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HomeMy WebLinkAbout21957 - RESOLUTIONS - 6/27/2007 RESOLUTION NO. 21957 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007, FOR THE ELECTION OF CERTAIN OFFICERS AND FOR THE SUBMISSION TO THE QUALIFIED VOTERS AN ORDINANCE EXTENDING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT LLC, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA WHEREAS, pursuant to Palm Springs Municipal Code Section 2.04.080 a regular General Municipal Election shall be held on Tuesday, November 6, 2007, for the election of Municipal Officers; and WHEREAS, Palm Springs Charter Section 802 requires that elections shall be held in accordance with the provisions of the California Elections Code; and WHEREAS, the City Council on May 17, 2006, duly adopted Ordinance No. 1689 pertaining to and extending the term of the Development Agreement with Shadowrock Real Estate Development LLC, and said ordinance was published as required by law; and WHEREAS, on June 16, 2006, a qualified registered voter of the City of Palm Springs filed a petition for the Referendum of Ordinance No. 1689, pursuant to California Elections Code Section 9239; and WHEREAS, the City Clerk examined or caused the examination of registration and declared the filed referendum petition as sufficient and executed a Certificate of Sufficiency; and WHEREAS, on July 26, 2006, the City Council, pursuant to California Elections Code Section 9237 reconsidered Ordinance No. 1689, did not vote in favor of the repeal of the Ordinance, and is required by California Elections Code Section 9241 to submit the ordinance to the voters; and WHEREAS, the City Council adopted Resolution No. 21693 authorizing and directing the City Clerk to prepare all necessary documents to submit the ordinance to the qualified voters at the regular municipal election to be held November 6, 2007. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: ' SECTION 1. Pursuant to the requirements of the Palm Springs City Charter, Palm Springs Municipal Code, and the laws of the State of California relating to elections; Resolution No. 21957 Page 2 there is called and ordered to be held in the City of Palm Springs, California, on ' Tuesday, November 6, 2007, a General Municipal Election for the purpose of electing the Mayor of the City of Palm Springs and two Members of the City Council for the full term of four years. SECTION 2. That the City Council pursuant to its right and authority, does order submitted to the qualified voters at the General Municipal Election the following ordinance and question: Shall Ordinance No. 1689, providing a ten year time YES extension of the term of the Development Agreement between the City of Palm Springs and Shadowrock Real Estate Development, LLC, be approved? NO SECTION 3. That the complete text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. The City Clerk is authorized, instructed and directed to procure and furnish ' any and all official ballots, notices, printed matter, supplies, and equipment that may be necessary in order to properly and lawfully conduct the election. SECTION 6. The Polls for the election shall be open at seven o'clock a.m. (7:00 AM) of the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 PM) of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 7. In all matters not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. Pursuant to Section 10263 of the California Elections Code, the canvass of the General Municipal Election is ordered to be made by the City Clerk. The City Clerk may designate that the Registrar of Voters for the County of Riverside, conduct and complete the canvass. SECTION 10. The City Clerk or designee shall cause the canvass to be completed for the General Municipal Election and shall certify the results to the City Council by December 5, 2007. Resolution No. 21957 Page 3 ' ADOPTED THIS 271" DAY OF JUNE, 2007. David H. Ready, City an ATTEST: YCFThompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) ' I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21957 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 27, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. ?Jmesi:�Z=pson, City Clerk Palm Springs, California EXHIBIT A ORDINANCE NO. 1689 AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, APPROVING AN EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD, APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111, PDD 224, SECTIONS 5, 6, and 8. The People of the City of Palm Spring finds: A. Shadowrock Real Estate Development LLC, (the "Applicant") filed an application (PDD-224-CASE 5.0609) for a ten-year time extension to the term of a Development Agreement to construct an 18-hole golf course with clubhouse, 270 unit lodge (composed of 200 condominiums, 10 bungalows, 60 hotel rooms), a spa/fitness/tennis facility and 135 single family estate lots. A total of 405 dwelling units was proposed with the original project with the City pursuant to Section 9402.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. A Final Environmental Impact Report was prepared for the project and was certified and adopted by the City Council on May 5, 1993, in compliance with CEQA and the State CEQA Guidelines. The project is located on Tramway Road approximately 1.5 miles west of Highway 111, PDD 224 Zone, Sections 5, 6, and 8. B. A Development Agreement was approved by the City Council on November 17, , 1993, and the Original Term of the Development Agreement is a period of ten (10) years, from December 17, 1993 to December 17, 2003. In addition to the period of the Original Term, the Term of the Agreement has been extended to June 29, 2006, per Section 17.2 of said Agreement. C. The Development Agreement provides for vested rights of development for the project and provides for conditions and requirements that will govern future discretionary approvals. D. Notice of the public hearing was provided in accordance with the Palm Springs Municipal Code to consider the time extension of the Development Agreement for the Shadowrock development project. E. The development proposed by Shadowrock Real Estate Development, LLC was fully analyzed in the Final Environmental Impact Report and is consistent with the Final EIR that was prepared for the project and which was previously distributed for public comment in accordance with CEQA. F. An Addendum was prepared to the previously certified Environmental Impact Report which discusses minor technical changes and concludes that the conditions described in Section 15162 of the California Environmental Quality Act, calling for the preparation of a subsequent EIR have not occurred. Ordinance No. 1689 Page 2 G. A recent biological survey dated April 7, 2006, of the project site substantiate the biological conditions described in the Final EIR and no additional surveys are required. H. The addendum is not required to be circulated for public review but shall be attached to the Final EIR as required per Section 15164 of the California Environmental Quality Act. I. The Applicant has proposed to provide the City with the sum of Five Hundred Thousand Dollars ($500,000.00) for general government purposes as an additional public benefit of the project to be paid upon issuance of the first building permit for the project. J. On April 26, 2006, after conducting a public hearing, with notice provided in accordance with established procedures, and reviewing and considering all of the evidence presented in connection with project including, but not limited to, the staff report, the Addendum, the Final Environmental Impact Report prepared for the Shadowrock project, and all written and oral testimony presented, the Planning Commission adopted a resolution recommending denial of the request. THE PEOPLE OF THE CITY OF PALM SPRINGS DO HEREBY ORDAIN, AS FOLLOWS: SECTION 1. Pursuant to CEQA, the City Council determines that the Development Agreement is in compliance with the Final Environmental Impact Report that was prepared for the Shadowrock project and was certified and adopted on May 5, 1993 and is in compliance with CEQA, the State 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 Agreement is in conformance with the information contained in the certified Final Environmental Impact Report. SECTION 2. There is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report. Originally, the approved project included a destination resort that included an 18-hole golf course, a spa/fitness/tennis facility, 135 single-family and luxury estate homes, 270-unit lodge facility consisting of a 60-unit hotel building 10 luxury bungalows and 200 luxury condominiums. The subject project continues to entail construction of an 18-hole golf course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67 acres. In the first phase the extent of the golf course has been reduced to comply with the conditions of approval, mitigation measures, and a settlement agreement derived from a previous lawsuit (California Department of Fish and Game v. City of Palm Springs Riverside Superior Court, Case No. 1-69777) on the project. Since the scope of the golf course has been reduced from 158 acres to 142 acres and avoids the No Development ' Zone per the settlement agreement, the potential for impacts has even been lessened than what the certified Final Environmental Impact Report analyzed. Thus, no further environmental review is necessary. Ordinance No. 1689 Page 3 SECTION 3. A mitigation monitoring program was previously adopted pursuant to Public , Resources Code Section 21081.6 in order to assure compliance with the above-referenced mitigation measures during Project implementation. This mitigation monitoring program was included as a condition of approval of the Project. In addition, pursuant to the settlement agreement referenced above, the Applicant agreed to additional mitigation measures to be incorporated into the project. The potential for an impact is even less as noted in the Addendum than what was analyzed in the certified Final Environmental Impact Report. Thus, no further mitigation is necessary. SECTION 4. The People of the City of Palm Springs finds that the plans for the Development are in compliance with the settlement agreement discussed above. SECTION 5. Pursuant to Government Code Section 66473.5, the People of the City of Palm Springs finds that extension of the Development Agreement is compatible with the objectives, policies, and general land uses and programs provided in the City's General Plan and the Preliminary Planned Development District approved by the City Council on May 5, 1993. SECTION 6. Pursuant to Government Code Section 66474 and Section 94.08.00.A.14, the City Council finds that: a. The extension of the Development Agreement is consistent with the objectives, policies, general land uses and programs of the General Plan and Preliminary Planned , Development District (PDD) 224, and is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the property is located. The project site is located within the Tramway Area Plan and is designated as LSR (Large- Scale Resort) in the General Plan which emphasizes recreational and resort living. The project at this time entails construction of an 18-hole golf course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67 acres. The approved project, PDD-224 included a destination resort that included an 18-hole golf course, a spa/fitness/tennis facility, 135 single-family and luxury estate homes, 270-unit lodge facility consisting of a 60-unit hotel building, 10 luxury bungalows and 200 luxury condominiums. Thus, even though the project has been adjusted to comply with the conditions of approval, mitigation monitoring program, and Settlement Agreement from what was approved, extension of the Development Agreement is still consistent with the General Plan and PDD-224. b. That the extension is in conformity with the public convenience, general welfare and good land use practice, and further with no be detrimental to the health, safety and general welfare. All street, drainage, and utilities improvements are required subject to the General Plan and PDD-224. A hydrology study is required to analyze on- and off- site drainage patterns. The applicant will need to improve Tramway Road so there are no circulation problems. The applicant is required to obtain the necessary approvals from all utility companies. ' c_ That the extension of the development Agreement will not adversely affect the orderly development of property or the preservation of property values. The site is Ordinance No. 1689 Page 4 physically suitable for the type of development contemplated by the proposed subdivision. The proposed golf course is generally located on 8% to 10% slope. The developer donated 565 acres of hillside to the Parks, Open Space and Trails Foundation to be maintained as open space. Thus, the project is suitable for the subject site with the mitigation measures proposed. d. There is no new substantial evidence that was identified in the Addendum with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report. The Final Environmental Impact Report (EIR) that was certified on May 5, 1993, by the City Council adequately addressed all potential impacts and incorporated mitigation measures associated with the subject property. In additional, the applicant and the State of California Department of Fish & Game entered into a Settlement Agreement on October 20, 1993, in which additional mitigation measures were incorporated into the project. As noted in the Addendum, there is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report. Since the scope of the project has been reduced, the potential for impacts has even been lessened that what the certified EIR analyzed. Thus, no further environmental review is necessary. If significant changes are in later phases, additional environmental review will be undertaken at that time. ' e. The project alterations are due to the State of California Department of Fish & Game Settlement Agreement and the conditions. Thus, the potential for impacts associated with the project have been reduced from what was originally analyzed in the EIR. The scope of the project has been downsized from was originally approved. The project alterations are due to the Settlement Agreement. The proposed fencing of the golf course is to retain domestic animals within residential areas (Bighorn Sheep Mitigation No. 11). The State of California Department of Fish & Game removed the fence requirement so Bighorn Sheep could traverse the golf course. The City Council did not defer to delete conditions with respect to sewer, retention of storm water onsite. A hydrology study is required to analyze on- and oft-site drainage. The applicant is required to submit final landscape plans as a part of the conditions of approval. The applicant has donated 565 acres to Parks, Open Space and Trails Foundation to be held as permanent open space. A Fugitive Dust and Erosion Control Plan has been submitted for approval as a part of the grading plan. The mitigation measures regarding hazardous materials were not modified by the City Council. Thus, no further mitigation is necessary. f. The EIR that was adopted and certified in 1993 fully analyzed the Peninsular Bighorn Sheep with respect to potential impacts and mitigation measures. An Addendum to the EIR dated April 20, 2006 has been prepared for the project and did not identify any additional impacts. A letter from John Wehausen, Ph.D. finds that the biological conditions at the site are not significantly changed since the EIR was adopted. The certified EIR fully analyzed the Peninsular Bighorn Sheep with respect to potential impacts and mitigation measures. In addition, the settlement agreement, a Ordinance No. 1689 Page 5 legal and binding contract, required additional measures regarding the bighorn sheep. , These measures included a "No Development Zone"; acquisition of 340 acres in Blasedell Canyon to replace the 331 acres of bighorn sheep habitat disturbed by the project; payment of $50,000 to the State Fish & Game Department for a study of the bighorn sheep in the San Jacinto Mountains, Thus, no further mitigation is necessary. g. The application entails construction of an 18-hole golf course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67 acres. The application does not include development of the Indian land along the northwestern portion of the site. Since the application at this time does not include the Indian land along the northwestern portion of the site, this will ensure that this property will not be developed as a part of this project. If development is ever proposed on this property, separate environmental review may be required at that time. h. The certified EIR adequately addressed and reviewed five alternative sites for the subject property. Based on the criteria used, many of the alternative sites contain constraints that would not meet the Citys and Developers objectives. There is also an approved Planned Development District that allows the developer the right to pursue development of the subject property. I. The grading proposed at this time has been reduced from what the certified EIR originally analyzed. The size of the golf course has been reduced from 158 acres to 142 acres. The certified EIR indicated that there will be 122,234 cubic yards of earth cut, about 609,491 cubic yards of earth fill, and approximately 490,000 cubic yards of earth imported as fill; however, because of the reduced scope of the project, the amount of grading has also been reduced. It is estimated that there will be 370,000 cubic yards of earth cut, about 350,000 cubic yards of earth fill, and about 280,000 cubic yards of import fill. Thus, the potential for an impact related to grading has been reduced from what was previously analyzed in the EIR. j. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the Preliminary Planned Development District and tentative tract map. The right-of-way off-site improvements, which are required by the Preliminary Planned Development District and the Final Environmental Impact Report, are related to the project since the property owners must use Tramway to access the site. Currently, the subject property is vacant and therefore little or no usage of the roads, sidewalks and utilities is due to the subject property at this time. However, the future property owners will benefit from any improvements made to Tramway such as dedication of easements, sidewalks/bikepaths and future widening. Modifications are required to meet City engineering standards. The required widening and vertical/horizontal street improvements will provide safety benefits to the property owners and will aesthetically enhance the subject area. SECTION 7. Pursuant to Government Code Section 66474.6, the People of the City of Palm Springs have determined that the discharge of waste from the proposed project into the existing sewer system will not result in a violation of existing requirements prescribed Ordinance No. 1689 Page 6 by the Regional Water Quality Control Board. On an interim basis septic tanks may be approved for the clubhouse only. SECTION 8. Based on the forgoing, the People of the City of Palm Springs approves a ten-year time extension of the term of the Development Agreement originally approved by Ordinance No. 1462 between the City and Shadowrock Real Estate Development, LLC, ending June 29, 2016, and accepts the offer of $500,000.00 from Shadowrock Real Estate Development, LLC for general government purposes. SECTION 9. The Mayor is hereby directed to execute an amendment to the Development Agreement as described in this Ordinance and as approved as to form by the City Attorney.