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HomeMy WebLinkAbout20639 - RESOLUTIONS - 6/18/2003 RESOLUTION NO. 20639 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA COMMENTS AND RECOMMENDATIONS ON THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT PLAN WHEREAS, the City Council has reviewed the proposed Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (National Monument Act) and the Draft Santa Rosa and San Jacinto Mountains National Monument Plan and Environmental Impact Statement (National Monument Plan); and WHEREAS, the City Council has determined that the proposed National Monument Plan affects extensive areas within the City of Palm Springs including, but not limited to, mountainous property, alluvial fans, and valley floor; and WHEREAS, the City's General Plan has identified biological, scenic, and other environmental resourceswithin and adjacenttothe Santa Rosa and San Jacinto Mountains, which resources are a vital part of the City's world-wide reputation and appeal as a resort destination, and whose protection is vital to the City's future; and WHEREAS, the City has, by its own actions, acquired and set aside for preservation, conservation and recreational purposes more than 3,000 acres of land within the boundaries of the National Monument; and WHEREAS, the City had a hillside zoning category for more than 20 years only allowing one unit per 20 acres, and has restricted development to protect hillside lands which form the City of Palm Springs urban growth limits adjacent to the San Jacinto Mountains; and WHEREAS, the City of Palm Springs has approximately 51 square miles of territory within and immediately adjacent to the boundaries of the National Monument, which is approximately 55% of the City, and is the municipality most affected by the proposed National Monument Plan; and WHEREAS, the City has approved certain resort development projects which have been in the planning process for more than ten years and is currently processing development permits for proposed projects which take advantage of the scenic and recreational opportunities of their sites and embody extensive environmental mitigation measures and which projects are a vital part of the City's economic future as a world-wide tourism destination; and WHEREAS, some persons have owned land with the National Monument boundary for many years, and their rights to develop this property have been specifically protected in the ' National Monument Act; and WHEREAS, the City Council is concerned that the National Monument Plan as proposed may have a significant impact on the City's economic future and on private property rights, and that prior to approval of the National Monument Plan certain changes must be made; and Page 2 1 WHEREAS, the City Council desires to work with the Bureau of Land Management to craft a National Monument Plan which offers significant protection of natural resources, enables public use of hiking and equestrian trails, and allows prudent and reasonable use of private lands for economic development; and WHEREAS, the City Council has held a public meeting on June 18, 2003 for the purpose of receiving public comment and reviewing the proposed National Monument Plan. NOW, THEREFORE, BE IT RESOLVED by the City of Palm Springs, California that it recommends that the proposed National Monument Boundary Plan be amended to include the recommendations contained in Exhibit A. NOW BE IT FURTHER RESOLVED by the City Council that the City Manager and City staff are to work with the Bureau of Land Management to craft a National Monument Plan which is consistent with the recommendations of the City Council of the City of Palm Springs. ADOPTED this 18thday of June 2003. AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSTAIN: None 1 ABSENT: Members Hodges and Mills ATTEST: CITY OF PALM SPRINGS, CALIFORNIA :Aler City Manager Reviewed and Approved as to Form:' 1 Resolution 20639 Page 3 Exhibit A ' City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: ES -3 The CVMSHCP will designate habitat conservation areas and establish a review 13 process for issuance of take permits. Urban development may be permitted within preserve areas subject to findings. The portion of this paragraph stating "facilitating urban development outside the reserve system" should be revised accordingly. Revise pages 1-4. ES - 4 Planning Criteria. The provision which clearly states that the plan does not affect private property needs to be added to this Section. See Section 2 (5) and (6) and Section 3 (C) and (E) of the SRSJMNM Act of 2002. This was a key issue in establishing this National Monument. See page 1:3, paragraph 3. ES - 9 General Plans developed by...Municipalities—A statement clarifying that the National 14 Monument Plan will have no force and effect on private land and that Municipal General Plans will not be affected by the National Monument Plan needs to be added to the Plan. Current language in the text implies that this is the case but clarification ' is needed. ES- 15 Preferred Plan: Biological Resources—Monitoring Program—Add "local agencies" to the second sentence. The City of Palm Springs owns approximately 3,000 acres in the Santa Rosa and San Jacinto Mountains and should be involved in monitoring and implementation programs. ES - 21 Support hang gliding prohibition. ES - 22 Support ban on recreational paint ball in National Monument. ES-27 The City supports ongoing efforts to evaluate and debate the issue of dog restrictions on trails within PBS environmental habitat. Any restrictions and/or closures must be based upon documented adverse impacts and ongoing monitoring is a preferred management strategy until sufficient information is available. Any restrictions or prohibitions should be limited to those absolutely necessary to protect PBS. ES - 28 Support Alternative B ES - 30 The Strategic Recreation Plan should be based upon a primary premise that recreation, including hiking, equestrian, and other outdoor experiences, are the most important element of the National Monument. Any restrictions upon such recreation activities must be based upon documented monitoring of biological conditions. Any restrictions or prohibitions should be limited to those absolutely necessary to protect Peninsular Bighorn Sheep. These comments are also made regarding Pages 2-21 and 2-22. ' Page.4 . .. ' Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: ES - 35 Management Visitation...Private Property Concerns. The City supports ongoing voluntary collaborative efforts provided the BLM, in its decision-making process, underscores the fact that the management plan does not affect private lands. ES-36 Management of Visitation...Facility. Add a section which designates and encourages cooperative efforts and joint use facilities such as the Palm Springs Visitors Center. The City would prefer an even stronger statement, possibly a Specific Plan option similarto the Highway 74 Statement. The Highway 111, Palm Springs Visitors Center, may be the best opportunity to showcase the National Monument in the Coachella Valley. Future funding,and grant opportunities should be supported by a strong policy statement. ' ES - 39 Acquisition Strategy Criteria. The City of Palm Springs General Plan designates several areas within the Plan boundaries which are planned for urban development. Additionally, several of these areas have approved, private development or development permits which are currently being reviewed. These development areas are either private land or within the ACBCI reservation. Development potential in these areas was made known during the National Monument legislative process and contributed to the,strong statement that the National Monument does not affect private land. The Plan needs to recognize this condition and the Plan should not be allowed to be used as a vehicle or tool to interfere in any way with private land and private development opportunities which are consistent with local or county plans and programs. ES - 53 Scenic Resources. The Plan should acknowledge that there will be private development within and adjacent to the National Monument. This Section should include a statement that any such effect upon National Monument Scenic Resources are not covered, addressed, or regulated in any manner by the Plan. ES-62 BLM Land Tenure:Acquisition Criteria. Add to the end of#2 the following: "...and that acquisitions be consistent with the local agency's General Plan." 1 -7 1.D.1. Planning Criteria from the National Monument Legislation. See comments for page ES -4. Add this information into this Section. Page 5 Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: 1 — 11 The National Monument Act requires adequate access to non-federally owned land and further requires providing property owners reasonable use and enjoyment. ` Additionally, access for governmental services such as fire control, code enforcement, and monitoring need to be ensured. The National Monument Plan should include policies and programs to reopen Dunn Road to meet the intent of the National Monument Plan and for governmental services. Acquisition of rights of way to ensure that Dunn Road is reopened (closed in 2000) should be added to the Plan. As currently drafted, the Plan does not provide sufficient protection for the public to experience and enjoy recreational resources contained in the National Monument and adequate provisions for governmental and private property owner access to lands within the National Monument. 2 -28 Management of Visitation, Facilities, Safety, and Uses — Private Property Concerns —Preferred Plan. The National Monument Plan needs to acknowledge and address ' private property development rights. The City General Plan allows private development within the boundaries of the National Monument. Areas where development is planned within the National Monument include the Northern Santa Rosa Mountains and the lower elevations of the San Jacinto Mountains including Chino Canyon. A new strategy should be added to this Section which clearly states the intent of Section 2 (5) and (6) and Section 3 (C) and (E) of the SRSJMNM Act of 2002. This new section needs to clearly state the rights of municipalities and private land owner to develop private lands within and adjacent to the National Monument. 2 - 30 Add a new section "Management of Visitation, Facilities, Safety, and Uses —Visitor Use with Regard to Highway 111" — Highway 111 between I-10 and Tram Way provides access to the desert floor and one of the most dramatic views of the National Monument. Opportunities for signage,visitor facilities, and other programs including cooperative grants with local, city, and transportation agencies should be considered. There is an opportunity to utilize and expand upon the new Palm Springs Visitors Center located at Highway 111 at Tram Way. 2 - 34 2.13.10. Acquisition Strategy — Preferred Alternative (2). The National Monument legislation included specific references to development opportunities and potential. This Section needs to soften its tone(threat level)to meet the intent of the legislation. 2 - 82 3.Q. Socio-Economic Considerations — This Section should address private lands within the National Monument and the likelihood that they may be developed. The City of Palm Springs General Plan calls for development within several areas of the National Monument and areas immediately adjacent. The attached project , descriptions and location maps are provided to assist BLM/USFS in preparing the additions to the Plan. Page 6 ' Exhibit A City of Palm Springs Santa Rosa and San Jacinto Mountains National Monument Plan and Draft Environmental Impact Report Comments and Recommendations Page: Comments: 2 - 28 Management of Visitation, Facilities, Safety, and Uses— Private Property Concerns —Preferred Plan. The National Monument Plan needs to acknowledge and address private property development rights. The City General Plan allows private development within the boundaries of the National Monument. Areas where development is planned within the National Monument include the Northern Santa Rosa Mountains and the lower elevations of the San Jacinto Mountains including Chino Canyon. A new strategy should be added to this Section which clearly states the intent of Section 2 (5) and (6) and Section 3 (C) and (E) of the SRSJMNM Act of 2002. This new section needs to clearly state the rights of municipalities and private land owner to develop private lands within and adjacent to the National Monument. 2 - 30 Add a new section "Management of Visitation, Facilities, Safety, and Uses —Visitor Use with Regard to Highway 111" — Highway 111 between 1-10 and Tram Way provides access to the desert floor and one of the most dramatic views of the National Monument. Opportunities for signage, visitor facilities, and other programs including cooperative grants with local, city, and transportation agencies should be considered. There is an opportunity to utilize and expand upon the new Palm Springs Visitors Center located at Highway 111 at Tram Way. 2 - 34 2.B.10. Acquisition Strategy — Preferred Alternative (2). The National Monument legislation included specific references to development opportunities and potential. This Section needs to soften its tone(threat level)to meet the intent of the legislation. 2 - 82 3.Q. Socio-Economic Considerations — This Section should address private lands within the National Monument and the likelihood that they may be developed. The City of Palm Springs General Plan calls for development within several areas of the National Monument and areas immediately adjacent. The attached project descriptions and location maps are provided to assist BLM/USFS in preparing the additions to the Plan. 4 - 73 Population Trends and Tourism Growth and Impacts to Resources. This Section should be expanded to specifically reference proposed and approved projects located within and adjacent to the National Monument boundary. As currently written, the document does not disclose future development opportunities located on private property. This Section should also conclude that the National Monument Plan has no effect on private property and future development potential. Attachments: 1. Palm Hills Specific Plan 2. Shadow Rock Specific Plan 3. Canyon Specific Plan 4. Mountain Falls Specific Plan