HomeMy WebLinkAbout24195 RESOLUTION NO. 24195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RESCINDING AND
OTHERWISE SETTING ASIDE APPROVAL OF
RESOLUTION NO. 23415 RELATING TO AN AMENDMENT
TO THE 2007 PALM SPRINGS GENERAL PLAN REVISING
RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING
CLOSED RANGES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On or about September 4, 2013, the City Council adopted Resolution No. 23415
amending the 2007 Palm Springs General Plan by modifying the General Plan's
treatment of residential land use densities (the "Amendment") and finding that the
adoption of the Amendment was categorically exempt under the California
Environmental Quality Act ("CEQA") as a minor alteration in land uses.
B. Subsequent to the City Council's adoption of Resolution No. 23415, a lawsuit
challenging the City's adoption of the Amendment was filed alleging that the
Amendment had the potential to reduce residential densities in the City and as a result,
it was not categorically exempt under CEQA. The Superior Court rendered judgment
for the City, but the Court of Appeal, Fourth Appellate District, Division Two, reversed
and entered judgment against the City, directing the Superior Court of Riverside County
to issue a preemptory writ of mandate ordering the City to "vacate both its issuance of
an exemption under CEQA concerning the Amendment, and its September 4, 2013,
Resolution No. 23415 certifying and approving the Amendment."
C. As a result of the Court of Appeal decision, the City Council is required to rescind
its approval of Resolution No. 23415, which contains both the, Amendment and the
CEQA finding.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RESOLVES:
SECTION 1. The City Council of the City of Palm Springs hereby rescinds and
sets aside its approval of Resolution No. 23415 amending the Palm Springs General
Plan and finding that the Amendment is categorically exempt under CEQA. City staff is
hereby directed to make such revisions as are necessary in the General Plan document
to reflect the action taken by the City Council.
SECTION 2. The City Attorney shall submit a copy of this resolution to the
Superior Court of Riverside County in satisfaction of the requirements of the peremptory
writ of mandate.
Resolution No. 24195
Page 2
PASSED, APPROVED, AND ADOPTED THIS 151h DAY OF MARCH, 2017.
David H. Ready, Esq., Ph.D.
'tD✓ City Manager
ATTEST:
1 J/
Kathleen D. Hart, MMC
Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Resolution No. 24195 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
introduced at a regular meeting of the Palm Springs City Council on the 15th day of
March, 2017, by the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None
Kathleen D. Hart, MMC
Interim City Clerk