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HomeMy WebLinkAbout1676 - ORDINANCES - 10/12/2005 ORDINANCE NO. 1676 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING INTERIM DEVELOPMENT REGULATIONS FOR ONE YEAR 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. City Attorney's Summary The City Council on October 20, 2004 and December 1, 2004, adopted interim urgency ordinances establishing and extending interim development regulations for the Chino Cone area of the City for a total period of one year. This ordinance makes requisite findings and has the effect of extending the interim development regulations for the Chino Cone area as provided for in the first two interim urgency ordinances for an additional one year period, ending on October 15, 2006. A four-fifths vote of the City Council is required for passage. The City Council of the City of Palm Springs finds: A. 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. B. 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. C. The unique features of the Chino Cone area have always been recognized in the City's General Plan process. D. 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. E. 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. F. The 1966 plan also prohibited development on slopes greater than 30%. Ordinance No. 1676 Page 2 G. The 1966 standards for development within the Chino Cone area were amended in the 1993 General Plan. ' H. 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. I. 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. J. 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. K. 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. L. The density around the Palm Springs Visitors' Center was reduced to low density residential development six (6) units per acre and Neighborhood Shopping Center. M. 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. N. 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". O. 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. P. 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. 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. 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. ' Q. 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 Ordinance No. 1676 Page 3 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. R. 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. S. 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. T. 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"). U. 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. V. The City Council desires to respond to the concerns of its citizens regarding development within the Chino Cone and adjacent areas. W. 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 three (3) years, in addition to which there are a number of pending projects on at least an additional 437 acres, totaling at least 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. X. 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. Y. 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. Z. 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, Ordinance No. 1676 Page 4 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. AA. The City Council believes that, for development purposes during the interim period of the urgency ordinances affecting the Chino Cone area, 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. BB. 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. CC. A specific plan must be adopted by ordinance after public hearings before the Planning Commission and City Council. DD. 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 group. EE. 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. FF. 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 completion of 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 alignments, (b) traffic analysis, (c) a bikeway and trail plan, (d) Ordinance No. 1676 Page 5 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 (1) environmental review; and (3) prepare new density of development standards for each of the nine (9) Planning Areas during the interim period. GG. The City Council finds and declares that all projects with approvals of entitlements, including development agreements, as of the effective date of the initial Interim Urgency Ordinance are permitted to proceed under such entitlements, but all projects without entitlements or permits shall be subject to the standards hereof. HH. On October 20, 2004, the City Council adopted an initial interim urgency ordinance establishing interim development regulations, for forty-five (45) days, for the Chino Cone and adjacent areas pending the completion of studies and the preparation of any update of the City's development regulations for these areas. II. During the term of the initial interim urgency ordinance, 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. 11, On December 1, 2004, the City Council adopted a second interim urgency ordinance that had the effect of extending the interim development regulations established pursuant to the initial urgency ordinance for an additional period of ten (10) months and forty-five (45) days for the Chino Cone and adjacent areas pending the completion of studies and the preparation of any update of the City's development regulations for these areas. KK. During the past ten (10) months and forty-five (45) days, the City Council retained the Planning Center as the primary consultant to General Plan Steering Committee for the preparation of the General Plan update and its concomitant environmental review. During this latest interim period, staff has (1) continued to meet with property owners to discuss future land uses, development opportunities, and public involvement; (2) met, and continues to meet, with the General Plan Update consultant, the Planning Commission subcommittee, and a General Plan Steering Committee regarding future development standards and planning process for the Chino Cone and adjacent areas; and (3) undertaken a comprehensive review and updating of the City's General Plan. In relation to the Chino Canyon Cone and adjacent areas, the Steering Committee and staff have been working to review, analyze, and incorporate appropriate land use policies and programs consistent with the direction of Council provided in the Interim Urgency Ordinance into the General Plan Update, while carefully monitoring community dialogue and input. LL. City staff has also continued to meet with property owners to discuss future land uses, planning processes, and potential development. In addition, since August 2005 staff has begun to specifically prepare a staffing and consultant needs assessment and tirrie-line for the execution of the studies and analyses called for in the Interim Urgency Ordinance. All of the staff and community-based efforts are positively focused on Ordinance No. 1676 Page 6 providing, within a year, new land use designations and appropriate development ' processes and standards for the Chino Canyon Cone and adjacent property areas. MM. During the term of the second urgency ordinance, private citizens of the City organized to exercise their initiative authority, ultimately resulting in the Mountain Preservation Initiative. This Initiative was placed before the voters of the City of Palm Springs as Measure B in a Special Election called by the Palm Springs City Council and held on March 9, 2005. The Initiative covered more than 55 square miles of the City, including the Chino Cone Area, and featured the establishment of a General Plan land use designation of "Mountain Region." This "Mountain Region" land use designation provided for no more than one (1) single-family residence per forty (40) acre parcel of "Mountain Region" land. While the Initiative was not approved by voters, the community's interest in the future development in the Chino Canyon Cone and adjacent areas was vigorously stimulated and intensified by the community's discussion, analysis, and debate of the Initiative's provisions. NN. A direct and immediate product of the failed Initiative, Measure B, was the formation of a private citizens committee which organized itself as a private Citizens Task Force with the declared purpose of constructively pursuing potential solutions of the disparate and divisive issues surrounding the development of new land use policies for the Chino Canyon Cone and adjacent areas. The Task Force presented its initial proposal to the City Council on September 14, 2005, and to the community-at-large on September 17, 2005. Since its publication in September 2005, the Citizens Task Force's proposal has generated community-wide interest and dialogue in it's land use and development ' proposals for the Chino Canyon Cone and adjacent areas. The Task Force intends to continue its public outreach and receive input to shape its final recommendations. It is anticipated that portions of the final report and recommendations of the Task Force may be included for additional study as a part of the City's General Plan update process and/or as separate regulatory ordinances or regulations for consideration by the City Council, consistent with the goals and purposes of the interim urgency ordinances. 00. 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 the interim development regulations established in the initial urgency interim ordinance, the first extension, and this urgency ordinance. Century Crowell Communities, LP has also commenced the pubic outreach process in anticipation of preparation and submission for City review and consideration of a specific plan for one or more of the planning areas as provided in the initial, first extension of the interim urgency ordinance, and this ordinance. PP. Government Code Sections 65858, 36934, and 36937 expressly authorize the City Council to adopt and extend 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. Ordinance No. 1676 Page 7 The City Council of the City of Palm Springs, California, ordains: SECTION 1. Above-Recitals. The above recitals are true and correct and constitute a part of the rational in support of this urgency ordinance. SECTION 2. Effectiveness of Ordinance. This Interim Urgency Ordinance shall become effective on October 15, 2005 and shall expire at 12:01 am on October 15, 2006, a period of one year, pursuant to the authority conferred upon the City Council by Government Code Section 65858(a), thereby extending the development regulations adopted in the initial interim urgency ordinance and extended in the second interim urgency ordinance in the manner provided under law. SECTION 3. Urgency Declaration. 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 area generally and the nine (9) Planning Areas within the Chino Cone area specifically, 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. SECTION 4. Direction to Staff. The City Council directs staff to continue and complete the preparation of 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 5. Urgency Findinqs. In adopting this Interim Urgency Ordinance, the City Council extends the interim development regulations established by the initial urgency ordinance and continued by the second urgency ordinance, and in extending such development regulations, the City Council finds and determines that this extension of the initial and second interim urgency ordinances 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 in the Recitals above and in this Section 5. (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 Ordinance No. 1676 Page 8 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. (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 6. 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 Speck Plan proposes densities that exceed those allowed under this urgency ordinance. In a preliminary review of the Ordinance No. 1676 Page 9 application, staff has concerns regarding the density and design of the project and its q 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. SECTION 7. 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 speck 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 8. CEQA Findinq. The City Council hereby finds that there Is no possibility that the adoption of this Interim Urgency Ordinance and the concomitant extension of the interim development standards established in the initial interim urgency ordinance and extended in the second 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 9. 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 10. 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 upon its adoption by a four-fifths (4/5) vote of the City Council, shall be in full force and effect on 12:01 am on October 15, 2005 and shall expire at 12:01 am on October 15, 2006. SECTION 11. 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. Ordinance No. 1676 Page 10 ADOPTED this 121h day of October 2005. ' Mayor Ron Oden ATTEST: A James ThZrnppson, City erk G/ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1676 is a full, true and correct copy, and was adopted at an adjourned regular meeting of the City Council of the City of Palm Springs on October 12, 2005, by the following vote: AYES: Councilmembers Foat, Mills, Pougnet, Mayor Pro Tern McCulloch and Mayor , Oden NOES: None ABSENT: None ABSTAIN: None ' es Thompson, City Clerk / Ity of Palm Springs, California C 9,r uM if Ordinance No. 1676 Page 12 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 Cone 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 the intent of this section is complied with. Ordinance No. 1676 Page 13 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. 2. The study shall include a traffic analysis for the entire Chino Cone or specific planning area (Planning Areas #8 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 development. 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 shall be devoted to open space and recreational land uses. 3. A large-scale resort shall include a minimum of forty (40) acres. Ordinance No. 1676 Page 14 ' 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 "Ornamental plants shall be minimized wherever feasible. Use 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 Spec 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 , Ordinance No. 1676 Page 15 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. SPECIFIC REQUIREMENTS 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, leased 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 two (2) alternative development scenarios as to the hotel and tennis 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 Ordinance No. 1676 Page 16 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 established 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 / -of 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 20,000 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 Ordinance No. 1676 Page 17 the development of a resort championship golf course 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. 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 B 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.