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HomeMy WebLinkAbout20515 - RESOLUTIONS - 12/18/2002 RESOLUTION NO. 20515 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVING AN AMENDMENT OF SPECIFIC PLAN #1 WITH REGARDS TO FIGURE 7 OF SECTION E DESIGN CONCEPT - RESORT FACILITIES, LOCATED AT 1097 MURRAY CANYON DRIVE, ZONE W, W-R-1-13, AND SP-1, SECTIONS 35 AND 36. WHEREAS, Agua Caliente Development Authority(the "applicant') has filed a request to amend Specific Plan #1, pursuant to Government Code Section 65453, to modify Figure 7 of Section E Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1; and WHEREAS, the proposed amendments are consistent with the General Plan; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider a request to modify Figure 7 of Section E Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1 was issued in accordance with applicable law; and WHEREAS, on November 27, 2002 a public hearing on the request to modify Figure 7 of the ' Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on November 27, 2002,the request to modify Figure 7 of the Design Concept-Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1 was continued to be heard on December 11, 2002; and WHEREAS, on December 11, 2002 a public hearing on the request to modify Figure 7 of the Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residentidland use in Parcel 1 was held, by the Planning Commission in accordance with applicable law; and WHEREAS, on December 11, 2002,the request to modify Figure 7 of the Design Concept-Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1 was continued to be heard on December 17, 2002; and WHEREAS, additional notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the request to modify Figure 7 of the Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 1,5 and to remove the residential land use in Parcel 1 was given in accordance with applicable law; and WHEREAS, on December 17, 2002 a public hearing,to consider the request to modify Figure 7 of the Design Concept- Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and , to remove the residential land use in Parcel 1 was held by the Planning Commission in accordance with applicable law; and Resolution 20515 Page 2 WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider a request to modify Figure 7 of Section E Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1 was issued in accordance with applicable law; and WHEREAS, on December 18, 2002 a public hearing on the request to modify Figure 7 of the Design Concept - Resort Facilities to remove golf as a land use in Parcels 10, 11, and 15 and to remove the residential land use in Parcel 1 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act(CEQA), the City Council finds that: a. The proposed Specific Plan Amendments are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration(MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the FEIR, MND, and current ' environmental assessment for Case No. 5.0932 - PD-280 adequately address 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 Specific Plan #1 Amendments and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declarations. The City Council further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project' Section 2: The proposed amendment to the Specific Plan text is internally consistent with the goals, policies, and objectives of the General Plan and will result in conformity of the project with the General Plan. The proposed revision of Specific Plan #1 to revise Figure 7 of Section E Design Concept-Resort Facilities will allow the reconstruction of the golf course. Golf will be located in Parcels 1, 6, and 8. Section 3: The revision to Figure 7 of Section E bythe Specific Plan Amendment is appropriate to the area and will benefit the subject property as well as surrounding properties and that it is consistent with the Specific Plan Planning Area Map(SP-1, Figure 19). Section 4: Revising Figure 7 of Section E to remove the golf land use from Parcels 10, 11, and 15 and removing the residential land use from Parcel 1 is consistent with Specific ' Plan #1 and the General Plan as amended herein. Resolution 20515 Page 3 Section 5: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club Judgement, the City Council finds that the proposed project is consistent with the developable boundary established in the agreement. The developable boundary is described in the agreement as the area that is 291 feet east of, and parallel to, the westerly boundary of Section 36, Township 4 South, Range 4 East, and referred to as the "Limited Golf Area". The proposed plan is showing the limited golf area as a portion of the 121" hole including a golf cart path. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby orders the filing of a Mitigated Negative Declaration and approves the amendment to Specific Plan #1 as shown in Exhibit A. ADOPTED this 18th day of December 2002. AYES: Members Hodges, Mills, Oden, and Mayor Kleindienst NOES: None ABSENT: Member Reller-Spurgin ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk �,�►//fJCiity Manager Reviewed and Approved as to Form: /Ill`s gD03 d ry D N A O � h O �Sl�C Ni NI r 0 KD f R) oO [ rrtl r`VJ L---- - .LAND USE INDEX ci \ ------� O RESIDENTIAL ---------------ems--- — Acanto Drive HO HOTEL/COMMERCIAL CANYON PARK RESORT & SPA-PROJECT AREA BOUNDARY O GOLF COURSE ---- SPECIFIC PLAN AREA BOUNDARY -- .OPEN SPACE . E EMPLOYEE/low mod o HOUSING SPECIFIC PLAN AREA LAND USE —' REVISED JULY 12, 2002 CONCrAT DEVELOPMENT PLAN LAND USE LA EXHIBIT A Figure 7 PROPOSED SPECIFIC PLAN AMENDMENT