HomeMy WebLinkAbout1784 ORDINANCE NO. 1784
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE ZONING MAP TO CHANGE
THE DESIGNATION OF AN APPROXIMATELY 12 ACRE
PORTION OF PLANNING AREA 4 TO PLANNING AREA 3
IN THE ENVIRONMENTALLY SENSITIVE AREA —
SPECIFIC PLAN (ESA-SP) ZONE AND ADOPTING THE
DESERT PALISADES SPECIFIC PLAN WHICH MODIFIES
THE DENSITY AND DEVELOPMENT STANDARDS FOR
PLANNING AREA 4 OF THE ESA-SP ZONE; LOCATED IN
THE VICINITY OF TRAM WAY AND WEST OF THE
WESTERN TERMINUS OF RACQUET CLUB ROAD,
SECTION 4 (IL).
City Attorney's Summary
This Ordinance amends the City's Zoning Map by changing
the land use designation of an approximately 12 acre parcel
of land in the vicinity of Tram Way and west of the western
terminus of Racquet Club Road, from Planning Area 4 to
Planning Area 3 in the Environmentally Sensitive Area —
Specific Plan (ESA-SP).
WHEREAS, On April 30, 2007, Ed Freeman on behalf of Pinnacle View, LLC (the
Applicant) filed an application for a Specific Plan (Case 5.1154) for Planning Area 4,
which included a Change of Zone, requesting to change the designation of an
approximately 12 acre land area from Planning Area 4 to Planning Area 3 within the
ESA-SP zone. The 12 acres is part of a roughly 200 acre parcel, identified as APN 504-
020-010; 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
Ordinance No. 1784
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WHEREAS, all public comments received on the DEIR were reviewed and
written responses were provided in a Final EIR (FEIR); 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, a public hearing notice to consider Case 5.1154 SP, The Desert
Palisades Specific Plan, including the roughly 12-acre Change of Zone request was
published in accordance with applicable law; and
WHEREAS, on June 23, July 28, September 1, and October 27, 2010, a public
hearing to consider Case 5.1154 SP, The Desert Palisades Specific Plan, which
included the roughly 12-acre Change of Zone request was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, on October 27, 2010, the Planning Commission adopted Resolution
6161 a recommendation to the City Council to approve Case 5.1154 SP, The Desert
Palisades Specific Plan, including the roughly 12-acre Change of Zone; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1154 SP, The Desert Palisades Specific Plan and roughly
12-acre Change of Zone, 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, pursuant to Section 66412.3 of the Subdivision Map Act, the City
Council has considered the effect of the proposed project on the housing needs of the
region, and has balanced these needs against the public service needs of residents and
available fiscal and environmental resources; and
WHEREAS, a specific plan is a change to the zoning map and the text of the
zoning code, in which it changes the density, development standards and procedures
for a specific land area; and
WHEREAS, a change of zone is adopted by ordinance and includes two
readings and a thirty-day period before it is effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case 5.1154 SP The Desert Palisades Specific Plan, including the 12-acre
Change of Zone; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider said Ordinance adopting Desert Palisades Specific Plan for
Ordinance No. 1784
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Planning area 4 of the ESA-SP zone and the roughly 12-acre Change of Zone, was held
by the City Council in accordance with applicable law; and
WHEREAS, at said public hearing the City Council considered the Desert
Palisades Specific Plan and associated Change of Zone, including the staff report, the
associated EIR, and all written and public testimony related to Case 5.1154 SP.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Certification of the EIR. Pursuant to CEQA, the City Council hereby
certifies that the Environmental Impact Report (EIR) for Case 5.1154 SP,
CZ adequately describes the environmental setting of the proposed
project and its possible impacts. The City Council further finds that with
adoption of the proposed mitigation measures, all potentially significant
impacts will be reduced to less than significant impacts.
SECTION 2: Change of Zone Findings for the roughly 12-acre parcel. Pursuant to
Section 94.07.00 —"the council in reviewing a proposed change of zone
shall consider whether the following conditions exist in reference to the
proposed zoning of the subject property":
1. The proposed change of zone is in conformity with the general
plan map and report. Any amendment of the general plan
necessitated by the proposed change of zone should be made
according to the procedure set forth in the State Planning Law
either prior to the zone change, or notice may be given and
hearings held on such general plan amendment concurrently
with notice and hearings on the proposed change of zone.
The project proposes a minor change in the zone boundaries for Planning Area 3 and
Planning Are 4 of the ESA-SP zone. Specifically a triangular parcel to the north of the
proposed Specific Plan which is presently in Planning Area 4 is proposed to be removed
from Planning Area 4 and added to Planning Area 3. This roughly 12-acre triangular
parcel is actually part of a larger Indian-owned property that crosses Tram Way, and is
proposed to be included in a future Specific Plan for Planning Area 3.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship
to similar or related uses, and other considerations deemed
relevant by the commission and council.
The roughly 12-acre parcel proposed to be changed from Planning Area 4 to Planning
Area 3 is actually a contiguous part of a larger Indian-owned parcel that is wholly within
Planning Area 3. Moving this to Planning Area 3 makes it possible for this parcel to be
Ordinance No. 1784
Page 4
incorporated into a logical larger area for a future Specific Plan in Area 3. The change
from Planning Area 4 to Planning Area 3 makes the relationship to future planning
efforts for this entire Indian-owned parcel feasible and practical.
3. The proposed change of zone is necessary and proper at this
time, and is not likely to be detrimental to the adjacent
property or residents.
The proposed change of this parcel from Planning Area 4 to Planning Area 3 is proper
at this time because it allows the balance of Planning Area 4 to encompass the
proposed Specific Plan. The ESA-SP zone notes that Specific Plans should
encompass the entire planning area. In this case, the only remaining portion of
Planning Area 4 that is not within the proposed Specific Plan is a small, roughly 5-acre
parcel that is contiguous to a parcel at 1090 El Cielo Road and both parcels are owned
by the same individual. (1090 El Cielo is entirely outside the ESA-SP zone.)
SECTION 3: Findings for adoption of the Specific Plan. Although there are no specific
findings outlined in the State of California Governmental Code or the City's
General Plan, State Governmental Code Section 65450 requires that
Specific Plans be adopted in the same manner as a General Plan and that
the following basic components must be in all Specific Plans:
1. The distribution, location, and extent of the uses of land,
including open space within the area covered by the plan.
The Desert Palisades Specific Plan (DPSP) identifies the proposed land uses for all
areas within the Specific Plan boundaries. These include 110 residential lots, open
space, private roadways, and the location of a dual tank Desert Water Agency water
reservoir. The extent of the uses (permitted uses) are delineated in the Specific Plan for
the lots (single family residential) and the uses for the open space is also identified for
public access trails and a network of private roadways.
1. The distribution, location and extent and intensity of major
components of public and private transportation, sewage, water,
drainage, solid waste disposal, energy, and other essential facilities
proposed to be located within the area covered by the plan and
needed to support the land uses proposed in the Plan.
The DPSP identifies the location and proposed extent of all roadways, utilities, and
other essential facilities and services such as solid waste disposal, domestic water,
sewer, electricity, gas and other utilities. The design of all roadways, including surface
materials, load capacities and right-of-way dimensions are outlined in the DPSP. The
Specific Plan provides a comprehensive plan for all services and infrastructure
necessary to support the proposed development.
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1. Standards and criteria by which development will proceed, and
standards for the conservation, development, and utilization of
natural resources.
The DPSP provides a comprehensive set of Design, Architectural, and Landscape
Guidelines for the development of the future 110 homesites. The project envisions that
each home be customized and constructed by the future owners of the individual lots.
The development standards provide for the integration of the future homes into the
natural terrain as much as possible, as well as conservation of topography, natural rock
outcroppings and vegetative features.
1. A program of implementation measures including regulations,
programs, public works projects, and financing measures necessary
to carry out items 1, 2 and 3 above.
The DPSP provides procedural guidelines for the design review of the future homes to
be constructed on the individual lots. The project applicant identifies those portions of
the project that will be developed, constructed and/or installed in advance of
construction of the individual homesites, this includes roadway and utility infrastructure.
1. The plan shall include a statement of the relationship of the Specific
Plan to the General Plan.
The DPSP provides a statement that describes the relationship between the Specific
Plan and the City's General Plan. The DPSP is located in the Special Policy Area Land
Use designation of the City's General Plan and is consistent with the General Plan's
goals and policies for this area. Furthermore, the DPSP is consistent with the densities
permitted by the General Plan with the submission of a Specific Plan for this Special
Policy Area and with approval of the Specific Plan, becomes an amendment to the
City's General Plan.
SECTION 4: Specific Plan — General Plan Findings of Consistency:
In addition, the"Desert Palisades Specific Plan must be consistent with the
goals and policies of the City's General Plan. The following General Plan
policies and action items are applicable to the project:
Policy LU13.1 Require that any development in the Chino Cone be
harmonious with and respectful of the area's natural features.
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.
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
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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.
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.
SECTION 5 Specific Plan — Zoning Code Findings .
There are three sets of findings in the Zoning Code that relate to Specific
Plans and development within Specific Plans in the ESA-SP zone; they
are:
Section 92.21.1.05 (1) "Design Review"
Section 94.04.00 (B) "Architectural Review"
Section 92.21.1.06 (D) "Requirements of a Specific Plan in the ESA-SP"
Pursuant to PSZC Section 92.21.1.05(1) "Design Review" there are ten findings that
must be made prior to approval of development within the ESA-SP. Finding 1 is noted
below. Findings 2 through 10 of this code section are the same as findings 1 through 9
of Section 92.21.1.06(D) and are made herein.
Section 92.21.1.05(1) states:
Any application for a development project within the ESA-SP zone may only
be approved if, in addition to the findings contained in Section 94.04.00 of
the Palm Springs Zoning Code, the following findings are made:
1. The project demonstrates a complete and integrated vision for
design, operation and use through the use of exemplary site
planning, architecture, landscape architecture, materials and color
principles and techniques.
The Desert Palisades Specific Plan provides a comprehensive set of design guidelines,
development standards, landscape guidelines and a plant palette for use in the design
of each custom residence. In addition, the roads, trails, entry features, bridges, gates,
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buffer features, and interpretative sites are proposed with designs that integrate the
natural topography, rock outcroppings, and landscape conditions that are unique to the
Chino Cone area. The materials are consistent with the guidelines in the ESA-SP code
and are required to blend with the natural colors of the rock and vegetation of the site.
Section 92.21.1.05(I) requires that findings contained in Section 94.04.00 "Architectural
Review" be met by this Specific Plan. The "purpose statement" of Section 94.04.00
contains relevant "findings" that are applicable as follows:
1. Recognize the interdependence of land values and aesthetics, and to
provide a method by which the city may implement this
interdependence to its benefit;
The Desert Palisades Specific Plan proposes a subdivision of roughly 117 acres for 110
homesites, private roadways, public trails, open space, and landscaping for a residential
community of custom built homes to be built by individual purchasers of the proposed
lots. The DPSP provides for comprehensive design, development standards, and
landscape guidelines that promote preservation of land values and aesthetics, and
provide a process for review of all subsequent development within the Specific Plan.
2. Encourage development of private and public property in harmony
with the desired character of the city and in conformance with the
guidelines herein provided with due regard to the public and private
interests involved;
The DPSP provides design, development standards, and landscape guidelines and a
process for reviewing future development within the Specific Plan area. These
standards, guidelines and procedures relate to the guidelines for Architectural Review in
the City's Zoning Code. They provide a comprehensive guide to assure future
development in the Specific Plan is in character with the community, harmonious with
the environment, and takes into account both public and private interests by preserving
public access trails, and promoting preservation of viewsheds, privacy for adjoining
development and high quality development within the plan area.
3. Foster attainment of those sections of the city's general plan which
specifically refer to the preservation and enhancement of the
particular character of this city and its harmonious development,
through encouraging private interests to assist in their
implementation, and assure that the public benefits derived from
expenditures of public funds for improvement and a beautification of
streets and other public structures and spaces shall be protected by
the exercise of reasonable controls over the character and design of
private buildings, public buildings, street scapes, and open spaces.
The DPSP is consistent with policies of the General Plan for the Special Policy land use
area which encourage the careful development of lands in this part of the City. The
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DPSP proposes features that benefit both the future private lot holder through thoughtful
and complete design and landscape standards, as well as to ensure preservation of
open space and public trails are maintained and improved. The DPSP proposes a set
of development standards that require the careful integration of development into the
natural topography and terrain of the Chino Cone area. It also provides for public
enjoyment of this unique part of the City through the preservation of existing public
access trails, establishment of new public access trails, and the physical improvement
of these trails through surface improvements, interpretative signage, benches and
special landscape treatment.
Pursuant to PSZC Section 92.21.1.06(D), a specific plan for a planning area within the
ESA-SP zone may only be approved if, the following nine findings are made (these are
the same as findings 2 through 10 of PSZC Section 92.21.1.05(1)):
1. The development provided in the Specific Plan is harmonious with,
adapted to, and respectful of, the natural features within minimal
disturbance of terrain and vegetation.
As proposed, the Desert Palisades project will respect existing topography and natural
features as much as possible. Site disturbance will be limited to the initial grading for
street and infrastructure installation, trails, construction of a DWA dual tank water
reservoir, and development that will occur in the future as individual owners develop
their homesites. The lots range in size from 14,000 to 34,000 square feet. A maximum
footprint of 6,000 square feet is permitted for home and accessory building construction
for each lot, leaving the remaining portion of each lot undisturbed.
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.
Existing vegetation will remain in its natural state and any landscaping introduced with
future development will be in accordance with the landscape standards of the Specific
Plan which encourages native species. The proposed lot lines for each residential lot
are separated by common open space between lots that will remain undisturbed. The
project is designed to preserve and avoid disturbance of large rock outcroppings as well
as sensitive cultural areas. Existing drainage courses have been preserved in the
project's design. Bridges or fair-weather crossings will be utilized in street design to
span these areas.
1. 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.
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The architectural and site design guidelines in the Specific Plan address these issues,
including acceptable materials, screening requirements, and methods for the blending
of building design with the natural environment.
1. 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.
All landscaping concepts and proposed perimeter berms/buffers described in the
proposed Specific Plan will utilize materials currently found on-site or conducive to the
Chino Cone area. Boulders removed during grading will be relocated to perimeter
areas to create a natural buffer for adjacent residents and traffic along Tram Way. The
proposed plant palette includes plants which are drought tolerant and normally found in
undeveloped areas of the desert.
1. 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.
Grading will be required to construct the site's roadways/infrastructure and install
utilities. The preliminary grading plan submitted with the Specific Plan is limited to only
these roadways and related infrastructure. Once this initial phase of grading is
completed, disturbed areas will be re-naturalized and lots will remain undisturbed until
individual owners are ready to construct homes. The timing of these subsequent
activities will be driven by market conditions and individual preferences. The
architectural guidelines provided herein propose various home foundation systems
intended to limit development impacts within each homesite. The incorporation of
natural terrain and geographic features is also encouraged in home construction
pursuant to the design and development standards in the proposed Specific Plan.
1. The Specific Plan preserves open space areas to the maximum extent
permitted by the Ordinance and in accordance with the conservation
plan, and adequate assurances are provided for the permanent
preservation of such areas.
According to the ESA-SP Zoning Ordinance, a minimum of 72% of the Planning Area is
required to be left as undisturbed open space. The Desert Palisades project includes
approximately 74% open space. This is based on the developable area of 100 acres.
When accounting for the gross acreage of the project site (117 acres) the open space
percentage is closer to 77%.
Based on the requirements for dwelling size (6,000 square feet), approximately 15
acres of the site would be developed with homes if the maximum buildout of 110 homes
is reached. There are approximately 11 acres of private streets and rights-of-way
proposed within the project. As a result, approximately 26 acres of the Planning Area
Ordinance No. 1784
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would be disturbed by development. Areas between lots, drainage courses, and the on-
site trail system are included in the 54 acres of undisturbed land shown as lots "A"
through "I" on Tentative Tract Map 35540. Assigning lots to areas reserved for
preservation is in accordance with the provisions of the ESA-SP Ordinance. Prohibiting
mass grading of lots, limiting overall lot coverage, and allowing for large separations
between home sites is also part of the project's broader goals to keep the site as natural
and undisturbed as possible.
2. The Specific Plan provides the maximum retention of vistas and
natural topographic features including mountainsides, ridgelines,
hilltops, slopes, rock outcroppings, arroyos, ravines, and canyons.
The proposed SP includes a view analysis from various vantage points which has been
expanded on in the EIR through a visual simulation that will place homes on the
landscape to analyze impacts. Existing topography will be preserved as much as
possible with limited grading, and a specific color and material palette is proposed for
future homes to minimize the visual impact of development on the site from the
surrounding areas of the City. The project is designed to preserve the existing
topographic features including rock fields, outcroppings, natural slopes, ravines, and
arroyos. There are approximately nine acres of hillside near the southern boundary of
the project site on which no development or disturbance of any kind is proposed.
Natural vistas and viewsheds will be preserved and development guidelines for the
future development of homes are intended to nestle the structures within the topography
of the site as much as possible.
3. 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.
The project provides a separation of approximately 100 feet between the easternmost
row of homes and the eastern boundary that separates Planning Area 4 from the
adjacent Little Tuscany neighborhood. Similar buffers occur along the portion of the
project that fronts Tram Way, and the northern boundary of the project. The Tram Way
buffer along with the topographic variation that exists between Tram Way and the
project site will obscure most of the development from motorists along this roadway.
Relocated boulders and scattered plantings will be also incorporated into each buffer
area in lieu of a block wall, creating a natural appearance while allowing for privacy and
enjoyment of property between neighborhoods. The mountainous terrain adjacent to
the southern boundary of the project prohibits any development from taking place.
4. The development provided in the Specific Plan will not have a negative
fiscal impact on the City or its citizens.
A fiscal analysis was prepared for the project by Stanley R. Hoffman Associates (March,
2007, revised June 2010), which presents the fiscal impact analysis for the Desert
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Palisades Specific Plan. The fiscal impact analysis projects recurring revenues and
costs to the City's General Fund. Fiscal impacts were projected in year 2010 constant
dollars. According to the report, a recurring surplus of about $583.6 thousand was
projected after buildout based on recurring revenues of about $750.8 thousand and
recurring costs of $167.3 thousand. The large projected surplus for the proposed
Specific Plan is a result of the substantial projected property tax, retail sales tax
generated by the residents of the project and property tax in-lieu of vehicle license fees
(VLF). Projected property taxes account for about 60 percent of projected recurring
revenues, and are the result of the high-value, custom home residential development
proposed.
SECTION 6. Pursuant to California Law, an ordinance was prepared for two readings
before Council for the approval of the Desert Palisades Specific Plan and
roughly 12-acre change of zone and a thirty-day waiting period before it is
effective allowing the approval of Case 5.1154 SP.
SECTION 7. The City Council adopts an ordinance to approve the Desert Palisades
Specific Plan and the zone map change moving the roughly 12 acre parcel
from Planning Area 4 to Planning Area 3, in conjunction with Case
Number 5.1154 SP..
SECTION 8. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 9. Publication: The City Clerk is hereby ordered to and directed to certify to
the passage of this Ordinance, and to cause the same or summary thereof
or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED THIS 19T" DAY OF JANUARY, 2011.
Stephen P. Pougnet, Mayor
ATTEST:
mes Thompson, City Clerk
Ordinance No. 1784
Page 12
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 Ordinance No. 1784 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 5t" day of
January, 2011, and adopted at a regular meeting of the City Council held on the 19n 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.
mes Thompson, City Clerk C �
City of Palm Springs, California