HomeMy WebLinkAbout19166 - RESOLUTIONS - 12/17/1997 RESOLUTION NO. 19166
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE FINAL PLANNED
DEVELOPMENT ]DISTRICT AND PHASE I FINAL
DEVELOPMENT PLANS (GOLF COURSE PLANS), SUBJECT
TO THE CONDITIONS STATED, LOCATED ALONG TRAM '
WAY APPROXIMATELY 1.5 MILES EAST OF HIGHWAY IIt,
PD 224 ZONE, SECTIONS 5, 6 and 8.
WHEREAS, Shadowrock LLC, (the "Applicant") filed an application (PDD-224-Case 5.0609) to
construct an 18-hole golf course with clubhouse, 270 unit lodge (composed of 200 condominiums,
10 bungalows, 60 hotel rooms)„ a spa/fitness/tennis facility and 135 single family estate lots. A
total of 405 dwelling units were proposed with the original project witti the City pursuant to Section
9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. A Final
Environmental Impact Report was prepared for the project and was certified and adopted by tine
City Council on May 5, 1993 and is in compliance with CEQA, the State CEQA Guidelines, and
the City's CEQA Guidelines. The project is located on Tramway Road approximately 1.5 miles
west of Highway 111, (tine "Project"), PDD Zone, Sections 5, 6 and 8; and
WHEREAS, said Phase I golf course plans were submitted to appropriate City departments for
their review and comment and requirements; and
WHEREAS, said continents and requirements have been duly considered and are reflected herein;
and
WHEREAS, on September 17, 1997, a meeting on the application for the Final Planned '
Development District for Phase: I golf course plans was held by the Planning Commission in
accordance with applicable law and all interested persons were afforded an opportunity to appear at
the meeting and to express their opinions and otherwise be heard concerning the project; and
WHEREAS, at the conclusion of its hearing on September 17, 1997, the Planning Commission
adopted Resolution No. 4546, recommending that the City Council approve the Final Planned
Development District Plans for Phase I golf course plans, subject to the findings and conditions
stated in Resolution No. 4.546; and
WHEREAS, notice of the of a public hearing of the City Council of tie City of Palm Springs to
consider Final PDD (PDD-224) for Phase I golf course plans, was given in accordance with
applicable law; and
WHEREAS, the proposed Phase I golf course plans were fully analyzed in the Final EIR, and is
consistent with the Final EIR that was prepared for the Shadowrock project which was previously
distributed for public review and commment in accordance with CEQA; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented
in connection with the meeting on the Project, including but not limited to the staff report, all '
environmental data including, the environmental impact report prepared for the Shadowrock project
and all written and oral testimony presented.
R19166
Page 2
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: /42,
Section 1: Pursuant to CEQA, the City Council finds as follows:
Pursuant to CEQA, the City Council that the Final Development Plans for the golf course
plans are 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 die 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 Final Development Plans for Phase I golf course
plans are 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
approved project 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. The subject project continues to entail construction of an 18-hole golf
course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67 acres.
In the first phase the extent of the golf course has been reduced to comply with the
conditions of approval, mitigation measures and Settlement Agreement. Since the scope of
' the golf course has been reduced from 158 acres to 142 acres and avoids the "No
Development Zone" per the Settlement Agreement, the potential for impacts has even
been lessened than what the certified Final Environmental Impact Report analyzed.
Thus, no further environmental review is necessary.
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 Stale 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 the Phase I golf course plans are 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 Exhibit B in the
City Council report dated July 30, 1997.
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Section 5:
Pursuant to Government: Code Section 66473.5, the City Council finds that the proposed
Phase I golf course plans 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 arid the additional mitigation
measures as indicated in the Settlement Agreement attached in Exhibit B of the July 30,
1997 City Council staff report:
a. The proposed Phase I golf course plans are consistent with the General Plan and
Preliminary Planned Development District (PDD) 224.
The project site is located within the Tramway Area Plan and is designated as LSR (Large-
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. The approved project, 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 adjusted to comply with the conditions of approval, mitigation
monitoring program, and Settlement Agreement from what was approved, the Phase I golf
course plans are still consistent with the General Plan and PDD-224. '
b. The design or improvements of the proposed Phase I golf course plans are consistent
with the General Plan and Preliminary Planned Development District 224.
All street, drainage, and utilities improvements 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
CPl.
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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, lire potential for impacts has even been lessened
than what the certified EIR analyzed. Thus, no further environmental review is
necessary. If significant changes are in later phases, additional environmental review
' will be undertaken at that time.
e. The project alterations are due to the State of California Department of Fish & Game
Settlement Agreement and the conditions. Thus, the potential for impacts associated
with the project have been reduced from what was originally analyzed in the EIR.
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 stormwater onsite. A
hydrology study is required to analyze on- and off-site drainage. 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 to be held
as permanent open space. A Fugitive Dust and Erosion Control Plan has been
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 fidly 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 this property will not be developed
as a part of this project. If development is ever proposed on this property, separate
environmental review may be required at that time.
h. The certified FIR 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.
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Page 5
i. The grading proposed at this time has been reduced from what the certified EIR originally
analyzed.
The size of the golf course has been reduced from 158 acres to 142 acres. The certified
EIR indicated that there will be 122,234 cubic yards of earth cut, about 609,491 cubic
yards of earth fill, and approximately 490,000 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 cubit; 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. 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
Preliminary Planned Development District and tentative tract map.
The right-of-way off-site improvements, which are required by the Preliminary Planned
Development District and the Final Environmental Impact Report, are related to the project
since the property owners must. use Tram Way to access the site. Currently, line 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/bikepalhs
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.
k. The Phase I golf course plans are in accordance with the conditions of approval, the '
EIR, Tentative Tract Map No. 28587 and the settlement agreement.
The Phase I golf course plans are required per the conditions of approval and was
prepared in accordance with the certified EIR, Tentative Tract Map No. 28587 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 the proposed project into the existing sewer system will not result
in a violation of existing requirements prescribed by the Regional Water Quality Control
Board. On an interim basis septic tanks may be approved for the clubhouse only.
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Page 6
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council approves the Final Development District and Phase 1 golf course plans subject to
those conditions set forth in the Exhibit A, and the Settlement Agreement A3291 approved
10/20/93 set forth in Exhibit B, as on file in the Office of the City Clerk, which are to be
' satisfied prior to the issuance of a Certificate of Occupancy unless other specified.
ADOPTED THIS 171' day of December , 1997.
AYES: Members Barnes, Oden, and Reller-Spurgin
NOES: None
ABSENT: None
ABSTAIN: Member Hodges and Mayor Kleindienst
ATTEST:
CITY Oj PALM SPRIN A IFORNIA
Q �\ \\ -3
�� City Clerk Q���" Ci y Manager
REVIEWED BY:_AW-C