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HomeMy WebLinkAbout20994 - RESOLUTIONS - 7/7/2004 RESOLUTION NO. 20994 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE AMENDENTS TO THE GENERAL PLAN TEXT WITH RESPECT TO POLICIES 5.4.1, 5.4.4(B) AND (C), AND PALM HILLS AREA PLAN ELEMENTS #6 AND #7, AND ADDING AN ADDITIONAL ELEMENT#8 FOR THE PALM HILLS PLAN AREA. WHEREAS, in July 1970, the City of Palm Springs ("City') annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills; and WHEREAS in 1974, the Palm Hills Study was commissioned with the directive that the main emphasis be the preservation of the environment while encouraging the development of resort and residential and accessory, uses; and WHEREAS, the General Plan Palm Hills Area Plan was divided into four planning sub-areas (PH-1, PH-2A, PH-213, and PH-3) as part of the City's 1993 General Plan Update; and WHEREAS, PH-1 Planning Area is located in the most northerly portion of the Palm Hills Planning Area and is intended to be developed pursuant to a Specific Plan; and WHEREAS, PH-1 Planning Area is located north of Murray Hill and is separated from PH-2, PH- 3, and PH-4 by this major topographic feature; and WHEREAS, PH-1 is planned for resort hotel and attached and detached residential land uses with a maximum density of 1,200 units; and WHEREAS, the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a Specific Plan; and WHEREAS, Palm Hills Land Corp. ("Applicant') has initiated an application for the Palm Hills Specific Plan; and WHEREAS, Applicant has requested General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan; and WHEREAS, a General Plan Text Amendment has been prepared to modify hillside development policies limiting development to slopes of less than 30%; and WHEREAS, a General Plan Text Amendment has also been prepared to modify Palm Hills Area Plan Elements to be consistent with the proposed amendments to hillside policies and to add language that reflects a different approach to development of the Santa Rosa Mountains; and WHEREAS, the proposed General Plan Text Amendment affects the Palm Hills Planning Area only and does not have any effect on lands outside of the Palm Hills Planning Area; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs ' to consider proposed General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was issued in accordance with applicable law; and Resolution 20994 Page 2 WHEREAS, on April 28, 2004, a public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 26, 2004, a continued public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission, at its May 26, 2004 meeting recommended approval of the proposed General Plan Amendments; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider proposed General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was issued in accordance with applicable law; and WHEREAS, on June 16, 2004, a public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was held by the City Council in accordance with applicable law; and WHEREAS, a Notice of Preparation of an Environmental Impact Report for the General Plan Text amendments, Palm Hills Specific Plan (PA-1), Development Agreement, Planned Development District, Tentative Parcel Map, and Tentative Tract Map ("Project") was distributed to the State Clearinghouse and interested and responsible agencies, organizations, and ' individuals with a review period from May 10, 1998 to July 10, 1998; and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities; and WHEREAS, a Draft Environmental Impact Report (DEIR) for the Project was released for public comment from July 3, 2003 to August 18, 2003; and WHEREAS, 13 comment letters were received regarding the DEIR from various entities; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), a Final Environmental Impact Report was prepared for the General Plan Amendments and the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures, the proposed Project could have a significant effect on the environment with respect to land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer; and WHEREAS, the "Project"will have public benefits including but not limited to up to $2,475,773 in revenue, expand economic development opportunities, expand tourism, provide a golf course, preserve approximately 797.70 acres of open space on-site, dedicate off-site land within critical habitat of Peninsular Bighorn Sheep, create up to 450 new jobs, maintain public access to existing equestrian and hiking trails, and implement the City's General Plan objectives to create a ' world class destination resort; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been adopted for the proposed Project including this General Plan Text amendment; and Resolution 20994 Page 3 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 recommendation of the Planning Commission, the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The proposed General Plan Amendments are in compliance with the Final Environmental Impact Report ("EIR") that has been certified for the General Plan Amendments and Palm Hills Specific Plan (SCH #98061043), which is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The EIR 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 proposed General Plan Text Amendments and determined that they are in conformance with the information contained in the EIR. The City Council further finds that with the incorporation of proposed mitigation measures and the adoption of the Statement of Facts and Findings and Statement of Overriding Considerations, that the Project will cause significant impacts and that the Project benefits justify overriding the unavoidable significant adverse impacts caused by the Project. Section 2: The proposed General Plan Text Amendments seek to modify hillside development policies 5.4.1 and 5.4.4(b) and (c) so as to allow development on ridges that are not "sky-lined" and on slopes of greater than 30% on a limited basis, subject to strict design criteria and only as part of a Specific Plan. The proposed General Plan Text Amendments also seek to modify Palm Hills Area Plan Elements #6 and #7, and add an additional element that would reflect the proposed changes to the hillside development policies while also representing a different approach to development in the Santa Rosa Mountains. The amendments to the Palm Hills Ares Plan are consistent with the PH-1 sub-area that allows development of up to 1,200 units on the site. The General Plan currently views the Santa Rosa and San Jacinto Mountains as natural areas in which development impacts shall be minimized. Both ranges form a backdrop to the City and are also considered valuable scenic assets. The proposed amendments would establish in City policy a fundamental distinction between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. The San Jacinto Mountains are essentially undevelopable due to the extreme steepness of slope and are therefore suited to a policy of almost total preservation. However, the Santa Rosa Mountains consist of a more gentle rolling terrain that may be better suited for limited development. Preservation in the Santa Road Mountains is seen as compatible with some development, if that development is proposed creatively and flexibly. Section 3: The amendments to the General Plan Text with respect to hillside development polices and the Palm Hills Area Plan are necessary and appropriate in order to , build consistency between the General Plan Map and Report and the Palm Hills Specific Plan. Resolution 20994 Page 4 Section 4: The proposed amendments to the General Plan Text Amendments are necessary and proper at this time, and are not likely to be detrimental to the adjacent property or residents. Section 5: The FEIR included an evaluation of land ownership within the Palm Hills Planning Area (approximately 34 square miles), and based upon this evaluation it was determined that a large portion of this area is in public ownership. Based upon ownership patterns, the City Council finds that it may be difficult to develop Palm Hills Planning sub-areas 2-A, 2-B, and 3. Based upon this review, the City Council directs staff to initiate a General Plan Amendment to the Palm Hills Planning Area to reconsider the need to extend Palm Hills Drive, South of Eagle Canyon, to re-evaluate the proposed land uses in Palm Hills Planning Areas Plan II-A, II-B, and III and consider designating this area as Conservation. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the amendments to the General Plan Text as shown in Exhibits A and B. NOW, THEREFORE, BE IT FURTHER RESOLVED that City Council directs staff to prepare a General Plan Amendment Study as part of the General Plan Update to consider amending the Circulation Plan by eliminating Palm Hills Drive, south of Eagle Canyon, and amending the Land Use Element to consider designating areas located south of Murray Hill as Conservation for the Palm Hills Plan Area. ADOPTED this 71h day of July, 2004. ' AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: Member Foat ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 20994 Page 5 EXHIBIT A PROPOSED GENERAL PLAN POLICY AMENDMENT ' GENERAL PLAN POLICY 5.4.1 and 5.4.4(b) and (c) 5.4.1 `in order to preserve the scenic beauty, to protect the mountains from damaging erosion and to protect the desert floor from flooding, the frontal slopes of the Santa Rasa and San Jacinto Mountains which face the desert floor shall be preserved as open space areas to the greatest extent possible and consistent with other policies in the General Plan. The slopes of individual landmark peaks should be preserved as open space areas. Development shall be subject to approval of a development plan on a case-by-case basis, which addresses aesthetic issues such as screening and landscaping." 5.4.4(b) "Development should be concentrated in areas with natural slopes of 10% or less in steepness. Natural slopes in excess of 30% should Femain an urbed may be developed subject to preparation of specific hillside development criteria that address building design and construction techniques as part of a Specific Plan. Development proposals for areas of 10% slope or greater, but 30% or areas subject to erosion, shall be accompanied by detailed soils and geotechnical studies as well as visual simulation exhibits." 5.4.4(c) "Proposed development must be compatible, by virtue of design, height, materials and slope compatibility, with surrounding open space. Structures shall , not visually break ridgelines when viewed from the valley floor unless a Specific Plan allowing such development is approved by the City. Areas graded for development shall be designed to blend with the natural surroundings." Resolution 20994 Page 6 EXHIBIT B PROPOSED GENERAL PLAN POLICY AMENDMENT PALM HILLS AREA PLAN Addition to the first paragraph: "The City's approach to Palm Hills underscores a fundamental difference between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. Both form a backdrop to the City of Palm Springs and must be treated as valuable scenic assets. But, whereas the San Jacinto Mountains are essentially undevelopable due to extreme steepness of slope and are therefore suited to a policy of almost total preservation, the Santa Rosa Mountains consist of more gentle, rolling terrain and require application of creative and flexible means to harmonize preservation with development". Palm Hills Area Plan Element#6 is proposed to be amended as follows: A program for the permanent preservation of open space, with the purpose to mitigate wildlife habitat loss and to provide recreation amenities, in accordance with the programs of the Bureau of Land Management, the State Park proposal, the Santa Rosa Mountains Conservancy Plan, the Bighorn Sheep Management Plan and any other active conservation program/plan to the extent that they are not in conflict with this General Plan. In order to preserve the scenic beauty, the frontal slopes of the Santa Rosa Mountains that are visible from the desert floor shall be preserved as open space to the greatest extent possible. Development which is visible from the valley floor shall be treated with sensitivity according to paragraph 7 following." ' An additional element (Element#7) that establishes guidelines to minimize the visual impact of structures on ridgelines is proposed to be added to the Palm Hills Area Plan as follows: "A Plan which implements the Citvs stated goal of developing a large scale resort at this unique location which harmonizes with the natural mountain backdrop of the City. To accomplish this developments shall seek to preserve as much undisturbed natural open space as possible. Where development is visible from the valley floor, building coloration, native plant selection and other design techniques shall be applied to blend structures with the native landscaping. Development of the ridgelines is allowed so long as structures do not visually break the skyline or alter an individual landmark peak(e.g. Murray Hill). To confirm the true extent and nature of visual change accurate computerized visual simulations with and without the Project shall be provided for consideration by the Planning Commission and City Council." Palm Hills Area Plan existing Element #7 is proposed to become Element #8 and be modified so as to increase overall density in areas with natural slopes of 10% or less from a range of%to 2 units to a range of to 4 units as follows. Target land uses and number of units: (Except as noted, land use is governed by the following descriptions and by the policies of the General Plan, and is not shown on the map. The required Specific Plan(s) shall provide a detailed land use plan; the ability to develop the target number of units id dependent upon compliance with the goals and policies of the General Plan, and upon the future availability of public lands for exchange or development. Units should be concentrated in areas with natural slopes of 10% or less in steepness with overall density in such areas in the range of%-2 4 units/acre..I 1