HomeMy WebLinkAbout22845 RESOLUTION NO. 22845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING THE
ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND
APPROVING A GENERAL PLAN AMENDMENT RELATED
TO CASE 5.1154 SP; MODIFYING THE BOUNDARIES OF
PLANNING AREA 3 AND PLANNING AREA 4 OF THE
SPECIAL POLICY LAND USE AREA OF THE 2007 PALM
SPRINGS GENERAL PLAN, ADOPTED BY THE CITY
COUNCIL BY RESOLUTION NO. 22077.
WHEREAS, on April 30, 2007, Ed Freeman on behalf of Pinnacle View, LLC
("the applicant") submitted an application for review pursuant to PSZC Sections
92.21.1.00 through 07 ("Environmentally Sensitive Area — Specific Plan"),and State of
California Governmental Code Sections 65450 ("General Plan and Specific Plans").
The application includes a General Plan Amendment that proposes to change the
boundaries of Planning Areas 3 and 4, of the Special Policy Land Use designation. The
project site is located at the western terminus of Racquet Club Road; and
WHEREAS, on November 1, 2007, notice in accordance with State
Governmental Code Section 65352.3, ("SB 18") was provided to Native American
Tribal representatives; and
WHEREAS, on December 7, 2007, the City issued a Notice of Preparation (NOP)
and Initial Study on the project indicating that a draft Environmental Impact Report
(DEIR) would be prepared on the proposed Specific Plan; the NOP comment period ran
from December 7, 2007 to January 7, 2008; and
WHEREAS, on January 19, 2010 a Notice of Preparation (NOP) was issued to
public agencies and interested parties noting a revised EIR would be prepared and a
45-day period was provided for responses to the NOP that ended on March 4, 2010;
and
WHEREAS, on January 21, 2010 the DEIR was prepared and circulated for a 45-
day public review period which ended on March 8, 2010; and
WHEREAS, all public comments received on the DEIR were reviewed and
written responses were provided in a Final EIR (FEIR); and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider a recommendation to the City Council of Case 5.1154 SP,
including the General Plan Amendment was given in accordance with applicable law;
and
Resolution No. 22845
Page 2
WHEREAS, on June 23, July 28, September 1, and October 27, 2010, a public
hearing on Case 5.1154, (The Desert Palisades Specific Plan, Change of Zone and
Tentative Tract Map 35540), and associated Final Environmental Impact Report was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, on October 27, 2010, the Planning Commission approved
Resolution 6161 recommending that the City Council certify the EIR as complete and
approve Case 5.1154 SP Desert Palisades Specific Plan, including the General Plan
Amendment, subject to Conditions of Approval; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1154 SP, TTM 35540, was given in accordance with
applicable law; and
WHEREAS, on January 5, 2011, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, at said public hearing the City Council considered the application
and the project including the General Plan Amendment, the staff report, the Desert
Palisades Specific Plan, the associated EIR, and all written and public testimony related
to Case 5.1154 SP and the General Plan amendment.
NOW THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: That the EIR for the subject project is an adequate assessment of the
potential adverse impacts of the proposed project under the guidelines of
the California Environmental Quality Act (CEQA). That the mitigation
measures outlined in the Mitigation Monitoring Plan is sufficient and
adequate to reduce any potentially significant impacts to less than
significant levels.
SECTION 2: That the proposed Desert Palisades Specific Plan is consistent with the
Goals, Policies and Actions outlined in the City of Palm Springs General
Plan as follows:
There are no specific findings for the approval of a Specific Plan, however the City
Council finds the proposed Specific Plan is harmonious and consistent with General
Plan policies and action items that are applicable to the project. The Specific Plan's
proposal to amend the General Plan by changing an approximately 12 acre parcel from
Planning Area 4 to Planning Area 3 within the Special Policy Area land use designation
is consistent with the General Plan because the proposed parcel remains within the
Special Policy area and its applicable goals, policies and action items.
Policy LU13.1: Require that any development in the Chino Cone be
harmonious with and respectful of the area's natural features.
Resolution No. 22845
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The DPSP provides detailed design guidelines and development standards for
structures and landscaping that provides for development that is integrated with the
natural conditions of the Chino Cone area. The proposed change of approximately 12
acres from Planning Area 4 to Planning Area 3 of the Special Policy Area land use
designation retains that area within the oversight of the Special Policy Area.
Policy LU 13.4: Allow for rural street profiles with French drain or similar
type of stormwater control features and code-complaint pedestrian
accommodations to traditional street standards and design of curbs and
gutters to establish a natural streetscape that visually blends into the
surrounding terrain.
The DPSP provides for a rural street profile with a v-profile and a center gutter. Street
surfaces are to be precast pavers, (no asphalt) in colors that are harmonious with the
local area. The proposed General Plan Amendment still requires development of the
roughly 12 acre land are to be consistent with this policy of the General Plan that relates
to the Special Policy Area.
Action LU13.1: Require preparation of a Specific Plan and associated
environmental analysis prior to the approval of any development within the
Chino Cone that differ from the residential uses permitted by right (1du/40
acres)
The DPSP provides a comprehensive Specific Plan and Environmental Impact Report in
accordance with the PSZC Section 92.21.00 (ESA-SP) and the General Plan. The
DPSP proposes a density of just under 1 du/ac, which is within the maximum
permissible density of 2du/ac with a Specific Plan for Planning Area 4 of the ESA-SP.
The General Plan Amendment allows the roughly 12 acre land area, which is a
contiguous part of a roughly 200 acre parcel in Planning Area 3 to be incorporated into
a future Specific Plan for Planning Area 3. It is logical and appropriate that this 12 acre
land area be within the same future Specific Plan as the rest of the roughly 200 acre
parcel.
THE CITY COUNCIL DOES HEREBY APPROVE THE GENERAL PLAN
AMENDMENT, MOVING A ROUGHLY 12 ACRE LAND AREA FROM PLANNING
AREA 4 TO PLANNING AREA 3 OF THE SPECIAL POLICY AREA LAND USE
DESIGNATION.
Resolution No. 22845
Page 4
ADOPTED THIS 5TH DAY OF JANUARY, 2011.
David H. Read anager
ATTEST:
es Thompson, City Clerk
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Resolution No. 22845 is a full, true, and correct copy, and was duly
adopted at a regular meeting of the City Council held on the 5th day of January, 2011,
by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel,
and Mayor Pougnet.
NOES: Councilmember Foat.
ABSENT: None.
ABSTAIN: None.
ames Thompson, City Clerk a t/0 a r2014
City of Palm Springs, California I