HomeMy WebLinkAbout19726 - RESOLUTIONS - 1/19/2000 RESOLUTION NO. 19726
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, READOPTING RESOLUTION
NO. 19432 AND AMENDING AND READOPTING
RESOLUTION NO. 19433 RELATING TO THE
MOUNTAIN FALLS GOLF PRESERVE PROJECT '
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WHEREAS,The Mountain Falls GolfPreserve 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. 1943 3,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
WHEREAS,the Court,through its ruling on the petition issued on October 1, 1999 and As 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
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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
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 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; and
WHEREAS, on January 5 20 00 , pursuant to the Court's Judgment and the
peremptory writ of mandate, the City Council adopted Resolution No. 19717 , rescinding
Resolutions No. 19431, 19432, and 19433, and the City Council adopted Ordinance No. 1577
repealing Ordinance No. 1564.
ON THE BASIS OF THE ADMINISTRATIVE RECORD CERTIFIED IN THIS MATTER ON
FEBRUARY 24, 1999, THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1:
On page 6 of Resolution No. 19433, the City hereby amends the first paragraph of
subparagraph h of Section 5 to read as follows:
h. The final EIR that has been prepared fully analyzed potential
impacts and mitigation measures with respect to biological resources
with special concerns regarding the Peninsular Bighorn Sheep and the
City Council finds that even after requiring extensive mitigation that
significant direct, indirect, and cumulative impacts to the Peninsular
Bighorn Sheep will result.
NOW,THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council hereby
readopts Resolution No. 19432 and amends and readopts Resolution No. 19433 relating to the
Mountain Falls Golf Preserve project.
ADOPTED this 19th day of January 2000.
AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst
NOES: Members Jones and Hodges
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City (C(erk City Manager
REVIEWED BY: -
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