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HomeMy WebLinkAbout17600 - RESOLUTIONS - 7/19/1991 ' RESOLUTION NO, 17600 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PALM CANYON RESORT AND SPA SPECIFIC PLAN FOR PROPERTY LOCATED ON THE EAST AND WEST SIDE OF SOUTH PALM CANYON DRIVE GENERALLY BETWEEN MURRAY CANYON DRIVE AND ACANTO ROAD. (CASE 5 .0576-SP-1) WHEREAS the Canyon Development Corporation has proposed a Specific Plan encompassing 746 acres pursuant to Government Code Section 65450; and WHEREAS the Specific Plan includes a. 350-room hotel, 50-room resort spa, retail/commercial area, tennis complex, championship golf course, 350 single family residential units, up to 250 employee housing units . roadways and other public and private improvements: and WHEREAS the Canyon Park Resort and Spa Specific Plan (Specific Plan) has been evaluated for conformance with the General Plan and is consistent with the General Plan and all elements thereto; and WHEREAS, there is a reasonable probability that the Specific Plan will be consistent with the proposed general plan on file with the State of California Office of Planning and Research in that ( i) the Specific Plan is consistent with the overall density and land use character of the existing General Plan which allows destination resorts in any residential designation provided the overall density set forth in the General Plan is not exceeded; ( ii ) the existing General Plan (A) predicts the need for a single collector street access through the project area into the Andreas Hills area and this is being accomplished via the designation of Acanto Road as a 60-foot collector street, and (B) references the neighborhood shopping center and neighborhood park as floating designations that are not site specific; ( iii) both the existing General Plan and the proposed general plan identify the same uses for the for the subject property and the proposed general plan does not constitute a change from the overall land use character defined in the existing General Plan; and ( iv) the Specific Plan has incorporated the concepts from the Jani-Jerde "Vision Report" citing the need for world-class destination projects in the Canyon "Luxury" Sphere, the site of the proposed project, which concepts are incorporated into the proposed general plan; and WHEREAS there is little or no probability the Specific Plan will be detrimental to or interfere with the future adopted General Plan if the Specific Plan is ultimately inconsistent with that future adopted general plan, in that due to the resort/residential character of the environs in and surrounding the subject property, there is no possibility that alternative land uses such as commercial or industrial could be considered for the subject property and the only possible alternative General Plan consideration for the subject property would be higher or lower density than that proposed; even in the event of a differing density, there is little probability that the project would be detrimental to or interfere in any way with the future adopted General Plan; and WHEREAS the environmental impacts of the proposed Specific Plan are described in the Final Environmental Impact Report and the City Council has considered the information contained in the Final EIR in making its decision: and WHEREAS the City Council has adopted a Statement of Facts and Findings and a Statement of Overriding Considerations regarding the environmental effects of the Specific Plan; and WHEREAS a Mitigation Monitoring Program has been prepared and has been incorporated in the Specific Plan whereby all environmental impacts will. mitigated to the extent feasible: and WHEREAS the Planning Commission has held public hearings on the proposed Specific Plan and Final Environmental Impact Report in accordance with the California Environmental Quality Act and State and local law: and WHEREAS the Planning Commission has recommended approval of the Specific Plan; and WHEREAS the City Council is in agreement with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: SECTION 1. The Canyon Park Resort and Spa Specific Plan for property herein described (Case 5 .0576-SP--1) is hereby approved subject to the following amendments and implementation requirements: 1. That the staff report, City Council Resolution, Statement of Facts and Findings, Statement of Overriding Considerations, Mitigation Monitoring Program and Final EIR shall be incorporated into the Specific Plan. 2. That a public fire station site shall be shown in the vicinity of Acanto Road. and South Palm Canyon Drive. 3 . That reference to the Planning Commission on pages 22, 31, and 52 shall be changed to "Tile City" . 4. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its advisory agencies, or legislative body concerning Case 5.0576-SP-1. r The City of Palm Springs will promptly notify the permittee of any such claim, action„ or proceeding against the City of Palm Springs and will cooperate fully in the defense. If the City of Palm Springs fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. a 5. As the proposed project is located in an area defined as having an impact on fish and wild life as that term is defined in Section 711 . 2 of the Fish and ame Code, a fee of $850.00 plus an administrative fee of $25 .00 shall be submitted by the applicant in the form of a money order or a cashier ' s check payable to the Riverside County Clerk prior to City Council action on the ' project. This fee shall be submitted to the County Clerk with the Notice of Determination. This application shall not be final until such fee is paid. 6. That the Canyon Development and the City shall comply with Section 15095 of the State CEQA Guidelines regarding the disposition of the Final EIR. R 7 . That two ( 2) equestrian trails shall be added to the Specific Plan and shall be further evaluated for location, feasibility and details during review of future development permit applications. The new equestrian trails shall be r a minimum of 15 feet in width and shall be generally located as follows: a) adjacent to South Palm Canyon Drive between the proposed Murray Canyon trail on the north and Acanto Road on the south: b) adjacent to Acanto Road between South Palm Canyon Drive on the west and the Palm Canyon Wash on the east . Access to the Wash shall be provided. r SECTION 2 . That the City Council hereby finds and determines as follows: 1. That the Specific Plan stated in Section above is consistent with the existing General Plan, in that ( i ) the Planning Commission has reviewed the Specific Plan and determined that it is consistent with the existing General Plan and with all elements thereof, including the General Plan goals of (A) ensuring the economic viability ' of all sectors of the economy (commercial, land values, employment, etc. ) , (B) ensuring the future tourist economy, (C) development of recreational amenities (golf, tennis, horse trails, hiking trails, bike trails) , (D) creation of open space (visual and hillside retention) , (E) ensuring adequate flood control facilities, (F) development of a fire station for the vicinity, and (G) development of quality housing opportunities including on-site housing for hotel staff; and (ii) the overall density and land use ' character of the existing General Plan in this vicinity allows the contemplated project on the subject property, including the density and overall intensity of the project, in that y destination resorts are allowed by the General Plan in any residential designation provided the overall density set forth in the General Plan is not exceeded; and ( iii) the Specific Plan is consistent with and assists the implementation of the General Plan policies with respect to the subject property. 2. That there is a reasonable probability that the Specific Plan will be consistent with the proposed general plan on file with the State of California Office of Planning and Research in that ( i ) the Specific Plan is consistent with the overall density and land use character of the existing General Plan which allows destination resorts in any residential designation provided the overall density set forth in the General Plan is not exceeded; ( ii. ) the existing General Plan (A) predicts the need for a single collector street access through the project area into the Andreas Hills area and this is being accomplished via the designation of Acanto Road as a 60-foot collector street, and (B) references the neighborhood shopping center and neighborhood park as floating designations that are not site specific; ( iii) both the existing General Plan and the proposed general plan identify the same uses for the for the subject property and the proposed general. plan does not constitute a change from the overall land use character and policies defined in the existing General Plan; and ( iv) the Specific Plan has incorporated the concepts from the Jani-Jerde "Vision Report" citing the need for world-class destination projects in the Canyon "Luxury" Sphere, the site of the proposed project, which concepts are incorporated into the proposed general plan. , 3. That there is little or no probability the Specific Plan will be detrimental to or interfere with the future adopted general plan if the Specific Plan is ultimately inconsistent with that future adopted general plan, in that due to the resort/residential character of the environs in and surrounding the subject property, there is no possibility that alternative land uses such as commercial or industrial could be considered for the subject property and the only possible alternative General Plan consideration for the subject property would be higher or lower density than that proposed; even in the event of a differing density, there is little probability that the project would be detrimental to or interfere in any way with the future adopted General Plan. ADOPTED this 19th day of Ju1V _, 1991 . V AYES: Councilmembers Broich, [lodges, Murawski , Neel and Mayor Bono NOES: None ABSENT: None ATTEST:. CITY f M S IN , CALIFORNIA .Y ',.City Clerk y Ma ager REVIEWED & APPROVED: [ :war =ice" \ 8/394/014084-0022/006 Y J