Loading...
HomeMy WebLinkAbout20761 - RESOLUTIONS - 10/15/2003 RESOLUTION NO. 20761 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTS -TO THE GENERAL PLAN LAND USE ELEMENT SO AS TO: (A) AMEND POLICY 3.30.14 MID-VALLEY CENTER, RENAMING THE POLICY"INDIAN OASIS RESORT',AND TO INCREASE THE ALLOWABLE BUILDING HEIGHT FROM ONE-HUNDRED (100) FEET TO ONE-HUNDRED THIRTY(130)FEET FORTHE RESORT HOTEL ONLY, TO AMEND THE LAND USE DIAGRAM FOR A PORTION OF THE PROJECT ADJACENT TO EXISTING CONDOMINIUM USES TO ALLOW RESIDENTIAL USES (TIMESHARE/CONDOMINIUMS), LOCATED AT THE INTERSECTION OF CROSSLEY ROAD AND MESQUITE AVENUE (MID VALLEY PARKWAY),ZONE M-1 I.L., W-IM-1 I.L., AND W-O, SECTION 20; AND (B) REDESIGNATE 5.8 ACRES OF LAND FROM L2 (LOW DENSITY RESIDENTIAL 2 UNITS/ACRE) TO L6 (LOW DENSITY RESIDENTIAL 4-6 UNITS/ACRE) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF SOUTH PALM CANYON DRIVE AND MURRAY CANYON DRIVE, ZONE R-2, SECTION 35. WHEREAS, on March 4, 2001, Ernest G. Noia, on behalf of Lawrence Joseph Bow, Leonard Charles Bow, Arthur Diaz, Jr. , Belinda Sue Short, the Indian land owners (collectively referred to as the "Applicant') filed an application with the City pursuant to Section 9403.00 for a Planned Development District for a 500 room resort hotel, 200 vacation units, 500,000 square feet of retail/commercial, office and business park uses, an 18 hole golf course and support facilities, and General Plan Amendments to: 1) remove the Palm Spring Bypass transportation corridor from the Circulation Map; 2) delete the extension of Mesquite Avenue east of the Mid Valley Parkway from the Circulation Map; 3)modify Policy 3.30.1 with the addition of text;4)add Policy 3:30.14"The Mid Valley Center" to the General Plan; and 5) add a footnote to General Plan Land Use Density and Intensity Table (Page 1-27), Land Use, Commercial/ Industrial, BI - Business/Industrial; and WHEREAS, the proposed development was considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Initial Study and Mitigated Negative Declaration was prepared for this Project and was distributed to the State Clearinghouse and responsible agencies and other interested parties for public review and comment in accordance with Section 21092(b)(1)of the California Public Resources Code (the California Environmental Quality Act); and WHEREAS, an Initial Study was prepared for the project which evaluated the potential environmental impacts of the General Plan Amendment; and 1 � j < Resolution 20761 Page 2 WHEREAS, the Initial Study was provided to the State Clearinghouse and assigned Number # 2001051117; and WHEREAS, the State Clearinghouse provided the Initial Study to the fourteen relevant state agencies,including but not limited the State Department of Conservation, State Department of Fish and Game, State Resources Agency, State Lands Commission; and WHEREAS, the State Department of Conservation, State Department of Fish and Game„ State Resources Agency, State Lands Commission, upon receipt and review of the Initial Study and related environmental documents, did not provide written comment on this project; and WHEREAS, the Initial Study concluded that although the project has the potential to have a significant: effect on the environment that the project will not have a significant impact on the environment because of the proposed mitigation measures; and WHEREAS, the Initial Study adequately described the potential environmental impacts of the project; and WHEREAS, following preparation of the Initial Study, the public, including environmental groups had the opportunity to file objections and no such objections were filed; and WHEREAS,the Planning Commission and City Council held public hearings on June 20,2001 and July 5, 2001 respectively, to solicit written and public comments on the Initial Studies; and ' WHEREAS, there were no objections to this proposed project, its environmental impact including but not limited to impacts to Coachella Valley Milk Vetch and sand transport; and WHEREAS, pursuant to the National Environmental Protection Act (NEPA) an Environmental Assessment (EA) was prepared by the Bureau of Indian Affairs (BIA), a trustee agency for the Agua Caliente Band of Cahuilla Indians and the individual Indian allottees; and WHEREAS,the BIA prepared the EA to address the impacts to an approximately 270 acre project, located on the Agua Caliente Band of Cahuilla Indians reservation; and WHEREAS, the BIA on August 16, 2001 determined that the proposed federal action to approve the Agua Caliente Band of Cahuilla Indians request for a lease,does not constitute a major federal action; and WHEREAS,the BIA on August 16,2001 the BIA determined that the proposed federal action would not significantly affect the quality of the environment within the meaning of NEPA; and WHEREAS, the BIA on August 16, 2001 the BIA determined that the Finding of No Significant Impact (FONSI) was appropriate and that an Environmental Impact Statement was not required; and WHEREAS, as part of the BIA's issuance of a FONSI, the public, including environmental groups had the opportunity to file objections and no such objections were filed; and 2 ( Up 1ULIVI1 6VIV1 Page 3 WHEREAS, the Agua Caliente Band of Cahuilla Indians, a federally recognized Sovereign Nation ' has authority to administer environmental; laws, including NEPA, within the boundaries of the the the Agua Caliente Band of Cahuilla Indians reservation; and WHEREAS, the City and the the Agua Caliente Band of Cahuilla Indians have entered into a number of agreements, including Tribal Council/City Agreement No. 1324 and approved Supplemental Agreements #1-5, a land use contract for the processing of development entitlements,including environmental review and approvals,for certain lands within the reservation, whereby the City provides planning, engineering and building administrative services; and WHEREAS, the the Agua Caliente Band of Cahuilla Indians has final land use authority overt all land use issues within the reservation, including but not limited to ; and WHEREAS,the Environmental Assessment concluded that although the project has the potential to have a significant effect on the environment that the project will not have a significant impact on the environment because of the proposed mitigation measures; and WHEREAS,the BlAdetermined the Environmental Assessment adequately described the potential environmental impacts of the project; and WHEREAS, pursuant to the National Environmental Protection Act (NEPA) consultation with the appropriate federal agencies occurred, including FWS; and WHEREAS, in April 2001, the Tribal Council of the Agua Caliente Band of Cahuilla adopted the , Tribal Habitat Conservation Plan (Tribal HCP) for the Agua Caliente Reservation; and WHEREAS, the project was reviewed for conformity with approved Tribal HCP; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for the Project was published in the Desert Sun newspaper and provided to adjacent property owners in accordance with applicable law; and WHEREAS,the Planning Commission reviewed all pertinent environmental documents prior to the public hearing; and WHEREAS, on June 20, 2001, a public hearing for the Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, at the public hearing there were no oral or written objections to the project or the proposed Mitigated Negative Declaration; and WHEREAS, on June 20, 2001,the Planning Commission, in accordance with applicable law,voted to recommend that the City Council approve filing of the mitigated negative declaration and adoption of the initial study and environmental assessment relating to the proposed Case No, 5.00870, General Plan Amendments and Planned Development District 268; and WHEREAS, on July 5, 2001, a public hearing for the Project was held by the City Council in ' accordance with applicable law; and 3 Page 4 WHEREAS,pursuantto Government Code Section 66412.3,the City Council considered the effect of the Project, on the housing needs of the region in which Palm Springs is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and WHEREAS, the City Council determined that the approval of the Initial Study represented the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the City Council 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 environmental data including the initial study,the proposed Mitigated Negative Declaration,and all written and oral testimony presented; and WHEREAS, on July 5, 2001, the City Council, in accordance with applicable law, voted to file the mitigated negative declaration and adopt the Initial Study/Environmental Assessment relating to the proposed Case No. 5.00870, General Plan Amendments and Planned Development District 268; and WHEREAS, on July 6, 2001, the City of Palm Springs prepared and caused to be filed a Notice of Determination on the project with the County Clerk of the Riverside County, in accordance with state law; and WHEREAS, the Notice of Determination was not challenged on any grounds, including biological grounds; and WHEREAS, on July 6, 2001, the City of Palm Springs prepared and caused to be filed a Notice of Determination on the project and related County Administrative fee with the State of California Resources Agency, Department of Fish and Game, in accordance with state law; and WHEREAS, the Notice of Determination was not challenged on any grounds, including biological grounds; and WHEREAS, August 16, 2001, the Tribal Council of the Agua Caliente Band of Cahuilla Indians considered the BIA and FONSI and City prepared Initial Study and determined that both documents represented the balance of these respective needs in a manner which is most consistent with the Tribe's obligation pursuant to its responsibilities to protect the Tribe's public health, safety, and welfare; and WHEREAS,on August 16, 2001,the Tribal Council of the Agua Caliente Band of Cahuilla reviewed and approved the project; and WHEREAS, on May 15, 2003, Ernest G. Noia, ("Applicant"), on behalf of Leonard Bow, Lawrence Bow, Sue Short, Arthur Diaz Jr., the Indian landowners, and Mid Valley Center LP, filed an application with the City pursuant to Section 9403.00 for a revision to the Planned Development District for a 700 total maximum unit resort hotel, timeshare, vacation units, condominium hotel, casitas, condominiums/apartments, 400,000 square feet of retail/commercial, office and business 4 1[eWAULIV11 LVwI Page 5 park uses,an 18 hole golf course and support facilities, and a General Plan Amendment to:Amend ' the text of the General Plan of amend Policy 3,30.14 Mid-Valley Center, renaming the Policy "Indian Oasis Resort," and to increase the allowable building height from one-hundred (100)feet to one-hundred thirty (130) feet for the resort hotel only, to amend the land use diagram for a portion of the project adjacent to existing condominium uses to allow residential uses (timeshare/condominiums) and to consider elimination of portions of the equestrian trail from the Whitewater River; and WHEREAS, the applicants are the same applicant as the previous approved project; and WHEREAS the Applicant has filed a General Plan Amendment and a Planned Development District application with the City and has paid the required filing fees; and WHEREAS, the proposed development is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Initial Study and Mitigated Negative Declaration has been prepared for this Project and has been distributed to the State Clearinghouse and responsible agencies and other interested parties for public review and comment in accordance with Section 21092(b)(1)of the California Public Resources Code (the California Environmental Quality Act); and WHEREAS, a Summary of Hydrology was prepared by Mainiero, Smith and Associates, Inc., on April 17, 2001, which analyzed the potential hydrological impacts of the project and which developed mitigation measures specifically designed to be incorporated into this project in order to mitigate potential project related environmental impacts to a level of less than significant, and ' recommendations from the CVWD and Riverside County Flood Control and Water Conservation District have been incorporated into the conditions of approval; and WHEREAS, a Biological Assessment and Impact Analysis was prepared by James W. Cornet, on January 14, 2001, which evaluated the potential biological impacts of the project and which developed mitigation measures specifically designed to be incorporated into this project in order to mitigate potential project related environmental impacts to a level of less than significant; and WHEREAS,the Biological Assessment and Impact Analysis included an intensive plant and animal survey of the project site; and WHEREAS, the intent of the biological survey of the Biological Assessment and Impact Analysis were to determine the vascular plan and vertebrate animal species that occur on and immediately adjacent to the project site; and to ascertain thee presence of any plant or animal species state or federally listed as threatened or endangered; and to determine the presence of any plant or animal species being formally proposed for state or federal listing; and to ascertain the existence of any other significant biotic elements or communities; and to develop measures to mitigate significant adverse impacts of the project on any listed or proposed species or unique biotic elements or communities; and WHEREAS, the Biological Assessment and Impact Analysis found that the project site had been impacted by the use of off-road vehicles; and WHEREAS, the Biological Assessment and Impact Analysis found that the project site had been ' used as an illegal dump; and 5 Resolution 20761 Page 6 ' WHEREAS,the Biological Assessment and Impact Analysis found that the existing channelization of the Whitewater River and construction of the levees denuded approximately 25% of the project site; and WHEREAS, the Biological Assessment and Impact Analysis found that more than half of the site had been severely impact by human disturbances; and WHEREAS, as part of the preparation of the Biological Assessment and Impact Analysis, the California Department of Fish and Game were contacted for information regarding biological elements of the project site and concerns regarding rare, proposed or listed species; and WHEREAS, the Coachella Valley Milk Vetch was not found on the project site as part of the Biological Assessment and Impact Analysis; and WHEREAS, the Biological Assessment and Impact Analysis found that the project would result in loss of Sonoran creosote bush scrub habitat, including the native plant and animal species found onsite; and WHEREAS, the Biological Assessment and Impact Analysis found that the habitat of the project site is widespread in the southwest and therefor the loss of such habitat is not a significant negative impact to the existence of the community; and ' WHEREAS, the Biological Assessment and Impact Analysis found that the project site is an ecological island, surrounded on all sides by residential, golf course and commercial development; and WHEREAS, no suitable habitat exists downwind or downstream of the project site for which the project could provide for sand transport, because all areas downstream and downwind are fully developed with urban development; and WHEREAS, a Traffic Impact Study was prepared by Endo Engineering, in February 2001, and revised in August 2003, analyzing the potential traffic impacts of the project and which developed mitigation measures specifically designed to be incorporated into this project in order to mitigate potential project related environmental impacts to a level of less than significant; and WHEREAS, an Air Quality and Noise Impact Study was prepared by Endo Engineering, on February 2001, analyzing the potential air quality and noise impacts of the project and which developed mitigation measures specifically designed to be incorporated into this project in order to mitigate potential project related environmental impacts to a level of less than significant; and WHEREAS, an Identification and Evaluation of Historic Properties,was prepared by CRM TECH, on January 11, 2001, analyzing the potential impact of the on historical and cultural resources in the area and which developed mitigation measures specifically designed to be incorporated into this project in order to mitigate potential project related environmental impacts to a level of less than significant; and ' WHEREAS, the Initial Study prepared for the project evaluated the potential environmental impacts of the project and concluded that although the project has the potential to have a 6 Resolution 20761 Page 7 significant effect on the environment that the project will not have a significant impact on the ' environment because of the proposed mitigation measures; and WHEREAS, the Initial Study adequately describes the potential environmental impacts of the project; and WHEREAS, the BIA Environmental Assessment and subsequent FONSI was based upon the aforementioned technical reports, with the exception of the revised traffic study; and WHEREAS, following preparation of the Initial Study, the public, including environmental groups had the opportunity to file objections and no such objections were filed; and WHEREAS, the physical conditions have not been altered :since 2001 and the project site is physically the same site upon which the project was approved in 2001; and WHEREAS, the scope of the project is nearly identical to the project which was approved in by the City, the Tribal Council of the Agua Caliente Band of Cahuilla in 2001; and WHEREAS, in 2001 the Sierra Club and Center for Biological Diversity did not submit any written or oral opposition to the project in 2001; and WHEREAS, the letter prepared by the Sierra Club and Center for Biological Diversity, is late, untimely and addresses issues which have been fully and publically reviewed by the BIA, City and Tribal Council; and ' WHEREAS, a significant controversy does not exist regarding the findings and conclusions of the Initial Study and Environmental Assessment; and WHEREAS, on October 7, 2003, the Tribal Council of the Agua Caliente Band of Cahuilla Indians determined that the approval of Environmental Assessment represented the balance of these respective needs in a manner which is most consistent with the Tribe's obligation to protect the Tribe's public health, safety, and welfare; and WHEREAS, the Tribal Council of the Agua Caliente Band of Cahuilla Indians carefully reviewed and considered all of the evidence presented in connection with the Project, including but not limited to the staff report, all environmental data including the Environmental Assessments (City and BIA's), and all written and oral testimony presented; and WHEREAS, the Tribal Council of the Agua Caliente Band of Cahuilla Indians has reviewed the proposed project and recommended the inclusion of biological and cultural mitigation measures, which have been incorporated into the mitigation program; and WHEREAS, the Tribal Council of the Agua Caliente Band of Cahuilla recommended that the Valley Floor Conservation Area (VFCA) Mitigation Fee for this project is $800 per acre and shall be paid prior to issuance of a building or grading permit by the City of Palm Springs; and WHEREAS, the Tribal Council of the Agua Caliente Band of Cahuilla recommended that prior to any ground or habitat disturbing activities, pre-construction surveys shall be completed by the ' project proponent to determine the presence of burrowing owl, and if present burrowing owls shall 7 Resolution 20761 Page 8 be excluded from burrows in the development envelope and within an appropriate buffer zone by installing one way doors in burrow entrances or other technique as deemed appropriate, and that, if present occupied burrows shall not be disturbed during the nesting season unless a qualified biologist verifies that birds have not begun laying eggs orjuveniles are foraging independently;and WHEREAS, the Tribal Council of the Agua Caliente Band of Cahuilla recommended that a cultural resource monitor be present during all ground disturbing activities and that should buried deposits be encountered, construction be halted; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for the Project was provided to adjacent property owners in accordance with applicable law; and WHEREAS, the proposed project is similar to a project previously approved in 2001; and WHEREAS,the Planning Commission reviewed all pertinent environmental documents prior to the public hearing; and WHEREAS, on October 8, 2003, a public hearing for the Project was held by the Planning Commission in accordance with applicable law; and WHEREAS,pursuant to Government Code Section 66412.3,the Planning Commission considered the effect of the Project, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and ' environmental resources; the approval of the proposed Planned Development District represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the Planning Commission voted to recommend that the City Council file a mitigated negative declaration and found that the Initial Study fully disclosed the potential environmental effects of the project; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for the Project was published in the Desert Sun and provided to all adjacent property owners located within 400 feet of the project site in accordance with applicable law; and WHEREAS,the City Council has reviewed all pertinent environmental documents priorto the public hearing; and WHEREAS, on October 15, 2003, a public hearing for the Project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the Project, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed Planned Development District represents ' the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and 8 Kesomimn zujui Page 9 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 environmental data including the initial study,the proposed Mitigated Negative Declaration,and all written and oral testimony presented. WHEREAS, an application has been initiated by the City of Palm Springs, Hollyhills Development, and Palm Canyon Townhomes, LLC(the"applicant")has filed Case 5.0966 for a General Plan Map Amendment to; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case Nos. 5.0870 and 5.0966, requests to amend the General Plan Land Use and Circulation Elements, was given in accordance with applicable law; and WHEREAS, on August 13, 2003 a public hearing to consider Case 5.0966, request to amend the General Plan Land Use Element, was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 8, 2003, public hearing to consider Case 5.0870, request to amend the General Plan Land Use and Circulation Element, was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Case Nos. 5.0870 and 5.0966, requests to amend the General Plan Land Use and Circulation ' Elements, was given in accordance with applicable law; and WHEREAS, on October 15, 2003 a public hearing to consider Case Nos. 5.0870 and 5.0966, requests to amend the General Plan Land Use and Circulation Elements, was held by the City Council in accordance with applicable law; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act, an Environmental Assessment has been prepared for this 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 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 CEQA and with regards to associated Case 5.0870 (Indian Oasis Resort), the City Council finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project (including the proposed General Plan Amendment, PD-268,Tentative Parcel Map, ' and Tentative Tract Map), and that, on the basis of the initial study and comments received during the public review process there is no substantial evidence that there 9 Resolution 20761 Page 10 ' will be any new significant adverse environmental effects as a result of the approval of this project because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to a point where clearly no new significant environmental effects will occur as a result of the project. The City Council further finds that the Negative Declaration reflects its independent judgement and that the Negative Declaration adequately covers the current project proposal such that no new additional impacts will result. With regards to associated Case 5.0966, the South Palm Canyon Drive GPA, pursuant to CEQA,the City Council finds that the current environmental assessment for Case No. 5.0966 GPA adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. 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 text addition to the Indian Oasis Resort (formerly MidValley Center) of the General Plan is to allow for an additional increase in the building height for the resort hotel component up to 130 feet. The General Plan and Zoning Code already contain provisions for buildings up to 100 feet in height on Indian Land. ' These provisions have been limited to areas that are designated Residential High 43/21 on the City's General Plan ("Land Use Density/Intensity Matrix", pp. 1-26/27, Palm Springs General Plan). Rather than request a modification to the land use diagram,the City has chosen to limit the application of the increased building height to the resort component on this development and only within this development. The allowance for building height is specifically limited to the subject property in the General Plan by General Plan Policy 3.30.14, that deals only with the subject property. This method has the least impact to other City policies and land uses and has been selected as being the most conservative and sensitive to the surrounding uses and other land use patterns. The concept of adopting site specific General Plan policies has also been used for the Palm Springs Classic, and other sites. In addition to the building height modification, the Indian Oasis Resort section will also include language allowing the future development of timeshare and residential uses in the southeast quadrant only (south of Mesquite Avenue and east of Crossley Road). The proposed General Plan Amendments would meet the City and project goals by providing a mixed-use resort, residential and recreational development. The economic impacts of the project will be beneficial and contribute to the City. The project promotes a variety of commercial uses thereby improving economic opportunities for existing and future residents of the City. Section 3: The proposed General Plan Amendment will facilitate the construction of up to 35 units on 5.8 acres. The project site is currently zoned R-2, inconsistent with the ' General Plan designation of L2. In 1993, the City embarked on a zoning consistency program. However the program was not completed with respect to the 10 Resolution 20761 Page 11 4 lots and therefore,the property has remained zoned for multi-family land uses but ' designated for single family uses on the General Plan. In analyzing the development of the surrounding community since 1993, staff concluded that the multi-family designation of L6 (Low Density Residential 4-6 units/acre) would be appropriate for the project site, given the multi-family land uses immediately in the vicinity of the project site. A General Plan Amendment is proposed to change the designation of the property from L2 to L6. The L6 designation is consistent and compatible with the existing development pattern in the neighbourhood, as the project is surrounded by the Canyon Heights condominiums to the west and south, Vista Canyon condominiums to the north, and residential condominiums and a timeshare resort to the east. The current designation of L2 is associated primarily with single-family residential estate-type land uses, which may not be appropriate given the location of the site, surrounding land uses and zoning, and proximity of the site to a secondary thoroughfare. With the approval of the General Plan Amendment, the proposed project will not result in any conflicts with the General Plan or zoning ordinance. Section 5: The proposed amendments to the General Plan are necessary and proper at this time, and are not likely to be detrimental to the adjacent property or residents. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the amendments to the General Plan Land Use Element as shown in Exhibits A, B, and C. ADOPTED THIS 15th day of October 2003. ' AYES: Members Mills, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Member Hodges and Mayor Kleindienst ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 11 Resolution 20761 Page 12 EXHIBIT A ��I I PROPOSED GENERAL PLAN MAP AMENDMENT \ wU INDIAN OASIS RESORT IND \ 7 j I1 I N D IND iF�„ IND ) IND / I I I IND I IND SIT i I �l SCVf I I INO I C ♦,t I �P '1 CG II?4 r,r /rl I c IVA PR i ' 3 M6 y K� jz M j t4 `j�y MD W 1; ! 1 I G`r M d Kesoiutlon zuibl Page 13 EXHIBIT B ' PROPOSED GENERAL PLAN TEXT AND POLICY AMENDMENT INDIAN OASIS RESORT The Proposed General Plan Policy 3:30.14 "The Indian Oasis Resort' would read: "The Indian Oasis Resort is a mixed-use development consisting of a resort hotel, timeshare, vacation units, condominium hotel, casitas, condominium apartments, championship golf course, conference meeting space, restaurants, health spa and fitness center,tennis courts and customary hotel services and shops,vacation ownership units and retail/commercial and high tech business and office space. The business park is proposed to attract high tech industries and will include broad-baind capabilities. The development is located in 273 acres at Crossley Road and Mesquite Avenue. This site is ideally suited for the proposed high-rise hotel development. The hotel site is located in the eastern portion of the City, and has substantial setbacks and buffers from existing residential properties and scenic corridors. Due to its distance from the mountains, at this location the proposed high-rise hotel will not obstruct scenic vistas. A total l maximum building height of one hundred and thirty feet(130), including equipment and elevators, is allowable for the resort hotels component of the development." 1 1 13 Resolution 20761 Page 14 EXHIBIT 0 ' PROPOSED GENERAL PLAN MAP AMENDMENT L2 TO L6 APN#s 612-180.001 512-180-007 512-180-012 513-570-016 f \Zf Nam. " "ix tk rGrp Aa w 414' y � n.�- ,�f a!e1I i _.. I.. , 1fi T.R\�'M✓}/'IvLN IY_VN N-. �v.. 11 t./I� _ 1.`l. <` � •�,. !IL dF� * r.l�l t`G � 1D.?r�.'7MI.M�- anI"l v✓.' x/,s,e 1 7k t A 01, �f1 yy I I6Ay�4A par _ tr rrr,r R L 1r n,l R r Par ter it SUBJF' CT ' toRivAre srRerr PROPERTY - - 4 - _7G H 43121 " L2 j « `ua'. � 11lURRAY CANYaiV LJ �' !