HomeMy WebLinkAbout21133 - RESOLUTIONS - 11/10/2004 RESOLUTION NO. 21133
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
h i CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 8, 2005 FOR
THE SUBMISSION TO THE VOTERS OF A MEASURE (CITIZEN
PETITION REFERENDUM) RELATING TO PALM HILLS PLAN AREA.
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WHEREAS, a referendum petition related to Resolution 20994 regarding 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 was submitted to the City Clerk on
August 4, 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 election, to be held on
March 8, 2005, for the purpose of submitting to the qualified electors of said City,
the following measures, to wit:
MEASURE C
Shall Resolution 20994 approving amendments to the YES
�' General Plan Use and Circulation Plan for Palm Hills NO
area be adopted?
Section 2. That the proposed measure submitted to the voters is attached as Exhibit A.
Section 3. That the City Clerk is hereby directed to transmit a copy of the measure 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. 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 manner of conducting said election shall be consistent with all applicable
State laws. The election shall be conducted as an all mail ballot election only if
the City Council adopts an ordinance providing for an all mail ballot election.
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, and equipment that may be necessary in order to properly and lawfully
conduct said election.
Section 7. In all particulars not recited in this Resolution, said election shall be held and
conducted as provided by law for holding special municipal elections in said City.
Resolution 21133
Page 2
Section 8. 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 9. 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 10. 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.
ADOPTED this 10`h day of November, 2004.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NOES: Member Foat
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
�AGh3
Acting City Clerk City Manager
REVIEWED &APPROVED:
H:\USERS\C-CLK\11-10-04\Call Election-Res.doc
V.
f(F REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL
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;grid
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-I, PH-
2A,.PH-28,and PH-3)as part of the City's 1993 General Plan Update;and WHEREAS,PH-I 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-I Planning Area is located north of Manny Hill and is separated from
PH-2,PH4,and PH-4 by this major topographic feature;and WHEREAS,PH-I 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 Amu 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 Phan 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 WHEREAS,on April 28,2004,a public hearing to consider General Plan Text Amendments to
modify hillside development policies and requirements of the Pahn 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 thoThu ping Commission in accordance with applicable law;and WHEREAS,the Planning Commission,at its May 26,2004
aneeting 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 tc consider General Plan Tex(Amendments to modify hillside development policies and
requirement's 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 Stale Clearinghouse and interested and responsible agencies,organiwtions,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
{ rQuality 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
N with the incorporation of proposed mitigation measures,the proposed Project could have a significant effect on the environment with respect to land use,cumulative
tmffic/chculation,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 jabs,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 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 and 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#99061043),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 unavoidmble 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 300 on a limited basis,subject to strict design criteria and only as pan 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 Area Plan
are consistent with the PH-I sub-area that allows development of tip 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 arnendmen(s would establish in City policy a fundamental distinction between the
Santa Rasa 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 am necessary and appropriate in order
to build consistency between(he General Plan Map and Report and the Palm Hills Specific Plan. -
Section 4:The proposed amendments(o the General Plan Text Amendments are necessary and proper al(his time,and are not likely to be detrimental to(he adjacent
propeny 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
j 1 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 laird uses in Palm Hills Planning Areas Plan H-A,H-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. \ ; 0%1
REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL
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
consideramending 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 '8 day of July ,2004.
AYES: Orion,Mills,McCulloch,Pougnet
NOES,Font '
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
I
City Clerk City Manager
Reviewed and Approved as to Form:
EXHIBIT A
PROPOSED GENERAL PLAN POLICY AMENDMENT
GENERAL PLAN POLICY 5.4.1 and,5A.4(b)and(c)
5.4.1 "In order to preserve the.scenic beauty,to protect the nuruntainsfrcnri dca aging erosion and to protect the desertfloorfronh flooding,the frontal slopes of
the San Jacinto Mountains which face the desert floor shall be preserved as open space areas to the ereutert 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.subjert ar approval ofa
devetopmentplan on a case-by-ease basis,which addresses aesthetic Issues such us srreening and landscaping."
5.4A(b) "DevelnprnenLshould be concearated in areas with ranhmLslopes of 10'Yn nr less in steepness. Naarrvl slopes in excess of 30%sheuld-re wink rrrrellstrubed'
.. gKy be developed subiect to preparation ofsnerifle hillside development criteria that address building design and construction techniques as Pact ofa Specific Pla .
Development proposalsf n-areas of!0%slope orgreater,bu"ess-tharf�IB-6' ,or areas subject to erosion,shall be acrornpirnied by detailed anilr and gentechnicul -,
tudier as null as visual sinndurfnn exhibits."
5.4.4(c) "Proposed development must be compatible,by virtue of design,height,materials and.slope compatibility,with stu'rounding open.space.Structures.shall not
visually break ridgelires when viewed from the valley floor unless a Specific Plan allowing such developmen!it approved by the City. Areas gradedfor development
shall be designed to blend with the natural sarmundings."
EXHIBIT B
PROPOSED GENERAL PLAN POLICY AMENDMENT
PALM HILLS AREA PLAN
Addition to the first paragraph:
"The City's approach to Paint Hills underscores a fundamental difference between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of
he City, Both form it backdrop to the City of Palm Springs and inust 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 it,a policy ofahnost total preservation,the Santa Rasa Mountains consist nfirmre gentle,
rolling teiruin and require❑puticatirn of creative and flexible means to hannoniee preservation with development".
Palm Hills Area Plan Element#6 is proposed to be amended as follows:
"A programfn,the permanent preservation of open.space,with the purpose in mitigate wildlife habitat loss andra provide recreation amenities,in arcordanc'e with the
program of the Bureau of Land Management.the State Park proposal,tire Santa Rasa Mountains Conservancy Plan,the Bighom Sheep Management Plan and any
other active conservation prograndplan to the extent that they are not in rortflici with this General Plan. fit order to preserve the seenie beauty,the frontal slopes of the
Santa Rosa Mountains that are visible fronh fire desert floor shall be preserved as open.space to the greatest extent Possible. Development which is visible front the
valley floor.That/be treated with sensitivity arcordine to paragraph 7 falowine."
An additional element(Element#7)that establishes guidelines to minimize the visual impact ofstfuetures on ridgelines is proposed to be added to the Palm Hills Area
Plan as follows:
"A Plan which irnplenients the Citvls sated goal ofdevelaping a large scale resort at this unique location which harmonizes with the natural nunntain backdrop ofrhe
City. To accnnprlish this,developiluentv.slmll.seek to preserve as much undisturbed nation/open.mace as possible. Where developruent is visible front the valley floor.
buildfng coloration,native plant selection and other design techniques shall be applied to blend.slructures with the native landscaping. Development of the ridgelfnes
Is(llowed, so long us structures do not visually break the.skyline or alter at individual landmark peak(e.g.Murray Hill). To confirm the true extent and nature of
visual change,accunne cnnhpmerized visual simulations with and without the Pre ie'rt shall be Provided for consideration by the Planning Cormnission 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
)us from a range of V2 to 2 units to a range of ni to 4 units as follows: -
i''arget land uses and number of units.,
fEsrept as noted land use is governed by the fallowing descriptions and by the policies of the General Plan,and is not shown on fire nap. The required Specific
Phan(s)shall provide a detailed land use plan,the ability to develop the target number of units is dependent upon compliance with the goals and policies of the General
Plan,and upon the fntture availability of public landsfor exchange or development. Units.should be concentrated for areas with natural slopes of 10%orless in
neepness with overall density In such areas in the range ofV2-31 unArlacre...I
REFERENDUM AGAINST A RESOLUTION PASSED BY.THE CITY COUNCIL
We, to undersigned,registered,qualified voters of the City of Palm Springs,hereby protest the Palm Springs City Council's July 8,2004, adoption
of Resolution No.20994,entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA
APPROVING THE AMENDMENTS 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
We request that the entire text of Resolution No.20994 and-the proposed General Plan policy amendments attached as Exhibits A and B,which are
reproduced In this petition,be repealed by the City Council or,alternatively,submitted to a vote of the people as prescribed by law.
NOTICE TO THE PUBLIC:THIS PETITION MAYBE CIRCULATED BY A PAID , TNIs COLUMN FOR
CITY OF SIGNATURE GATHERER OR.A VOLUNTEER.YOU HAVE THE RIGHT TO ASK, OFFICIAL USE ONLY
PALM THE USE OF YOUR SIGNATURE FOR ANY.PURPOSE OTHER THAN
SPRINGS QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR.
COMPLAINTS ABOUT THE MISUSE OF YOUR SIGNATURE MAY BE MADE TO
REC318TEIPIED
ONLY THE SECRETARY OF STATE'S OFFICE.
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Qeclatatidn of Circutalarlta he mmnIAInd In N q CIntatoes own hand after ati signatures recorded m the front and back of this section of the petition have been obtained):
1 _,am ragtstored to Vote In the City of Palm Snrinos-cAfa-ia ^ Am nuann a to register to
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-16fe in the City of Palm Springs, My residence address is c I circulated this
section of the petition and witnessed each of the appended slgnatures'betng written. Each signature..o peuaon Is,to the best of my Information and
bglls�the nulne lure the person whose name it purports to be: All signatures on this document were obtained between the dates of
and jal�f��J�,Q`t(�1 declare under penalty of periuIy under the laws of the State of aka f-9mia that the fnragoing is tnl^a^�� I
Executed on ah C � Y Y(1 R r