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Home My WebLink About20975 - RESOLUTIONS - 6/9/2004 RESOLUTION NO 20975 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL ELECTION TO BE HELD ON,NOVEMBER 2, 2004 FOR THE SUBMISSION TO THE VOTERS OF A MEASURE (CITIZEN PETITION REFERENDUM) RELATING TO SECTION 14 ----- ------- WHEREAS, a referendum petition related to Resolution 20866 regarding General Plan Land Use and Circulation Plans for Section 14 was submitted to the City Clerk on April 29, 2004; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Palm Springs; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general election date to be held November 2, 2004, for the purpose of submitting to the qualified electors of said City, the following measures, to wit: MEASURE Shall Resolution 20866 approving amendments YES ' to the General Plan Use and Circulation Plan for NO Section 14 be adopted? Section 2. That the proposed measure submitted to the voters are attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a copy of the measures set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of the Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event the measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used there at. Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside or other , resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Resolution 20975 Page 2 Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council on November 30, 2004. ' ADOPTED this 9th day of June, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA cv n � City Clerk City Manage y " REVIEWED &APPROVED: . Y 1,-p RPFFE7ZE\T71:Zf AGAIti:sTA RrSOLLTTION PASSI D BYTHE CITE COUNCIL I.F5CC1Ll'iTdC'?;� 1O.=D3dr'a Referendum against Resolution Amending Palm Springs General Flan Regarding Development of 640 Downtown Acres. To the City Council and Clerk of tho City of Palm Springs: We, the undersigned, representing 10% or more of the registered, qualified voters of the City of Pahn Springs,hereby present this petition protesting the adoption by the City Couzlcll of Palln Springs of the following Resolution: RESOLUTION NO.20866 OF THE CITY COUNCIL.OF THE CITY OF PALM SPRINGS,CALIFORNIA, APPROVING CAS$5,0728 GPA, VARIOUS AMENDMENTS TO THE GLNrRAL PLAN LAND USE .AND CIRCULATION ELEMENTS FOR 640 ACRES BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST,RAMON ROAD TO THE SOUTH, A- ND SOUTH INDIAN CANYON DRIVE TO THE WEST,ZONE C-1,C-1-AA,C-2,1,2-G-A(8),R-2,R-4,R-4-VP,PD-101,PD-180,AND PD- 164,SECTION 14, We request that the legislative acts contained in said Resolution,€Is defined by law,be entirely repealed by the City Council, or otherwise be submitted to a vote of the people, pursuant to titc provisions of California Elections Code Section 9241. The title and text of the Resolution are get forth on the pages ' attached hereto. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A 13AXD SIGNATURE GA'I'Ii'EAFK OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. TtXE USE OF YOUR SIGNATURE FOR ANY PURP O SP OTHER THAN QUALIFICATION OF T1418 MEASURE FOR THE BALLOT IS A MISDEMEANOR,COMPLAINTS ABOUT THE MISUSE OI'YOUR SIGNATURE MAY 13E MADE TO THE SECRETARY OF STATE'S OFOXC T. ALL STONERS OP THIS PFTITION MUST 70!REOiS'rERE0VOTERS OF THE CITY OP PALM SPRING$. 7pp column TOY r 1 IZf•;I'I:ILI;\DUpt .4C AIN'S'f A ILIg50I.LTTION P.\SSE'T) AY 'I'IIE CI'FV COIINCTI- RE:SOLUTION \U. 20,966 eferencfum Against Resolution Amending Palm Springs General Man Regarding Development of 640 Downtown Acres. RESOLUTION NO. 20866 r OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0728 CPA, VARIOUS ' AMENDMENTS TO THE GENERAL PLAN LAND USE AND I CIRCULATION ELEMENTS FOR 640 ACRES BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST, RAMON ROAD TO THE SOUTH, AND SOUTH INDIAN CANYON DRIVE TO THE WEST, ZONE 0-1, C-1-AA, 0-2, R-G-A(S), R-2, R-4, R- .. 4-VP, PD-101, PD-180. AND PD-164, SECTION 14. AMENDMENTS ARE AS FOLLOWS: A) GENERAL PLAN MAP AMENDMENT TO; 1) REDESIGNATE THE FOLLOWING AREAS FROM 1-143/30 (HIGH DENSITY RESIDENTIAL) TO RC (RESORT COMMERCIAL): • SOUTH 3M OF THE BLOCK BOUND BY CALLS ENCILIA, AMADO ROAD, CALLE EL SEGUNDO, AND ALEJO ROAD; • SOUTH HALF OF THE BLOCK BOUND BY CALLE ENCILIA, TAHQUITZ CANYON WAY, CALLE EL SEGUNDO, AND ARENAS ROAD; • SOUTH HALF OF THE BLOCK BOUND BY CALLE EL SEGUNDO, TAHQUITZ CANYON WAY, AVENIDA CABALLEROS, AND ARENAS ROAD; • SOUTH HALF OF THE BLOCK BOUND BY AVENIDA CABALLEROS, TAHQUITZ CANYON WAY, HERMOSA DRIVE, AND ARENAS ROAD; SOUTH HALF OF THE BLOCK BOUND BY HERMOSA DRIVE, TAHQUITZ CANYON WAY, SUNRISE WAY, AND ARENAS ROAD (DELETED PORTION); • NORTH HALF OF THE BLOCK BOUND BY CALLE ALVARADO, AMADO LOAD, AVENIDA CABALLEROS, AND TAHQUITZ. CANYON WAY; • NORTH HALF OF THE BLOCK ROUND BY AVENIDA CABALLEROS, AMADO ROAD, HERMOSA DRIVE, AND TAHQUITZ CANYON WAY; • NORTH HALF OF THE BLOCK BOUND BY HERMOSA DRIVE, ANDREAS ROAD, SUNRISE WAY, AND TAHQUrrZ CANYON WAY; 11) REDESIGNATE THE FOLLOWING AREA FROM RC (RESORT COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT): EAST HALF OF THE BLOCK BOUND BY ARENAS ROAD, CALLE ENCILIA, RAMON ROAD, AND SOUTH INDIAN CANYON DRIVE; i 5 RIB„V ERENDUNI AGAINST A RESOLUTION PASSED AY THE CITY COUNCIL RESOLUTION NO. 20866 Referendum Against Resolution Amending .Palm Springs General Plan Regarding Development of 640 Downtown Acres, Resolution 20866 t Page 2 I III) REDESIGNATE THE FOLLOWING AREA FROM CBD (CENTRAL BUSINESS DISTRICT) TO RC (RESORT j COMMERCIAL): • WEST HALF OF THE BLOCK BOUND BY ALEJO ROAD, CALLS ENCILIA, AMADO ROAD, AND SOUTH INDIAN CANYON DRIVE; IV) REDESIGNATE THE FOLLOWING AREA FROM H30 (MEDIUM HIGH,DENSITY RESIDENTIAL) TO H 43/30 (HIGH DENSITY RESIDENTIAL): SOUTH HALF OF THE BLOCK SOUND BY CALLE EL SEGUNDO, ARENAS ROAD, AVENIDA CABALLEROS, AND SATURNINO ROAD; v) REDESIGNATE THE FOLLOWING AREAS FROM M15 (MEDIUM DENSITY RESIDENTIAL) TO H 43130 (HIGH DENSITY RESIDENTIAL): • WEST QUARTER OF THE BLOCK BOUND BY AVENIDA CABALLEROS, BARISTO FLOOD CONTROL CHANNEL, HERMOSA DRIVE, AND RAMON ROAD; • BAST QUARTER OF THE BLOCK BOUND BY AVENIDA CABALLEROS, BARISTO FLOOD CONTROL CHANNEL, HERMOSA DRIVE, AND RAMON ROAD; • EAST HALF OF THE WEST HALF OF THE BLOCK BOUND BY SARISTO FLOOD CONTROL CHANNEL, SUNRISE WAY, RAMON ROAD, AND HERMOSA DRIVE; vi) REDESIGNATE THE FOLLOWING AREAS FROM M8 (MEDIUM DENSITY RESIDENTIAL) TO H43130 (HIGH DENSITY RESIDENTIAL): * SOUTH HALF OF THE NORTH HALF OF THE 4LOCK BOUND BY ALEJO ROAD, AVENIDA CABELLEROS, AMADO ROAD, AND CALLE EL SI;GUNDO; SOUTH HALF OF THE NORTH HALF OF THE BLOCK BOUND BY ALEJO ROAD, HERMOSA DRIVE, AMADO ROAD, AND AVENIDA CABALLEROS; • SOUTH HALF OF THE NORTH HALF OF THE BLOCK BOUND BY ALEJO ROAD, SUNRISE WAY, AMADO ROAD, AND HERMOSA DRIVE; (13) GENERAL PLAN CIRCULATION MAP AMENDMENT TO: , 6 REFNIZENDUNI AGAINST A RESOLUTION PASSF.I) BY TJJV CITY COUNCIL tit?SOLUTION NO. 20866 tca ferendum Against Resolution Amending Palm Springs General n Regarding Development of 640 Downtown Acres. Resolution 20866 Page 3 RECLASSIFY SATURNINO ROAD BETWEEN CALLE EL SEGUNDO AND AVENIDA CABALLEROS FROM A SECONDARY THOROUGHFARE TO A COLLECTOR STREET; • RECLASSIFY ARENAS ROAD BETWEEN AVENIDA CABALLEROS AND HERMOSA DRIVE FROM A SECONDARY THOROUGHFARE TO A COLLECTOR STREET; DELETE HERMOSA DRIVE BETWEEN ARENAS ROAD AND BARISTO ROAD; WHEREAS, the Aqua Calionte Band of Cahullla Indians and the City of Palm Springs (the "applicant") have initiated Case 5.0728. a request for various amendments to the General Plan Land Use and Circulation Elements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No- 5.0728 GPA, a request for various amendments to the General Plan Land Use and Circulation Elements, was given in accordance with applicable law: and WHEREAS, on November 26, 2003, a public hearing on Case 5.0728, requests for various amendments to the General Plan Land Use and Circulation Elements was held by the Planning Commission In accordance with applicable law; and WHEREAS, on January 28, 2004, a public hearing on Case 5.0728, requests for various amendments to the General Plan Land Use and Circulation Elements 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 No: 5,0728 GPA, a request for various amendments to the General Plan Land Use and Circulation Elements, was given in accordance with applicable law; and WHEREAS, on March 31, 2004, a public hearing on Case 5.0728, requests for various amendments to the General Plan Land Use and circulation Elements was held by the City Council in accordance with applicable law: and WHEREAS, In accordance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act, an Environmental Impact ReporuEnviron mental Impact Statement was prepared and it was'found that with tho incorporation of proposed mitigation measures, the proposed project could not have a significant effect on the environment; 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„presentcd- THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1, The proposed General Plan Amendments aro in compliance with the Environmental Impact Report/Environmental Impact Statement has been 7 Rli.t^ERENDUN1 AGAINST A RESOLUTION I"ASSED BY THE CITY COUNCIL. RI.SOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres, i Resolution 20866 Page 4 completed for the Section 14 Master Development Plan/Specific Plan and is In compliance with CEQA, NEPA, the State CEQA Guidelines, and the City's CEQA Guidelines_ The EIRIEIS for Case No. 6,0728 adequately addresses 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 and determined that it is in conformance with the information contained in the Environmental Impact Report/Environmental impact Statement. The City Council further finds that with the incorporatlon of proposed mitigation measures and the adoption of the Statement of overriding Considerations, potentially significant environmental Impacts resulting from this project will be reduced to a level of insignificance and therefore recommends certification of the RIR/EIS for this project. Section 2: The proposed General Plan Amendments to the Land Use Element seek to more closely direct the clustering of uses to particular areas while still allowing for mixed-use and plan flexibility. In general, most of the medium density residential designations that are surrounded by existing high density residential designations have been replaced by high density residential. In addition, the Resort Commercial designation has been extended along the Tahqultz Canyon Way corridor and north towards Amado Road In order to eliminate areas of split General Plan designations on blocks of land. The Resort Commercial designation may facilitate future, consolidated development at identified "catalyst opportunity" sites, chapter 9 of the Specific Plan links the proposed land uses with existing General Plan policies. The proposed amendments will allow some of the General Plan objectives regarding economic activity, the Central Business District,Tahquitz Canyon Way, and circulation to be realized. The proposed amendments to the General Plan Circulation Element include requests to reclassify streets within section 14 in order to match existing street Improvements. The proposed amendments will also facilitate the creation of alternative street sections that allow for diverse modes of transportation (bike paths, pedestrian walkways, shuttle lanes) and an attractive slreetscape. The traffic study completed for Section 14 indicated that many of the street designations and future Improvements would result in roads that have a greater capacity than projected future traffic volumes (Year 2010), Special street sections proposed for Alejo Road and other streets are not Included in the proposed amendments because they are deemed consistent with existing General Plan Policy 7.1.5., which allows far modified street cross sections. City and Tribal staff will continue to consult with regards to how the existing street cross sections will be transitioned to proposed street cross sections, especially in areas that are already built out. Section 3; The amendments to the Land Use and Circulation Elements of the General Plan are necessary and appropriate in order to build consistency between the Section 14 Master Development Plan/Specific Plan and the General Plan Map and Report. 8 nrFEREND{SNI AGAXNST A RESOLUTION PASSED DY THE CITY COUNCIL RESOLUTION NO. 20866 eferendum Against Resolution Amending Palm Springs General a,n Regarding Development of 640 Downtown Acres. Resolution 20666 Page 5 Section 4: The proposed amendment to tho Gonornt Plan Circulation Element is necessary and proper at this time, and Is 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 and Circulation Elements as shown In Exhibits A and S, ADOPTED this 315'day of March, 2004, AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: Member Foot ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ' City er � City Manage 1 REVIEWED AND APPROVED AS TO FORM 9 12E1f JE,'R,NDUIVI AGAINST A RESOLUTION PASSED BY THIS CITY COUNCIL RESOLUTION NO. 20866 Referendum Against Resolution Amending Palm Springs General Plan Regarding Development of 640 Downtown Acres. EXHIBIT A PROPOSED GENERAL PLAN MAPAME'NDME�NTS SECTION 14 AL �q M. M 8- T�J� IR I W443340 W43 0 R442� AA'A RC 4slso ' e RC` WN � � , s Yf� `31 Ht o, dAl" FJ+/ C) w 5 cnb, N�1/�o Nft/ao + ' 01I p ; $ 77 f{4.31so H*a�1q 'GG C ,. I Rlir CR1VNDUN,1 AGAINST A RESOIXTION PASSED)) Y THE CITY COUNCIL. 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