunction with the development of a
resort / -er championship golf course only or development of significant natural open space
and/or recreation areas. Property development standards including but not limited to building
height, setbacks, lot coverage, landscaping, and exterior lighting shall be included in the Specific
Plan. Access to Planning Area # 4 shall be Tramway or Racquet Club Road only. Emergency
access to existing roadways located east shall be required. A specialty park shall be provided in
accordance with the General Plan designation.
PLANNING AREAS # 5 and 5-A - VISITORS' CENTER: This Planning Area shall be limited to,
single-family and multi-family residential development, (four to six (4-6) units per acre) resort '
commercial, hotels, resort hotels, visitor serving activities, retail, and public and quasi public
parking. Property adjacent to the Palm Springs'Visitors' Center shall be a mixture of hotels,
resort, commercial, and other related uses. The Specific Plan shall require consideration for
enhancing the existing Palm Springs Visitors' Center, designation of a fire station site, and the
Palm Springs Aerial Tramway. Property development standards including, but not limited to,
land use intensity and density, building height, lot coverage, landscaping, parking, and exterior
lighting shall be included in the Specific Plan.
The Area designated as Planning Area 5-A is the property surrounding the existing Palm Springs
Visitors' Center and Palm Springs entry way sign. The City Council has determined that property
surrounding the Visitors' Center ( a portion of Assessors Parcel # 504-040-045, and -001) may
be
developed with a focused Specific Plan provided the proposed land uses are complementary and
compatible with the Palm Springs Visitors' Center. Permitted land uses shall be resort hotels,
hotels, tourist related commercial uses, restaurants (no fast food or drive-thru), entertainment,
public facilities, public parking, retail, .and multi-family residential. All land uses shall be
compatible with surrounding land uses.
A detailed analysis of the North Plan Canyon Drive (State Highway 111) street frontage shall be
prepared which provides for expansive parkways, view corridors, screening of development, and
landscape shall be included in the Specific Plan.
PLANNING AREA # 6 - CHINO CANYON GATEWAY: This area is very low-density residential ,
development with a maximum density of two (2) units per acre. Minimum lot size shall be 20,006
square feet of net lot area for a traditional single-family subdivision. Density transfers and
clustering of residential units shall be permitted in conjunction with the development of a resort
championship golf course or development of significant natural open space and/or recreation
Ordinance 1664
Page 13
areas. Property development standards including but not limited to building height, setbacks, lot
coverage, landscaping, and exterior lighting shall be included in the Specific Plan.
A detailed analysis of the North Palm Canyon Drive (State Highway 111) street frontage shall be
prepared which provides for expansive parkways, view corridors, screening of development, and
landscape shall be included in the Specific Plan,
PLANNING AREA# 7 - CHINO CREEK: This Planning Area shall be limited to watercourse and
public recreation uses This Planning Area may be merged with Planning Areas Nos. 2, 3, 6, or
8 for planning purposes and development purposes. Land uses shall be limited to public parks,
golf course, and trails (equestrian, mountain bike, and hiking). The property surrounding the
large rock outcropping adjacent to Highway 111 (North Palm Canyon Drive) shall be considered
for a National Monument Visitors' Center, trail head, and other related uses. Existing view
corridors shall be maintained.
PLANNING AREA# 8- HIGHWAY 111 CORRIDOR: This Planning Area shall be limited to very
low-density residential development not exceeding two (2) units per acre. The purpose of this
Planning Area is to preserve the rural character of the area and to allow low-density residential
development. Also included in this Planning Area is the need for a public recreation amenity
which could include a public park, trail head or other related public recreation and open-space
amenities. A density transfer and/or density bonus not to exceed a total of three (3) dwelling
units/acre may be allowed in conjunction with the clustering of residential units associated with
the development of significant open space, recreational areas, and/or golf course.
The existing public recreation designation located on its western boundary. The Specific Plan for
this area shall consider alternatives including a public park amenity and relocation of this
designation to the westerly area to provide for an opportunity for a Santa Rosa and San Jacinto
Mountains National Monument Visitors' Center.
Single-family dwellings on existing lots of record as of the date of this Ordinance may be
developed in accordance with the existing General Plan Policy (3.32.2).
PLANNING AREA # 9 - SNOW CREEK: This Planning Area is limited to conservation of the
existing watercourse and very low-density residential development Residential development
shall be limited to one to two units per acre for property located outside of the flood plain.
Development should be clustered to provide substantial natural open space and buffer to the
hillside areas.
' ORDINANCE NO. 1665
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 2.04.010 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO THE TIME FOR
THE COMMENCEMENT OF REGULAR MEETINGS OF THE CITY
COUNCIL.
City Attornev Summary
The current provisions of the Palm Springs Municipal Code provide that regular meetings
of the City Council will commence at 7:00 p.m. This ordinance will provide that the time of
the regular City Council meeting will commence at the hour of 6:00 p.m. or such time as
the City Council establishes by resolution.
The City Council of the City of Palm Springs, California. ordains:
Section 1. Section 2.04.010 of the Palm Springs Municipal Code is amended to read:
2.04.010 Meetings — Place — Days— Month
Regular meetings of the City Council shall be held in the City Hall, 3200 Tahquitz-
MCCallum Way, in the city, on the first and third Wednesdays of each month at the hour of
6:00 p.m. or such other time as the City Council may establish by resolution.
' Section 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
ADOPTED this 2"d day of March, 2005.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
C I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1665 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting held on the 2"d day of
March, 2005, and that same was published in the PUBLIC RECORD, a newspaper of
general circulation on March 15, 2005, in a summary form.
mes Thompson
City Clerk