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HomeMy WebLinkAbout19098 - RESOLUTIONS - 7/30/1997 RESOLUTION NO. 19098 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28587, SUBJECT TO THE CONDITIONS STATED, TO CREATE SIX LOTS LOCATED ALONG TRAM WAY APPROXIMATELY 1.5 ' MILES EAST OF HIGHWAY 111, PD 224 ZONE, SECTIONS 5, 6 and 8. WHEREAS, Shadowrock LLC, (the "Applicant") has filed an application and has paid the required filing fees with the City pursuant to Section 9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to create six lots on 347.67 acres on Tram Way approximately 1.5 miles west of Highway 111, (the "Project"), PDD Zone, Sections 5, 6 and 8; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of a public hearing of the Planning Cormmission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 28587 was given in accordance with applicable law; and WHEREAS, on July 9, 1997, a public hearing on the application for Tentative Tract Map 28587 was held by the Plamring Commission in accordance with applicable law and all interested persons were afforded an opportunity to appear at the hearing and to express their opinions and otherwise be heard concerning the project; and WHEREAS, at the conclusion of its hearing on July 9, 1997, the Planning Commission adopted Resolution No. 4537, recommending that the City Council approve the proposed Subdivision, Tentative Tract Map 28587, subject to the findings and conditions stated in Resolution No. 4537; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed Subdivision, Tentative Tract Map No. 28587, was given in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 28587, on the housing needs of the region in which Pahn Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and the approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent ' with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed Subdivision, Tentative Tract Map No. 28587, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is consistent with the Final EIR that was prepared for the Shadowrock project which was previously distributed for public review and comment in accordance with CEQA; and R19098 Page 2 WHEREAS, the City Council has carefully reviewed and considered 0.11 of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the environmental impact report prepared for the Shadowrock project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: ' Pursuant to CEQA, the City Council finds that Tentative Tract Map No. 28587 is in compliance with the Final Environmental Impact Report that was prepared for the Shadowrock project and was certified and adopted on May 5, 1993 and is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the EIR adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed Project. The City Council has independently reviewed and considered the tentative tract map application is in conformance with the information contained in the certified Final Environmental Impact Report. Section 2: There is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report. Originally, the project included a destination resort that included an 18-hole golf course, a spa/fitness/tenus facility, 135 single family and luxury estate homes, 270 unit lodge facility consisting of a 60 unit hotel building, 10 luxury bungalows and 200 luxury condominiums. The subject project continues to entail construction of an 18-hole golf course, clubhouse, hotel/resort, ' future residential use, and a reseivoir site on 347.67 acres. It is anticipated that the future residential site will be subdivided into 16 residential lots. In the first phase the extent of the golf course has not been changed and residential units have been eliminated. Since the scope of the project has been reduced, the potential for impacts has even been lessened than what the certified Final Environmental Impact Report analyzed. Thus, no further environmental review is necessary. In the event of significant changes in later phases, additional environmental review will be undertaken at that time. Section 3: A mitigation monitoring program was previously adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the; above referenced mitigation measures during Project implementation. This mitigation monitoring program is included as a condition of approval set forth in the attached Exhibit A. 'In addition, the applicant and the State of California Department of Fish & Game entered into a Settlement Agreement on October 20, 1993, in which additional mitigation measures were incorporated into the project. The potential for an impact is even less than what was analyzed in the certified Final Environmental Impact Report. Thus, no further mitigation is necessary. Section 4: , The City Council finds that Tentative Tract Map No. 28587 is in compliance with the Settlement Agreement between the applicant and the State of California Department of Fish & Game that was entered into on October 20, 1993 as set forth in the attached Exhibit B. R19098 Page 3 Section 5: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the ' objectives, policies and general land uses and programs provided in the City's General Plan and the Preliminary Planned Development District approved by the City Council on May 5, 1993. Section 6: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A and the additional mitigation measures as indicated in the Settlement Agreement attached in Exhibit B: a. The proposed map is consistent with the General Plan and Preliminary Planned Development District(PDD) 224. The project site is located withiin the Tramway Area Plan and is designated as LSR (Iarge- Scale Resort) in the General Plan which emphasizes recreational and resort living. The project at this time entails construction of an 18-hole golf course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67 acres. Originally, PDD-224 included a destination resort that included an 18-hole golf course, a spa/fitness/tennis facility, 135 single family and luxury estate homes, 270 unit lodge facility consisting of a 60 unit hotel building, 10 luxury bungalows and 200 luxury condominiums. Thus, even though the project has been revised from what was approved, the map is still consistent with the ' General Plan and PDD-224. b. The design or improvements of the proposed subdivision are consistent with the General Plan and Preliminary Planned Development District 224. All street, drainage, and utilitiesnnprovements are required subject to the General Plan and PDD-224. A hydrology study is required to analyze on- and off-site drainage patterns. The applicant will need to improve Tram Way road so there are no circulation problems. The applicant is required to obtain the necessary approvals from all utility companies. Thus, the project will be consistent with the General Plan and PDD-224. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The proposed golf course is generally located on 8% to 10% slope. The developer donated 565 acres of hillside to the Parks, Open Space and Trails Foundation to be maintained as open space. Thus, the project is suitable for the subject site with the mitigation measures proposed. d. There is no new substantial evidence with respect to environmental effects that has been ' submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report. The Final Environmental Impact Report (EIR) that was certified on May 5, 1993, by the City Council adequately addressed all potential impacts and incorporated mitigation measures associated with the subject property. In addition, the applicant and the State of California Department of Fish & Game entered into a Settlement Agreement on October 20, 1993, in which additional mitigation measures were incorporated into the R19098 Page 3 project. There is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report. Since the scope of the project has been reduced, the potential for impacts has even been lessened than what the certified EIR analyzed. Thus, no further environmental review is necessary. If significant changes are made in later phases, additional environmental review will be undertaken at that time. ' e. The project alterations are due to the settlement agreement and the conditions outlined in the U.S. Army Corps of Engineers 404 permit. Thus, the potential for impacts associated with the project have been reduced from what was originally analyzed in the EIR. Although the project has changed, the scope of the project has been downsized from what was originally approved. The project alterations are due to the settlement agreement and the conditions outlined in the U.S. Army Corps of Engineers 404 permit. The proposed fencing of the golf course is to retain domestic animals within residential areas (Bighorn Sheep Mitigation No. 11). The State of California Department of Fish & Game removed the fence requirement so bighorn sheep could traverse the golf course. The City Council did not defer or delete conditions with respect to sewer, retention of stomiwater onsite. A hydrology study is required to analyze on- and off- site drainage. A rough ;grading plan is still required for the golf course which shall be submitted for review and approval prior to the issuance of grading permits. The applicant is required to submit final landscape plans as a part of the conditions of approval. The applicant has donated 565 acres to Parks, Open Space and Trails Foundation. A Fugitive Dust and Erosion Control Plan is still required to be submitted for approval as a part of the grading plan. The mitigation measures regarding hazardous materials were not modified by the City Council. Thus, no further mitigation is ' necessary. f. The EIR that was adopted and certified in 1993 fully analyzed the Peninsular bighorn sheep with respect to potential impacts and mitigation measures. The certified EIR fully analyzed the Peninsular bighorn sheep with respect to potential impacts and mitigation measures. In addition, the settlement agreement, a legal and binding contract, required additional measures regarding the bighorn sheep. These measures include a "No Development Zone"; acquisition of 340 acres in Blasedell Canyon to replace the 331 acres of bighorn sheep habitat disturbed by the project; payment of $50,000 to the State Fish and Game Department for a study of the bighorn sheep in the San Jacinto Mountains. Thus, no further mitigation is necessary. g. The application entails construction of an 18-hole golf course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67 acres. The application does not include development of the Indian land along the northwestern portion of the site. Since the application at this time does not include the Indian land along the northwestern portion of the site, this will insure that the subject property will remain as open space. If development is ever proposed on this property, separate environmental , review may be required at that time. R19098 Page 4 h. The certified EIR adequately addressed and reviewed five alternative sites for the subject property. Based on the criteria used, many of the alternative sites contain constraints that would not meet the City's and Developer's objectives. There is also an approved Planned Development District and recorded Development Agreement that allow the developer ' the right to pursue development of the subject property. L The grading proposed at this time has been reduced from what the certified EIR originally analyzed. The certified EIR indicated that there will be 219,049 cubic yards of earth cut, about 1,270,914 cubic yards of earth fill, and approximately 1,055,000 cubic yards of earth imported as fill; however, because of the reduce scope of the project, the amount of grading has also been reduced. It is estimated that there will be 370,000 cubic yards of earth cut, about 350,000 cubic yards of earth fill, and about 280,000 cubic yards of import fill. Thus, the potential for an impact related to grading has been reduced from what was previously analyzed in the EIR. j. The application is only for the tentative tract map to create six lots, not construction of the golf course. Final development plans regarding the golf course and other land uses on the subject site will be presented before the Planning Commission and the City Council once they have been prepared and submitted to the City. k. The EIR adequately addressed potential impacts and mitigation measures associated with wildlife. Although the City's environmental checklist for the tentative tract map does not have a category for wildlife, the EIR adequately addressed potential impacts and mitigation measures associated with wildlife. In addition, the settlement agreement required additional mitigation measures with respect to wildlife. No new mitigation is required. 1. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the tentative tract map. The right-of-way off-site improvements, which are required by the Preliminary Planned Development District and the Filial Environmental Impact Report, are related to the project since the property owners must use Tram Way to access the site. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to Tram Way such as dedication of easements, sidewalks/bikepaths and future widening. Modifications are required to meet City engineering standards. The required widening and vertical/horizontal street improvements will provide safety benefits to the property owners and will aesthetically enhance the subject area. m. The tentative tract map application is in accordance with the conditions of approval, the EIR and the settlement agreement. The tentative tract map application was required per the conditions of approval and was prepared in accordance with the certified EIR and settlement agreement. Thus, further environmental review is not required. Section 7: ' Pursuant to Government Code Section 66474.6, the City Council has determined that the discharge of waste from [lie proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map No. 28587 subject to those conditions set forth in Exhibit A, and the Settlement Agreement set forth in Exhibit B as on filed in the City Clerk's Office which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 30 day of July-, 1997. AYES: Members Barnes, Hodges, Oden, Spurgin, and Mayor Kleindie.rist NOES: None ABSENT: None ATTEST: C TY OF PALMS GS i�ALIFORNIA City Clerk City Mana er REVIEWED BY: _