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HomeMy WebLinkAbout20516 - RESOLUTIONS - 12/18/2002 RESOLUTION NO. 20516 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVING CASE NO 5.0932-PD-280, SUBJECT TO THE CONDITIONS STATED, FOR THE RECONSTRUCTION AND EXPANSION OF THE EXISTING CANYON SOUTH GOLF COURSE ON 152 ACRES LOCATED AT 1097 MURRAY CANYON DRIVE, ZONE W, W-R-1-13, SP-1, SECTIONS 35 AND 36. WHEREAS, the Agua Caliente Development Authority(the"Applicant")has filed an application for Case No. 5.0932 - PD-280 for the redesign and reconstruction of the existing Canyon South Golf Course on 152 acres located at 1097 Murray Canyon Drive, Zone W, W-R-1-B, SP-1; and WHEREAS,A Final Environmental Impact Report(FEIR)was prepared for the Canyon Park Resort and Spa Specific Plan (SP-1) and was certified and adopted by the City Council on July 19, 1991, and an Environmental Assessment(Mitigated Negative Declaration)was certified and adopted on January 19, 1994 in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; and WHEREAS, said applications were submitted to appropriate City Departments for their review;and WHEREAS,said comments and requirements have been duly considered and are reflected herein; and ' WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0932 - PD-280 was given in accordance with applicable law; and WHEREAS, on November 27, 2002 a public hearing,to consider Case No. 5.0932 - PD-280 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on November 27, 2002, Case No. 5.0932 - PD-280 was continued to be heard on December 11, 2002; and WHEREAS, on December 11, 2002 a public hearing to consider Case No. 5.0932 - PD-280 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on December 11, 2002, Case No. 5.0932 - PD-280 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 Case No. 5.0932 - PD-280 was given in accordance with applicable law; and WHEREAS, on December 17, 2002 a public hearing to consider Case No. 5.0932 - PD-280 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider ' Case No. 5.0932 - PD-280, was given in accordance with applicable law; and Resolution 20516 Page 2 ' WHEREAS, on December 18, 2002, a meeting on the application for Case No. 50932 - PD-280 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act("CEQA"), and an Environmental Assessment has been prepared forthis project and has been distributed for public review and comment 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 assessment prepared forthe project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, Case No. 5.0932 - PD-280 is 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 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 environment effect for the proposed project. The City Council has independently reviewed and considered Case No. 50932 - PD-280 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 the decision'reflects its independent judgement. Section 2: The City Council finds that 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 and MND. The current project is a proposal for the redesign and reconstruction of the existing Canyon South Golf Course, which is the same project analyzed in the original Final Environmental Impact Report and the MIND. Since the potential for impacts is the same, there is no need for further environmental review. Section 3: The City Council finds that 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. The City Council finds that the scope of the golf course has not changed and therefore the potential for impacts is the same as what was analyzed in the certified Final Environmental Impact Report and MND. Section 4: 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 Z Resolution 20516 Page 3 as the "Limited Golf Area". The proposed plan is showing the limited golf area as ' a portion of the 12" hole including a golf cart path. Section 5: Pursuant to Section 94.03.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance and SP-1. The proposed Planned Development District will facilitate the modernization of the existing golf course to current standards. The Specific Plan is to be implemented via Planned Development District and subdivision maps, therefore, the PD is the appropriate land use review for this development. b. The use is necessary or desirable forthe development of the community, is in harmonywith the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed reconstruction of the existing golf course is internally consistent with the General Plan,zoning designations,and land use designations in SP-1. Specifically,the golf course is located within Planning Area 1 as shown on Figure 19 Specific Plan Planning Area Map in Sp-1. Planning Area 1 is designated as a golf and residential area. The subject property is the intended golf course area. The golf course will not involve any ' expansion beyond what is already existing. The project will make up a portion of the overall Canyon Park Resort and Spa Specific Plan and will therefore be compatible with existing and future uses in the zone. Any land use or biological impacts are fully disclosed in the Environmental Assessment. C. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The applicant is proposing the redesign and recoristruction of the existing Canyon South Golf Course, located at 1097 Murray Canyon Drive.The property is zoned W and W-R-1-B with an overlay of Specific Plan - 1 (SP-1). The project site is the Canyon South Golf Course with 7 acres of vacant desert lands on the northeast edge of the golf course. The proposed redesign and reconstruction of the golf course will not exceed the limits set out in the Specific Plan. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the property will be from an existing entrance on Murray Canyon Drive. Existing improvements consist of a 2-lane divided, striped roadway. Circulation on the golf course consists of golf cart paths. There will be no impacts to traffic and circulation as the proposal does not involve expansion beyondlthe existing golf course. Resolution 20516 Page 4 ' e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders filing of a Mitigated Negative Declaration and approves Case No. 5.0932-PD-280, subject to those conditions set forth in the attached 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 �mdiity manager Reviewed and Approved as to Form: L � � Resolution 20516 Page 5 EXHIBIT A ' Case No. 5.0932 - PD-280 1097 Murray Canyon Drive December 18, 2002 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval ' of the City of Palm Springs, its legislative body; advisory agencies, or administrative officers concerning Case 5.0932 - PD-280. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first ' class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having Resolution 20516 Page 6 ' jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The Agua Caliente Development Authority shall acquire in fee, lease, or easement for the property along the east side of the project, which is currently owned by Palm Canyon, LLC. 5. The mitigation measures of the environmental assessment shall apply and the Mitigation Monitoring Program is approved. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to initiation of site landscaping. 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the initiation of site landscaping. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 9. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. ' 10. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 11. Separate architectural approval and permits shall be required for all signs. 12. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Design Review Committee and Planning Commission prior to the issuance of building permits. Manufacturer's put sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings,down-lights shall be utilized.A photometric study shall be required for all parking areas, driveways and entries. 13. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan and City Council Resolution No. 18273 certifying the negative declaration for the General Plan Amendment and amendment to the Canyon Park Resort and Spa Specific Plan #1 for specific details. All mitigation measures,where applicable, shall be adopted as conditions of approval. Resolution 20516 Page 7 14. All provisions of the Sierra Club and Andreas Palms Judgement filed with the Riverside ' County Clerk on August 18, 1993 shall apply to this project including but not limited to: a. The golf course shall not exceed the development limits as set forth in Exhibit B-1. b. Equestrian easements along the Palm Canyon Wash will be required to ensure ongoing equestrian access to the Wash. Open space easements shall be provided for undeveloped portions of the Palm Canyon Wash. All easements shall be granted to the City and shall comply with the Stipulated Judgement, and shall allow public use and access of these areas. c. A new equestrian ramp shall be constructed at the northeast corner of the property as set forth in Exhibits D and D-1. d. The area within Section 36 that is east of a line that is 291 feet east of, and parallel to, the westerly boundary of Section 36, Township 4 South, Range 4 East, consisting of approximately 29.5 acres, as set forth in Exhibits B and B-1 (i.e. Eastern Restricted Area) shall be surveyed and fenced off prior to initiation of site grading in the area. e. The area within Section 36 that is west of a line that is 291 feet east of, and parallel to, the westerly boundary of Section 36, Township 4 South, Range 4 East, as set forth in Exhibits B and B-1 (i.e. Limited Golf Area) shall be staked and surveyed prior to construction. f. Palm Canyon Wash shall not be used as a haul route. g. Flood control construction work for Palm Canyon Wash shall be limited to the period from ' May 1 to November 1. Interim equestrian trails to provide passage to existing trails shall be provided during construction. 15. Landscaped areas adjacent to South Palm Canyon Drive and Bogert Trail shall be re- evaluated for adequate screening, boulder placement, plant materials, and compatibility with approved landscape plans located to the south. 16. Landscape and irrigation plans for areas adjacent to Murray Canyon Drive, including embankment shall be re-evaluated, in particular, the use of hydro-seed instead of one (1) gallon shrubs. 17. The hydro-seed mix for the area adjacent to the Palm Canyon Wash shall be evaluated by the project biologist and the use of overhead spray irrigation shall be reconsidered. Native shrub and tree plantings with temporary drip or bubbler irrigation are suggested to reduce weed overgrowth. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the ' satisfaction of the City Engineer. Resolution 20516 Page 8 ' SANITARY SEWER 1. The existing sanitary sewer main(s) traversing the golf course shall be protected in place. GRADING 2. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 3. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10(dust control)Plan shall be submitted to and approved by the Building Department prior to approval of the grading plan.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Hydrology Study/Report. F. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 4. Developer shallobtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 5. In accordance with City of Palm Springs Municipal Code, Section 8.50.05(c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 6. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 7. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a ' clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from Resolution 20516 Page 9 that office prior to the issuance of the City grading permit.The California Department of Food ' and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760- 776-8208) DRAINAGE 8. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure. On-site retention/detention or other facilities approved by Riverside County Flood Control and Water Conservation District (RCFC)and the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study for review and approval by(RCFC)to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage facilities, and to determine required stormwater runoff mitigation measures for this project. The base flood elevation (BFE) in the Palm Canyon Wash should not be impacted by more than a one foot rise of additional flood water. RCFC permits shall be required prior to issuance of grading permits or commencement of grading. 9. This property is in Federal Insurance Rate Map(FIRM)zone A, AO(1),A6, and A7 and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 10. Prior to issuance of grading permits, for portions of the site in the Palm Canyon Wash, the developer shall obtain a 404 Permit and a 1603 Agreement (if required by law) and shall implement all mitigation measures called for in said documents at the appropriate time to mitigate the project's impacts on Waters of the United States.The eastern slope of the Palm Canyon Wash shall not be disturbed. 11. The developer may, upon approval of the grading and drainage plans by the Riverside County Flood Control District and the City of Palm Springs, request issuance of a grading permit for all areas other than those requiring a 404 and/or 1603 permit, as stipulated in Engineering Condition #10, above, and begin grading of the existing golf course. No disturbance of the areas subject to 404 and/or 103 permits shall be disturbed prior to approval of said permits by the U.S. Army Corps of Engineers and the California Department of Fish and Game, respectively. GENERAL 12. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 13. Tertiary treated wastewater shall be used for irrigation for common area landscaping,the golf course and those man-made lakes and ponds not intended for direct human water recreation such as wading and swimming if made available to the site by the Desert Water Agency (DWA). Use of reclaimed water in other landscaping is encouraged. A service agreement shall be entered into with DWA prior to issuance of grading permits and a copy of same shall ' be provided to the Department of Planning and Zoning. Resolution 20516 Page 10 14. A golf cart circulation system shall be provided within the Planned Development and plans shall be submitted to the Department of Planning and Zoning for review and approval. 15. That a lot line adjustment may be required for the fee properties located on the eastside of the proposed golf course whereby one golf course lot is created for fee land. This condition does not affect the existing leasehold interest golf course property.