HomeMy WebLinkAbout19717 - RESOLUTIONS - 1/5/2000 RESOLUTION NO. 19717
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RESCINDING APPROVALS
FOR THE MOUNTAIN FALLS GOLF PRESERVE,
RESOLUTIONS NO. 19431, 19432, AND 19433
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WHEREAS,The Mountain Falls Golf Preserve Company(the"Applicant")filed an application with
the City of Palm Springs to construct an 18 hole golf course, clubhouse complex with
restaurant/bar/pro shop/guesthouse, maintenance building, and 20 condominium units (the
"Project"), located on 359.08 acres of land within Sections 9, 10, and 15; and
WHEREAS, the proposed General Plan Amendment, Zoning Map Amendment, conditional use
permit, and development project constitute a "project" pursuant to the terms of the California
Environmental Quality Act (CEQA), a Draft Environmental Impact Report was prepared and
distributed for public review and comment, and a Final Environmental Impact Report(Final EIR),
consisting of the Draft EIR, comments and responses to comments on the Draft EIR, a Technical
Appendix, Planning Commission public hearing minutes, comments on the Notice of Preparation,
a local golf course trip-generation study,and correspondence with various entities,was subsequently
prepared in accordance with CEQA, the State CEQA Guidelines, and the City's CEQA
Implementing Guidelines; and
WHEREAS, on May 13 and October 14, 1998, in accordance with applicable law, the Planning
Commission held public hearings on the Draft EIR and the Project, respectively; and
WHEREAS,at the conclusion of its public hearing on October 14, 1998,the Planning Commission
adopted Resolution No.4610,recommending that the City Council certify the Final EIR as complete
and adopt the mitigation monitoring program relating to the Project; and
WHEREAS, on November 18, 1998, the City Council of the City of Palm Springs held a duly
noticed public hearing on the Project and on December 16, 1998, the City Council approved
Resolution No. 19431,certifying the Final EIR as complete and adopting the Statement of Facts and
Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding
Considerations;Resolution No. 19432,amending the Land Use Element of the City's General Plan
to realign a portion of a bike trail located in the area of the Project;Resolution No. 19433,approving
the Project's Conditional Use Permit; and Ordinance No. 1564; and
WHEREAS, on January 19, 1999,the Sierra Club filed a petition for writ of mandate challenging
the City's approval of the Project under CEQA, the California Fish and Game Code,the California
Endangered Species Act, the Federal Endangered Species Act, the City's General Plan, the City's
zoning code, and the Due Process Clause of the federal Constitution; and
WHEREAS, on April 12, 1999, the Sierra Club filed a Second Amended Petition, and the parties
to the lawsuit briefed the merits of the petition for writ of mandate, and the Superior Court of the
State of California for the County of Riverside, California, Honorable Gloria Connor Trask,
presiding, heard argument and took the matter under submission on August 23, 1999; and
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Res 19717
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WHEREAS,the Court,through its ruling on the petition issued on October 1, 1999 and its Judgment
issued on December 17, 1999, found that the City's approval of the Project complied with CEQA
except that the administrative record did not contain substantial evidence to support the City's
findings in Resolution No. 19431 that: (1) the Project would not cause significant, direct impacts
to Peninsular bighorn sheep or that such impacts could be mitigated to a level of insignificance, and
(2) all indirect significant impacts could be mitigated to a level of insignificance; and
WHEREAS,the Court,through its ruling on the petition and its Judgment,denied each of the Sierra '
Club's claims under the California Fish and Game Code,the California Endangered Species Act,the
Federal Endangered Species Act, the City's General Plan, the City's zoning code, and the Due
Process Clause of the federal Constitution; and
WHEREAS, on December 17, 1999, the Court issued a judgment authorizing the issuance of a
peremptory writ of mandate remanding the proceedings to the City and commanding the City to set
aside the Project approvals for the Mountain Falls Golf Preserve,Resolutions No. 19431, 19432,and
19433 and Ordinance No. 1564, and to suspend any and all Project activity until the City has
complied with CEQA.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1:
The Court's Judgment requires the City to rescind the Project approvals for the Mountain
Falls Golf Preserve,Resolutions No. 19431, 19432,and 19433,and OrclinanceNo. 1564,and
to suspend any and all Project activity.
NOW, THEREFORE,BE IT RESOLVED that, based upon the foregoing,the City Council hereby
rescinds Resolutions No. 19431, 19432, and 19433. '
ADOPTED this 5th day of January, 2000.
AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
�Q )BY�ti �'�( P��A�I.r'e.io
City Clerk Acting City Manager
REVIEWED BY:
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