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HomeMy WebLinkAbout2006-07-12 STAFF REPORTS SS1 palm springs rno ern homes- July 12, 2006 Via Hand Delivery Honorable Mayor and Council Members City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262-2743 RE: Draft Chino Cone Ordinance (Planning Areas 5 and 5A) Dear Honorable Mayor and Council Members: Palm Springs Modern Homes is contemplating a mixed-use project for Planning Areas 5 and 5A, which includes the following features: 1. Residential — 168 units on 30 acres (approx. 5.6 units per acre) 70% open space 6-plexes (5 units down/1 unit on the second floor) 2. Commercial — 6 acres (approximately 25,000 sq. ft.) Potential users are: Aqua Caliente Band of Cahuilla Indians, BLM, and the Palm Springs Aerial Tram. Potential uses are: restaurant (similar to the Look Restaurant on Andreas), coffee house (similar to Koffee's) and other office uses. We plan to use the Palm Springs oasis as a backdrop for our open dining area. 3. Interconnecting hiking trails 4. Berming of the residential project from commercial areas, and large setbacks along North Palm Canyon Drive, 5. The ability to provide connection points and pedestrian access between the project site and the Palm Springs Visitors' Center (e.g., remove the rear yard wall, etc.). We have had one meeting with the personnel of the visitors' center to discuss our development concepts, and they were excited to work with us on the enhancement of this area of the city. Palm Springs Modern Homes supports the June 28, 2006 Draft Chino Cone Ordinance that was considered by the Planning Commission, provided the following design features are considered: F ..W'i}L°'vU'M wrvw+WYNnw unwlwknMM'�.M4iNMk+Mrwiake� :i. . - «. a x .,- ..,MM=rM'wMrwf.tp � 'eIIPnY lyohiPP�,WEH°�' ) �YY. I�•,•> if(:��1'^�� 1�"�lN' ��'1'�nWA°non+nn�o�(irin'I"io,r1lnVg� IMIiJo�'If�nl C�l�lflflP• �'.",w.-,.. ..w.0 �am•,.x+..<,aavaw �+.w. ..w...vr,w.+y�Gu ,'��F. • We would like on-site street pavers and colored concrete to count toward the open space calculation. • Amend page 5, Item C Building Height as follows: Multiple family residential projects (i.e., condominiums, etc.) in Planning Area 5 shall have a height not greater than twenty-four (24) feet. No more than 50% of a multi-family building shall be two stories in overall height (e.g., four units on the ground and two units above, etc.). Building facades shall be stepped to create interesting architectural elements and to enhance mountain views. Non- habitable architectural projections, including, but not limited to, mechanical equipment shall exceed twenty-eight (28') feet. All roof mounted mechanical equipment shall be incorporated into the architecture for the building and be screened from all four sides, subject to approvaV by the City's Architectural Advisory Committee. • Amend the Environmental Analysis (page 7) section to eliminate the need for off-site review (500' radius) of parcels not owned by the applicant, excluding hydrology report consideration. On July 5, 2006, the Planning Commission changed the requirement for open space in Planning Area 5 to 40% from 70% based on understanding that no development activity shall take place on 40% of the site. This new design standard makes it difficult to develop the project because there will be areas of the site that will need to be graded for such items as streets, utilities and other project related services. We'd recommend the following change to Planning Area 5: Planning Maximum Allowed Density Minimum Required Area Open Space 1 1 Dwelling Unit (DU) /40 Acres 80 % 2 2 DU /Acre 80 % 3 Tribe Specific Plan Tribe Specific Plan 4 Tribe Specific Plan Tribe Specific Plan 5 6 DU /Acre 70 % (10% undisturbed)* 5A 0.25 Floor Area Ratio Not Applicable 6 1.5 DU /Acre 80 % 7 1 DU /40 Acres 80 % 8 2 DU /Acre 75 % 9 1 DU /Acre 80 % * Undisturbed areas of the site will be noted on the preliminary grading plan. Open space areas shall be maintained by the Homeowners' Association, unless otherwise deeded to the City of Palm Springs. Understanding that site grading is an important component of the new ordinance, we recommend the following changes to the guiding principles of the proposed ordinance. I. Guiding Principles: Grading. a. New development is shall be designed to follow existing slopes and contours as defined in the preliminary grading plan. The grading plan shall define the areas to be disturbed via plans, 3-D modeling or other methods as prescribed by the City Engineer. The conceptual plans shall be reviewed and presented to the Architectural Advisory Board, Planning Commission and City Council during review of the Specific Plan. The areas that are disturbed shall be designed to make it look like the final site improvements are similar to the original topography, including the need for new vegetation and rock boulders. Should a public utility need an easement through an area noted as "undisturbed", the City Engineer shall evaluate the request and make a recommendation to the City Council during acceptance of the final map. b. Mass grading to create large, single-level flat pads is to be avoided, unless allowed by the Specific Plan. Creating flat pads for clustered housing projects shall be encouraged to maximize open space areas. C. Cut-and-fill techniques to create flat development pads-is are to be avoided unless allowed by the Specific Plan under controlled circumstances (e.g., clustered housing and adjoining parking areas to comply with the Americans with Disability Act (ADA) statutes). d. Pad heights are not significantly raised beyond the natural topography unless allowed by the Specific Plan. e. Slopes do not exceed 1 '/2 to 1 unless allowed by the Specific Plan. We support the creation of development principles for the Chino Cone to ensure growth and development is handled in an environmentally-sensitive fashion. When considering adoption of the ordinance, please consider adopting it in Resolution form so that it is a guide for development. As you review the draft ordinance, please keep in mind that development of the Chino Cone will also assist the city in completing a number of capital improvement projects (e.g., storm water, streets, sewer, etc.) that will benefit the entire community and enhance the Palm Springs Visitors' Center and Palm Springs AeriaB Tram. The preparation of an EIR and Specific Plan for the 36 acre parcel is a large undertaking that involves a team of design professionals (e.g., biologist, archaeologist, landscape architect, architect, civic engineer, traffic engineer, etc.) and takes a long time to prepare and be reviewed by the city. Should you desire any additional information or materials, please call our office at 760-320-8773 (Fax 760-320-8774). Thank you for your continued assistance. Siacere i I Sp ngs Modern Homes D'eir i /un ingham, President w R 4�pALM gp� iy c u a PLANNING COMMISSION STAFF REPORT Date: July 5, 2006 To: Planning Commission From: Craig A. Ewing, AICP, Director of Planning Services Subject: Zoning Ordinance Amendment for Chino Cone and Adjacent Areas Attached is the draft ordinance for the Chino Cone and adjacent areas, with the modifications requested by the Planning Commission following its public hearing on June 28, 2006. It is presented in a strike-out / underline format so that the specific changes from staffs draft can be clearly seen. Staff is seeking the Commission's recommendation by adoption of the draft resolution. A public hearing has been conducted on this item. Of greatest significance is the revised density / open space chart for the nine Planning Areas, found at the bottom of Page Four. Staff has incorporated the following modifications: - Planning Areas 3 and 4 now indicate 2 dwelling units / acre, instead of "Tribe Specific Plan". Please note that staff is concerned that the Commission's recommendation dictates a development density over which the City has no control and may not be in the best interests of broader City/Tribe relations. - Minimum open. space requirements for each Planning Area are now focused on "undeveloped" open space, with a new and complementary standard for maximum floor area. - The definition of minimum open space is now limited to undeveloped land and trails, excluding parks, recreation areas, golf courses and water features. - Minimum open space standards are lower than previously, moving from a range between 70 and 80% to a range between 40 and 60% (except for Planning Areas 1 and 7). The maximum floor area is set as a number of square feet per dwelling unit, rather than a ratio, beginning at 3,000 square feet per unit in highest density V' _ s5 _ i Planning Commission Staff Report July 5,2006 Zone Text Amendment-Chino Cone and Adjacent Areas Page 2 of 2 area (Planning Area 6) to 8,000 square feet per unit in the lowest density areas (Planning Areas 1 and 7). - The definition of development subject to the floor area standard includes all habitable space, garages and carport and other covered structures. Open paving and landscaping would not be included. - The use of these two standards would allow a remaining portion of each Planning Area to be developed with landscaping, golf courses, pools, and other outdoor amenities, as follows: Example: 100 Acres PA Max. Min. Max. Floor Total Total Total Avg. Lot Density OS Area OS Bldg SF Other Size (if SFR) 1 1 DU /40 Acres 8o % 8,000 SF/ DU 80 Acres Y2 Acre 19.5 Acres 8 Acres 2 2 DU /Acre 50 % 5,000 SF/ DU 50 Acres 23 Acres 27 Acres 11,000 SF 3 2 DU /Acre 50 % 5,000 SF/ DU 50 Acres 23 Acres 27 Acres 11,000 SF 4 2 DU /Acre 50 % 5,000 SF/ DU 50 Acres 23 Acres 27 Acres 11,000 SF 5 6 DU /Acre 40 % 3,000 SF/ DU 40 Acres 41 Acres 19 Acres 4,300 SF 5A 0.25 FAR N /A N /A N /A N /A NIA 6 1.5 DU /Acre 60 % 5,000 SF/ DU 60 Acres 17 Acres 23 Acres 12,000 SF 7 DU/40 Acres 80 % 8,000 SF/ DU 80 Acres Y2 Acre 19.5 Acres 8 Acres 8 —2 DU/Acre 50 % 5,000 SF/ DU 50 Acres 23 Acres 27 Acres 11,000 SF 9 1 DU /Acre 60 % 6,000 SF/ DU 60 Acres 14 Acres 26 Acres 17,500 SF In sum, staff believes the combination of an open space requirement and maximum floor area standard still allows sufficient land for outdoor uses (golf courses, pools, etc.) Other changes are indicated in the draft ordinance, and the draft resolution was provided in your previous materials (additional copies will be available at the meeting. fKt � Ey ing A� Diriif Pl,a nln Services cc: Draft ' -SP" Chino Cone Specific Plan Zone Ordinance City Council Members: The Chino Cone alluvial fan is a very unique natural environment. Rugged mountains and swLeping desert landscapes ere-ate stunning vigtac anti establish an easily recognizable and incredibly distinct gateway to Palm Springs. The fan when combined with tine greater San Jacinto mountain is rich in biodnyersn ty and sustains a varrety Of valuable wildlife, plant species, and ecosystems. These, in turn, provide opportunities for education, recreation, and preservation of an irreplaceable and highly unique natural and cultural resource unlike any other in the United States. Not only does the cone provide habitat for plants and special animals like the Big Horn Sheep, but it gives local residents and visitors an opportunity to enjoy nature in an exceptional way. The area is one of only three locations in the world and the only location in the United States where there is a transition through a number of distinct biomes as you rise from desert floor to the alpine peak of Mount San Jacinto. What is presently here in the natural environment already draws both residents and visitors to the region, but v✓e have the op it-ni y to make it so in ch mere. Iinagi ne the draw a natural attraction such as the Chino Cone would create if we worked together to preserve and enhance it. Imagine the world-class destination location the Chino Cone could be if we would come together to find ways to implement hiking, biking, and walking trails,to display local artists,to house an art school or an environmental education center, to host an outdoor music venire, or to support a University-1Pvel research center on ecology and natural sciences. In our planning efforts as a city, we must not only consider public and quasi-public values but: must also consider private property rights. Up to now efforts to protect these rights have focused on how to develop the Cone with a variety of housing densities. What has been missing is a discussion about how to create a major values-based, world- class attraction that expands existing natural values and uses them as a foundation to create economic return for land owners and economic returns for the city. A consortium of a variety of local groups have been convened in recent weeks, committed to actively and effectively working together to find a solution to the Chino Cone situation that meets the needs and benefits desired by everyone in our community. T?e primary goal of our ccnsorti n is to p,resen e Chiro Cone and its natural resa ces, as well as its aesthetic,viewshed, and recreation values. The secondary goal is to create a viable economic unit in the region that supports the needs of the City and provides return for the local land-owners. We are working together to create a win-win situation for all of the stakeholders. Originally, we understood that the Council was operating under an October deadline and th tit vJCuid bC iatC �uriuuCr yr fait U LVI ihi5 CTdlpaiiCC would be pCAlt,Cty.d and adopted. Our consortium has been working towards these deadlines. The accelerated pace necessary to approve this ordinance next week is eliminating the unique opportunity before us now. Our group would like to work with the City, within the guidelines of an ordinance to achieve the multiple objectives briefly described above. However, as we have worked to develop irleac ,kve have corn to realize that the Current version of the ordinance is inadequate to achieve broad,long-term goals. Therefore, we come before the Council today to ask you to postpone adoption of the current ordinance for six weeks. During this time, we will work diligently with the City Staff and others you might direct to refine some of these ideas in:Wore detail. Some of the elements of our idea include establishing a hiking and biking trail system and developing a world-class visitor and i.^te Irefive center. Other ideas include locating development in already disturbed portions of the area and establishing strict development guidelines which preserve natural, aesthetic, viewshed, and recreation values. We believe that these goals can be met by working with the guidelines researched and recommended by City Staff. We believe that portions of their work provide a useful initial framework. Some of the useful ideas in the proposed ordinance include the density transfer idea and the 80%open space retention requirement. However,the ordinance as currently proposed has some shortcamings that need to be addressed. Some of the J I shortcomings include the need for a Specific Plan over the Indian-owned portions of the area, inadequate protection of the viewshed as one d:yes up the Trannway road, and a lack of stimulus to create a visitor center, trails and other amenities that would make the Chino Cone a true community asset with long-term economic return. We believe that Palm Springs is currently faced with an opportunity to create a community asset of natural and eeonomiq value.to Palm Springs, if we take the time available to us, rather than acting in haste to approve an inadequate ordinance, we can together -'devise a soIntior.that ineets the goals of in any of the Stakeholders. By preserving the natural, aesthetic, viewshed.and recreation values of this special resource we can utilize those values to create a local treasure that draws visitors, serves our local community, and creates revenue for our city. In sumrnary, we are asking the City Council to slow down and hear us out by postponing adoption of the current ordinance by six weeks. In retu..., we will work diligently vrith you and City Staff to try to figure out workable strategies that achieve multiple goals. Adopting the version of the ordinance under study today would mean that the City of Palm Springs is missing an opportunity to create a local treasure that meets a variety of goals and objectives and preserves a special local resource. We have the time and we should take the time to develop something that works for all members of our conrn inity and that unites us in achievement of a shared vision of the future. Friends of the Palm Springs Mountains palm springs modern Psi o r n es- 2 0 C 6 PLaL 12 e. July 12, 2006 CITY ( L ,I:L Via e-mail and Hand Delivery City Council City of Palm Springs 3200 E. Tahquitz Canyhon Way Palm Springs, California 92262 Re: Draft Chino Cone Ordinance Dear Mayor and Members of the City Council: I am writing you regarding the Chino Cone Draft Ordinance that is coming to you with Planning Commission input at your study session on Wednesday, July 12, 2006, and specifically the section requiring 40% undisturbed land on any given parcel. I think that the main concern of the Commission and other well-intentioned citizens is not to see development in the Chino Cone scar the sites with unnatural looking results from grading practices. That goal can be achieved much better, however, by grading through a re-naturalization process, and I would suggest that each of the planning areas might be looked at on an individual basis. For example, in Planning Area 5, which encompasses the Visitor Center, one can see that the boulders are mostly grey in color. There is little of the brown "desert varnish" that indicates that they have been undisturbed for any length of time. The desert varnished rock indicating untouched natural terrain starts above Planning Area 5. The reason for this is that when the Tram was constructed in approximately 1964, the developer used a large portion of the 36 acres as a staging area for construction. In addition, during the construction of Tram Way, debris from the grading of the road was pushed onto the land. Thus, it would make sense to look at Planning Area 5 in a different light. The ordinance could require that a developer in Planning Area 5 grade through the process of re-naturalization by not cutting out specific yard areas in an angular manner or cut/fill stepping of pads. Wording might be that the applicant be required to submit a relief model showing re-naturalization of grading at its completion and indicating dwelling and road locations. This process would be accomplished by construction utilizing a physical scale model or a 3D computer-generated model for review by the committees, commissions, city council and the general public. 1 W NY M Ms wYY� .ryMM 4Ar}M W 4 F �'JYJ /r 4.'I' 4nIMx�'w A d .M14- A,8 IE)Tamo< wWxWN rt 0 0 Y� u 4.lixq,WWf�YL�55N J i I W81v4AYk�'Ypl{+l yAQNd4 MMM V e a. .' h Y M:- %u rvA C✓N J�76'4.-II Ofll�Al[,A,..w�G?e �F{Ir.4 ,ILi%4 ��j")1o7'�;i' �}1 �.iG�Ewd 41U�0�!'�dl�Pd With respect to open space requirements, we asked Craig Ewing for his interpretation of the 40% untouched natural area clause in the ordinance draft. His response was that the 40% area is considered untouched and not counted in the open space equation. Within the confines of this concept of touched and untouched areas, it is virtually impossible to grade an invisible line between the two, when you have to consider grading and compaction for the construction of roads, homes and retention areas. Also, I might add that the westerly line running north and south on Planning Area 5 is going to require a 60" storm drain to take storm water from within the Chino Cone. When you factor in the storm drain, roads, houses, etc., compliance with the proposed 40% untouched area requirement would be rendered impossible. Re-naturalization with the exhibits described above seems to be the most practical way to accomplish everyone's needs. Finally, if the 40% "untouched" land is truly proposed to be excluded from the overall open space calculation, then the resulting open space requirement becomes much higher than is set forth in the draft ordinance. For example, with a 70% open space requirement on the remaining land, the combined open space is first 40% of all of the land, and then 70% of the remaining 60%, for a total of 82% open space. If the open space requirement in the development is 80%, the combined open space would then be 88%. These resulting open space requirements would be far higher than what is called for either under the current urgency ordinance or by the recommendations of the Citizens' Task Force. They are completely unworkable, given the constraints--density, height, etc.—that developers must also work within. Clearly, not counting the untouched or re- naturalized spaces would be illogical and unfair. I look forward to your positive consideration for site re-naturalization as opposed to a requirement for untouched open space in your implementation with the final Chino Cone Ordinance. Sincerely, PALM SP G RN HOMES his City of Palm Springs Comparison of Planned Developments and Specific Plans July 2006 Planned Development Specific Plan Authority City of Palm Springs Zoning Code, Section 94.03. State of California Government Code § 65450 et seq Type of Legislative — a PD is a Change of Zone, based on a Legislative— a Specific Plan is a General Plan Regulation precise site development plan, building elevations, Amendment and Change of Zone, based on precise site etc. development plans, building elevations, etc. Applicability Typically applies to one or more properties under Typically applies to multiple properties under separate single ownership or control ownership or control Adoption By Ordinance By Ordinance or Resolution CEQA review May qualify for Categorical Exemption, Negative Must have an Environmental Impact Report Declaration or Environmental Impact Report Flexibility May not exceed General Plan density; may alter any May amend any provision of the General Plan and any with zoning standard, except height. provision of the Zoning Code. Standards Required A Planned Development must include: A Specific Plan must include: Contents - List of permitted uses - Map and description of land uses, open space - Development standards (setbacks, etc.) - Transportation and infrastructure plans - Subdivision map (optional) - Development standards (setbacks, etc.) - Implementation program, including regulations - Statement of relationship to General Plan Optional A Planned Development may include: A Specific Plan may include: Contents - Building elevations - Building elevations - Landscape plans - Landscape plans - Signage, lighting, colors / materials - Signage, lighting, colors / materials Review Approval of a Planned Development requires two Approval of a Specific Plan requires at minimum one Process steps: step under California law: 1. Preliminary Planned Development 1. Specific Plan Approval - Architectural Advisory Comm. review - Planning Commission hearing & recommend. - Planning Commission hearing & approval - City Council hearing & approval - City Council haring & approval 2. Final Planned Development Note: The City may add other review requirements, Architectural Advisory Comm. Review including Architectural Advisory Committee review. - Planning Commission approval 11`vz r e f� Y ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 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 AND 92,21.1.07 TO, AND AMENDING SECTION 91.00.10 OF, THE PALM SPRINGS ZONING CODE, RELATING TO THE ESTABLISHMENT OF REGULATIONS FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE CHINO CONE. City Attorney's Summary This Ordinance creates a new zone district, the Environmentally Sensitive Area Specific Plan zone (ESA-SP), for 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 of the City's General Plan. This Ordinance provides that the ESA-SP zone will be divided into Planning Areas as indicated on the Zoning Map. The ESA-SP zone will include the Chino Cone and the Highway 111 north entry corridor upon adoption of the Ordinance. Other environmentally sensitive areas can be added by the City Council from time to time. 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. The provisions of the ESA-SP zone will supersede any conflicting provisions of the Palm Springs Zoning Code and are required to be liberally construed to effectuate their purposes. The City Council of the City of Palm Springs ordains: SECTION 1 Section 91.00.10 of the City of Palm Springs Zoning Code is amended by adding the following definitions: "City Manager" means the City Manager of the City of Palm Springs or the designee or designees of the City Manager. "Ranchette" means a single family dwelling on a large lot, including land under open space or limited development easement or covenant. "Receiving Site" means a site which receives density pursuant to the provisions of this Code. 514197.1 ".Sending Site" means a site which has received a certification by the director of planning and community development of density eligible for transfer to another site pursuant to the provisions of this Code. SECTION 2 Section 91.00.10 of the City of Palm Springs Zoning Code is amended by amending the following definitions: "Zoning Code" or "Zoning ordinance" or "Code" means the Zoning Code of the City of Palm Springs as described in Section 91.00.00 of the Zoning Code. SECTION 3. Section 92.21.1.00 is added to the Palm Springs Zoning Code to read: 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 concentrated multiple family oir resort projects. 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, Highway 111 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 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. SECTION 4. Section 92.21.1.01 is added to the Palm Springs Zoning Code to read: 2 514197-1 514197.1 92.21.1.01 Uses Permitted A. Uses Permitted in All Planning Areas. 1. Single-family dwellings, not to exceed one (1) unit per forty (40) net acres, excluding all lands with slopes in excess of thirty percent (30%). 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, 3. Public parks, recreational areas, and open space, but not to include places of assembly; 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; 3 514197-1 514197.1 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 Section B, above, 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 intended for this site. SECTION 5. Section 92.21.1.02 is added to the Palm Springs Zoning Code to read: 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 SECTION 6. Section 92.21.1.03 is added to the Palm Springs Zoning Code to read: 92.21.1.03 Property Development 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. 4 514197-1 51,1197.1 A. Density The allowable density shall be one per dwelling unit be 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. Excluding non-habitable architectural projections, buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet, except that not more than twenty-five percent (25%) of total floor area may have a height not greater than eighteen (18) feet. E. Yards 1. General Provisions. a. The provisions of Section 92.01.00 shall apply. 2. Front Yard. a. There shall be a front yard of not less than fifty (50) feet. 3. Side Yard. a. Each lot shall have a side yard on each side of not less than fifty (50) feet. 4. Rear Yard. a. Each lot shall have a rear yard of not less than fifty (50) feet. 5 514197-1 5141971 F. Lot Coverage Lot area covered by building or structures shall not exceed eight thousand (8,000) square feet. G. Distance Between Buildings. The minimum distance between buildings shall be fifteen (15) feet except as otherwise provided in this section. H. 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, fence or landscape screen. I. Access. The provisions of Section 93.05.00 shall apply. J. Off-street Parking. The provisions of Section 93.06.00 shall apply. K. Design Standards All development shall be designed to comply with the Design Standards for the Chino Cone / Highway 111 Entry Corridor, Section 94.21.1.05 SECTION 7. Section 92.21.1 .04 is added to the Palm Springs Zoning Code to read: 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. AL. 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. 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 6 514197-1 514197 t calculating densities of hotels and other tourist accommodations, a hotel room or similar unit shall count as 0.70 of a residential dwelling unit: Planning Maximum Allowed Density Min. Req'd Undev'd Open Space Maximum Floor Area Area 1 1 Dwelling Unit(DU)/40 80 % of Project Area 8,000 SF /DU Acres 2' 2 DU /Acre 50 % 5,000 SF/DU 3 Tribe Specific Plan 4 Tribe Specific Plan 5 6 DU /Acre 40 % " " 3,000 SF/DU 5A 0.25 Floor Area Ratio Not Applicable NOLA licable 6 1.5 DU /Acre 60 % of Project Area 5,000 SF / DU 71 1 DU/40 Acres 80 % " 8,000 SF/ DU 8 2 DU /Acre 50 % " 5,000 SF/DU 9 1 DU /Acre 60 % " 6,000 SF / DU * Planning Area 2 subject to Shadow Rock Specific Plan t Planning Area 7 defined by existing water course 2. Undeveloped open space shall exclude all lands with slopes in excess of thirty percent (30%) above the toe of slope, and shall be limited to vacant, undeveloped land, and hiking trails. 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 be development for 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 15% 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. 6. In Planning Area 5A, total enclosed building area shall not exceed a Floor Area Ratio of 0.25. 7 514197-1 514197.1 C. Building Height Excluding non-habitable architectural projections, buildings and structures erected for single family residential use shall have a height not greater than fifteen (15) feet, except that not more than twenty-five percent (25%) of total floor area may have a height not greater than eighteen (18)feet. For all other buildings (non-single family residential), the maximum allowed height shall be as established by the applicable adopted Specific Plan. Building height shall be measured from the natural or finished grade immediately adjacent to the structure, whichever is lower. 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.F.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 the Chino Cone / Highway 111 Entry Corridor, Section 94.21.1.05. SECTION 8. Section 94.21.1.05 is added to the Palm Springs Zoning Code to read: 94.21.1.05 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 8 514197-1 514197.1 development projects. The design and preparation of the site shall have as their first 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 surrounding area, including lands within 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 5. Drainage Patterns and Local Watershed Boundaries 6. Minor and Major Water Channels 7. Significant Landscape Features, Oases, etc. 8. Flora and Fauna 9. Significant 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. 9 5'14197-1 514197.1 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 Highway 111 right-of- way and other viewpoints, with the actual viewpoints subject to final 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-dimensional graphic representation of final build-out shall be required as part any Specific Plan application, including scale model, computer simulation or similar presentation. All structures, including habitable and non-habitable buildings, storage tanks, and retaining 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 within the entire ESA-SP zone 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. 10 514197-1 514197.1 D. Site Preparation 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 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. Mass grading to create large, single-level flat pads is avoided . G. Cut-and-fill techniques to create flat development pads is avoided . d. Pad heights are not significantly raised beyond the natural topography. e. Slopes do not exceed 1 '/2 to 1. f. Retaining walls are limited to: 1. Retaining walls that are part of a building foundation; 2. Transition retaining walls taper from a height of five (5) feet with an overall length of twenty-five (25) feet. Screening shall be provided g. 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 does not adversely impact drainage patterns and local watershed boundaries. 11 514197-1 514197.1 C. Drainage volumes in existing channels are not increased over natural levels. Cl. 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. Detention basins are designed as integral parts of site contours and terrain. h. No ponding of water occurs above cut or fill slopes. i. Surface drainage interceptors are provided at the top of cut or fill slopes to prevent erosion of slopes and graded areas. j. All erosion control, and surface and sub-surface drainage facilities are designed to provide stable and long-term erosion protection. k. Manufactured drainage facilities are covered or screened with boulders and other materials to produce a natural appearance. E. 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 to preserve and protect historical drainage patterns. C. Significant habitat connections and view corridors are not interrupted by streets. '12 514197-1 514197.1 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. f. Street and site plan layout avoid single-loaded streets (double- frontage lots). Streets serve lots on both sides (single frontage lots) unless site cross-sections and a detailed slope analysis demonstrate that single-loaded streets more closely follow natural terrain. 2. Street Design a. Minimum public street widths are 24 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. C. Improved shoulders are composed of large stones or rocks and clean, native topsoil. d. 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. e. Shoulder slopes match pavement cross slope where roadway cross-slopes are used to control drainage. f. Geotechnical reports are prepared for any cut and fill slopes. g. Maximum slope gradient within 10 feet of the roadway edge do not exceed 4:1 for fill slopes and 3:1 for cut slopes. h. Maximum height of cut and fill slopes, including any retaining walls, is 8 feet. Retaining walls are the minimum height necessary to meet this standard. i. 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. '13 51,1197-1 514197.1 j. Slopes are rounded to blend into the existing terrain to produce a contoured transition. k. Streets are paved with decorative or colored concrete or pavers. Asphalt concrete shall not be allowed. 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. M. 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. Street lighting a. No street lighting is allowed. 4. 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. F. 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. Installation of utilities and utility corridors do not result in slope movement or surface subsidence. '14 514197-1 514197.1 C. Utility crossings do not obstruct or constrict washes. d. Vegetation removed for utility construction or maintenance is replaced with appropriate native desert plants. e. Utility corridors requiring frequent maintenance are not located within significant riparian, vista or habitat corridors. f. All utilities are located underground or screened from public view in a manner that represents natural desert landscaping. 2. Guiding Principles: Water Distribution Lines a. All water lines located in public or private street rights-of-way are located within the pavement sections. b. Water lines located outside of rights-of-way require waterline easements. C. Water meters are located adjacent to driveways and shall minimize impacts on environmental conditions. d. 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. b. Any visible portion of a water storage facility has an exterior color to match surrounding native stone, rock or soil color. C. Tanks are not be located on slopes greater than 3:1. d. Location and design of water storage facilities are coordinated in advance with the Desert Water Agency. 4. Guiding Principles: Wastewater Collection Lines a. All wastewater lines, including force mains, located in public or private street rights-of-way are located within the pavement sections. b. Wastewater lines located outside of rights-of-way require sewer line easements that include full vehicular and equipment access. 15 514197-1 514197.1 C. Wastewater lines avoid side or rear yard areas and cut or fill slopes. d. Wastewater lines are not located within areas subject to inundation by a 100-year storm flow, unless approved by the Director of Public Works. e. 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. G. 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 to the maximum extent feasible: a. Natural features and environmental functions, 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. Water channels and natural drainage ways 16 514197-1 514197.1 g. Significant visual features, such as peaks, ridgelines, rock outcrops, boulder fields, and significant stands of vegetation. 2. Guiding Principles: Design a. All exterior colors, materials and finishes blend with the color and texture of surrounding stone, rock or soil. b. Reflective building materials are not used. C. Passive solar control is incorporated into the architecture. Recessed window and entry openings and deep roof overhangs are examples. d. 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. e. Stepped elevations and floor levels are used to avoid massive building forms and wall surfaces. f. All exterior mechanical equipment is screened with material that complements the surrounding structures and environment. 3. Guiding Principles: Development Along Highway 111 a. Development of Planning Area 5A harmonizes with and does not overshadow Frey-designed Visitors Center. b. Buffers in setbacks of 75 to 125 feet are developed on properties fronting Highway 111 to screen development from motorists' views. All rooftops in the zone are screened from highway view using berms, landscape materials and setbacks. 4. 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, notches and similar features. 17 514197-1 514197.1 e. Walls and fences are screened with landscaping and boulders to minimize visual appearance. 5. Guiding Principles: Lighting a. Exterior lighting fixtures are shielded to eliminate from 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. 6. Guiding Principles: Landscaping a. The plant palette for any project is limited to plants native to the immediate vicinity, except as may be approved within a Specific Plan. Invasive ornamental plants are not used. b. Hydroseeding is not used, except for approved turf areas. C. Landscape lighting is not allowed, except as may be approved within a Specific Plan. d. Irrigation is of a non-spray design. e. Lawns are not visible from street views, except as may be approved within a Specific Plan. f. Swimming pool filtration systems are subject to the City of Palm Springs pool drainage permit. 7. Guiding Principles: Energy Conservation a. Solar energy panels are integrated into the design of buildings, structures and landscape plans. b. Mechanical equipment is not located on the roof and is integrated into the design of buildings, structures and landscape plans. C. Pools and spas are salt water. '18 514197-1 514197.1 H. 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 is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation; 2. 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. 3. 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. 4. The project utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species. 5. 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. 6. The project 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 project provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons. B. The project has been adequately designed to protect adjacent property, with appropriate buffers to maximize the enjoyment of the subject property and surrounding properties. 9. The project will not have a negative fiscal impact on the City or its citizens. SECTION 9. Section 92.21.1.06 is added to the Palm Springs Zoning Code to read: 19 514197-1 514197.1 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 §§ 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. 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 with 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, 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; 20 514197-1 514197.1 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. 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. SECTION 10. Section 94.21.1.07 is added to the Palm Springs Zoning Code to read: 9.4.21.1.07 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 development density — residential units and commercial floor area — may be transferred from any one property to another 21 514197-1 514197.1 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. 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 development density — residential units and commercial — 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. C. C. Density Transfer Performance Standards 1. Density transfers shall not be allowed to Planning Areas 1, 2, 3, 4, or 6. 2. Density transfers to Planning Areas 5, 7, 8, or 9 shall only be allowed from Planning Areas 1 through 9 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 11. Legislative Intent. The purpose of this Ordinance is to implement the goals and policies of the General Plan and to achieve the following objectives for all environmentally sensitive areas: A. To preserve the mountain vistas and open space which provide the foundation for the City's standing as a world class resort and retirement destination; B. To minimize urban sprawl thereby protecting against the resultant adverse impacts, such as air, noise, and water pollution, traffic congestion, destruction of scenic beauty, and disturbance of the ecology and environment; C. To protect the public from hazards associated with mountain development, including seismic activity, landslides, flooding, inaccessibility from fire and emergency services, lack of water for fire control, wild fires, collapse of roads, and similar risks; D. To protect and conserve hillside ecosystems, in conjunction with the multi- species plan, through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals; 22 514197-1 51407.1 E. To maximize the retention of the City's natural topographic features, including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcrops, view corridors, and scenic vistas, through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the City's landscape; F. To assure that use of the City's natural topographic features for development will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of any development use; G. To ensure the safety of the public, and to ensure that the placement, density, and type of all hillside development within the City is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and natural habitat, and that the natural hillside characteristics will be retained wherever practicable; and H. To minimize the scarring effects of excessive grading for roads, building pads, and cut and fill slopes. SECTION 12. CEQA Finding. The City Council hereby finds that there is no evidence, in light of the whole record before the City, that the adoption of this Ordinance may have a significant effect on the environment. The City Council further finds that this Ordinance establishes densities and intensities of use that are less intense or dense than those provided in the adopted General Plan for the City and which were covered adequately by the prior environmental impact report prepared in conjunction with the adoption of the General Plan. In addition, the regulatory processes as provided in this Ordinance involve procedures for the protection of the environment and will assure the maintenance, restoration, enhancement, and protection of the environment which exceed the processes and procedures provided in the current General Plan and the City's Zoning Code. Specifically, this Ordinance requires detailed environmental analysis to be prepared when or if specific plans are proposed for Planning Areas and such deferral of environmental review to the time a specific plan is proposed is consistent with the requirements of 14 California Code of Regulations Section 15183. SECTION 13. Application and Grandfathering. This Ordinance shall not apply to any project which has been previously approved by the City or its constituent boards, commissions or officials so long as such approvals remain valid, nor shall it apply to any application for discretionary land use development entitlements, zoning variances, or where the Director of Planning Services has, prior to the effective date of this Ordinance, scheduled a complete application for consideration by the applicable legislative body of the City for public hearing and possible action. SECTION 14. Annexation Policy. In order to ensure consistent application of the policies and of this Ordinance in all environmentally sensitive lands within the sphere of 23 514197-1 514197.1 influence of the City, including lands within the unincorporated areas adjacent to the City, the Council determines that it shall be the goal of the City to bring all unincorporated land lying along Highway 111 from US Interstate 10 to Tramway Road under the jurisdiction of the City of Palm Springs and to apply the regulations of this Ordinance to such areas, and accordingly the City shall vigorously pursue annexation of such areas. SECTION 15. Liberal Construction. The provisions of this Ordinance shall be liberally construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and convenience. SECTION 16. Severability. It is the intention of the City Council that the sections, subsections, clauses, and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. SECTION 17. Publication. 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 shall take effect thirty (30) days after passage. Continued on page 24 24 514197-1 514197.1 PASSED, APPROVED, AND ADOPTED this day of July, 2006 AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form: Douglas Holland City Attorney 25 514197-1 514197.1 A.O�?ALM Sp? �2 c V 1/ # COIIOEItEC`C'a Cq<I FOR��P CITY COUNCIL STAFF REPORT DATE: July 12, 2006 STUDY SESSION SUBJECT: DISCUSSION A ND DIRECTION ON A DRAFT ORDINANCE FOR THE CHINO CONE AND ADJACENT AREAS FROM: David H. Ready, City Manager BY: Planning Department On July 19, 2006, the City Council will conduct a public hearing on the draft zoning ordinance for the Chino Cone and adjacent areas. Since the Council last reviewed the draft ordinance on April 12, 2006, the ordinance has been reviewed and modified by the Council's sub-committee (Mills and Pougnet) and by the Planning Commission. On July 5, 2006, the Commission adopted its recommendation on the ordinance (after conducting a public hearing on June 28th). Staff has scheduled this study session to allow the Council an opportunity to review the recent changes and pose any questions in advance of the upcoming public hearing. The draft ordinance is undergoing review by the City Attorney and will be presented at the Study Session. A summary of the major changes will be provided for the Council's review and consideration. C'rr' ' . wing, CP Thomas J. Wil n Director of Pla� id g Services Assistant City anager, Dev't Svcs ITEM NO. �d�.