HomeMy WebLinkAbout1919 ORDINANCE NO. 1919
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE PALM SPRINGS ZONING
CODE, CANYON SOUTH SPECIFIC PLAN, AND
GENERAL PLAN TO DESIGNATE OSWIT CONE AS AN
AREA SUBJECT TO THE ENVIRONMENTALLY
SENSITIVE AREA REGULATIONS. (Initiate as filed on
January 26, 2017)
CITYATTORNEY'S SUMMARY
This initiative measure designates Oswit Cone, as defined, as a Special
Policy Area of the City. The initiative measure amends selected provisions
of the General Plan and the Canyon South Specific Plan, and readopts
with amendments provisions of the Zoning Code relating to the "ESA-SP"
(environmentally sensitive area specific plan) Zone of the City in their
entirety, for the purpose of implementing special policy treatment to Oswit
Canyon property.
The measure establishes Oswit Canyon as Planning Area 10 within the
ESA-SP land use designation in the Zoning Code. The measure, by
readopting the ESA-SP Zone, incorporates various regulations pertaining
to uses, property development standards, design standards, and specific
requirements for the preparation of specific plans. In addition to uses
allowed in Planning Areas 1 through 9, the measure permits tourist
serving commercial uses, including services primarily oriented to eco-
tourism in Oswit Cone.
The measure limits development in Oswit Cone to one (1) dwelling unit for
forty (40) acres. Density in excess of this limit can be considered with the
submittal of a Specific Plan and associated environmental documentation.
The initiative measure identifies specific changes of significance that have
occurred since the preparation of an Addendum approved in 2006 to a
1991 Environmental Impact Report (and 2003 Addendum) and expressly
mandates the preparation of a new or Subsequent Environmental Impact
Report prior to consideration of any development within the ESA-SP Zone,
including Planning Areas 1 through 9 as well as Oswit Cone.
In the event the initiative measure is adopted by the voters, the provisions
of the measure, including all provisions of the existing ESA-SP Zone, can
only be amended or repealed by a vote of the voters of the City at a
special or general election.
Ordinance No. 1919 Page 2
RECITALS
WHEREAS, pursuant to Article 1, of Chapter 3, of Division 9, of the California
Elections Code, on January 26, 2017, an initiative petition was received proposing
amendments to the Palm Springs General Plan, Zoning Code and the Canyon South
Specific Plan;
WHEREAS, the Charter of the City of Palms Springs, Section 501(g), designates
the City Clerk as the election official for the City of Palm Springs;
WHEREAS, the City Clerk examined and/or caused the counting and
examination by means of a 100% verification process of the signatures on said petition;
WHEREAS, the number of valid signatures required to qualify said petition to call
a special election is 3,810, and the number of valid signatures on said petition was
4,057;
WHEREAS, California Election Code Section 9214 requires that when a petition
has been filed with the City, signed by more than 15 percent (15%) of the number of
registered voters of the City, it must be enacted by the legislative body of the City or
submitted to a vote of the people;
WHEREAS, pursuant Election Code § 9214 (a) the City Council of the City of
Palm Springs has determined to enact said initiative petition;
WHEREAS, Election Code § 9214 (a) states "Adopt the ordinance, without
alteration, at the regular meeting at which the certification of the petition is presented,
or within 10 days after it is presented;" therefore, this ordinance language has been
adopted without alteration and exactly as shown in the initiative petition;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION I: TITLE
This initiative and measure may be known and referred to as "Zoning Change To
Preserve Native Desert Lands In The Oswit Cone / Canyon Alluvial Fan For Future
Generations Of Palm Springs Residents."
SECTION II: FINDINGS AND PURPOSE
The People of the City of Palm Springs find as follows:
WHEREAS the City of Palm Springs Sustainability Plan 2016 calls to establish
Palm Springs as a premiere ecotourism destination in the U.S. by improving nature-
based tourism.
WHEREAS during the past 25 years, significant environmental changes have
occurred rendering the Canyon South Specific Plan inconsistent with the General Plan,
Ordinance No. 1919 Page 3
failing to adequately consider current economic, environmental and social
considerations including Palm Springs' tourism objectives changing from golf to the new
eco-tourism, consistent with the General Plan Land Use Element.
WHEREAS the approximately 256 acres of vacant land described below is
located substantially at the southwestern border of Palm Springs at the foot of the San
Jacinto National Monument substantially adjacent the San Jacinto National Monument.
WHEREAS the approximately 256 acres of vacant land described below are
located within Section 34 township 4 south, range 4 east San Bernardino Base and
Meridian, as shown on the plat map.
WHEREAS Section 34 is classified under the General Plan as a "Biological
Sensitivity and Conservation Area", a "Cultural Resources: Prehistoric area likely to
have prehistoric village sites including deep hidden deposits" and "Cultural Resources:
Historic Archaeology area of known Historic Archaeological Sites".
WHEREAS Section 34, and more specifically the Oswit Cone (Oswit alluvial fan
and Oswit Canyon) includes at least the equivalent irreplaceable geological,
environmental, archeological, cultural, endangered species habitats (study areas) and
nature elements of the Chino Cone and Palm Hills which were rezoned to
Environmentally Sensitive Area — Specific Plan (ESA-SP).
WHEREAS one or more of the six (6) lots to be zoned ESA-SP overlap the
eastern edge of the Cahuilla Indian Tribal Habitat Conservation Plan (THCP) intended
to preserve archeologically important cultural artifacts, endangered species and the
natural wilderness, and further lies adjacent to the San Jacinto National Monument.
WHEREAS the southern border of the proposed ESA-SP zone adjoins Cahuilla
Indian tribal lands owned by individual tribal allottees, and which is governed by the
Bureau of Indian Affairs.
WHEREAS the slope of the lands comprising substantially the western edge of
Section 34 exceeds 30 degrees, and are not developable.
WHEREAS the City has established precedent in protecting its irreplaceable
natural assets by rezoning areas as ESA-SP, and that Oswit Cone (Oswit alluvial fan
and Oswit Canyon) meets the conditions for rezoning as ESA-SP as established by
precedent.
WHEREAS, Palm Springs General Plan Land Use Element LU1.9 mandates that
all development shall be sensitive to natural features, including washes, hillsides, and
views of the mountains and surrounding desert areas."
WHEREAS, Palm Springs General Plan Land Use Element LU1.12 mandates
that "land uses maintain and expand parks, recreational trails, bikeways, and pedestrian
corridors and linkages throughout the City and between Palm Springs and adjacent
municipalities."
Ordinance No. 1919 Page 4
WHEREAS, Palm Springs General Plan Land Use Element LU2.1 mandates that
the City "Evaluate the effectiveness of using overlay zones as a technique of preserving
the character of selected areas of the City."
WHEREAS, Palm Springs General Plan Land Use Element LU7.8 mandates that
the City shall "Provide and maintain a variety of outdoor recreational opportunities and
venues and encourage the development of eco- tourism."
WHEREAS the trailhead of the historic Lykken Trail that leads to Oswit Canyon,
and the Oswit alluvial fan, and to trails that are connected to the historic trails of the
Environmentally Sensitive Area known as the Chino Cone alluvial fan are located within
Section 34.
WHEREAS the US Fish and Wildlife Service (USFWS) listed within Section 34
endangered species including Peninsular Bighorn Sheep, the Casey's June Beetle and
other species in the immediate and adjacent vacant land, the environmental impact on
the listed endangered species having not been adequately considered by
Environmental Impact Reports completed before the species listings.
WHEREAS a 2014 study of climate change related changes in water resources
of the San Jacinto National Monument found significant archeological features including
ancient petroglyphs attributed to pre-Cahuilla Indian societies in the greater Oswit
Canyon area.
WHEREAS a 2014 study of climate change related changes in water resources
of the San Jacinto National Monument found more significant declines in surface water
resources for Peninsular Bighorn Sheep in the Santa Rosa Mountains compared to the
San Jacinto Mountains, and predicted increased sheep herd migration into the San
Jacinto Mountains and the Oswit Cone area (Oswit alluvial fan and Oswit Canyon).
WHEREAS the approximately 256 acres of vacant land described below are
zoned R1A, PPD established under the 1991 Canyon South Specific Plan as amended
in 2003 for the purpose of developing a golf-based tourist destination.
WHEREAS the approximately 256 acres of vacant land described below host
thousands of ecotourist from around the world, and is Palm Springs' most important
ecotourism asset.
WHEREAS the best land use of the approximately 256 acres of vacant land
described below is for preservation of Palm Springs cultural, geological and
environmental assets consistent with the City of Palm Springs Sustainability Plan 2016
as an environmentally sensitive area.
WHEREAS Palm Springs City Ordnance No. 1700 created a new zone district,
the Environmentally Sensitive Area Specific Plan Zone (ESA-SP), for the preservation
of open space so as to preserve the character of the land consistent with the City's
General Plan.
WHEREAS the ESA-SP zone is divided into planning areas (PA) consisting of
PA-1 through PA-9.
Ordinance No. 1919 Page 5
WHEREAS Palm Springs City Ordnance No. 1700 authorizes the City Council to
change zoning for additional areas to ESA-SP from time to time.
WHEREAS Palm Springs City Council may change zoning on the vacant land
described below to ESA-SP.
WHEREAS Palm Springs Municipal Code 92.21.1.06, et. seq., establishes that
before any land within a planning area may be subdivided pursuant to the Subdivision
Map Act (Government Code Sections 66410, et. seq.), a specific plan shall be prepared
and adopted for the entire planning area, and that an environmental impact report
("EIR") is required for each specific plan.
WHEREAS all rules and regulations for ESA-SP are codified as Palm Springs
Municipal Codes 92.21.1.00, 92.21.1.01, 92.21.1.02, 92.21.1.03, 92.21.1.04,
92.21.1.05, 92.21.1.06, 92.21.1.07, and 92.21.10 as amended.
WHEREAS the General Plan shall be amended and submitted concurrently with
the Specific Plan Amendment. As part of this Amendment, the Low Density Residential
(1-2), Conservation (C), and Fire Station (F) designations west of South Palm Canyon
will be removed, leaving only the Environmentally Sensitive Area — Specific Plan (ESA-
SP) designation for this area.
WHEREAS ESA-SP west of South Palm Canyon shall be referred to as planning
area number ten (PA-10).
WHEREAS a Zoning Map amendment is not included in this Specific Plan
Amendment since the entire project area is to be implemented through the City of Palm
Springs protocols, consistent with the new Canyon Specific Plan amendment as
described herein.
WHEREAS the city of Palm Springs is directed to change Canyon Specific Plan
and General Plan zoning maps to reflect the newly zoned ESA-SP, Planning Area 10.
WHEREAS any amendment or change to ESA-SP zoning for the approximately
256 acres of vacant land shall be made only by voter approved initiative.
SECTION III: SPECIFIC CHANGES TO THE MUNICIPAL CODE
Chapter 92.00, Sections 92.21.1.00 through 92.21.1.07 are amended as follows. All
changes to existing text shown as underlined, deletions are shown as strikeouts.
92.21.1.00 "ESA-SP" environmentally sensitive area specific plan zone.
A. The ESA-SP zone is intended to provide for the development of
environmentally sensitive areas of the city in a manner that will preserve the
open, rural character of these areas while allowing development of ranchettes
and clustered single- and multiple family or resort projects.
Ordinance No. 1919 Page 6
B. The purpose of the zone is to facilitate the preservation of open space
through the creation and implementation of development review considerations
that will ensure the evaluation of the suitability of the land for development in a
manner which would preserve the character of the land consistent with the
policies in Section 92.21.1.05 of this code.
C. The ESA-SP zone is divided into planning areas, as indicated on the
zoning map. The ESA-SP zone includes the Chino Cone, North Palm Canyon
Drive north entry corridor, and other areas which the city council may designate
from time to time by ordinance. A specific plan, allowing only sensitive and
appropriate uses, densities, distributions, and design standards, is required for
each Planning Area. All development will be required to be consistent with the
adopted specific plan.
D. The provisions of the ESA-SP zone shall supersede any conflicting
provisions of the Palm Springs Zoning Code. The regulations in this Section and
92.21.1.01 through 92.21.1.07 inclusive shall apply to those areas designated
"ESA-SP" on the zoning map and shall be liberally construed to effectuate their
purposes. Specifically, the provisions of Section 94.03.00 (Planned Development
District — PD) shall not be used to increase the density or intensity of
development or modify design standards beyond that expressly permitted under
the ESA-SP zone or an applicable specific plan. (Ord. 1700 § 3, 2006)
92.21.1.01 Uses permitted.
A. Uses Permitted in All Planning Areas, subject to special planning area
exceptions herein.
1. Single-family dwellings, not to exceed one (1) unit per forty (40) net
acres, excluding for density calculation purposes all lands with slopes in
excess of thirty (30) percent or within established flood zones.
2. Accessory buildings and uses customarily incidental to the
permitted use when located on the same lot therewith. It is unlawful to
construct, erect or locate any accessory building without a permitted main
building. Servants quarters, guest houses and accessory living quarters
may be erected in detached structures but shall not be provided with
kitchen arrangements or other provisions for meal preparation.
3. Home occupations subject to the provisions of Chapter 5.21 of the
Palm Springs Municipal Code.
B. Uses Permitted by Specific Plan in all Planning Areas.
The following uses may be permitted in all planning areas, subject to
enactment of a specific plan by California Government Code Section 65450 et
seq., as amended:
1. Single-family dwellings.
2. Multiple-family residential.
Ordinance No. 1919 Page 7
3. Public parks, recreational areas, and open space, but not to include
places of assembly, except as otherwise permitted in this chapter.
4. Resort hotels, hotels, condominiums, time-shares, including
incidental or accessory commercial uses operated primarily for the
convenience of residents and guests.
5. Nature centers, museums and other facilities that interpret and
support the natural environment.
6. Accessory structures and uses customarily incidental to the above
uses, located on the same lot therewith, and designed as an integral part
of any residential or hotel facility, including:
a. Athletic, sport and recreation clubs.
b. Country clubs, golf courses driving ranges, tennis and
swimming facilities.
C. Restaurants, not including drive-in, drive-through or fast-food
establishments.
d. Spas, subject to compliance with Chapter 5.34 of the
Municipal Code.
C. Uses Permitted by Specific Plan in Planning Area 5A.
In addition to the uses specified in subsection B of this section, the
following uses may be permitted in Planning Area 5A, subject to enactment of a
specific plan by California Government Code Section 65450 et seq., as
amended:
1. Tourist-serving commercial activities, including retail goods and
services primarily oriented to the traveler, including restaurants and
entertainment. Community-oriented retail, such as a shopping center
anchored by a grocery store, is not permitted for this site.
D. Uses Permitted by Specific Plan in Planning Area 10.
In addition to the uses specified in subsection A of this section, the
following uses may be permitted in Planning Area 10, subject to
enactment of a specific plan by California Government Code Section
65450 et seq., as amended:
1. Tourist-serving commercial activities, including services primarily
oriented to the eco-tourist, including nature tourism and guided touring
such as bird watching, geological or environmental tourism, culture and
history educational activities, artistic activities such as photography and
painting, nature hiking, and equestrian activities as approved. Community-
oriented retail primarily selling merchandise is not permitted for this site.
Ordinance No. 1919 Page 8
92.21.1.02 Uses prohibited.
All uses and structures not permitted in Section 92.21.1.01 are deemed to be
specifically prohibited. The following classifications of uses shall not be permitted in the
zone by commission determination:
A. Commercial uses, excepting those otherwise provided for herein.
B. Industrial uses.
C. Institutional uses.
D. Mobile home parks.
E. Equestrian facilities.
F. Recreational vehicle parks.
92.21.1.03 Property development ment standards—Permitted uses.
The following property development standards shall apply to all land and
buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01(A), except
that any lot created in compliance with applicable laws and ordinances in effect at the
time of its creation may be used as a building site.
A. Density. The allowable density shall be one (1) dwelling unit per forty (40)
acres.
B. Lot Area. Each lot shall have a minimum net lot area of twenty (20) acres.
C. Lot Dimensions.
All lots hereafter created shall comply with the following minimum
standards and lots now held under separate ownership or of record shall not be
reduced below these standards.
1. Each lot shall have a minimum width of five hundred (500) feet.
2. Each lot shall have a minimum depth of five hundred (500) feet.
D. Building Height.
1. Buildings and structures erected for single family residential use shall have
a height not greater than fifteen (15) feet above approved finished grade. The
total height of the building or structure, measured from the approved finished
grade immediately adjacent to the lowest point of the structure to the highest
point of the structure, shall not exceed twenty-five (25) feet.
E. Yards.
1. General provisions. The provisions of Section 92.01.00 shall apply.
2. Front yard. There shall be a front yard of not less than fifty (50) feet.
Ordinance No. 1919 Page 9
3. Side yard. Each lot shall have a side yard on each side of not less
than fifty (50) feet.
4. Rear yard. Each lot shall have a rear yard of not less than fifty (50)
feet.
F. Distance Between Buildings. The minimum distance between buildings
shall be fifteen (15) feet except as otherwise provided in this section.
G. Walls, Fences and Landscaping. The provisions of Sections 93.02.00 and
94.21.1.06(F)(3) shall apply, except that no more than one (1) acre of land
per lot shall be enclosed by any wall or fence.
H. Access. The provisions of Section 93.05.00 shall apply.
I. Off-street Parking. The provisions of Section 93.06.00 shall apply.
J. Design Standards. All development shall be designed to comply with the
design standards for the environmentally sensitive areas, Section 94.21.1.05 of
this code.
92.21.1.04 Property development standards—Uses subject to a specific plan.
The following property development standards shall apply to all land and
buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01(B).
A. Requirement for Area-wide Specific Plan.
A specific plan submitted under this ordinance shall include not less than
an entire planning area, except Planning Area 3. A specific plan submitted for
Planning Area 3 shall include not less than ten (10) acres. Minor adjustments to
planning area boundaries may be allowed.
B. Density and Open Space.
1. The following dwelling unit densities and requirements for open
space are established for the planning areas within the ESA-SP. For
purposes of calculating densities of hotels and other tourist
accommodations, a hotel room or similar unit shall count as 0.70 of a
residential dwelling unit:
Ordinance No. 1919 Page 10
Planning Maximum Minimum Minimum Maximum
Area Allowed Required Open Required Open Floor Area
Density Space: All Forms Space:
Undeveloped
1 Go to Base Zone One DU /40 Acres
2 2 DU /Acre 72% of Project 35% of Project 6,000 SF /
Area Area DU
3 Tribe Specific Plan
4 2 DU /Acre 72% of Project 35% of Project 6,000 SF /
Area Area DU
5 6 DU /Acre 72% of Project 35% of Project 2,000 SF /
Area Area DU
5A 0.25 Floor Not Applicable Not Applicable Not
Area Ratio A licable
6 1.5 DU /Acre 79% of Project 40% of Project 6,000 SF /
Area Area DU
7 Go to Base Zone One DU /40 Acres
8 2 DU /Acre 72% of Project 35% of Project 6,000 SF /
Area Area I DU
9 1 DU /Acre 81% of Project 40% of Project 8,000 SF /
Area Area DU
10 Go to Base Zone One DU /40 Acres
2. Undeveloped open space shall exclude all lands with slopes in
excess of thirty (30) percent above the toe of slope, and shall be limited to
natural and renaturalized land, and hiking trails. Dedication for public
access shall be provided to undeveloped open space.
3. Floor area shall include all enclosed and covered structures,
including all habitable space, garages and carports, solid roofed patios,
porte cocheres and other solid roofed accessory buildings and structures.
Open, uncovered patios, driveways, walkways, water and landscaping
features shall not be included.
4. Remaining open space may include roads and other paved
accessways, recreational facilities, golf courses, landscaping, water
features and other uncovered features.
5. In all Planning Areas other than Planning Area 5A, commercial uses
shall not exceed fifteen (15) percent of the total floor area of the
development (including all residential and hotel units). For purposes of
calculating commercial density, all leasable commercial space shall be
counted, including retail, restaurants, pro shops and convention space.
Common facilities, such as lobbies, rest rooms, general service areas and
management offices shall not be included.
Ordinance No. 1919 Page 11
6. In Planning Area 5A, total enclosed building area shall not exceed a
floor area ratio of 0.25.
7. In Planning Area 9, lands within the floodplain and lands exceeding
thirty (30) percent slope shall be excluded from the density calculation. It
is expected that remaining land available for calculation of density is
approximately two hundred forty-four (244) acres.
C. Building Height.
Buildings and structures erected for single family residential use shall have
a height not greater than fifteen (15) feet above approved finished grade. The
maximum height of the building or structure, measured from the approved
finished grade immediately adjacent to the lowest point of the structure to the
highest point of the structure shall not exceed twenty-five (25) feet.
For all buildings, the maximum allowed height shall be as established by
the applicable adopted Specific Plan.
D. Lot Area, Lot Dimensions, Yards, and Distance Between Buildings.
Development standards shall be as established by the applicable adopted
specific plan.
E. Walls, Fences, and Landscaping.
The provisions of Sections 93.02.00 and 94.21.1.05(H)(3) shall apply.
Development standards for walls, fences, and landscaping shall be as
established by the applicable adopted specific plan.
F. Access.
The provisions of Section 93.05.00 shall apply, except as may be modified
by the applicable adopted specific plan.
G. Off-street Parking.
The provisions of Section 93.06.00 shall apply, except as may be modified
by the applicable adopted specific plan.
H. Design Standards.
All development shall be designed to comply with the design standards for
environmentally sensitive areas, Section 94.21.1.05 of this code.
92.21.1.05 Design standards.
The purpose of the ESA-SP zone is to protect environmentally sensitive lands by
establishing standards for the design, construction, operation, and maintenance of
development projects. The design and preparation of the site shall have as their first
Ordinance No. 1919 Page 12
objective the minimal disturbance of the underlying landforms, site topography, and
surface environment of the affected planning area. Any proposed project shall introduce
development which appears and functions as an integral part of the site's natural
environment. To protect environmentally sensitive land, all development projects within
any planning area shall be subject to a design review process with the following
components:
A. Environmental Analysis.
Concurrent with the submission of any proposed project application for a
specific plan, tentative map or building permit application, an environmental
analysis shall be prepared and submitted to the city. The analysis shall include a
map and text which identify all major and minor environmental conditions on the
subject site and major environmental conditions in the surrounding area,
including lands within five hundred (500) feet of the site, with the surrounding
area subject to final determination by the director of planning services. At a
minimum, the analysis shall identify and describe the following subjects:
1. Geologic conditions.
2. Cultural resources.
3. Topographic conditions.
4. Unique rock formations and mineral deposits.q epos ts.
5. Drainage patterns and local watershed boundaries.
6. Minor and major water channels.
7. Significant landscape features, oases, etc.
8. Flora and fauna.
9. Non-native plant species.
10. Significant animal species.
11. Prior development history.
12. Existing development.
A plan for the removal or other treatment of boulders shall be prepared as part of
the specific plan and evaluated in the associated environmental impact report.
The analysis provides the basis for project site planning, and the applicant
shall design and locate proposed development to minimize impacts on
environmental conditions.
B. View Analysis.
Concurrent with the submission of any proposed project application for a
specific plan, tentative map or building permit application, a view analysis shall
be prepared and submitted to the City. The analysis shall include a map, photos
and text which identify views of the project site from the North Palm Canyon
Drive, Tram Way and other viewpoints, with the actual viewpoints subject to final
Ordinance No. 1919 Page 13
determination by the Director of Planning Services. At a minimum, the analysis
shall address the following related to the selected viewpoints:
1. Areas of the subject site which are visible.
2. Areas of the site which may be screened or otherwise oriented so
as not to be visible.
3. Potential building envelopes (volumes) that would not be visible.
4. Strategies for maintaining existing screening features.
5. Strategies for implementing and maintaining proposed screening
features.
A three (3) dimensional graphic representation of final build-out shall be required
as part of any specific plan application, including scale model, computer
simulation or similar presentation. All proposed grading, including roads and
parking lots; and all structures, including habitable and non-habitable buildings,
storage tanks, and all walls shall be shown.
The analysis provides the basis for establishing the locations and heights
of structures and other support features, and the applicant shall locate proposed
development to minimize off-site views of the project.
C. Trails Analysis.
Concurrent with the submission of any proposed project application for a
specific plan, tentative map or building permit, a trails analysis shall be prepared
and submitted to the city. The analysis shall include a map and text which identify
all existing trails and all proposed trails within the project area. Existing trails shall
include public trails established by dedication of easement or similar conveyance
and trails established by use.
D. Mandatory Standards.
The following standards shall apply to all development in environmentally
sensitive areas and shall not be modified by any specific plan.
1. Mass grading to create large, single-level flat pads is prohibited.
2. Pad heights are not significantly raised beyond the natural
topography. Any pad height more than two (2) feet above natural
topography may be deemed significant.
3. The master plan of drainage shall be implemented.
4. Retention basins are prohibited where a sufficient master plan of
drainage has been implemented. Street and site plan layout shall follow
natural terrain.
5. Streets and paving areas are paved with decorative or colored
concrete or pavers to match color of existing terrain. Asphaltic concrete
shall not be allowed.
Ordinance No. 1919 Page 14
6. No street lighting is allowed.
7. Vegetation removed for utility construction or maintenance is
replaced with appropriate landscaped areas.
8. All utility lines are located underground, except screening from
public view in a manner that represents natural desert landscaping may be
allowed when undergrounding is not feasible.
9. All water lines located in public or private street rights-of-way are
located within the pavement sections.
10. Water lines located outside of rights-of-way require waterline
easements.
11. Any visible portion of a water storage facility has an exterior color to
match surrounding native stone, soil color or backdrop.
12. Location and design of water storage facilities are coordinated in
advance with the Desert Water Agency.
13. Water tanks are not located on slopes greater than 3:1.
14. All wastewater lines, including force mains, located in public or
private street rights-of-way are located within the pavement sections.
15. Wastewater lines located outside of rights-of-way require sewer line
easements that include full vehicular and equipment access.
16. All exterior colors, materials and finishes blend with the color and
texture of surrounding stone or soil.
17. Reflective building materials are not used. Solar panels shall be
non-reflective.
18. The forms of buildings, structures and other improvements are not
repetitive, but respect and interpret the forms of the surrounding
landscape and present a custom design appearance.
19. Stepped elevations and floor levels are used to avoid massive
building forms and wall surfaces.
20. All exterior mechanical equipment is screened with material that
complements the surrounding structures and environment.
21. Project gates, if proposed, shall be limited to vehicular access
control only.
22. Project signage shall be designed to blend with the natural
environment.
23. No curbs shall be allowed.
24. At least one nature interpretive center in each planning area shall
be provided as part of the development of the public trails system, if
applicable.
E. Site Preparation.
Ordinance No. 1919 Page 15
The design and preparation of the site shall have as their objective: The
minimal disturbance of the underlying landforms, site topography and surface
environment of the Chino Cone and adjacent areas, and the introduction of
development which appears and functions as an integral part of the site's natural
environment. The following principles describe how the objectives for site
preparation would be fulfilled.
1. Guiding Principles. Grading:
a. New development is designed to follow existing slopes and
contours.
b. Cut-and-fill techniques to create flat development pads is
avoided.
C. Slopes do not exceed 1-1/2 to 1.
d. Retaining walls are limited to:
1. Retaining walls that are part of a building foundation.
2. Transition retaining walls taper from a maximum height of five (5)
feet with a maximum overall length of twenty-five (25) feet.
3. Walls are screened with boulders or other materials, as approved by
the specific plan.
e. Retaining elements composed of boulders, berms or other
non-manufactured materials provide variation in form and a natural
appearance.
2. Guiding Principles. Drainage:
a. Project drainage follows best practices, while maintaining the
natural run-off and channel characteristics.
b. Development preserves existing drainage patterns, natural
streams and local watershed boundaries.
C. Drainage volumes in existing channels are not increased
over natural levels.
d. Sedimentation characteristics of existing drainage channels
are maintained.
e. Natural, non-manufactured materials are used to assure the
stability of drainage channels.
f. The natural vegetation density and diversity of existing
channels are maintained.
g. No ponding of water occurs above cut or fill slopes.
h. Surface drainage interceptors are provided at the top of cut
or fill slopes to prevent erosion of slopes and graded areas.
Ordinance No. 1919 Page 16
i. All erosion control, and surface and sub-surface drainage
facilities are designed to provide stable and long-term erosion
protection.
j. Manufactured drainage facilities are covered or screened
with boulders and other materials to produce a natural appearance.
F. Street Design.
The design and placement of street and roads shall have as their
objective: The appearance of streets and roads as long strips of pavement
crossing natural slopes and contours shall be minimized, and their design and
construction shall minimize intrusions into local natural conditions.
The following principles describe how the objectives for street design
would be fulfilled:
1. Guiding Principles. Location of streets and roads.
a. Streets do not divert or block primary historical drainage
patterns.
b. The vertical profile of streets are aligned to closely match the
existing natural terrain.
C. Habitat connections and view corridors are not interrupted by
streets.
d. Curvilinear alignments and gently rolling profiles are
consistent with site topography. Excavations and embankments are
limited to the greatest extent possible.
e. Street alignments are located to avoid stands of vegetation,
rock outcroppings and other significant natural features.
2. Street and Parking Design.
a. Minimum public street widths are twenty-two (22) feet with no
on-street parking. Off-street guest parking is located and provided
in sufficient numbers to support the project.
b. Road shoulders widths are composed of crushed native rock.
Additional width may be required to accommodate drainage swales
or, where necessary, concrete gutters. Drainage swales shall be
composed of large stones and native soil.
C. Street intersections are not located within the alignment and
floodplain of major or minor water channels nor within boulder
clusters or other sensitive environmental features.
d. Shoulder slopes match pavement cross slope where
roadway cross-slopes are used to control drainage.
e. Maximum slope gradients within ten (10) feet of the roadway
edge do not exceed 4:1 for fill slopes and 3:1 for cut slopes.
Ordinance No. 1919 Page 17
f. Maximum height of cut and fill slopes, including any retaining
walls, is eight (8) feet. Retaining walls are the minimum height
necessary to meet this standard.
g. Roadway slopes do not create a continuous wall or cut/fill
condition, but vary in height and present an undulating appearance
consistent with the natural slope.
h. Slopes are rounded to blend into the existing terrain to
produce a contoured transition.
i. Street design accommodates stormwater runoff, as required
by a hydrology study approved by the city engineer. When used,
concrete closely matches adjacent paving materials. Standard grey
concrete material shall not be allowed.
j. Street design not meeting public street standards for
sections, widths, materials or other factors may be required to be
constructed and maintained as private streets. All streets on the
Chino Cone are recommended to be private, except collector
streets, as indicated in the specific plan.
3. Sidewalks.
a. No sidewalks are allowed, except only as may be required to
conform to state and federal accessibility requirements. Accessible
pathways shall be paved with decorative or colored concrete,
pavers, or other approved materials.
G. Utilities.
The location and installation of utilities shall have as their objective: The
minimal disturbance of the underlying landforms, site topography and surface
environment of the Chino Cone, and the introduction of services and utilities
which appear as an integral part of the site's natural environment.
The following principles describe how the objectives for site preparation
would be fulfilled:
1. Guiding Principles. General criteria for utilities:
a. Utilities are located to minimize any degradation to the key
natural features identified on the environmental analysis.
b. Utility crossings do not obstruct or constrict drainage
courses.
C. Utility corridors requiring frequent maintenance are not
located within significant riparian, vista or habitat corridors.
2. Guiding Principles. Water distribution lines:
Ordinance No. 1919 Page 18
a. Water meters are located adjacent to driveways and shall
minimize impacts on environmental conditions.
b. Water lines only cross water channels within street rights-of-
way.
3. Guiding Principles. Water storage facilities:
a. Water storage facilities minimize impacts on the surrounding
environment.
4. Guiding Principles. Wastewater collection lines:
a. Wastewater lines avoid side or rear yard areas and cut or fill
slopes.
b. Wastewater lines are not located within areas subject to
inundation by a one hundred (100)-year storm flow, unless
approved by the director of public works.
C. Wastewater lines only cross water channels within street
rights-of-way, and only when no other viable solution is available.
5. Guiding Principles. Other utilities:
a. All utility lines are located within public or private street
rights-of-way, but may be located outside of pavement areas.
H. Site Planning and Design.
The site planning and design of development shall have as their objective:
The minimal disturbance of the underlying landforms, site topography and
surface environment of each planning area and any adjacent planning area, and
the introduction of buildings, structures, and landscaping which appear and
function as integral parts of the site's natural environment.
The following principles describe how the objectives for site planning and
design would be fulfilled.
1. Guiding Principles. General criteria:
The following elements are preserved in the site plan:
a. Natural features, environmental functions and cultural
features, as determined by the Environmental Analysis.
b. View corridors, as determined by View Analysis.
C. The existing and proposed trail system.
d. Natural topography.
e. Natural vegetation.
f. Natural water channels and drainage ways.
Ordinance No. 1919 Page 19
g. Significant visual features, such as peaks, ridgelines, rock
outcrops, boulder fields, and significant stands of vegetation.
2. Guiding Principles. Design:
a. Development of Planning Area 5A harmonizes with and does
not overshadow Visitors Center.
b. Buffers in setbacks fluctuating between seventy-five (75) to
one hundred twenty-five (125) feet (average one hundred (100)
feet) are developed on properties fronting North Palm Canyon Drive
to screen development from motorists' views.
C. Buffers in setbacks fluctuating between fifty (50) to seventy-
five (75) feet (average sixty-two and one-half (62.5) feet) are
developed on properties fronting Tramway to screen development
from motorists' views.
d. All rooftops in Planning Areas 5 though 8 are screened from
highway view using berms, landscape materials and setbacks.
e. Passive solar control is incorporated into the architecture.
Recessed window and entry openings and deep roof overhangs are
examples.
3. Guiding Principles. Walls and fences:
a. Perimeter or property boundary walls and fences are
avoided.
b. Site walls and fences enclose the minimum area necessary
to provide privacy or code compliance (swimming pools, etc.).
C. Walls and fences do not cross significant desert vegetation,
water channels or significant topographic features.
d. Walls are designed to avoid unbroken lines, using
undulations, offsets, notches and similar features.
e. Walls and fences are screened with landscaping and
boulders to minimize visual appearance.
4. Guiding Principles. Lighting:
a. Exterior lighting fixtures are shielded to eliminate off-site
views of any direct light source. All lighting is directed downward
with no up-lighting of landscaping.
b. Maximum height for commercial, free-standing lighting
fixtures is eighteen (18) feet.
5. Guiding Principles. Landscaping:
Ordinance No. 1919 Page 20
a. The plant palette for any project is limited to drought-tolerant
plants, except as may be approved within a specific plan. Invasive
plants are not used.
b. Landscape lighting is not allowed, except as may be
approved within a specific plan.
C. Irrigation is of a non-spray design.
d. Turf areas are not visible from street views, except as may
be approved within a specific plan.
6. Guiding Principles. Energy conservation:
a. Comprehensive energy conservation and green building
principles are incorporated into project design, construction and
operation.
I. Findings Required for Approval.
Any application for development project within the ESA-SP zone may only
be approved if, in addition to the findings contained in Section 94.04.00 of the
Palm Springs Zoning Code, the following findings are made:
1. The project demonstrates a complete and integrated vision for
design, operation and use through the use of exemplary site planning,
architecture, landscape architecture, materials and color principles and
techniques.
2. The project is harmonious with, adapted to, and respectful of, the
natural features with minimal disturbance of terrain and vegetation.
3. The project is properly located to protect sensitive wildlife habitat
and plant species, and avoids interference with watercourses, arroyos,
steep slopes, ridgelines, rock outcroppings and significant natural
features.
4. The project will be constructed with respect to buildings, accessory
structures, fences, walls, driveways, parking areas, roadways, utilities and
all other features, with natural materials, or be screened with landscaping,
or be otherwise treated so as to blend in with the natural environment.
5. The project utilizes landscaping materials, including berms,
boulders and plant materials which, insofar as possible, are indigenous
and drought-tolerant native species.
6. The project grading will be terrain sensitive and excessive building
padding and terracing is avoided to minimize the scarring effects of
grading on the natural environment.
7. The project meets or exceeds open space area requirements of this
Section and in accordance with the conservation plan, and adequate
assurances are provided for the permanent preservation of such areas.
Ordinance No. 1919 Page 21
8. The project provides the maximum retention of vistas and natural
topographic features including mountainsides, ridgelines, hilltops, slopes,
rock outcroppings, arroyos, ravines and canyons.
9. The project has been adequately designed to protect adjacent
property, with appropriate buffers to maximize the enjoyment of the
subject property and surrounding properties.
10. The project will not have a negative fiscal impact on the city or its
citizens.
J. Performance Agreement.
Prior to the issuance of any permit for grading or construction of any
improvement on any property within an ESA-SP zone, the developer shall enter
into an agreement with the city, in a form approved by the city attorney, ensuring,
should the improvement not be completed as permitted, that the land will be
renaturalized in compliance with the provisions of this section. The obligations of
the developer pursuant to such agreement shall be secured in amounts required
by the city engineer necessary to complete such renaturalization consistent with
the provisions of Chapter 9.65 of the municipal code: however, such security
shall be in the form of cash, irrevocable letter of credit, assignment of a certificate
of deposit, or similar form of security approved by the city manager and the city
attorney.
K. Enforcement.
In addition to any remedy otherwise available to the city pursuant to this
code or the municipal code, the failure to protect the natural terrain or the
defacement, grading, grubbing, scaring or any other act disturbing the natural
terrain of any property within the ESA-SP zone without prior city approval of
plans for such work, or in a manner inconsistent with or in violation of plans as
approved by the city pursuant to this section or as otherwise provided in any
agreement as provided in subsection J of this section, shall be deemed a public
nuisance which may be abated pursuant to the city's nuisance abatement
procedures provided in Chapter 11.72 of the municipal code.
92.21.1.06. Specific plan requirements for development in ESA-SP Zone
A. Before any land within a planning area may be subdivided pursuant to the
Subdivision Map Act (Government Code Sections 66410, et. seq.), a specific
plan shall be prepared and adopted for the entire planning area to provide a
comprehensive land use plan complying with the goals and policies of the
general plan and the requirements of the ESA-SP zone. Each specific plan shall
include a detailed land use evaluation as provided in this section. An
environmental impact report ("EIR") is required for each specific plan. Each EIR
shall include a full discussion of land use alternatives and shall address planning
considerations and relationships with surrounding properties.
Ordinance No. 1919 Page 22
B. Each specific plan shall contain a land use element, a circulation and traffic
element (including roadway and trail design and planning), water conservation
element, recreation and open space element (including habitat mitigation), public
service and infrastructure element (including a fiscal impact analysis of the
effects of development on the city), and such other elements as the council may
require. In order to ensure that development within a planning area will not have
an adverse or negative impact on the city, a specific plan can require a
development agreement to ensure the provision of services and improvements or
the payment of fees, charges, or assessments to offset any negative or adverse
financial or fiscal effects on the city or its ability to provide services to the future
residents of the planning area and city as a whole.
C. Each Specific Plan shall identify those areas within the Planning Area that
are to remain as undeveloped open spaces, such as undevelopable slopes and
natural landmarks, etc., and which are to be used for game preserve, wildlife
corridor, passive recreational, or open space purposes, may be offered, through
dedication, to a governmental jurisdiction, or to a not-for-profit land trust,
conservancy, or similar organization whose charter allows for the ownership of
development rights which will preserve the natural open space in perpetuity. In
the event the public agency, or city, or land trust, conservancy, or similar
organization does not accept such an offer (of if such an offer is not made), the
specific plan shall provide regulations for the ownership and care of the open
space in such a manner that there can be necessary protection and maintenance
thereof. Such area shall be provided with appropriate access and shall be
designated as separate parcels which may be maintained through special fees
charged to the residents of the subject development or through an appropriate
homeowner's association or maintenance district. Where appropriate,
maintenance in perpetuity shall be guaranteed through the bond of the developer
or continuing funding by the developer's successors.
D. A specific plan for a planning area within the ESA-SP zone may only be
approved if, the following findings are made:
1. The development provided in the specific plan is harmonious with,
adapted to, and respectful of, the natural features with minimal
disturbance of terrain and vegetation.
2. The development within the specific plan is properly located to
protect sensitive wildlife habitat and plant species, and avoids interference
with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings
and significant natural features.
3. The development provided in the specific plan will be constructed
with respect to buildings, accessory structures, fences, walls, driveways,
parking areas, roadways, utilities and all other features, with natural
materials, or be screened with landscaping, or be otherwise treated so as
to blend in with the natural environment.
Ordinance No. 1919 Page 23
4. The development provided in the specific plan utilizes landscaping
materials, including berms, boulders and plant materials which, insofar as
possible, are indigenous and drought-tolerant native species.
5. The grading of land within the specific plan will be terrain sensitive
and excessive building padding and terracing is avoided to minimize the
scarring effects of grading on the natural environment.
6. The specific plan preserves open space areas to the maximum
extent permitted by this section and in accordance with the conservation
plan, and adequate assurances are provided for the permanent
preservation of such areas.
7. The specific plan provides the maximum retention of vistas and
natural topographic features including mountainsides, ridgelines, hilltops,
slopes, rock outcroppings, arroyos, ravines and canyons.
8. The development provided in the specific plan has been adequately
designed to protect adjacent property with appropriate buffers to maximize
the enjoyment of property within the specific plan and surrounding
properties.
9. The development provided in the specific plan will not have a
negative fiscal impact on the city or its citizens.
92.21.1.07 Transfer of density.
The purpose of this transfer of density section is to maximize the preservation of
open space, significant views, and other valuable characteristics of property within the
ESA-SP zone by allowing the re-distribution of development rights among properties
and between planning areas.
A. Transfer Between Properties.
Within any planning area, allowed residential development density may be
transferred from any one property to another on a one-to-one basis, subject to
approval of a specific plan. Density transfers shall be reviewed for the effect of
such transfers on increasing open space, preserving views, minimizing grading
or other land disturbance and reducing the expenditures for public services to the
development.
B. Transfer Between Planning Areas.
Between any planning areas, allowed residential development density may
be transferred with a bonus of 1.2 units at the receiving site for every unit from
the sending site, subject to approval of a single specific plan for all planning
areas subject to the transfer. Density transfers shall be reviewed for the effect of
such transfers on increasing open space, preserving views, minimizing grading
or other land disturbance and reducing the expenditures for public services to the
development.
Ordinance No. 1919 Page 24
C. Transfer Outside Planning Areas.
From any planning area, allowed residential density may be transferred to
any lot within the city with a bonus of 1.2 units at the receiving site for every unit
from the sending site, subject to approval of a specific plan for the sending
planning area and an appropriate entitlement for the receiving site, including but
not limited to a specific plan, conditional use permit, or a planned development
permit. Density transfers shall be reviewed for the effect of such transfers on
increasing open space, preserving views, minimizing grading or other land
disturbance and reducing the expenditures for public services to the planning
area and to the impacts on the receiving site or vicinity.
D. Density Transfer Performance Standards.
1. Density transfers shall not be allowed to Planning Areas, 2, 3, 6, er
7, or 10
2. Density transfers to Planning Areas 5, 8, or 9 shall only be allowed
from Planning Areas 1 through 9 10 inclusive.
3. For any receiver site, the applicable specific plan shall be prepared
to include an amendment to the applicable permitted land use densities of
the Palm Springs general plan.
SECTION IV: SPECIFIC CHANGES TO CANYON SOUTH SPECIFIC PLAN
The Canyon South Specific Plan is amended as follows. All changes to existing text
shown as underlined, deletions are shown as st ute
I. INTRODUCTION
(Reference Maps included as Exhibit 1-1 through 1-6)
D. Project Description
There are fear five distinct components to the project area: the golf course
redesign and clubhouse remodeling; the hotel and spa construction; existing and
proposed residential development; and conservation / open space, and
Environmentally Sensitive Area. The entire planning area encompasses 721±
acres of land, including the 145± acres of land for the golf course currently under
construction.
Finally, the project boundary will be reduced by approximately 20 acres at the
northeast corner, eliminating an area which has been determined to be
undevelopable under Stipulated Judgment.
Each component of the plan is described in further detail below. Table 1-1
illustrates the acreages and units in each land use designation within the plan.
Ordinance No. 1919 Page 25
Table 1-1
Land Use Designations within the Plan
No. of Units
No. of Previously
Land Use Acres Units Approved
Conservation 25589 0 16*
Open Space Golf Course 145 - -
Residential W8 218 M 566 834
Hotel 13 450 450
Environmentally Sensitive Area 256 6
ESA-SP
EI
Totals 721 ,M 1,300
1 022
Subject to provisions of Stipulated judgment
Residential Development
The existing and proposed residential developments within the project site will be
developed independently from the resort components of the Specific Plan, whereas the
previous plan envisioned a master developer for all the lands within the Specific Plan
Boundary. The residential developments will range from standard, large-lot single-family
subdivisions to cluster designs emphasizing common open space and recreation
facilities, and could total up to 8U 566 residential units. Some of the residential sited
within the plan area have been constructed since the original Specific Plan approval,
primarily consisting of individual single family homes. A single family residential tract
was also recently approved at the northeast corner of Acanto and South Palm Canyon.
The portion of the property described as the area westerly of South Palm Canyon Drive
within the designated critical habitat (Study Area) shall remain undeveloped until
additional environmental analysis can be performed as to potential impacts to
Peninsular Bighorn Sheep (PBS and Case 's June Beetle CJB ) Although extensive
environmental review has been performed for the project, the Study Area is especially
sensitive and additional review is warranted. This additional environmental review,
which shall be performed before any development is approved within the Study Area,
shall address, at a minimum, the proposed development's potential impact on the PBS
and CJB. Recovery Plans and potential impacts on designated critical habitat for PBS
and CJB.
Environmentally Sensitive Area (entire section added)
The ESA-SP zone is intended to provide for the development of environmentallv
sensitive areas of the city in a manner that will preserve the open rural character of
these areas while allowing development of ranchettes and clustered single- and multiple
family or resort projects. The purpose of the zone is to facilitate the preservation of open
Ordinance No. 1919 Page 26
space through the creation and implementation of development review considerations
that will ensure the evaluation of the suitability of the land for development in a manner
which would preserve the character of the land consistent with the policies in Section
92.21.1.05 of this code. The initial Canyon Specific Plan relied on an Environmental
Impact Report dated 1991, an Addendum in 2003, and an Addendum in 2006 none of
which adequately surveyed Changes of Significance occurring subsequent to 2006.
Residential development in the Environmentally Sensitive Area (ESA-SP) shall
be in accordance with the 1DU/40AC density limitation established for other ESA-SP
Zones on the Palm Springs General Plan.
The new ESA-SP zone has, and is expected to continue as one of Palm Springs
Primary eco-tourist destinations, drawing thousands of visitors from around the world
who experience, paint, photograph and hike through its scenic beauty,
Within the boundaries of this new ESA-SP Zone / PA-10, the US Fish and
Wildlife Service lists 6 endangered species. 2 threatened species, and 32 protected
migratory birds. The Casey's June Beetle (CJB) was added to the Federal endangered
species list in 2011.
In addition. a 2014 study on climate change in the San Jacinto National
Monument by the US Bureau of Land Management and Coachella Valley Mountain
Conservancy found ancient are-Cahuilla Indian Petroalyphs on the underside of
boulders in the area.
The discovery of ancient artifacts, the possible occurrence of endangered flora
and fauna species, in Study Areas within this boundary, and the significant change in
migration of Peninsular Bighorn Sheep into the San Jacinto range as a result of climate
change and drought are all Findings of Significance that have occurred subsequent to
the most recent EIR Amendment.
These Findings of Significance, pursuant to the CEQA Guidelines (CEQA §15065)
require that a new or Subsequent EIR be performed prior to any development within the
designated ESA-SP Zone.
II. GENERAL PLAN
A. General Plan Consistency
The project site is located in the southern portion of the incorporated City of Palm
Springs. As shown in Exhibit II-1, Existing Land Use Designations, the General Plan
lists land uses for this area as Parks and Recreation, Golf Course, attached and
detached (low, medium and high) Residential, Conservation, and Special Policy Area.
General Plan Land Use:
• H30: High Density Residential
• M15: Medium Density Residential
• 1-4: Low Density Residential
0 1-2: Low Density Residential
Ordinance No. 1919 Page 27
• C: Conservation
• PR: Parks and Recreation
• Golf Course Symbol
• W: Watercourse
• Special Policy Area (ESA-SP)
B. General Plan Amendment
The current General Plan designation for the southeast corner of Murray Canyon
and South Palm Canyon, the proposed hotel site, is M15, Medium Density Residential
(see Exhibit II-1). To accommodate the hotel and spa, a General Plan amendment to
increase the density will be submitted concurrently with the Specific Plan (see Exhibit II-
2). The new designation will be H30 Medium-high Density Residential. This designation
provides for the development of a threshold of twenty-one (21) dwelling units per acre
and a maximum if thirty (30) units per acre. Appropriate residential development under
this designation includes multiple-family apartments, resort hotels and similar
permanent and resort housing.
Also as part of this amendment, the designations of H30, M15, and PR west of
South Palm Canyon will be removed, leaving only the Low Density Residential (1-2) and
GGRseF alien (G) Environmentally Sensitive Area — Specific Plan (ESA-SP)
designations in this area.
SECTION V: SPECIFIC CHANGES TO THE GENERAL PLAN
The General Plan of the City of Palm Springs is amended as follows. All
changes to existing text shown as italics, deletions are shown as strikeouts.
Section 2.
LAND USE ELEMENT
SPECIAL POLICY AREAS
Special Policy Area designations have been applied in twe three
areas of the City: the Chino Cone, and Palm Hills, and Oswit Cone
(Canyon and Alluvial Fan). Due to the environmental and visual
importance of these two three areas, projects proposed within eitherany
of these Special Policy Areas must be of superior design, demonstrate
integration with existing natural features and land forms, be sensitive to
biological resources of the site, and create a more desirable living
environment than could be achieved through conventional subdivision
design and requirements.
Development densities in the Chino Cone and Oswit Cone are one
dwelling unit per forty acres (1 du/40 ac). Development applications in
excess of this density may be considered with the submittal of a Specific
Plan and its associated environmental documentation, which would by
action, establish a general plan amendment. In all cases, development
within the Chino Cone and Oswit Cone Special Policy Area must be
Ordinance No. 1919 Page 28
consistent with the Environmentally Sensitive Development Areas Specific
Plan Ordinance (ESA-SP) in the Palm Springs Zoning Code. The Palm
Hills Special Policy Area allows residential and resort development at a
maximum of 1 dwelling unit/hotel unit per acre, not to exceed a total of
1,200 units. Any development proposed in the Palm Hills area will require
the preparation of a Specific Plan and a related environmental impact
report.
Changes to Residential Buildout Estimates, Table 2-1 of the General Plan follow.
Ordinance No. 1919 Page 29
Changes to be made to Table 2-1 shown as follows:
Table 2-1
Residential Buildout Estimates
Proposed General Plan
Esttrnated
Density Dwelling Persons pert Hole)
Land Use Designation (unds.' Aeresr Units Househdd Populatiow Rooms
Residential
Estate Pmkientol0-2 Wee) 1.5 1,731 2,5/1 208 4,892
Very Law (2.1-4.0 d dac) 3.5 2,654 9,411 1 208 18,608
Low 4.1-6.0difac) 5.25 ipai 941 4ir144 517 2.08 10.696
Madlum 6.1-15 dwac 10.0 1,437 14,652 2.08r1.T8r 26,739
F6 (15.1-Mddw) 20.0 582 1 12,192 1.78 20,742 3.0475
sntiforar 7,'086 *tm Bf,677 3,047
Mixed Use
MsredlAe"se 12.0 330 1,648 2.W1.78 2,997
Carrtral guslrcess District(ceDy varies 126 1,396 1.78 1 2,361
SYrdfmfal 456 3,044 1 8,348
Open Space
MournaFr(1 duf90.0 ac) 0.025 52,113 7421 2.08 1,466
conservation(1 dur=ac) 0.05 4.041.118 64 2.08 127
Desert(1 du10.0 ao 010 4,305 1 402 208 1 5%
saubwR4N f,206 1 181
other
speaw Policy Press° varies -+JM 7 2,5T7 Z= 2.08 1 5,093 923
small Hotel 10.0 67 337 650 501
htaFWa 2,839
R drond 311
SuLlolar 7,448 2,914 L1.78 k743 1,424
TOIAL 73,041r,
Notes:
1 The acreages include properties located within the Sphere of Influence and do not
include streets.
2 Single-family persons per household (2.08) taken from the California Department of
Finance (2004) estimates. Multifamily persons per household (1.78) based upon 1993
General Plan estimates.
3 A 5 percent vacancy rate is assumed for population.
4 It is assumed that half of the units in the Medium Density Land Use designation will be
single-family and half of the units will be multifamily.
5 The High Density Land Use designation allows hotels up to 43 rooms per acre; 30
rooms per acre were assumed for areas outside of Section 14.
6 This number accounts for areas that are not developable due to the presence of
slopes steeper than 30 percent.
7 Portions of the CBD fall within the Section 14 Specific Plan and were calculated to
correspond with the number of units permitted by the Specific Plan. Additionally, the
number of units projected in the CBD considered the varying heights and intensities
permitted at the gateways into Downtown and within the Downtown core.
Ordinance No. 1919 Page 30
8 Special Policy Areas are applied to the Chino Cone, Oswit Cone (alluvial fan and
canyon), and Palm Hills areas. The density, number of units, and types of uses vary in
each area.
9 Overall, the General Plan land uses will accommodate 12,976 total hotel rooms (total
of hotel rooms allowed in residential and nonresidential land uses).
SECTION VI: COMPLETE LISTING OF PROPERTIES, MAPS AND LEGAL
DESCRIPTIONS
The following is a full list of the properties affected by this Ordinance.
PARCEL 1: (APN 513-460-029)
SOUTHEAST CORRIDOR OF THE NORTHWEST CORRIDOR OF SECTION
34 TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF PALM SPRINGS. ALSO REFERRED TO AS BIA
74E. (Approximately 39.73 acres)
PARCEL 2: (APN 513-460-033)
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND
MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE
DISTRICT LAND OFFICE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN TRACT NO.
10527, AS SHOWN BY MAP ON FILE IN BOOK 102 PAGE(S) 43 TO 45
INCLUSIVE, OR MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(PORTION APN 513-460-033)
AND
THE SOUTH HALF OF GOVERNMENT LOT 7 AND ALL OF GOVERNMENT
LOT 12 OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4
SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE DISTRICT
LAND OFFICE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN TRACT NO.
10527, AS SHOWN BY MAP ON FILE IN BOOK 102 PAGE(S) 43 TO 45
INCLUSIVE, OR MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
(PORTION APN 513-460-033) (Approximately 54.37 acres)
PARCEL 3: (APN 513-460-013)
THE SOUTH HALF OF THE SOUTHWEST QUARTER, AND THE WEST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST SAN BERNARDINO
BASE AND MERIDIAN, AS SHOWN ON THE PLAT MAP. (Approximately 100
acres)
Ordinance No. 1919 Page 31
PARCEL 4: (APN 513-460-010)
THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS,
ACCORDING TO THE OFFICIAL PLAT THEREOF. (Approximately 20 Acres)
PARCEL 5: (APN 513-460-001)
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS,
ACCORDING TO THE OFFICIAL PLAT THEREOF. (Approximately 20 Acres)
PARCEL 6: (APN 513-460-003)
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS,
ACCORDING TO THE OFFICIAL PLAT THEREOF. (Approximately 20 Acres)
SECTION VII: IMPLEMENTATION
A. The date the notice of intention to circulate this initiative measure was
submitted to the City's elections official is referenced herein as the "submittal date." The
City General Plan, its Specific Plans, and Zoning Ordinance in effect on the submittal
date and the General Plan and Zoning Ordinance as amended by this Initiative
comprise an integrated, internally consistent, and compatible statement of policies for
the City. In order to ensure that nothing in this initiative measure would prevent the
General Plan and its Specific Plans from being integrated, internally consistent, and
compatible statements of the policies of the City, as required by state law, and to ensure
that the actions of the voters in enacting this initiative are given effect, any amendment
to the General Plan, or new Specific Plan, that is adopted between the submittal date
and the date that the General Plan is amended by this Initiative shall, to the extent that
such interim-enacted amendment or Specific Plan is inconsistent with the General Plan
provisions of this initiative, be amended as soon as possible and in the manner and time
required by state law to ensure consistency between the provisions adopted by this
initiative and other elements of the General Plan.
B. The City Council is hereby authorized and directed to amend the General
Plan, the Land Use and Circulation Element, all specific plans, and the Zoning
Ordinance, and any other ordinance and policies, in order to implement this Initiative
and to the extent any of the foregoing are affected by this Initiative as soon as possible
and in the manner and time required by any applicable state law, to ensure consistency
between the policies adopted in this Initiative and other elements of the foregoing laws
and policies.
Ordinance No. 1919 Page 32
SECTION Vill: EFFECTIVE DATE
The provisions of this Initiative shall be considered to be adopted on the date that
the vote is declared by the legislative body.
SECTION IX: AMENDMENT OR REPEAL
Once this Initiative becomes effective, no provision of this initiative may be
amended or repealed except by a majority of the voters of the City of Palm Springs
voting on the amendment or repeal in a special or general election.
SECTION X: JUDICIAL ENFORCEMENT OR LEGAL DEFENSE
The proponents of this Initiative shall have the right to maintain an action for
equitable relief to restrain any violation of this Initiative, to enforce the duties imposed
on the City by this Initiative, or to defend the Initiative in the event of a legal challenge to
the Initiative after it is approved by the voters.
SECTION XI: PRIORITY
Once this Initiative becomes effective, no provision of this initiative may be
amended or repealed except by a majority of the voters of the City of Palm Springs
voting on the amendment or repeal in a special or General election.
SECTION XII: SEVERABILITY
If an provision of this Ordnance is help to be invalid
y p p a d or unconstitutional by any
court of competent jurisdiction within the State of California, such decision shall not
affect the validity of the remaining provisions. The People declare that they would have
adopted the remaining provisions irrespective of the provisions, sections, sentences,
clauses, or words declared invalid or unconstitutional.
(End of initiative language)
In the event any provision of this Ordinance changes, amends, or modifies the
land use designations or the land uses of any trust land within the Agua Caliente Indian
Reservation, such provision shall not become effective until the Tribal Council of the
Agua Caliente Band of Cahuilla Indians consults with the City as provided under the
1977 Land Use Contract, as amended, between the Tribe and the City.
In the event any provision of this Ordinance violates the provisions of the August
18, 1993 Stipulated Judgment entered by the Court in the case of Sierra Club, et al. v.
All Persons Interested in the Matter of the Redevelopment
e opment Plan for Canyon
Redevelopment Project (Riverside County Case No. 64725), such provision shall not be
enforced until the Court approves such provision as provided in Sections V or VI of the
Stipulated Judgment.
The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance. This
ordinance shall become effective 30-days after adoption.
Ordinance No. 1919 Page 33
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS THIS 15t DAY OF MARCH, 2017.
i ~
ROBERT MOON, MAYOR
ATTEST:
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, hereby
certify that Ordinance No. 1919 is a full, true, and correct copy, and was adopted at a
regular meeting of the City Council held on the let day of March, 2017, by the following
vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tem Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK