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HomeMy WebLinkAbout1842 ORDINANCE NO. 1842 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 22, 2014, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN AMENDMENT TO THE MUSEUM MARKET PLAZA SPECIFIC PLAN TO SPECIFICALLY INCLUDE A HOTEL OF APPROXIMATELY 185 ROOMS, RESTAURANTS, MEETING ROOMS, RETAIL USES, AND ANCILLARY USES, WITHIN BLOCK C OF THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE NORTHEAST CORNER OF WEST TAHQUITZ CANYON WAY AND BELARDO ROAD CONSISTENT WITH RESOLUTION NO. 23270 OF THE CITY OF PALM SPRINGS APPROVING A PRELIMINARY PLANNED DEVELOPMENT DISTRICT TO ACCOMMODATE A HOTEL (KIMPTON BRAND). City Attorney Summary This Ordinance calls and gives notice for a Special Municipal Election to be held on April 22, 2014, pursuant to the Charter of the City of Palm Springs, for consideration of an amendment to the Museum Market Specific Plan, consistent with the preliminary planned development permit as approved pursuant to City Council Resolution No. 23270, for the approval of a hotel. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. The City of Palm Springs, as lead agency, prepared the Museum Market Plaza Specific Plan EIR (the "Specific Plan EIR"). The Specific Plan EIR analyzed the potential environmental impacts of the proposed Museum Market Plaza Specific Plan pursuant to the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq. ("CEQA"). The Specific Plan EIR concluded that the Museum Market Specific Plan would have significant and unavoidable effects on the environment. B. On December 9, 2009, the City Council for the City of Palm Springs made findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations, and certified the Specific Plan EIR pursuant to the provisions of CEQA. On that date, the City Council also adopted the Museum Market Specific Plan, conditioned on compliance with the mitigation measures in the Specific Plan EIR/ Mitigation Monitoring and Reporting Program. The redevelopment of the Desert Fashion Plaza site was specifically contemplated by the Museum Market Specific Plan and analyzed in the Specific Plan EIR. C. On September 29, 2011, the City and Palm Springs Promenade, LLC, entered into a Project Financing Agreement applicable to the financing, development, redevelopment, creation and refurbishment of public and private improvements in downtown Palm Springs at the Desert Fashion Plaza site within the Specific Plan area Ordinance No. 1842 Page 2 which included, among other things, a site plan and project description depicting the proposed improvements. D. The City and Palm Springs Promenade, LLC, subsequently developed a Second Amendment to the Project Financing Agreement which included a revised site plan and project description (the "Second Amendment'). E. Pursuant to the Second Amendment, the redevelopment of the Desert Fashion Plaza site will include, among other things: a hotel of approximately 170 rooms at the northeast corner of Belardo Road and Tahquitz Canyon Way in lieu of a commercial office building; an "Event Area" west of Belardo in lieu of a movie theater; and reconstruction of two lots east of North Museum Drive and the Palm Springs Art Museum, to include new landscaping and related hardscape and other improvements (collectively the "Modified Project'). F. The City, as lead agency, determined that the Modified Project was within the scope of the Specific Plan EIR and would not result in any new significant effects, a substantial increase in the severity of previously identified significant effects, or require any new mitigation measures or alternatives requiring major revisions in the Specific Plan EIR. The City, therefore, prepared an Addendum to the Specific Plan EIR (the "Addendum")(Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15164). G. On October 17, 2012, the City Council for the City of Palm Springs approved the Addendum, found that the Modified Project conformed to the Museum Market Specific Plan, and approved the Second Amendment. H. On December 19, 2012, the City Council approved a Third Amendment to the Project Financing Agreement which included further minor revisions to the Modified Project including, among other things: a minor reconfiguration of Main Street such that Main Street is no longer curved between North Museum Drive and Belardo Road, but rather is straight between North Museum Drive and Belardo Road, an increase in the total number of hotel rooms from 170 rooms to 185 rooms (some of which will now be located in Block c-1), the further set back of the second story of the Block b building, and the following changes in uses listed on the Site Plan: Block A - the addition of police substation; Block B, b, and b-1 - the addition of hotel, police substation and public restrooms; Block C, c, and c-1 - the removal of public restrooms (the 'Third Amendment'). The hotel was identified as a Kimpton Brand Hotel. I. On December 19, 2012, the City Council also approved the following entitlements for the project: Tentative Tract Map No. 36446 to subdivide 13.6 acres into fourteen lots for development and four lots for public infrastructure (streets) located at the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way; Major Architectural Approval Case No. 3.3605 for development of lands located at the northwest corner of North Palm Canyon and Andreas Road (new): Block "A"; Major Architectural Approval Case No. 3.3606 for development of lands located at the northwest corner of North Palm Canyon and "New Main Street': Block "B"; Major Architectural Approval Case No. 3.3607 for development of lands located along the westerly frontage of North Palm Canyon Drive, south of "New Main Street': Block "C; Ordinance No. 1842 Page 3 and Planned Development District Case No. 5.1290 / PDD 361 for development of a hotel of approximately 185 rooms, restaurants, meeting rooms, retail uses and ancillary uses in excess of 60 feet in height located at the northeast corner of West Tahquitz Canyon Way and Belardo Road (new): Block "c-1" (collectively, the "Entitlements"). J. On December 19, 2012, the City found that the Third Amendment and the Entitlements were within the scope of the Specific Plan EIR and the Addendum, and none of the circumstances triggering further environmental review had occurred. (Public Resources Code § 21166; California Code of Regulations § 15162.) K. On December 26 2012 the Cityfiled a Notice of Determination stating 9 that the Third Amendment and the Entitlements were within the scope of the Specific Plan EIR and the Addendum. L. It is the City's position that the Museum Market Plaza Specific Plan and the project as modified on December 19, 2012 are consistent. M. On January 22, 2013, Frank Tysen, a qualified registered voter of the City of Palm Springs filed a petition for the Referendum of Resolution No. 23270, pursuant to California Elections Code § 9237. N. The City Clerk examined or caused the examination of registration and declared the filed referendum petition as sufficient and executed a Certificate of Sufficiency. O. On March 6, 2013, the City Council, pursuant to California Elections Code § 9237 reconsidered Resolution No. 23270. P. On March 6, 2013, the City Council determined that Resolution No. 23270 was an administrative action and not a legislative action of the City Council and therefore was not subject to the referendum and the City Council declined to place the matter on the ballot. Q. On May 31, 2013, Frank Tysen and the Advocates for Better Community Development, filed a Summons for Petition for Peremptory Writ of Mandate and Complaint for Declaratory and Injunctive Relief, Riverside Superior Court, Indio Division, Case No. INC 1303538, challenging the decision of the Council to decline to place Resolution No. 23270 on the ballot. The City opposed the petition and writ. R. A hearing on the writ and complaint was held on October 15, 2013. On December 10, 2013, the Superior Court, in a clear, succinct, direct, and reasoned decision, denied the Petition for Peremptory Writ of Mandate, upheld the action of the City Council to decline to place that matter on the ballot, and expressly found that the "City's adoption of Resolution No. 23270 was consistent with zoning under both the Municipal Code and the [Museum Market Plaza Specific Plan]. Moreover, such approval is not a legislative act because that approval affected an individual application and was determined by facts peculiar to the case." Ordinance No. 1842 Page 4 S. Notwithstanding this decision of the Superior Court, on January 13, 2014, the City received notice that an appeal of the Superior Court's decision was filed on behalf of Frank Tysen and the Advocates for Better Community Development. T. The City Council is concerned that completion of the appeal process is likely to take 12 to 18 months to complete and that this period of time will significantly delay the project and potentially impair the ability of the project developer to complete the project in the timely manner required under the agreements between the developer and the City. The City Council further finds that delays caused by litigation will jeopardize the ability and willingness of potential tenants to commit to the project and thereby potentially jeopardize the ability of the developer to complete the project. U. The City Council opposes the use of meritless litigation as a delaying tactic to frustrate the ability of the City Council to implement adopted city policy and programs, that stalls and delays downtown revitalization, and economically damages the interests of developers, businesses, hoteliers, retail shop owners, and others who desire the opportunity to locate in the City and develop and use their property in a manner consistent with the City's adopted plans and policies. V. The project as modified on December 19, 2012 has been the subject of several lawsuits, with the petitioners in each case attempting to overturn the approval of the Entitlements. W. The City Council finds that the PDD 361 and Major Architectural Approval Case No. 3.3607 (collectively the "Hotel Entitlements") are the portion of the Entitlements related specifically to the development of a hotel on Block C. X. The City Council finds that the Hotel proposed for Block C is a critical element of the Museum Market Plaza's success, and would be a major contributor of much needed transient occupancy taxes and an anchor for the overall development. Y. The City Council reaffirms its March 6, 2013 determination that Resolution No. 23270 is not a legislative act, and specifically finds and reasserts its contention the City will prevail in any appeal of the Superior Court's decision finding that the City Council's decision was not a legislative act subject to the referendum. Z. Notwithstanding the above, the City Council wishes to avoid the delays to the project, end the uncertainty related to the Hotel Entitlements brought on by the pending lawsuits, and minimize the adverse effects that will occur as a result of the meritless appeal of the Superior Court filed Frank Tysen and the Advocates for Better Community Development. The City Council specifically finds that it is appropriate to submit the issue to the voters for the purpose of avoiding delays and to staunch the financial bleeding that will occur if the developer is unable to proceed with the completion of the project due to the shroud of uncertainty that would engulf the project while the appeal process is fully adjudicated. AA. The City Council desires to submit the Preliminary Planned Development District and its uses and property development standards thereof, including without Ordinance No. 1842 Page 5 limitations the height, setbacks, and lot coverage to the voters as an amendment to the Museum Market Plaza Specific Plan and to secure voter authorization of the hotel project and to clarify that the Hotel Entitlements as approved on December 19, 2012 and the Museum Market Plaza Specific Plan are consistent. BB. The City Council finds that this Ordinance amends the Museum Market Plaza Specific Plan to conform to the Hotel Entitlements as approved on December 19. 2012. CC. The City finds that the Ordinance is within the scope of the Specific Plan EIR and the Addendum and that therefore no further CEQA review is required. DD. Section 801 of the Charter of the City of Palm Springs, provides for the City Council to conduct Special Municipal Elections. EE. Section 802 of the Charter of the City of Palm Springs, provides the City Council may by ordinance enact procedures for the conduct of municipal elections. FF. Section 5(b) of Article XI of the California Constitution allows Charter Cities to provide for the conduct of city elections and recognizes regulations for the conduct of local elections is a matter of local concern. GG. Section 315 of the Charter of the City of Palm Springs, provides that an ordinance calling or otherwise relating to an election takes effect upon adoption and therefore consistent with Section 312 of the Charter of Palm Springs, this Ordinance will take effect upon adoption without introduction, subject to voter confirmation and approval. HH. This Ordinance and the Ordinance measure to be submitted to the voters is within the scope of the Specific Plan EIR and the Addendum, and none of the circumstances triggering further environmental review have occurred: (i) there are no substantial changes in the project requiring major revisions of the Specific Plan EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) there are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the Specific Plan EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Specific Plan EIR and Addendum were certified showing that: (a) the project will have one or more significant effects not discussed in the Specific Plan EIR and Addendum; (b) significant effects previously examined will be substantially more severe than shown in the Specific Plan EIR and Addendum; (c) mitigation measures or alternatives previously found not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the mitigation measures or alternatives have not been adopted; or (d) mitigation measures or alternatives considerably different from those analyzed in the Specific Plan EIR and Addendum would substantially reduce one Ordinance No. 1842 Page 6 or more significant effects on the environment, but the mitigation measures or alternatives have not been adopted. No further environmental review is required. (Public Resources Code § 21166; California Code of Regulations § 15162.) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Pursuant to the requirements of the Charter of the City of Palm Springs and the laws of the State California pertaining to the conduct of elections, there is called and ordered to be held in the City of Palm Springs, California, on Tuesday, April 22, 2014, a Special Municipal Election for the purpose of submitting the following resolution and question: Shall an Ordinance amending the Museum Market Plaza YES Specific Plan so as to approve a hotel (a Kimpton brand) of approximately 185 rooms, restaurants, meeting rooms, retail and ancillary uses, located within Block C of the Museum Market Plaza Specific Plan at the Northeast corner of West NO Tahquitz Canyon Way and Belardo Road, be approved? SECTION 2. The text of the Ordinance amending the Museum Market Plaza Specific Plan approving the hotel use as provided in Resolution No. 23270 is attached to this Ordinance as Exhibit "A". SECTION 2A. In the event the Ordinance of the People (Exhibit A) is not adopted, Resolution No. 23270 is void and no longer in effect. SECTION 3. The ballots to be used at the election shall be in form and content as required by law. SECTION 4. 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. SECTIONS. 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 6. In all matters not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. 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. Ordinance No. 1842 Page 7 SECTION 8. Pursuant to § 315 of Article III of the Charter of the City of Palm Springs, this ordinance shall go into effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 17TH DAY OF JANUARY, 2014. STEPH N P. POUGNET, MAYOR ATTEST: MES THOMPSON, 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 Ordinance No. 1842 is a full, true and correct copy, and was duly adopted at a special meeting of the City Council of the City of Palm Springs on January 17, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ES THOMPSON, CITY CLERK ity of Palm Springs, California o</ r7/ Za, Exhibit "A" AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUSEUM MARKET PLAZA SPECIFIC PLAN TO ALLOW A HOTEL USE OF APPROXIMATELY 185 ROOMS AND RELATED USES SUBJECT TO DESIGN STANDARDS AND PROPERTY DEVELOPMENT STANDARDS AND RELATED CONDITIONS AS PROVIDED IN CITY COUNCIL RESOLUTION NO. 23270, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WEST TAHQUITZ CANYON WAY AND BELARDO ROAD, PALM SPRINGS. The People of the City of Palm Springs hereby ordain as follows: Section 1. Museum Market Plaza Specific Plan Ordinance Amendment. A. Ordinance No. 1764, adopting the "Museum Market Plaza Specific Plan," is hereby amended to specifically approve, adopt, and include a hotel of approximately 185 rooms, restaurants, meeting rooms, retail and ancillary uses within Block C of the Museum Market Plaza Specific Plan at property generally located at the Northeast corner of West Tahquitz Canyon Way and Belardo Road, Palm Springs. B. The specific elements of this hotel, including design standards, property development standards, related conditions and requirements thereof, shall be as set forth in the City Council's Resolution 23270 approving the Preliminary Planned Development District for such hotel project including all Hotel Entitlements as provided in Ordinance No. 1842. In the event of any inconsistency between the provisions of the Museum Market Plaza Specific Plan and Resolution 23270, the provisions of Resolution 23270 shall govern and control. C. The voters acknowledge, ratify, and adopt all findings and determinations contained in Ordinance No. 1842 and that said Ordinance 1842 shall govern the interpretation and application of this Ordinance of the voters. Section 2. This Ordinance of the People shall become effective upon passage of a majority vote of the voters casting votes in the election. 978327.1