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HomeMy WebLinkAbout2006-02-08 STAFF REPORTS 1A TESTIMONY OF SAVE OUR MOUNTAINS REGARDING REGULATIONS FOR THE CHINO CONE AND ADJACENT HILLSIDE AREAS February 8, 2006 I am Jono Hildner, Chair of the Save Our Mountains Committee that led the fight on ballot measures B and C last March. Thank you for the opportunity to respond to the staff recommendations for regulating future development in the Chino Cone and adjacent areas. We have reviewed the staff report and the recommendations of the Citizens' Task Force. While there are elements of each that are laudable, they fall far short of protecting the landmarks that are vital to our city's identity, quality of life and our life blood, the tourist industry. The Citizens' Task force purported to seek a compromise between Measure B and the Urgency Ordinance. However, the final report reflects almost no reduction in density from the Urgency Ordinance in effect at the time, and represents a plan for development rather than a plan for preservation. The staff report,while being a more studied approach, continues the division of the Chino Cone into planning areas based primarily on ownership rather than on topography or some other logical division based on the land itself. It also seems to continue the misconception that all"Indian Land" is outside the jurisdiction of the City. We have attached responses to a number of points raised in the staff report. Generally,we believe that if we are to heal the divisiveness there must be a true compromise between the density we proposed in Measure B and that of the Urgency Ordinance. The current General Plan defines Open Space—Conservation(I dwelling unit per 20 acres) as follows: "Conservation areas are mainly designated for gently sloping areas of scenic beauty such as hillsides and natural landforms such as alluvial fans that should be preserved to maintain the City's unique character." Nowhere in the city should this definition apply more than the Chino Cone. Therefore,we agree with the recent vote of the General Plan Steering Committee and strongly urge that the entire Chino Cone be designated Open Space— Conservation. Further,we recommend that the City develop and adopt a plan for the entire Chino Cone and that no development be approved prior to the adoption i of that plan. During the campaign regarding Measures B and C, Save Our Mountains was accused of failing to work with the City to avoid divisive initiatives and referenda. With this testimony, we are letting you know that the Board of Save Our Mountains stands ready to work with City staff, members of the City Council and other interested parties to assure reasonable preservation of the Chino Cone and Palm Hills. We are firmly conunitted to a process that will preserve our City's most unique geographic assets. We also strongly believe that you need to give staff direction regarding Palm Hills. It was only minimally addressed by the Citizens' Task Force, even though the Palm Hills development project was resoundingly defeated at the polls last March. We continue to believe that the entire area above the toe of the slope should be zoned"Mountain" at one dwelling unit per 40 acres. Thank you for your indulgence and we hope that you can find our compromise worthy of your endorsement and bring us into this process to,hopefully, avoid further conflict at the ballot box. Save Our Mountains Attachment A ATTACHMENT A Comments on City Council Staff Report, Subject: Discussion and Direction on Hillside Regulations, dated February 8, 2006 Staff Analysis: Issues 1 —4, pages, 1-5. We commend staff on their succinct and unbiased analysis of these issues and want to emphasize our endorsement of the statement at the bottom of page 5, stating, "For the City's hillsides, staff believes that the specific regulations should address how development is sited to maximize the preservation of open space, minimize land disturbance (especially as related to boulders) and minimize off-site views of new construction and roads." Issue 5. Implementation. While we understand the desire of staff to have property owners bear the cost of developing"Specific Plans" for their desired projects rather than having the City develop a"Specific Plan"for the entire Cone, we are concerned that piece-meal plans will not lend themselves to having a comprehensive approach to preservation and development in the Cone. Perhaps,the concept of a comprehensive framework in a City developed "Specific Plan"that does not get extremely proscriptive regarding such items as details of landscape, lighting, signage, etc. would be appropriate. This would allow tighter control than standard zoning while allowing developers' specific plans that would be considered within the context of the whole. We think the idea of"Density Transfer" has some merit, but we are concerned about both abuse and practicality. Staff is right in being cautious with their discussion of this issue. Government is notorious in not understanding market incentives and either giving away too much or creating incentives that the market ignores. Further, we are concerned that increasing density should be done in the General Plan and not on an ad hoe basis. We endorse the idea of acquisition of Open Space, but want to make sure that the City Council understands that this is not a"silver bullet." The General Plan adopted in 1993, 13 years ago, states a goal, "Seek to preserve and maintain, through acquisition or regulation, those areas or sites which are found to have exceptional scenic value." Acquisition should be pursued with increased intensity, but no one should think that it is anything less than a very long-term solution and that without significant development restrictions, there will be nothing left to acquire. Interestingly,the table on page 7 of the staff report does not include a calculation of the number of runts allowed under the current Urgency Ordinance. We believe that Urgency Ordinance and the recommendations of the Citizens' Task Force mirror one another. We endorse the summary staff recommendation on page 8 that"development should be restricted to one unit per 20 acres to encourage the regulated specific plan approach." Where we disagree, is the idea of the development of resorts and condominiums in the Cone. Save Our Mountains agrees with staff recommendations on pages 8 and 9 with the following exceptions: 2. Specific developer plans must be in accord with an overall specific plan developed by the City and comply with the land use element of the General Plan designation of Open Space--Conservation; 3. a. Open space and residential only with outdoor recreation being entirely natural. b. Densities of one dwelling unit per 20 acres, without allowing the much higher densities proposed by the Citizens' Task Force and supported in the staff report d. We agree with the intent but believe there must be stronger language that is enforceable. February 6th, 2006 Good evening, Council and Staff, Dana L. Stewart and James McKinley, Palm Springs (760) 864-4181 We ,are Life Members of The Living Desert, and we, of course, support the MSHCP. We also endorse ordinances for density transfer, as a step towards the protection of the alluvial fan of Chino Canyon. As we have said so many times, mass development is causing a real burden on our most vital resources of water and energy. It is critical to protect further habitat from being destroyed, but also, to prevent further overuse of life-giving water, and to curtail the deadly pollution of our air and water from poor construction practices. Water courses and sources are being altered with highly questionable consequences. The alluvial fan plays a major role in water percolation and run-off. We are happy that Mr. Pougnet and Ms. Foat attended the developers' seminar on "smart growth" in Denver. We would like to have seen them, also, attend the nearby regional"sustainable growth" seminar in Riverside, two weeks ago. ALL sustainable growth is smart growth, but not all smart growth is sustainable. Again, we are eco-developers, not opposed to development. We applaud the leadership of major developers, like Ted Lennon of Lowe Enterprises, in the LEED "green" building program. Technologies, such as solar, have tremendous marketing value, and multiple turnover benefits throughout the local economy. This is known as "sustainable development", and it is not just a buzz word. We agree with Ed Kibbey, of BIA, and all the other endorsers, that the MSHCP reconciles conservation issues with development issues. More locally, developers will see the advantages of minimal disturbance to the eco-systems we have, and of not trying to build in boulder fields! For a glaring example, the Tuscany Heights project on the fan is a terrifying, life and property threatening, catastrophe at great cost. Anything built in Chino Canyon, even vested projects, must have a current EIR. When property changes hands, it is the due diligence responsibility of the buyers, and the city engineers, to assure compliance with current restrictions. When people purchase land, it is a speculation, just like buying stocks. There is no guarantee that they will be able to "cash in". Many owners of the lands purchased them in order to preserve them in perpetuity, such as Culver Nichols. We urge you take any and all measures to protect Palm Springs and the Chino Canyon alluvial fan. Thank you. �. 4. r BE PREPARED As we share in the anguish of those in the Gulf States, who struggle to recover from the double-barrel shotgun impacts of hurricanes Katrina and Rita, we are well-reminded of the Scouts' motto "Be Prepared". To do that, we begin with architects, developers, city planners and the building industry. And we begin at home. It can be done, and it is way past time to exercise our power as consumers and informed voters to insist that the many proven technologies of"green" building are implemented. We were stymied that the lessons of hurricane Andrew, many years before, had been ignored. Our first eco-development company found its first eco-building technology in Florida, in1990. These high R-rated (able to withstand winds of 190 miles per hour) building system homes were the only ones left standing. It proved we had chosen well. Why did they not rebuild with this method? Perhaps they can be utilized for levees! The Miami architect, Alberto Otero, designed a number of floor plans for affordable housing to reflect those of our eco-resort. Ken Ronchetti, an architect from Rancho Santa Fe, CA, devised copper piping under a parking lot to heat all the water for a 7,500 Square- foot home, including the pool and spa. We became familiar with the late architect, Lee Porter Butler, whose brilliant"cushion of air" design eliminated all heating and cooling equipment, whether it was built in Alaska or Arizona. Fans and appliances ran on solar. This design debuted in 1978, Since then, we have found growing numbers of architects, systems and builders that can work together to customize a home, commercial building, or infrastructure to its local climate and natural disaster patterns. Whether it is drought and fire, earthquakes, tornados, or floods and wind, these forces can be mitigated, possibly prevented, and even utilized, by current technology. At long last, the solar-powered light begins to dawn upon developers and city planners. Solar is the fastest, cheapest, cleanest energy source available. Solar, in turn, can generate hydrogen fuel for vehicles of all sorts. Today, so many types of solar products are available. It comes in an array of sheets and shingles, panels and fabric, vacuum tubes and tracking concentrators. There are small solar units to operate signal lights so that emergency personnel are helping people rather than directing traffic during an energy or environmental crisis. Community clubhouses or resorts with the foresight to install solar may be the only functioning places with heating, cooling, cooking or lighting in a whole neighborhood or town. However, even these oases are too very few and far between. Clean production of biomass energy and bio-diesel are available to be utilized. Wind power needs to be made safe for the raptor lairds that are being killed, upsetting the balance of nature with rodent infestations that carry Hanta virus. They also kill bats which eat the mosquitoes carrying West Nile and encephalitis virus There are designs that prevent that carnage and the contamination from oil leaks. On an individual and local level, and on state and national levels, we can each play our parts towards energy independence. Mining, oil, coal, and gas exploration, extraction and distribution, have become inordinately expensive. The costs in lives, health and environmental destruction are additional costs. Yet another cost is added in the clean-up of soil and water resources. Looming over all of that is the rapid and disastrous acceleration of climate change, through global warming, caused by the over-use of filthy fossil fuels. Nuclear fuels and weaponry are the most terrifying, infinitely contaminating, and most expensive of all. Disposal of wastes is a nightmare. Nuclear power should only be used to deflect asteroids on a collision course with Earth. They need to be pointed upwards, in a common cause, not at each other. People in these old-fashioned, dangerous and Polluting industries could be employed in the manufacture, sales, and installation of solar products, biofuels and environmental projects. The field offers tremendous opportunities for gratifying work and for advancement in all skill categories. Think of West Virginia's coal miners and the ghost town of Flint, Michigan. The many benefits of green building and industries have huge marketing value. We need to pull out all the stops for dependable clean air, clean water, and clean food. Invest in air and water purifiers (not filters)for your family. Ionization, which drops dust particles out of the air and Ozone technology which adds oxygen to break chemical bonds, and destroy mold and pathogenic bacteria, are preferable. Use biodegradable products. Drive the acceleration of the production of organic foods through your power of the purse. Eco-architecture and eco-development, which precludes unsafe and damaging construction and energy practices is the only way to mitigate and even prevent the growing number and intensity of natural disasters. We need to become self-reliant once again. Do not depend upon government. Do not allow a "war against Nature". It is synonymous with a war against the Almighty. It is a war of choice that cannot be won. Better to be gracious and grateful in accepting the great gifts of health and wealth offered by Nature. You need to insist, and prove, that "a good ecology makes for a good economy" (our motto). We have another slogan that "we turn waste streams into revenue streams" and we know that you can "do well by doing good". So, my little grasshoppers and social butterflies, the time has come to join us "aunts" (and uncles) and earn your merit badges. Be prepared. We know it can be done, and that you can do it. You'll have lots of help. Scout's honor! Dana L. Stewart, Chairman Alliance BioProducts, LLC 2660 N. Farrell Drive Palm Springs, CA 92262 (760) 864-4181 Email: abccbio@yahoo.com "A GOOD EVENING MAYOR ODEN AND COUNCIL MEMBERS, MY NAME IS GLADYS KRENEK AND I AM A RESIDENT OF PALM SPRINGS. I AM SPEAKING TONIGHT AS THE CO-CHAIR OF THE PALM SPRINGS CHINO CANYON NEIGHBOROOD COALITION. WE ARE A GROUP OF COMMUNITY LEADERS WHO LIVE NOT ONLY IN THE CHINO CANYON NEIGHBORHOOD AREA, BUT ALSO THROUGHOUT OUR CITY. WE SHARE A PASSION FOR OUR COMMUNITY'S EXQUISITE MOUNTAINS AND THE REMARKABLE CHINO CANYON ALLUVIAL FAN. THIS MAGNIFICENT ENTRY TO OUR CITY MUST BE PROTECTED AT ALL COSTS. I AM URGING YOU TO DIRECT YOUR STAFF TO ENSURE THAT BOTH ORDINANCES THAT WERE RECOMENDED BY THE CITIZEN'S TASK FORCE FOR MOUNTAIN AND FOOTHILL PRESERVATION AND PLANNING , BE DRAWN INTO ORDINANCES . FURTHER, OUR COALITION WILL SUPPORT THESE ORDINANCES AS BALLOT MEASURES, COMING BEFORE THE CITIZENS OF OUR CITY, WHO WILL HAVE THE OPPORTUNITY TO VOTE THE ORDINANCES INTO LAW. THIS WILL PROTECT BOTH OUR MOUNTAINS AND, MOST ESPECIALLY, OUR ALLUVIAL FAN FOR GENERATIONS TO COME, FINALLY, THE DENSITY TRANSFER THAT WILL PRESERVE AND PROTECT THE HEART OF OUR LAST ALLUVIAL FAN, MUST BE INCLUDED. THANK YOU. GLADYS KRENEK CO-CHAIRPERSON PALM SPRINGS CHINO CANYON COALITION (PSCCC) Additionally, I want to say just a few remarks from a purely personal standpoint concerning the Palm Springs area. We all perhaps saw the various maps in The Desert Sun this past week and noticed that Palm Springs is really a small area. It lies at the foot of the highest mountain in this area, Mt. San Jacinto, and is the "Port of Entry" into the valley. You might say... it's like the Matterhorn in Switzerland which invites one into the Alps. San Jacinto/Chino Canyon invites you with its moonscape into the mysterious, unfathomable valley of the mountainous desert area with its diverse lovely cities. Chino Canyon is the greatest natural treasure in the Palm Springs area. If we lose this treasure, due to allowing structures to be built on its grounds, we will have lost the essence of the core of our area. Palm Springs is famous world-wide. Tourists come here primarily because of its location, climate and, above all, the scenic desert/ mountainous biblical beauty of this area. I ask you to weigh heavily/seriously your responsibilities in determining whether or not Mt. San Jacinto/Chino Canyon remain in all their glory, just as they are now - this instant - for us, and Mankind everywhere. Gladys N Krenek February 8, 2008 02/06/206G 14:27 3235531432 LEBARON MORUZZI PAGE 02 Fill F. 3 T L N S D,11 9- 26011GED -0 rid t,- J P. O. Box 4738 Palm Springs, CA 92263 February 6,2006 Honorable Mayor and Councilmembers City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Subject: Support for General Plan Steering Committee Vote for Chino Cone as-Qpeli-5-p—ace Conservation Area Mr Mayor and Couricilmernbeis: The Palm Springs Modern Committee (PS Modcom) is very concerned about the area in the Chino Cone known as 5aand 5b that surrounds the City's historic Visitor's Center. As you know,the Visitor's Center was designed as the Tramway Gas Station by Albert Frey and Robson Chambers in 1965 and has been designated by the City as a Class One Historic Site. Its significance is derived not just from its architecture but also from its setting as a sculptural object within the open desert. Additionally, the views from the interior of the building out the rear plate glass windows towards the Chino Canyon alluvial fall are exceptionally important. Based on our concern, PS Modcom was very pleased with the recent vote of the General Plan Steering Committee to recommend designation of all land in the China Cone from Highway I I I on the east,Tramway Road on the south, and the Sat) Jacinto National Monument on the west and north as "Open Space Conservation." We fully support the Committee's recommendation as the best way of preserving the natural desert context in which the historic Visitors Center sits, As such, the Palm Springs Modern Committee strongly urges that you direct staff to incorporate the General Plan Steering Committee's recommendations on the Chino Cone into the draft hillside regulations that you are requesting. Sincerely, Pete[ Moruzzi President Palm Springs Modern Committee �OF 7 A LM SpP �2 4� v in . C . c'4<IFOVt CITY COUNCIL STAFF REPORT DATE: February 8, 2006 SUBJECT: DISCUSSION AND DIRECTION ON HILLSIDE REGULATIONS 1=ROM: David H. Ready, City Manager BY: Planning Department SUMMARY This memo present options for regulating future development of Chino Cone and adjacent areas. RECOMMENDATION: Direct staff to prepare draft hillside regulations for the Chino Cone and adjacent hillside areas based on the issues outlined in this memo. STAFF ANALYSIS: Background On December 14, 2005, the City Council received the final recommendations of the Citizen Task Force for Mountain and Foothill Preservation. At that meeting, the Council directed staff to return with an initial recommendation for establishing development regulations for the Chino Cone and other undeveloped hillsides. This memo summarizes the basic issues surrounding the creation of new hillside regulations and offers a recommendation for further action. A public hearing has not been noticed for this item. Regulatory Context Existing policies governing hillside development are contained in the Palm Springs General Plan and Zoning Ordinance. The General Plan sets the basic tone for future development, and states the following about the Chino Cone: Nowhere in this country is there a site with the abrupt transition from desert to mountain so spectacularly defined. Chino Cone offers an unparalleled dimension in recreation and resort living potential. Recognizing the dynamics of the Tram itself, the recommended land uses are those which should complement the Tram and stimulate Item No. I.A. City Council Staff Report February 8, 2006 Hillside Regulations— Discussion and Direction Page 2 of 9 development of the highest quality. (Palm Springs General Plan, p. 1-21, see attached). The General Plan Land Use Map currently identifies the less steeply sloping areas (under 30%) of the Chino Cone with a range of uses and densities — from Very Low Density Residential (L-1 / One Unit per Acre) to High Density Residential (H 43/21 — Forty-three Hotel Rooms or Twenty-one Dwelling Units per Acre). An excerpt of the General Plan Land Use Map is attached to this memo. In addition, the General Plan establishes an "Area Plan overlay" in the Chino Cone, as well as other sensitive areas. This overlay is intended to address, "...environmental sensitivity, delivery of service questions, avoidance of premature subdivision or prospects for special development of destination resort facilities." The General Plan gives specific attention to the Area Plan for Chino Cone, requiring that it address: • Roadway alignment on Tram Way ■ Environmental Impact Report on: o Infrastructure o Biology o Visual and cultural resources o Drainage o Wildfire Hazards • Specific Plan or Planned Development District is required for individual projects ■ Targeted land uses: o High-end residential, o Large-scale destination resorts o Commercial recreation The Zoning Map and Ordinance establishes Multiple Family Residential, Single Family (Residential, Urban Reserve and Open Space zones in the Chino Cone similar to the designations in the General Plan. Other more recent actions related to the Chino Cone are summarized, as follows: ■ Urgency Ordinance — In response to new interest in the development of Chino Cone, the City Council adopted an urgency ordinance in October, 2004, directing that new regulations be prepared for the Chino Cone and adjacent areas. The urgency ordinance was extended in December 2004 and September 2005, and will expire in October 2006 with no further extensions available. While the urgency ordinance is in effect, development may only occur with the approval of a Specific Plan. ■ Measures B — A ballot measure was placed before the voters in March, 2005 proposing a maximum residential development density in the Chino Cone of one unit per 40 acres. The measure failed.2 ■ Citizens Task Force — Following the actions on Measures B and C, a citizens task force (CTF) formed with the stated aim of, "...seeking common ground for the Other Area Plan Overlay districts are Canyon Park, Palm Hills, Palm Springs Classic and Smoke Tree. 2 A companion measure to rescind a specific project in the Palm Hills area was passed (Measure C). City Council Staff Report February 8, 2006 Hillside Regulations—Discussion and Direction Page 3 of 9 development of land use policies for the areas subject to Measures B and C..." The CTF received City Council support with the inclusion of two Council members on the Task Force and the resources to hire an attorney. The CTF conducted meetings and workshops resulting in a final report presented to the City Council on December 14, 2005. The Task Force's recommendations include residential densities ranging from 1 unit per 40 acres to 6 units per acre and a limited set of commercial development opportunities.3 Establishing Regulatory New Controls While the City has long-established policies for regulating hillside development, recent attention from developers has spurred a renewed interest regarding the appropriateness of the current regulatory scheme. In response, the Council adopted the Urgency Ordinance, supported the efforts of the Citizen Task Force and is considering new directions for the use and development of the Chino Cone and adjacent areas. There is a wide range of potential options for how the City might regulate undeveloped hillside land. The correct choice may be difficult to discern, but it is possible to create a framework for evaluating which choices make more sense or best fulfill the community's values and expectations. Such a framework would be based on three basic elements of Land use control (with two additional elements requiring separate discussion). The three elements are: 1. Types of land use — These are the activities that people conduct on land. In their most simple form, they are best-known as "residential", "commercial", "industrial", "institutional", etc. However, variations abound. • For the City's hillsides, staff believes the range of choices can be narrowed to: a. residential and quasi-residential uses, (including homes, condominiums, apartments and resorts), b. outdoor recreation (golf courses, trails) and c. open space. 2. Density or Intensity — This is the amount of activity that occurs and is usually expressed as a maximum allowed density / intensity. Density is associated with residential uses as units per acre, while commercial and other non-residential uses are expressed as Floor Area Ratio or similar formula. • For the City's hillsides, staff believes that a range of density options is already established at the low and high ends, with other choices in between, as follows: a. Low Build (One Dwelling Unit per 40 Acres) b. Citizen Task Force Recommendation "The Task Force also provided recommendations for the Palm Hills area, which is outside the scope of this report. City Council Staff Report February 8, 2006 Hillside Regulations—Discussion and Direction Page 4 of 9 c. One Unit per Acre d. Current General Plan Less 20% e. High End: Current General Plan 3. Distribution — This is how uses are physically laid out on the land. Uses may be dispersed evenly across the land or concentrated in one corner or clustered in response to unique or site-specific conditions. Examples of different distribution schemes are shown below: �4§ 04 EVENLY DISPERSED CLUSTERED CONCENTRATED (SINGLE FIM ILY HOM ES) (CONDOMINIUMS) (RESORT) EXAMPLES OF DISTRIBUTIONI OPTIONS For the City's hillsides, staff believes that the range of distribution choices — from dispersion, to clustering, to concentration — is wide open. By considering the issues of use type, density and distribution, the Council can more clearly determine its preferences for what would be acceptable development on the hillsides, if any. It may then develop and adopt regulations that will successfully fulfill these objectives. Staff has prepared the following chart to help integrate these three elements. On the vertical axis (left margin) the range of density / intensity options is shown, with low density at the bottom. On the horizontal axis (bottom margin) the range of distribution options is presented, with dispersion at the left. By choosing a set of density / distribution pairs, the most feasible land use is identified. Alternatively, a preferred land use will suggest the type of density and distribution that would work best. City Council Staff Report February S. 2006 Hillside Regulations—Discussion and Direction Page 5 of 9 HIGH 20 PER ACRE Rea0lta C,ONao"dniSims 110 PER ACRE 5 PER coxaomixiams Resorts Ev 1*1 ACRE is 1 2 PER simpte Fatuity C'.011210miaiams T AGRE Homes y 1 ACRE MIN. Six�te Fatuity 5+AcPE Rane�jettea Homes hO1Af MIN. 1 E I DISPVRSUD CONCT HIRAYF 0 131STRIBIUTION MATRIX OF RESIDENTIAL LAND USES DENSITY BY DISTRIBUTION 4. Site Design Objectives — The fourth element comprises the site and design objectives the City wishes to achieve for new development. These can include both City-wide and site-specific issues, including the natural environment (e.g., geologic hazards, habitat preservation, air quality), esthetics (view impacts, architectural style), public services (police, fire, parks and recreation) and quality of life (traffic, site amenities, historic preservation). Many of these issues are routinely addressed through mandatory environmental clearances; those that are unique to sub-areas of the City can be highlighted in applicable regulations. • For the City's hillsides, staff believes that specific regulations should address how development is sited to maximize the preservation of open space, minimize land disturbance (especially as related to boulders) and minimize off-site views of new construction and roads. City Council Staff Report February 8, 2006 Hillside Regulations—Discussion and Direction Page 6 of 9 5. Implementation — The fifth element to establishing hillside regulations is how the City's development preferences are realized; that is, the implementation tools used to achieve the Council's goals. These are not neutral choices — political implications, legal limitations, administrative requirements or costs to the developer make regulatory mechanisms a key part of the Council's overall decision regarding hillside development. Staff has identified the following implementation options for the Chino Cone and adjacent areas: ■ General Plan and Zoning Regulations via a Specific Plan — The General Plan and zoning ordinance set the permitted land uses, density limits, development rules and methods for project review. The City Council may amend the current policies to reset the rules for hillside development, including the adoption of a Specific Plan, as called for in the 1993 General Plan. Such an amendment is also what the Council called for in the 2004 urgency ordinance. The Specific Plan can contain both General Plan policies and site-specific development standards, and therefore include everything from overall goals to the details of landscape, lighting and signage. ■ Developers' Specific Plans — An alternative to the City preparing an overall specific plan is to have property owners prepare specific plans for their own project for review and approval by the City. With this approach, the City sets overall land use goals, but the developer proposes the zoning standards for a specific project. The advantages of this approach are: o Plans and standards are tailored to specific properties, o The owner's timing needs are taken into account, o Greater planning flexibility is possible in response to market conditions, and o Costs to prepare the plans are directly borne by property owners ■ Density Transfer — A more ambitious development control is the adoption of a density transfer mechanism that encourages the distribution of development rights between properties. The City, in effect, creates a market where the development rights from properties the City wishes to preserve as open space are sold to other properties the City deems more suitable for development. This is a complex process and must not be considered without an unwavering commitment to creating a successful transfer market. The features of density transfer include: o May be used within hillside areas or more broadly (e.g., City-wide), o Requires General Plan determination of land uses and density limits to establish market values o City must be firm in holding to density limits over time to preserve integrity of the market • Acquisition of Open Space — In order permanently preserve open space, the City may either acquire the development rights or purchase the land outright: o Sources of funds include the City's General Fund, tax-supported bonds, City Council Staff Report February 8, 2006 Hillside Regulations- Discussion and Direction Page 7 of 9 third-party grants and donations. c City General Plan must establish permitted land uses and density limits so that property values may be estimated. Factual Conditions The 2004 Urgency Ordinance established nine planning areas within and around the Chino Cone. The Citizens Task Force report provides the following numbers on these areas (all are approximate; see chart below): Total acres considered developable: 1921 • Area No. 2 has about 360 acres with entitlements (Shadowrock) Area No. 3 contains about 340 acres, and is subject to Agua Caliente Band sovereignty • About 1220 acres remain as subject to new hillside regulations PA's Total Acres Developable Acres City jurisdiction / no permits 1, 4 - 9 2392 1218 City jurisdiction /with permits (Shadowrock) 2 360 360 Outside City jurisdiction /Tribal land 3 415 343 TOTAL --- 3167 1921 Staff notes that development of Planning Areas 2 and 3 will have a significant effect on planning for the areas 4 through 6 since the provision of public services (streets, drainage, water, sewer, etc.) to Shadowrock and the tribal lands will facilitate development of properties at lower elevations. Based on the acreage information above, staff has calculated an approximate total of residential units from the five density schemes identified on page 2 of this report: Low Build Citizen Task Large Lot Exist. GP Less Existing Gen'I Force Dev't 20% Plan Density 1 unit /40 Varies 1 unit/ acre Varies Varies acres Maximum 30 745 1218 1309 1637 Dwelling Units Shadowrock and 1406 1406 1406 1413 1766 Tribal Units TOTAL 1436 2151 2624 2722 3403 Selecting a Preferred Regulatory Scheme The regulatory options described above provide a way to allow noteworthy development in the City's hillside areas - as envisioned by the General Plan - while preserving City Council Staff Report February 8, 2006 Hillside Regulations—Discussion and Direction Page 8 of 9 substantial open space. Specifically, staff believes two approaches should be considered -- either separately or in combination: 1. Concentrated, Dense Development, such as condominiums and resorts. 2. Dispersed, Low-density Development, such as large-lot single family and ranchettes (two to five acre lots). These land uses would apply to the central portion of Chino Cone; that is, Planning Areas 4, 5 and 6. Planning Areas 8 and 9 are not directly within the Cone, but would also yield :significant open space through similar strategies. The benefits from either approach are economic as well as environmental — allowing for the investment needed to plan and develop high-quality projects and supporting infrastructure, while assuring that the least amount of land is disturbed. In summary, staff believes that the City should allow residential and resort development at the densities recommended by the Citizens Task Force, as 1) concentrated resorts / condos, 2) sparse, highly-dispersed ranchettes, or 3) a combination of the two. Staff also recommends the creation of site-specific design standards that reduce environmental impacts, land disturbances and off-site views of development. Finally, staff believes specific plans initiated by the property owners are the appropriate implementation tool for development of the Chino Cone and adjacent areas. (In the meantime, development should be restricted to one unit per 20 acres to encourage the regulated specific plan approach.) s A� �r REcoAIIV EmDED LAND USE CONCEPT Recommendation: Staff recommends that the Council direct staff to prepare an ordinance based on the discussion outlined above. Staff supports the following elements in a future ordinance: 1. Base land use development is residential at 1 unit per 20 acres, 2. Development in excess of the base limits may only be accomplished by preparation and adoption of a Specific Plan, and City Council Staff Report February 8, 2006 Hillside Regulations— Discussion and Direction Page 9 of 9 3. Development within any Specific Plan would be subject to the following requirements: a. Land uses limited to open space, residential and resort uses, with ancillary outdoor recreation. b. Development densities are as proposed by the Citizens Task Force c. Distribution of development within any Specific Plan may be concentrated or widely dispersed, but only on 20% of developable lands (having less than 30% slope). Open space shall comprise 80% of developable lands. d. Site planning requirements that minimize environmental effects, including grading, views, public services. _s FISCAL IMPACT: Finance Director Review: No direct fiscal impact is anticipated at this time. Based n Council direction, fiscal impacts of revenues versus expenditures for public services may vary. Or A'.Ewing, AIC' Thomas J. Willson" Direli of Plarininaervices Assistant CityManager, Dev't Svcs David H. Ready City Manager Attachments: 1. Excerpt from Palm Springs General Plan 2. Excerpt from Palm Springs General Plan Land Use Map GENERAL PLAN EXCERPT Area Plans The Land Use Map delineates several areas in the City' s planning area for Area Plans. This designation, overlaying generalized land uses, circulation systems, and the like, is established in order to direct additional research prior to development of a property or a related group of properties. The reasons for the Area Plan overlay may include environmental sensitivity, delivery of service questions, avoidance of premature subdivision or prospects for special development of destination resort facilities . The underlying Land Use is established as a baseline for environmental analysis and may be altered upon completion of the specific planning required for the area. The area plan may take the form of either a Specific Plan or a Planned Development District as required. However, where the area plan is intended to be processed and adopted as a General Plan Amendment, a Specific Plan shall also be required. A Specific Plan is a development plan which may further refine the tgie ral Plan. Specific Plans often provide detailed design and ,uralysis of complex mixed-use projects, and indicate specific land us Locations and design. A Specific Plan contains text, exhibits ,uid diagrams indicating the distribution, location and intensity of proposed land uses and the necessary public and private urban support systems pursuant to California Government Code Sec. 65450- 65457 . Such plans shall be adopted prior to any development in the specified areas. Each Specific Plan also defines the standards and criteria for development, open space and, where applicable, conservation programs. Additionally, the Specific Plan provides a program of implementation measures and financing necessary to carry out the project . Planned Development Districts (PDDs) are designed to provide for various types of land use to be combined in compatible relationship with each other. It is the intent of a PDD to be in compliance with ihf• General Plan and good zoning practices while allowing certain d :; ir,ihli• departures from the strict provisions of the specific zone rl.issifi_cations. D(•vclopment areas within areas designated with an Area Plan Overlay on the General Plan Land Use Map, or described in the text of the General Plan, cannot proceed until a Specific Plan or a Planned Development District has been prepared and adopted by the City Council for the entire plan area. In areas where the plan encompasses more than one property, the Plan must be completed and adopted prior to development on any affected property. Either the City or the property owners may initiate the required plan. 3/3/93 1-2 0 3.2.2. Polenlial developable: areas of 300 acres or larger (or a portion of such area) shall be subject to the approval of an area plan prior to development. Such plan may take the form of either a Planned Development District or Specific Plan. Proposals for each planning area shall be designed as a total unit prior to the approval of any partial development within that unit; individual structures or land uses which may interfere with proper development of a planning area should not be approved. 3.2.3. Prior to the adoption of the required Area Plan, non-intrusive, self-contained and -serviced uses may be allowed where infrastructure development is not necessary. This allowance may include such uses as caretaker's residences, limited agriculture, primitive campgrounds, excursions and very-low-density residential on lots of record of 160 acres or greater. Requirements for certain areas are outlined as follows: Canyon Park A specific plan (Specific Plan NI) has haen approved to construct a destination resort, known as Canyon Park Resort & Spa, which will include a guard-gated residential enclave with estate homes; a resort hotel, including a spa and fitness complex; an IA-hole championship golf course and clubhouse; and accessory reermdional and commercial Facilities. The site comprises 746 acres on S. Palm Canyon Drive, southerly of Murray Canyon Dr. For detailed information, refer to the files for Specific Plan k1 in the Department of Planning& 7oning. Chino Cone Nowhere in this country is lberc a site with the abrupt transition from desert to mountain so spectacularly defined- Chino Cone offers an unparalleled dimension in recreational and resort living potential. Recognizing the dynamics of the Tram itself, the recommended land uses are those which should complement the Tram and stimulate development of the highest quality. Further included as an integral part of this General Plan is the firm recommendation that all development to take place in this magnificent area be required to respect and conjoint to the special characteristics of Ilse site and the total Pahn Springs euvilonmC111- Requirements too Area Plan: 1. A roadway alignment study of 'Pram Way which addresses the permitted density of development and safety. Plans for it special roadway section within a 100-fool righhof-way shall be developed 2- A full Environmental Impact Report with locus on 1) infrastructure development (including circulation) and its impacts, 2) biological concerns including, but not limited to, threatened, rare and endangered plan) and animal species, 3) visual and cultural resources, 4) drainage, and $) wildfire hazards. .3. Either a Specific Plan or a Planned Development District may be submitted. The requirements outlined above must address the relationship with the entire area. 4. 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